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Home My WebLink AboutSPECIAL PROVISIONS - 23-00823 - 2023 Street Light Project2023 Street Light Project Project #STR-05-23 Project # STR-05-23 SUPPLEMENTARY CONDITIONS INTRODUCTORY STATEMENT These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction and other provisions of the CONTRACT DOCUMENTS as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions. SC 1. Add the following term to the definition to Article 1: Contingency amount – Moneys allocated by OWNER but no payable to CONTRACTOR for the WORK described in the CONTRACT DOCUMENTS. SC 2. Add the following to paragraph 2.6.1 2.6.1 This estimated progress schedule shall be in the form of the bar graph or CPM, in reproducible form. The OWNER shall approve the form and the content for adequacy. SC 3.7 Add paragraph 3.7 to the General Conditions as follows: Priority of Provisions of CONTRACT DOCUMENTS: 3.7 In the event that any provision of any one Contract Document conflicts with the provision of another Contract, the provision in that Contract Document first listed below shall govern, except as otherwise specifically stated: 1. Agreement 2. Addenda to CONTRACT DOCUMENTS 3. Remaining Legal and Procedural Documents a. Bid Form b. Invitation to Bid c. Instructions to Bidders 4. Detailed Specification Requirements (Divisions 1 thru 16 inclusive). 5. Drawings 6. General Conditions of the Contract 7. Bonds a. Performance Bond b. Labor and Materials Payment Bond c. Proposal Guaranty Project # STR-05-23 SC 5.3 The limits of liability for the insurance required by paragraph 5.3 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 5.3.1 and 5.3.2 Workers’ Compensation, etc., under paragraphs 5.3.1 and 5.3.2 of the General Conditions 1. State: Statutory 2. Applicable Federal (e.g. Statutory Longshoreman’s): 3. Employer’s Liability Statutory 5.3.3, 5.3.4 and 5.3.6 Comprehensive General Liability (under paragraphs 5.13 through 5.3.6 if the General Conditions): 1. Bodily Injury (including completed operations products liability): $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Property Damage $1,000,000 Each Occurrence $1,000,000 Annual Aggregate or combined single limit of $3,000,000 2. Property Damage Liability Insurance will provide Explosion, Collapse, and Underground coverage where applicable. 3. Personal Injury, with employment exclusion, deleted: $1,000,000 Annual Aggregate 5.3.7 Comprehensive Automobile Liability: Bodily Injury: 3,000,000 Each Person 3,000,000 Each Occurrence Property Damage: Statutory Each Occurrence or combined single limit $1,000,000 Add the following paragraph: 5.3.8 CONTRACTOR’S Liability Insurance shall specifically cover claims under GC 5.3.6 for damages caused by CONTRACTOR’S equipment, material, tools, and property of OWNER or other Contractors employed on the project by the OWNER. 5.3.8 The CONTRACTOR’S liability insurance shall include the City of Rexburg under the policy for this project only. SC 5.4 1. Bodily Injury $3,000,000 Each Occurrence $3,000,000 Annual Aggregate Project # STR-05-23 SC 6.8 Add two new paragraphs immediately after paragraph 6.8.2 of the General Conditions which is to read as follows: 6.8.3 CONTRACTOR shall not be permitted, without the express written authorization of OWNER, to Subcontract more than fifty percent (50%) of the CONTRACTOR’S work. Said percentage shall be computed by dividing the summation of the total cost for all the subcontracted work by the CONTRACTOR’S price or the summation of all total man hours for all subcontracted work by the summation of all total man-hours required for CONTRACTOR’S total man hours, whichever is less. SC 6.1.3 Amend the first sentence with the following: 6.1.3 Unless otherwise provided in Contract CONTRACTOR shall obtain and pay Administrative Provisions, permits, and licenses. SC 6.19 Following the first paragraph, add the following: CONTRACTOR shall provide the OWNER five (5) copies of all vendor information on items purchased and installed by CONTRACTOR. All vendor information shall be bound in a binder as approved by OWNER and submitted to OWNER prior to CONTRACTOR’S application for final payment. Information required shall include, but not necessarily be limited to drawings, replacement lists, vendor’s name, address, and telephone number, operating instructions, warranty, and location of service centers. SC 6.30 Replace paragraph 6.30 with the following: Indemnification: 6.30 The CONTRACTOR shall hold harmless, indemnify and defend the OWNER, their officers, employees, and agents, from any and all liability claims, losses or damage arising or alleged to arise from the performance of the work described herein, but not including the sole negligence of the OWNER. SC 11.2 Revise paragraph 11.2 as follows: Delete reference to thirty (30) days for making claim and replace with seven (7) days. SC 11.6.1 Delete “or if none can be agreed upon.” SC 11.6.2 Delete in its entirety. Project # STR-05-23 SC 11.9.3 Paragraph 11.9.3 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: “The united price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 11.9.3.1 If the total cost of a particular item of Unit Price Work amounts to 15 percent or more of the Contract Price and the variation in the quantity of the particular item of Unit Price Work performed by Contractor differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement; then either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the effect of any such variations in the quantity of Unity Price Work performed.” SC 12.1 Revise paragraph 12.1 as follows: 12.1 Delete reference to thirty (30) days for making claim and replace with seven (7) days. SC 14.2 14.2 Delete the last sentence and insert: “Retainage will be 5% of the amount paid.” SC 14.4 Amend the third sentence of paragraph 14.4 of the General Conditions to read as follows: Thirty days after…by OWNER to CONTRACTOR SC 14.5 Add the following paragraphs immediately after paragraph 14.5 of the General Conditions to read as follows: 14.5 The OWNER may retain five (5) percent of the amount of each payment until final completion and acceptance of all work covered by the CONTRACT DOCUMENTS. When the work is substantially complete (operational or beneficial occupancy), the retained amount may be further reduced below five (5) percent to only that amount necessary to assure completion. On completion and acceptance of a part of the work on which the price is stated separately in the CONTRACT DOCUMENTS, payment may be in full, including retained percentages, less authorized deductions. SC 14.7.5 Add a new paragraph immediately after paragraph 14.7.4 of the General Conditions which is to read as follows: 14.7.5 If the OWNER fails to make payment thirty (30) days after approval by the ENGINEER, in addition to other remedies available to the CONTRACTOR, there shall be added to each such payment interest at the maximum legal rate commencing on the first day after said payment is due and continuing until the payment is received by the CONTRACTOR. Project # STR-05-23 SC 15.2 Add the additional paragraphs after paragraph 15.2.9 of the General Conditions which is to read as follows: 15.2.10 If, no through no act or fault of the CONTRACTOR, the WORK is stopped for a period of more than ninety (90) days by the OWNER or under an order of court or other public authority, or the ENGINEER fails to act on any request for payment within ninety (90) days after it is submitted, or the OWNER fails to pay the CONTRACTOR substantially the sum approved by the ENGINEER within thirty (30) days of its approval and presentation, then the CONTRACTOR may after ten (10) days from delivery of a WRITTEN NOTICE to the OWNER terminate the CONTRACT and recover from the OWNER payment for all WORK executed and all expenses sustained. In addition and in lieu of terminating the CONTRACT, if the OWNER has failed to act on a request for payment or if the OWNER has failed to make any payment as aforesaid, the CONTRACTOR may, upon ten (10) days written notice to the OWNER, stop the WORK until all amounts then due, in which event and upon resolution of the WORK CHANGE ORDERS shall be issued for adjusting to the CONTRACT PRICE or extending the CONTRACT TIME, or both, to compensate for the costs and delays attributable to stoppage of the WORK. 15.2.11 If the performance of all or any portion of the WORK is suspended, delayed, or interrupted as a result of a failure of the OWNER to act within the time specified in the CONTRACT DOCUMENTS, or if no time is specified, within a reasonable time, an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, shall be made by CHANGE ORDER to compensate the CONTRACTOR for the costs and delays necessarily caused by the failure of the OWNER or ENGINEER. SC. 16 Delete Article 16 – ARBITRATION from General Conditions END OF SUPPLEMENTARY CONDITIONS ^TOP Project # STR-05-23 SPECIAL PROVISIONS CONTRACT: 2023 STREET LIGHT PROJECT PROJECT NO.: STR-05-23 GENERAL INFORMATION All work associated with this project shall be performed and completed in conformance with these Contract Documents, the construction drawings pertaining to this project, the City of Rexburg Standard Drawings and Specifications, and applicable Federal, State or Local requirements or as directed by the City Engineer. PROJECT DESCRIPTION The Project consists of the installation of Street lights along; Main Street, 5th West, Douglas Dr, Parkside Dr, Millhollow & Mariah Ave and other locations thru out the city. STANDARD SPECIFICATIONS AND STANDARD DRAWINGS The City of Rexburg has adopted Idaho Standards for Public Works Construction Specifications and Drawings as its (Rexburg's) Standard Specifications and Standard Drawings; and these referenced Standard Specifications and Standard Drawings shall be those governing and referenced in this Contract except as they may be amended in these Special Provisions or Project Plans. Wherever the word CITY is used in these Standards, it shall be understood to mean the City of Rexburg. Wherever the word ENGINEER or CITY ENGINEER is used, it shall be understood to mean the City Engineer of the City of Rexburg, or the Engineer the City has designated to be in charge of the project or particular part of the project work. STAKING Staking will be done by the City or its’ subcontractors. Re-staking shall be done at the expense of the contractor. The City shall be notified 24 hours prior to when surveying will occur. All unscheduled surveying will be the responsibility of contractor. MATERIAL SOURCES & EXCAVATION All materials such as Granular Borrow, ¾” Aggregate Base, Plant mix Pavement, and Topsoil shall be provided from the Contractor's own source or from a commercial source approved by the City of Rexburg. Compaction requirements (Sections 306.3.3 and 306.3.4) will be Type A-1 for all street locations and proposed street locations, curb and gutter, sidewalks and driveways next to streets and Type C for all landscaping and agricultural areas. STREET LIGHT INSTALLATION 30 foot Street Light poles and 15 foot mast arms shall be Hapco Part No. RTA30D8B4T1E or approved equal and the light fixtures for the 150 Watt light fixture installations shall be American Electric Lighting No. ATBM P20 MVOLT R3 P7 AO or approved equal. The cost of each street light to include but not limited to installation of conduit (trenching and backfilling), point of disconnect, required wiring, surface restoration (ie sod), pole foundation, anchor bolts and steel pole and fixture purchase and installation for the complete working Project # STR-05-23 installation of street light. Payment shall be paid at the Contract unit bid price on a LUMP SUM basis. DIRECTIONAL DRILLING Directional drilling & boring to complete construction will be required under sidewalks, City Streets, Driveways, extensive landscape etc. and considered at the contract price. Payment and measurement will be by the Linear Foot. All surface restoration and repair will be included in the bid price. Payment and measurement will be by the Linear Foot. STREETLAMP FOUNDATION The concrete street pole foundation for the 30 foot Cobra type lights will be constructed using the ITD standard drawing No. I-7-C for a 30 foot high pole with a Type A foundation. Please see plans for standard detail of ITD Drawing LAWN & LANDSCAPING REPAIR/REPLACEMENT/RECONSTRUCTION Where excavation is required thru existing grassed or landscaped areas the contractor shall make every effort to disturb the area as little as possible. ( At some locations it is necessary to install new sidewalk and/or driveway and/or curb and gutter or to remove and replace existing sidewalk and/or driveway and/or curb and gutter. In planting areas, the contractor is to salvage or replace planting area to existing conditions. Areas where lawns are disturbed the contractor is required to place a minimum of 12 inches of topsoil, level, compact and sod the disturbed lawn area. Any labor, materials or construction costs involving incidentals not mentioned (examples include but are not limited to sprinkling systems, exterior or yard lighting relocation, fence relocation or removal, and railing removal and repair) will not be paid for separately and all costs associated therewith shall be included in the cost of other associated Contract Bid Items. UTILITY LOCATIONS The Contractor shall request all utility companies to locate all of their utilities prior to commencement of any phase of construction that may affect said utilities. This location may be obtained for utilities within the city limits by calling 1-800-346-3972 scheduling a "locate". The Contractor shall be responsible for maintaining a record of these locations for use during construction. UTILITY SERVICE All utility services shall be maintained in such a manner as to cause the least inconvenience to the property owners. When utility service is disrupted as a result of the Contractor's operations, the Contractor shall provide service and shall be responsible for maintaining service to the property owner until the project is completed. GENERAL CLEANUP The Contractor shall be responsible for the general cleanup of the project site, such as smoothing and rounding of back slopes, leveling mounds, filling voids with appropriate material and Project # STR-05-23 removal of all excess material. The Contractor shall pick up, load, haul and dispose of all debris left from sidewalk/driveway, roadway or other construction. Any labor, material, or equipment used to meet the requirements of this paragraph shall be considered incidental to the project and all costs associated therewith shall be included in the contractor's unit bid price for other bid items. DISPOSAL OF WASTE: COMPLIANCE WITH ENVIRONMENTAL LAWS Contractors shall remove, transport and properly dispose of all asphalt, debris, and waste material removed from the work site as required under the terms and conditions hereof. All such removal, transportation and disposal shall be at Contractor's sole expense and shall be accomplished in accordance with all statutes, laws, regulations and ordinances of the United States government, the State of Idaho or other agencies or local governments having jurisdiction thereof. Prior to the disposal of any hazardous chemical or regulated waste at any landfill, Contractor shall provide written proof satisfactory to the City that the operator of such landfill possesses all permits and licenses required by law in order to accept waste to be removed from the project site. Prior to acceptance of the work by the City, Contractor shall deliver to the City a certificate from the operator of any landfill wherein such waste has been delivered, stating that all such waste material has been properly disposed of in accordance with all such laws, statutes and regulations. Contractor shall hold the City harmless from all fines, penalties, costs, claims and demands of any kind, including attorneys' fees and court costs, arising from any act or omission by Contractor while removing, transporting or disposing of any hazardous substance or regulated waste at the project site. TRAFFIC CONTROL The CONTRACTOR shall be responsible for all traffic control during construction. The Contractor shall cooperate with the Police and Fire Departments to adequately ensure that fire protection access requirements and vehicular traffic control and access are being provided. The removal of any parked cars shall be the responsibility of the Contractor and shall be coordinated with the Police Department. A construction schedule detailing areas and type of work to be performed and a traffic control plan to minimize delays and to protect the public shall be submitted by the Contractor for review by the City Engineer. This plan shall be in conformance with the current Manual on Uniform Traffic Control Devices (MUTCD) For Streets and Highways and shall include details on proposed detours or changes in traffic control devices or pavement markings. No work shall be performed until a traffic control plan has been approved and all traffic control devices have been installed. The Contractor shall be responsible for furnishing, erecting, maintaining, and removing all necessary construction signs, barricades, and traffic control devices required on this project in accordance with the approved traffic control plan. All signing and traffic control devices shall conform to the current Manual on Uniform Traffic Control Devices (MUTCD) For Streets and Highways. Any costs associated with the furnishing and maintenance of the various required traffic control devices shall be incidental to the project and shall be included in other project bid items. The contractor shall provide an individual or individuals knowledgeable in traffic control Project # STR-05-23 to maintain and monitor required traffic control. Such individual or individuals shall have traffic control as a primary responsibility and duty and shall be available at all times that work is in progress to perform these duties. Certification by the Idaho Transportation Department (I.T.D.) is advisable. During non-working days and non-work hours, the individual need not be on duty, but shall be available by telephone contact to perform maintenance of traffic control devices as necessary. During non-working days, the individual shall review project traffic control at least once daily and perform any maintenance needed. The Contractor shall keep the businesses within the project area continually advised of his proposed schedule of operations. Vehicular access shall be continuously maintained to all businesses adjacent to this street construction work. PUBLIC NOTIFICATION The CONTRACTOR shall provide individuals and businesses affected by the project with notification one (1) week prior to the start of construction. The Contractor shall leave printed material with any business or property owner adjacent to the subject construction work that states: (1) the Contractor's name, (2) the name of the Project Superintendent, and (3) two telephone numbers whereat the Contractor or his Superintendent can be reached to answer property owner’s questions regarding the project. The Contractor shall provide public notice of the project forty-eight (48) hours prior to the start of construction Public notice shall be through the local news media. All notices shall contain the Project name, the Contractor's name, the Contractor's phone number, the type of work to be performed, tentative start and end of construction, and any anticipated disruption of services. Any changes which may affect the start or end of construction by more than one week shall require re-notification of the public and all businesses of the changed schedule. The above notifications may be waived if the City determines it to be unnecessary. The Contractor shall be responsible for notifying all pertinent agencies such as the Police Department, Fire Department, and Sanitation Department, U.S. Post Office, INEL Bus personnel, School Districts Bus personnel, etc. of the proposed construction work and schedule and of any road closures, detours, etc. which might affect their normal operations. Such notice should be provided with enough time for those agencies to provide notice to and reschedule their affected personnel and customers. COMPLETION TIMETABLE Due to the difficulty in procuring building materials the City of Rexburg will allow the contractor to order all material for the project and after the materials are received by the contractor the notice to proceed will commence on that date. The delivery time will NOT count towards the contract days. Once all building materials have been received the contract time will start. The CONTRACTOR shall have sixty (60) days for all work for substantial completion from notice to proceed, to complete all work and cleanup involved with this project. ^TOP