SWIF Bid Documents - The Village of Buckeye Lake

Transcription

SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
VILLAGE OF BUCKEYE LAKE
NUTRIENT REDUCTION
PROJECT
Buck11-04M
Owner:
THE VILLAGE OF BUCKEYE LAKE
OHIO
5192 Walnut Road SE
P.O. Box 27
Buckeye Lake, OH 43008
Bid Documents Prepared By:
59 Grant Street,
Newark, OH 43055
P:740-344-5451
F:740-344-5746
www.jobeshenderson.com
JHA PROJECT NUMBER: BL SWIF
Table of Contents
Title Page
Table of Contents .............................................................................................. i
Notice to Bidders .............................................................................................. ii
Instructions to Bidders ..................................................................................... iii
1.0
BID PROPOSAL
Bid Form ................................................................................................................. 1.1
Bid Guaranty and Contract Performance and
Payment Bond........................................................................................................ 1.9
Non-Collusion Affidavit ....................................................................................... 1.11
Bidder’s Equal Opportunity Certification........................................................... 1.13
2.0
AGREEMENT
Owner-Contractor Agreement .............................................................................. 2.1
Contract Affidavit ...........................................................................................2.7
Contractor Personal Property Tax Affidavit ...................................................2.9
Contract Performance and Payment Bond..................................................2.11
3.0
GENERAL CONDITIONS OF THE CONTRACT
(EJCDC C-700, 2002 Edition), as modified ............................................ 3.1
4.0
SPECIAL PROJECT CONDITIONS
Declaration Regarding Material Assistance/Non Assistance
to a Terrorist Organization.............................................................................4.1
5.0
PROJECT DESCRIPTION & SUPPLEMENTAL SPECIFICATIONS .... 5.1
6.0
STATE OF OHIO – PREVAILING WAGE DETERMINATION
7.0
CONTRACTUAL ADMINISTRATIVE FORMS
Notice of Commencement ............................................................................7.1
Work Change Directive Form (EJCDC C-940, 2002 Edition) ........................7.3
Field Order Form (EJCDC C-942, 2002 Edition) ...........................................7.5
Change Order Form (EJCDC C-941, 2002 Edition) ......................................7.7
Contractor’s Payment Application Checklist ...............................................7.11
Contractor’s Application for Payment (EJCDC C-620, 2002 Edition) ..........7.13
State of Ohio Construction Contract Exemption Certificate ........................7.21
Notice to Bidders
ii-1
IRS Form W-9 .............................................................................................7.23
Certificate of Substantial Completion (EJCDC C-625, 2002 Edition) ..........7.27
Contractor’s Affidavit of Payment of Debts and Claim ................................7.29
Contractor’s Affidavit of Release of Liens ...................................................7.31
Statement of Claim Form ............................................................................7.33
Contractor’s Acknowledgement ..................................................................7.35
8.0
STANDARD CONSTRUCTION DRAWINGS
LEGAL NOTICE
Notice to Bidders
ii-2
Sealed bids will be received by Vaughn Klingler, Village of Buckeye Lake Director of Public Works, at the Village of
Buckeye Lake Office, 5192 Walnut Road SE, Buckeye Lake, Ohio 43008, until 11:30 am on Thursday,
November 14, 2013, and then and there publicly opened and read for The Village of Buckeye Lake Nutrient
Reduction Project (Buck11-04M) within the Village of Buckeye Lake, according to specifications now on file at
the Village of Buckeye Lake Office.
This project involves the installation of new catch basins, conduit, and filters at the corner of Lighthouse Lane and
Dockside Drive, replacing existing pavement at the Buckeye Lake Municipal Building with pervious concrete
pavement and adding a rain garden at the municipal building.
Bidding documents as prepared by Jobes Henderson & Associates may be examined at the following location:
Jobes Henderson & Associates
59 Grant Street
Newark, Ohio 43055
740-344-5451
Village of Buckeye Lake Office
5192 Walnut Road SE
740-928-7100
Complete sets of bidding documents will be issued to bidders only through Jobes Henderson & Associates Inc.
Bidders may obtain bidding documents upon payment of $100.00 per set (non-refundable) in the form of cash or a
commercial bank check payable to Jobes Henderson & Associates, Inc. Bid documents may also be obtained by
mail upon receipt of $100.00 plus $20.00 shipping fees at the above office. Previous plan holders can obtain bidding
documents upon payment of $50.00 per set plus $20.00 for shipping if requested.
Bids are to be addressed to the Village of Buckeye Lake, Mayor, 5192 Walnut Road SE, P.O. Box 27, Buckeye Lake,
OH 43008, and shall be marked "Sealed Bid –The Village of Buckeye Lake Nutrient Reduction Project (Buck1104M."
Bidders who submit a bid must be a Plan Holder of record at the Issuing Office. Bids from Bidders who are not on
the Plan Holders List may be returned as being non-responsible. Plan Holders are requested to provide an e-mail
address if they wish to receive addenda and other information electronically. Plan Holders are requested to
designate whether they are a prime contractor, subcontractor, or supplier on the Plan Holders List.
Each Bidder is required to furnish with its Bid Proposal, a Bid Guaranty and Contract Bond in accordance with Section
153.54 of the Ohio Revised Code. Bid Security furnished in Bond form shall be issued by a Surety Company or
Corporation licensed in the State of Ohio to provide said Surety. The bid surety shall be payable to the Village of
Buckeye Lake, Ohio as a guarantee that if the Bid Proposal is accepted, a contract will be entered into and its
performance properly secured. Bid Proposals accompanied by a certified check, cashier's check, or letter of credit will
require a subsequent contract performance bond in the amount of one hundred percent (100 percent) of the amount of
the contract. All provisions of the Ohio Revised Code as it relates to bid guarantees, conditions, liabilities, and
withdrawal of a Bid Proposal are pertinent to this contract.
Each proposal must contain the full name of the party or parties submitting the Bid Proposal and all persons interested
therein, and shall be signed by the full name and business address of each person or company interested in the
business. The Bid Proposal must be made on the forms provided therefore in the contract documents, or a copy
thereof, with a price quote for the work on a unit cost basis, with labor and materials costs to be stated separately.
The Village of Buckeye Lake reserves the right to reject any or all Bid Proposals, to waive any technicality, and to
award the contract to the Bidder that is determined to have submitted the lowest and best Bid for the Work. All
Bids remain subject to acceptance for 60 days after the time set for receiving Bids.
Bidder must comply with the prevailing wage rates on Public Improvements in Licking County and the Village of
Buckeye Lake, Ohio as determined by the Ohio Bureau of Employment Services, Wage and Hour Division.
Notice to Bidders
ii-3
Vaughn Klingler
Director of Public Works, Village of Buckeye Lake
To be advertised -
Thursday, October 31
Thursday, November 7
END OF SECTION
Notice to Bidders
ii-4
INSTRUCTIONS TO BIDDERS
1. EXAMINATION OF CONTRACT DOCUMENTS AND SITE
A. Bidders are cautioned to review carefully the Site and all parts of the Contract Documents made
available to each bidder, including, but not limited to, the Notice to Bidders, Instructions to
Bidders, Bid Form, Owner-Contractor Agreement, General Conditions of the Contract for the
Project, Special Conditions for the Project (if any), Drawings, and Specifications. The Contract
Documents, as defined in the Owner-Contractor Agreement, shall govern the relationship between
the successful Bidder and the Owner upon execution of an Owner-Contractor Agreement by the
Owner and the successful Bidder.
B. No allowance will be made subsequently for any omission, error, or negligence of the Bidder.
C. All Bidders shall be familiar with the existing conditions in the material and labor markets, as well
as the conditions related to the Work, and the fact that a Bid is submitted will be construed by the
Owner as an agreement by the Bidder to carry out the improvements in full conformance with the
Specifications and other Contract Documents, notwithstanding the existing conditions.
D. Each Bidder shall be responsible for coordinating its Work with the Work of other bid packages
that require integration of the Bidder's Work.
E. The accuracy or completeness of any soil boring data referenced in the General Conditions is not
guaranteed by the Owner or the Engineer, and in no event is such information to be considered
part of the Contract Drawings or Specifications. The successful Bidder shall assume all
responsibility regarding such conditions related to the Project and the Work for which the Bidder
submits a bid; the Bidder shall make its own investigation of existing conditions. Neither the
Owner nor the Engineer shall be responsible for any additional compensation for Work performed
under the Contract due to a Bidder's reliance upon such information prepared solely for the
Owner's use. Failure of a Bidder to attend the pre-bid meeting, which failure to attend results in
the Bidder not fully being familiar with the existing conditions and Project requirements, shall not
be considered a basis for additional compensation to the successful Bidder for the Work.
2. OWNER & ENGINEER
A. The Owner is:
Village of Buckeye Lake
5192 Walnut Road SE
P.O. Box 27
Telephone Number: (740) 928-7100
Fax Number: (740) 928-8843
Project Contact: Vaughn Klingler
B. The Engineer is:
Jobes Henderson & Associates, Inc.
59 Grant Street
Newark, OH 43055
Telephone Number: (740) 344-5451
Fax Number: (740) 344-5746
Project Contact: Susan Derwacter
3. PROJECT
The Project consists of all labor, materials, and services necessary for the timely and proper completion of
the VILLAGE OF BUCKEYE LAKE – Nutrient Reduction Project (Buck11-04M), all in accordance with
the Contract Documents.
4. WORK
The Project is divided into multiple bid packages. At this time, bids are being solicited for the separate bid
Instructions to Bidders
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packages listed below and combinations of these bid packages, if any, as identified in the bid form:
Bid Package #1:
Bid Package #2:
Bid Package #3:
Bid Package #4:
VILLAGE OF BUCKEYE LAKE – NUTRIENT REDUCTION PROJECT (Buck11-04M)
___________________________
___________________________
___________________________
5. ESTIMATE OF CONSTRUCTION COST
The estimated cost of the Base Bid Work for this Project is $71,000.
6. CONTRACT DOCUMENTS
The Contract Documents for the Project may be examined at the following locations:
Village of Buckeye Lake Offices
5192 Walnut Road SE
740-928-7100
Jobes Henderson & Assoc., Inc.
59 Grant Street
Newark, OH 43055
740-344-5451
Complete sets of bidding documents will be issued to bidders only through Jobes Henderson &
Associates, Inc. Bidders may obtain bidding documents upon payment of $100.00 per set (nonrefundable) in the form of cash or a commercial bank check payable to Jobes Henderson & Associates,
Inc. Bid documents may also be obtained by mail upon receipt of $100.00 plus $20.00 shipping fees at the
above office. Previous plan holders will pay a reduced rate of $50.00 per bid set plus $20.00 shipping
fees.
Bidders shall use complete sets of Contract Documents in preparing bids. Neither the Owner nor the
Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete
sets of Contract Documents.
The Owner or the Engineer, in making the Contract Documents available on the above terms, do so only
for the purpose of obtaining bids on the Work and do not confer a license or grant for any other use.
7. PRE-BID MEETING
A pre-bid meeting is not scheduled for this project.
8. PREPARATION OF BIDS
A. All Bids must be submitted on the "Bid Form” furnished with the Contract Documents.
B. All blank spaces shall be filled in, in ink or typewritten, in words and figures, and in figures only
where no space is provided for words, and signed by the Bidder. The wording on the Bid Form
shall be used without change, alteration, or addition. Any change in the wording or omission of
specified accompanying documents may cause the Bid to be rejected. If both numbers and words
are requested for any Bid item, the amount in words shall prevail if there is an inconsistency
between the numbers and words written.
C. Bidders shall note receipt of Addenda on the Bid Form. If the Bidder fails to acknowledge receipt
of each Addendum, the Bid shall be deemed non-responsive, unless the Bid amount reflects
receipt of the Addendum or the Addendum involves only a matter of form and does not affect the
price, quantity or quality of the Work to be performed.
D. Each Bidder shall submit one (1) original copy of its Bid to the Owner. The Bid Form shall be
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signed with the name typed or printed below the signature. A Bid shall not be submitted by
facsimile transmission. A Bidder that is a corporation shall sign its Bid with the legal name of the
corporation followed by the name of the state of incorporation and the legal signature of an officer
authorized to bind the corporation to a contract.
E. Each Bid shall be enclosed in a sealed opaque envelope with the Bidder's name and the title of
the Project printed in the upper left hand corner and addressed as follows: Village of Buckeye
Lake, Mayor, 5192 Walnut Road SE, Buckeye Lake, OH 43008, and shall be marked "Sealed
Bid – VILLAGE OF BUCKEYE LAKE – NUTRIENT REDUCTION PROJECT (Buck11-04M)."
Bids must be received at the designated location for the bid opening before 11:30 a.m. local time
on Thursday, November 14, 2013.
F. The completed Bid Form shall be accompanied by the following documents:
1) The Bid Guaranty (see Section 9 below);
2) Non-Collusion Affidavit;
3) Bidder’s Equal Employment Opportunity Certification;
G. The Bidder shall take the following precautions in preparing its bid:
1) Sign the Bid and check to insure all blank spaces have been filled in with requested
information and that the specified accompanying documents (listed in Item F above)
have been included in a sealed opaque envelope addressed as described in Item E
above.
2) When the Bid Form provides for quoting either an addition or deduction for an Alternate
item, indicate whether the sum named is an addition or deduction.
3) When the Bid Form provides for quoting a unit price, the Bidder should quote the unit
price as set forth in the Bid Documents.
4) When applicable, make sure that the Bid Guaranty is properly executed and signed by:
a) The Bidder
b) The Surety or Sureties
5) Make sure that the amount of the Bid Guaranty (if the Bid Guaranty is in the form of a
certified check, letter of credit, or cashier's check) is for a specific sum in an amount as
instructed in Section 9 below. If the Bid Guaranty is in the form of the Bid Guaranty and
Contract Performance and Payment Bond, the amount may be left blank; if an amount
is inserted, it must equal the total of the base bid and all add alternates included.
Failure to state an amount equal to the total of the base bid and all add alternates shall
make the bid non-responsive if the Owner selects alternates not included in the amount.
6) Make sure that the appropriate bid package and scope of work is inserted in the correct
space on the Bid Guaranty and Contract Performance and Payment Bond Form.
Failure to include work covered by the bid submitted may make the bid non-responsive.
9. BONDS AND GUARANTEES
A. Bid Guaranty: Bidder shall furnish a Bid Guaranty, as prescribed in Sections 153.54, 153.57, and
153.571 of the Ohio Revised Code, in the form of either: (1) a bond for the full amount of the bid
in the form of the Bid Guaranty and Contract Bond included in the Bid Documents; or (2) a
certified check, cashier's check, or irrevocable letter of credit in an amount equal to 10% of the
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bid. Bid amount shall be the total of all sums bid, including all add alternatives, but excluding all
deduct alternatives. NOTE: AIA Bid Bond forms are not acceptable.
B. Contract Performance and Payment Bond: The successful Bidder who, as a Bid Guaranty,
submits a certified check, cashier's check, or irrevocable letter of credit in an amount equal to 10%
of the bid, shall furnish a Contract Performance and Payment Bond in the form Contract
Performance and Payment Bond included in the Bid Documents in an amount equal to 100% of
the Contract Sum. NOTE: AIA Bond forms are not acceptable.
C. The bond must be issued by a surety company ("Surety") authorized by the Ohio Department of
Insurance to transact business in the State of Ohio and acceptable to the Owner. The bond must
be issued by a Surety capable of demonstrating a record of competent underwriting, efficient
management, adequate reserves, and sound investments. These criteria will be deemed to be
met if the Surety currently has an A.M. Best Company Policyholders Rating of "A-" or better and
has or exceeds the Best Financial Size Category of Class VI. Other sureties may be acceptable
to the Owner, in its sole discretion.
D. All bonds shall be signed by an authorized agent of an acceptable Surety and by the Bidder.
E. Bonds shall be supported by credentials showing the Power of Attorney of the agent, a certificate
showing the legal right of the Surety to do business in the State of Ohio, and a financial statement
of the Surety.
F. The Bid Guaranty, as applicable, shall be in the name of or payable to the order of the Owner.
G. The name and address of the Surety and the name and address of the Surety's Agent should be
typed or printed on each bond.
10. BIDDER'S EXAMINATION AND REPRESENTATION
A. Before submitting a Bid, each Bidder should carefully examine the Contract Documents and the
construction Site and inform itself of the limitations and conditions related to the Work covered by
the Bid and shall include in its Bid a sum to cover the cost of such items. Bidders awarded
contracts will not be given extra payments for conditions that could have been determined by
examining the Site and Contract Documents.
B. It is the purpose and intent of the Contract Documents that a complete job be accomplished. It
shall be each Bidder’s responsibility to include costs necessary to provide labor and materials for
that portion of the Work bid upon, including incidentals, whether or not specifically called for in the
Specifications and Drawings.
11. CLARIFICATION OF BIDDERS’ QUESTIONS
A. Questions for this Project shall be directed to the Engineer.
B. Each Bidder is responsible for calling to the attention of the Engineer any ambiguities,
inconsistencies, errors, or omissions which occur in the Contract Documents for its part of the
Work. If the Bidder fails to request clarification, the Bidder will be expected to overcome such
conditions without additions to the bid amount.
C. Prospective Bidders with questions as to the true meaning of any part of the Drawings,
Specifications, or other Contract Documents shall submit to the Engineer not less than ten (10)
days prior to the closing time for acceptance of bids, a written request for interpretation and
clarification.
D. Bidders are instructed to request interpretations and the issuance of addenda if the Contract
Documents call for materials, equipment, or methods that adversely affect the cost or quality of
the Project or are unavailable.
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12. METHOD OF AWARD
A. All Bids shall remain open for acceptance for sixty (60) days following the day of the Bid opening,
but the Owner may, in its sole discretion, release any Bid and return the Bid Guaranty prior to that
date. The Bid Guaranty shall be subject to forfeiture, as provided in the Ohio Revised Code, if a
Bid is withdrawn during the period the bids are being held.
B. The Owner reserves the right to reject any, part of any, or all Bids and to waive any informalities
and irregularities. The Bidder expressly acknowledges this right of the Owner to reject any or all
Bids, or to reject any incomplete or irregular Bid. The Owner will award a single contract for each
of the Bid Packages listed above or one or more combined contracts for combinations of the Bid
Packages. Bidders must furnish all information requested on or accompanying the Bid Form.
Failure to do so may result in disqualification of the Bid.
C. Determination of Lowest Responsible Bid. Subject to the right of the Owner to reject any or all
bids, the Owner will Award the Contract for the Work to the Bidder submitting the lowest
responsible bid, taking into consideration accepted alternates. The Owner, in its sole discretion,
will determine whether a bid or bidder is responsible. In evaluating Bids, the Owner shall consider
the qualifications of the bidders, whether or not the bids comply with the prescribed requirements,
and alternatives and unit prices, if requested, in the Bid Form. The Owner may also consider the
qualifications and experience of suppliers and distributors. The Owner may conduct such
investigations as are deemed necessary to establish the responsibility, qualifications and financial
ability of the Bidders, proposed distributors and other persons and organizations to do the work in
accordance with the Contract Documents to the Owner's satisfaction within the prescribed time.
The Owner reserves the right to reject the bid of any Bidder that does not pass any such
evaluation to the Owner’s satisfaction. The factors to be considered by the Owner in making its
determination as to whether a Bidder is a responsible bidder include the following as the Owner, in
its discretion, deems appropriate; the Owner may give such weight to each factor as it deems
appropriate:
1) The Bidder’s Work History. The Bidder should have a record of consistent customer
satisfaction and of consistent completion of projects, including projects which are
comparable to or larger and more complex than the Owner’s Project, on time and in
accordance with the applicable Contract Documents. If the Bidder’s management
operates or has operated another construction company, the Owner may consider the
work history of that company in determining responsibility of the Bidder.
The Owner will consider the Bidder’s prior experience on other projects of the Owner
and Engineer including the Bidder’s demonstrated ability to complete its work on these
projects in accordance with the Contract Documents and on time, and its ability to work
with the Owner and Engineer.
The Bidder authorizes the Owner and its representatives to contact the owners and
design professionals (and construction managers, if applicable) on projects on which
the Bidder has worked, and authorizes and requests such owners and design
professionals (and construction managers) to provide the Owner with a candid
evaluation of the bidder’s performance. By submitting its Bid, the Bidder agrees that if it
or any person, directly or indirectly, brings an action against any of such owners or
design professionals (or construction managers) or the employees of any of them as a
result of or related to such candidate evaluation and such action is not successful, the
Bidder will reimburse such owners, design professionals and construction managers,
and the employees of each of them, for all legal fees and expenses incurred by them
related to such legal action. This obligation is expressly intended for the benefit of such
owners, design professionals, and construction managers, and the employees of each
of them.
2) The Bidder’s financial ability to complete the Contract successfully and on time, without
resort to its Surety.
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3) The Bidder's prior experience with similar work on comparable or more complex
projects;
4) The Bidder's equipment and facilities;
5) The adequacy, in numbers and experience, of the Bidder's work force to complete the
Contract successfully and on time;
6) The Bidder’s compliance with federal, state, and local laws, and regulations, including
but not limited to the Occupational Safety and Health Act; and
7) The ability of the Subcontractors the Bidder intends to use on the Project to meet all
criteria in this Section.
8) The Bidder's participation in a drug-free workplace program acceptable to the Owner,
and the Bidder's record for both resolved and unresolved findings for recovery as
defined in Ohio Revised Code Section 9.24; and/or
9) Depending upon the type of the Work, other essential factors, as the Owner may
determine.
D. The apparent low bidder will provide the Engineer with such additional information as the Engineer
may request regarding the Bidder's responsibility. Additionally, upon request from the Engineer,
any other Bidder will provide the Engineer with such additional information as the Engineer may
request regarding the Bidder’s responsibility. A Bidder will submit any requested information
within three (3) business days of the date of the request.
E. The failure to submit requested information on a timely basis may result in the determination that
the Bidder is not responsible.
F. By submitting its Bid, the Bidder agrees that the Owner’s determination of responsibility shall be
final and conclusive, and that if the Bidder or any person challenges such determination in any
legal proceeding and such challenge is not successful, the Bidder will reimburse the Owner for all
legal fees and expenses incurred by the Owner that are related to such challenge, including the
cost of collection.
G. Within three (3) business days of the Owner’s receipt of the Bids or such longer time as may be
permitted in writing by the Engineer, the apparent low bidder will submit the following information:
1) A list of all proposed Subcontractors, suppliers, and manufacturers, including the
contract amount for each proposed Subcontractor, supplier, and manufacturer that will
provide either labor, material or a combination of labor and material in excess of
$20,000.00 for the project; and
2) Experience qualification statements for all proposed Subcontractors, suppliers, and
manufacturers that will provide either labor, material or a combination of labor and
material in excess of $20,000.00 for the project.
After approval by the Owner and Engineer of the list of proposed Subcontractors, suppliers, and
manufacturers submitted by the successful Bidder, the list shall not be changed unless written
approval of the change is authorized by the Owner and Engineer.
H. Affidavit as to Property Taxes. The successful Bidder will be required to submit, prior to the time
of the entry into the Contract for the Work, an affidavit in the form required by Section 5719.042,
Ohio Revised Code, regarding the status of the Bidder's personal property taxes. A copy of the
form of affidavit is included in the Contract Documents.
I.
No Bidder may withdraw its Bid within sixty (60) days after the date the Bids are opened.
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J.
The Owner reserves the right to disqualify Bids, before or after opening, upon evidence of
collusion with intent to defraud or other illegal practices on the part of the Bidder.
13. SUBSTITUTIONS/NON-SPECIFIED PRODUCTS
No substitutions will be considered or accepted prior receipt of the Bids. Upon execution of the
Agreement, substitutions will only be made in accordance with the General Conditions.
14. ALTERNATES
A. The Owner may request Bids on Alternates. If the Owner requests Bids on Alternates, the Bidder
should include the cost of the Alternates requested on its Bid Form.
B. At the time of awarding the Contract, the Owner will select or reject Alternates as it determines is
in its best interest. A Bidder's failure to include in its Bid Form the cost of an Alternate selected by
the Owner and applicable to the Bidder's work may render the bid non-responsive and be grounds
for the rejection of the Bid. Otherwise, the failure to include the cost of an Alternate will not be
deemed material. If a Bidder fails to include a cost of an alternate in its Bid Form, the bidders bid
amount for that alternate will be $0.00.
C. The Bidder acknowledges that although there is an estimate for the cost of the Project, the market
conditions may and frequently do result in the estimate being different from the sum of the Bids
received, either higher or lower. The Bidder understands that the Owner may include Alternates,
which may include deduct Alternates as well as add Alternates, to give it the flexibility in building
the Project with the funds that are available. The Bidder further understands and acknowledges
that use of add and deduct Alternates is a long held customary practice in the construction
industry in the State of Ohio. The Bidder also acknowledges that the Owner will not make a
decision about the Alternates on which to base the award of contracts until the bids are received,
and the Owner can compare its available funds with the Base Bids and the cost or savings from
selecting different Alternates. The Bidder understands that the award to the lowest responsible
Bidder will be based on the lowest Base Bid plus selected Alternates, and may result in an award
to a Bidder other than the Bidder that submitted the lowest Base Bid.
D. If, during the progress of the Work, the Owner desires to reinstate any alternate not included in the
contract, the Owner reserves the right to reinstate the alternate at the price bid by the contractor
provided that such action is taken in sufficient time so as not to delay the progress of the work or
cause the contractor additional expense.
15. UNIT PRICES
Where unit prices are requested in the Bid Form for a Prime Contract on which the Bidder submits a Bid,
the Bidder shall quote a unit price. Unless otherwise expressly provided in the Contract Documents, such
unit prices shall include all labor, materials and services necessary for the timely and proper installation of
the item for which the unit prices are requested. The unit prices quoted in the Bid shall be the basis for any
Change Orders entered into under the Owner-Contractor Agreement, unless the Engineer determines that
the use of such unit prices will cause substantial inequity to either the Contractor or the Owner.
16. ADDENDA
A. The Owner reserves the right to issue Addenda changing, altering, or supplementing Contract
Documents prior to the time set for receiving bids. The Engineer will issue the Addenda to clarify
Bidders’ questions, to change, alter, or supplement the Contract Documents.
B. Any explanation, interpretation, correction or modification of the Contract Documents will be
issued in writing in the form of an Addendum, which shall be the only means considered binding.
Explanations or interpretations made by any other means shall NOT be legally binding. All
Addenda shall become a part of the Contract Documents.
C. Bidders must submit questions to the Engineer in sufficient time in advance of the Bid opening to
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allow the Engineer to respond. All Addenda will be issued, except as hereinafter provided, and
mailed or otherwise issued to persons who have obtained Contract Documents for the Project, at
least seventy-two (72) hours prior to the published time for the opening of bids, excluding
Saturdays, Sundays and legal holidays. If any Addendum is issued within such seventy-two (72)
hour period, then the time for opening of Bids shall be extended one (1) week with no further
advertising of bids required.
D. Copies of each Addendum will be sent only to the Contractors to whom Contract Documents have
been issued. Receipt of Addenda shall be indicated by Bidders in the space provided on the Bid
Form. Bidders are responsible for acquiring issued Addenda in time to incorporate them into their
Bid. Bidders should contact the Engineer prior to the Bid opening to verify the number of Addenda
issued.
E. If a Bidder fails to indicate receipt of all Addenda issued by the Engineer on its Bid Form, the Bid
of such Bidder will be deemed to be responsive only if:
1) The Bid received clearly indicates that the Bidder received the Addendum, such as
where the Addendum added another item to be bid upon and the Bidder submitted a bid
on that item; or
2) The Addendum involves only a matter of form or is one that has either no effect or
merely a trivial or negligible effect on price, quantity, quality, or delivery of the item bid
upon.
17. INTERPRETATION
A. If a Contractor contemplating submitting a Bid for the proposed project is in doubt as to the true
meaning of any part of the Specifications or Contract Documents, it may submit a written request
for an interpretation thereof to the Engineer at the numbers listed on the first page of these
Instructions to Bidders. Any interpretation of the Contract Documents will be made by Addendum
only, duly signed, and a copy of such Addendum will be mailed or delivered to each person
receiving a set of Contract Documents. The Owner will not be responsible for any other
explanation or interpretation of the proposed documents.
B. In interpreting the Contract Documents, words describing materials that have a well-known
technical or trade meaning, unless otherwise specifically defined in the Contract Documents, shall
be construed in accordance with the well-known meaning recognized by the trade.
C. Bidders are responsible for notifying the Engineer in a timely manner of any ambiguities,
inconsistencies, errors or omissions in the Contract Documents. The Bidder shall not, at any time
after the execution of the Contract, be compensated for a claim alleging insufficient data,
incomplete Contract Documents, or incorrectly assumed conditions regarding the nature or
character of the Work, if no request for interpretation was made by the Bidder prior to the bid
opening.
18. TAX STATUS
The Owner is a political subdivision of the State of Ohio and is exempt from taxation under the Ohio Sales
Tax and Use Tax Laws. Building materials that the successful Bidder purchases for incorporation into the
Project will be exempt from state sales and use taxes if the successful Bidder provides a properly
completed sales tax exemption certificate, executed by the successful Bidder and the Owner, to the
vendors or suppliers when the materials are acquired. The Owner will execute properly completed
certificates on request.
19. DATE FOR COMPLETION/LIQUIDATED DAMAGES
A. Milestone Completion. To the extent the Contract Documents include Milestone Completion
Dates, each successful Bidder shall have its required Work completed by the respective Milestone
Completion Date(s) (if any) set forth in the Contract Documents. The work required to be
iii-8
completed by the Milestone Completion Date(s) is defined in the Contract Documents. By
submitting a Bid for the Work, the Bidder agrees that the periods for performing the Work are
reasonable, and that the Bidder can complete the required Work by the applicable Milestone
Completion Date(s).
If the successful Bidder does not have its Work on the Project completed by the Milestone
Completion Date(s) (if any) for its portion of the Work as established in the Contract Documents,
the Owner shall be entitled to retain or recover from the successful Bidder, as Liquidated
Damages, and not as a penalty in compliance with Ohio Revised Code Section 153.19, the
amounts set forth in the Contract Documents for each and every calendar day beyond the
Milestone Completion Date(s) as extended in accordance with the Contract Documents. The
Owner’s right to recover Liquidated Damages shall not substitute for any right of recovery for
additional costs incurred should the successful Bidder fail to complete the Contract according to
the Contract Documents. Liquidated Damages are necessary in that it is impossible to precisely
calculate the monetary loss to the Owner as the result of any delay in implementation
B. not used
C. Substantial Completion. Each successful Bidder shall have its work substantially completed by
the respective Date for Substantial Completion set forth in the Contract Documents. The Project
Time Schedule will be finalized after award of the contracts for the Work, as described in the
Contract Documents, and is subject to review and acceptance by the Owner and Engineer. The
term Substantial Completion is defined in the Contract Documents. For purposes of the Contract
Documents applicable to the Contractor, the term Substantial Completion shall refer to the date of
completion for the Contractor’s portion of the Work as established in the Project Time Schedule.
By submitting a Bid for the Work, the Bidder agrees that the periods for performing the Work are
reasonable, and that the Bidder’s Work can be substantially complete by its applicable date for
Substantial Completion.
If the successful Bidder does not have its Work on the Project completed by the Date for Final
Completion for its portion of the Work as established in the Contract Documents, the Owner shall
be entitled to retain or recover from the successful Bidder, as Liquidated Damages, and not as a
penalty in compliance with Ohio Revised Code Section 153.19, the amounts set forth in the
Contract Documents for each and every calendar day beyond the date of Final Completion as
extended in accordance with the Contract Documents. The Owner’s right to recover Liquidated
Damages shall not substitute for any right of recovery for additional costs incurred should the
successful Bidder fail to complete the Contract according to the Contract Documents. Liquidated
Damages are necessary in that it is impossible to precisely calculate the monetary loss to the
Owner as the result of any delay in implementation.
D. Final Completion. Each successful Bidder shall have its work fully completed by the Dates for
Final Completion set forth in the Contract Documents. By submitting a Bid for the Work, the
Bidder agrees that the periods for performing the Work are reasonable, and that the Bidder’s Work
can be fully completed by the date for Final Completion.
If the successful Bidder does not have its Work on the Project completed by the Date for Final
Completion for its portion of the Work as established in the Contract Documents, the Owner shall
be entitled to retain or recover from the successful Bidder, as Liquidated Damages, and not as a
penalty in compliance with Ohio Revised Code Section 153.19, the amounts set forth in the
Contract Documents for each and every calendar day beyond the date of Final Completion as
extended in accordance with the Contract Documents. The Owner’s right to recover Liquidated
Damages shall not substitute for any right of recovery for additional costs incurred should the
successful Bidder fail to complete the Contract according to the Contract Documents. Liquidated
Damages are necessary in that it is impossible to precisely calculate the monetary loss to the
Owner as the result of any delay in implementation.
E. The Bidder acknowledges by submitting its Bid and entering into a contract with the Owner that
such amounts of Liquidated Damages represent a reasonable estimate of the actual damages that
iii-9
the Owner would incur if the work were not completed by the foregoing dates. These Liquidated
Damages are damages for loss of use of the Project, and the successful Bidder in addition to the
Liquidated Damages will be obligated to indemnify and hold the Owner harmless from any claims,
and if the Work on the Project is accelerated because of delay, for all costs related to the
acceleration of the Work, as provided in the Contract Documents.
20. PREVAILING WAGE
The Bidder to whom the Contract is awarded shall be required to pay, as a minimum, the prevailing wage
rates promulgated by the State. Applicable wage rates are included in Section 6.0.
21. OWNER’S RIGHT TO WAIVE DEFECTS AND IRREGULARITIES
A. The Owner reserves the right to waive any and all irregularities provided that the defects and
irregularities do not affect the amount of the Bid in any material respect or otherwise give the
Bidder a competitive advantage.
B. By submitting its Bid, the Bidder agrees that (i) the Owner’s determination of whether a defect or
irregularity affects the amount of the Bid in any material respect or otherwise gives the Bidder a
competitive advantage will be final and conclusive; and (ii) the Bidder will pay the Owner’s
attorneys and consultants’ fees related to any challenge to the bid procedure or process, brought
directly or indirectly by the Bidder and/or any of its affiliates, which is unsuccessful.
22. EXECUTION OF THE CONTRACT
Within seven (7) calendar days of the Award of the Contract, or such other time designated by the
Engineer, the successful Bidder shall execute and deliver to the Engineer the required number of the
following documents:
A. The Owner-Contractor Agreement Form;
B. Contract Performance and Payment Bond, if the Bidder did not submit a Bid Guaranty and
Contract Performance and Payment Bond with its bid;
C. Insurance Certificates;
D. Valid Workers’ Compensation Certificate
E. Stormwater Pollution Prevention Program; and
F. Any other documents identified in the Contract Documents for submission with the signed
agreement.
The failure of the successful bidder to execute and deliver the required documents shall constitute a
default that entitles the Owner to the Bidder's bid guaranty, as provided in the Ohio Revised Code.
23. MODIFICATION/WITHDRAWAL OF BIDS
A. Modification. A Bidder may modify its Bid by written communication to the Owner addressed to
the Owner, attention of the Safety Services Coordinator, at the Owner's address at any time prior
to the scheduled closing time for receipt of Bids, provided such written communication is received
by the Safety Services Coordinator prior to the Bid deadline. The written communication shall not
reveal the Bid price, but should provide the addition or subtraction or other modification so that the
final prices or terms will not be known until the sealed Bid is opened. If the Bidder's written
instructions with the change in Bid reveal the Bid amount in any way prior to the Bid opening, the
Bid may be rejected as non-responsive.
B. Withdrawal Prior to Bid Deadline. A Bidder may withdraw its Bid at any time for any reason prior
to the Bid deadline established in the Notice to Bidders. The request to withdraw shall be made in
iii-10
writing and submitted to the Owner, attention of the Safety Services Coordinator, at the Owner's
address. The request for withdrawal must be received by the Safety Services Coordinator prior to
the time of the Bid opening.
C. Withdrawal After Bid Deadline.
1) All Bids shall remain valid and open for acceptance for a period of at least 60 days after
the Bid opening; provided, however, that a Bidder may request withdrawal its Bid from
consideration after the Bid deadline when all of the following apply:
a) the price of the Bid was substantially lower than the other Bids;
b) the reason for the Bid being substantially lower was a clerical mistake, rather than
a mistake in judgment, and was due to an unintentional and substantial error in
arithmetic or an unintentional omission of a substantial quantity of work, labor, or
material;
c) the Bid was submitted in good faith;
d) the Bidder provides written notice to the Owner, to the attention of the Safety
Services Coordinator, within two (2) business days after the Bid opening for which
the right to withdraw is claimed.
2) No Bid may be withdrawn under this provision if the result would be the awarding of the
contract on another Bid for the Bid Package from which the Bidder is withdrawing its Bid
to the same Bidder.
3) If a Bid is withdrawn under this provision, the Owner may award the Contract to another
Bidder determined by the Owner to be the lowest responsible Bidder or the Owner may
reject all Bids and advertise for other Bids. In the event the Owner advertises for other
Bids, the withdrawing Bidder shall pay the costs incurred in connection with the
rebidding by the Owner, including the cost of printing new Contract Documents,
required advertising, and printing and mailing notices to prospective bidders, if the
Owner finds that such costs would not have been incurred but for such withdrawal.
24. EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION
A. Minority, female, and disadvantaged businesses will be afforded full opportunity to submit Bids,
and Bidders will not be discriminated against on the grounds of race, color, religion, sex, age,
handicap, ancestry, or national origin in the consideration of an award. The successful Bidder(s)
shall follow the EEO/nondiscrimination requirements, as applicable to the Project, that are
contained in the Owner-Contractor Agreement.
END OF SECTION
iii-11
THIS PAGE LEFT INTENTIONALLY BLANK
iii-12
1.0 BID PROPOSAL
PAGE LEFT INTENTIONALLY BLANK
Nutrient Reduction Project (Buck11-04M)
BL SWIF
BID FORM
1.01
BID SUBMITTED BY:
(Contractor)
DATED:
1.02
, 20__
DELIVER TO:
Village of Buckeye Lake, Ohio
5192 Walnut Road SE
Buckeye Lake, Ohio 43008
1.03
Having reviewed the Contract Documents for the Project entitled:
Village of Buckeye Lake – Nutrient Reduction Project (Buck11-04M)
for the Village of Buckeye Lake, Licking County, Ohio, and having also received, read and taken into
account the following Addenda:
Addendum No. ______, dated ____________________________;
and likewise having inspected the Site and the conditions affecting and governing the Project and
confirmed the location of the site utilities and all existing structures, the undersigned hereby proposes to
furnish all materials and to perform all labor, as specified and described in the said Contract Documents
for all work necessary to complete the Project on a timely basis and in accordance with the Contract
Documents regardless of whether expressly provided for in such Specifications and Drawings.
1.04
Before completing the Bid Form, the undersigned represents that it has carefully reviewed the Contract
Documents, including but not limited to the Notice to Bidders, Instructions to Bidders, Bid Form, Form of
Bid Guaranty and Contract Performance and Payment Bond, Contractor’s Affidavit (ORC 5719.042),
Owner-Contractor Agreement, General Conditions of the Contract (EJCDC C-700, 2002 edition) (as
modified), Special Conditions (if any), Project Specifications, and the Schedule. Failure to comply with
provisions of the Contract Documents may be cause for disqualification of the Bid.
1.05
BONDS AND CONTRACT:
If the undersigned is notified of Bid acceptance, it agrees to furnish required bonds as indicated in
Instructions to Bidders.
1.06
COMPLETION OF WORK:
In submitting a Bid, the undersigned agrees to execute the Owner-Contractor Agreement in the form
included in the Contract Documents and to complete its work as required by the Contract Documents.
Bid Form
1.1
BL SWIF
NOTE A:
The wording of the Bid Form shall be used throughout, without change, alteration, or addition.
Any change may cause it to be rejected.
NOTE B:
Bidder is cautioned to bid only on the “Brands” specified.
2.01
BID:
All labor and material for the contracts listed below. Bidder is to fill in all blanks related to the Bid
Package for which a Bid is being submitted. If no Bid is submitted for an item, then insert "NO BID" in the
blank.
Note that the current 2013 ODOT Construction & Material Specifications and City of Columbus
Construction and Material Specifications shall apply to this project.
Bid Form
1.2
614
624
642
832
8
9
10
11
EROSION CONTROL
PARKING STALL MARKER LINE
MOBILIZATION
MAINTENANCE OF TRAFFIC
8" CONDUIT, TYPE B
Submitted By:
14
SPECIAL PLANTS
611
7
CATCH BASIN 2-2B
16
611
6
EXCAVATION
SPECIAL SITE PREPARATION; GRAVEL, SOIL, ETC.
204
5
CATCH BASIN REMOVED
15
202
4
PIPE REMOVED, 24" AND UNDER
SPECIAL 6" PERVIOUS CONCRETE PAVEMENT
SUNTREE TECH: GRATE INLET SKIMMER BOX, OR
SPECIAL APPROVED EQUAL
202
3
PAVEMENT REMOVED, ASPHALT
13
202
2
PREMIUM FOR CONTRACT PERFORMANCE BOND
AND FOR PAYMENT BOND
SPECIAL 12" #57 CRUSHED LIMESTONE AGGREGATE BASE
103
1
Description
12
Item
Line
No.
1
440
440
2
189
63
1
160
1
1
22
2
128
2
22
238
Total
SQ FT
SQ FT
EACH
SQ YD
CU YD
LUMP
FT
LUMP
LUMP
FT
EACH
CU YD
EACH
FT
SQ YD
LUMP
Unit
BASE BID
Labor
Total
TOTAL BASE BID
Materials
Unit Price
Extended Price
BL SWIF
Bid Form
1.4
3.01
4.01
BL SWIF
INSTRUCTIONS FOR SIGNING
A.
The person signing for a sole proprietorship must be the sole proprietor or his authorized
representative. The name of the sole proprietor must be shown below.
B.
The person signing for a partnership must be a partner or his authorized representative.
C.
The person signing for a corporation must be the president, vice president or other authorized
representative; or he must show authority, by affidavit, to bind the corporation.
D.
The person signing for some other legal entity must show his authority, by affidavit, to bind the
legal entity.
BIDDER CERTIFICATIONS. The Bidder hereby acknowledges that the following representations in this
Bid are material and not mere recitals:
1. The Bidder has read and understands the Contract Documents and agrees to comply with all
requirements of the Contract Documents, regardless of whether the Bidder has actual knowledge of
the requirements and regardless of any statement or omission made by the Bidder which might
indicate a contrary intention.
2. The Bidder represents that the Bid contains the name of every person interested therein and is based
upon the Standards specified by the Contract Documents.
3. The Bidder has visited the Project Site, become familiar with local conditions and has correlated
personal observations about the requirements of the Contract Documents. The Bidder has no
outstanding questions regarding the interpretation or clarification of the Contract Documents.
4. The Bidder and each person signing on behalf of the Bidder certifies, and in the case of a Bid by joint
venture, each member thereof certifies as to such member's entity, under penalty of perjury, that to
the best of the undersigned's knowledge and belief: (a) the Base Bid, any Unit Prices and any
Alternate bid in the Bid have been arrived at independently without collusion, consultation,
communication or agreement, or for the purpose of restricting competition as to any matter relating to
such Base Bid, Unit Prices or Alternate bid with any other Bidder; (b) unless otherwise required by
law, the Base Bid, any Unit Prices and any Alternate bid in the bid have not been knowingly disclosed
by the Bidder and will not knowingly be disclosed by the Bidder prior to the Bid opening, directly or
indirectly, to any other Bidder who would have any interest in the Base Bid, Unit Prices or Alternate
bid; (c) no attempt has been made or will be made by the Bidder to induce any other Person to submit
or not to submit a bid for the purpose of restricting competition; and (d) the statements made in the
Bidder's Affidavit’s included in the Contract Documents are true and correct, to the best of the
Bidder's knowledge and information.
5. The Bidder will execute the form of Owner-Contractor Agreement in the form included with the
Contract Documents, if a Contract is awarded on the basis of this Bid, and if the Bidder does not
execute the Agreement for any reason, other than as authorized by law, the Bidder and the Bidder's
Surety are liable to the Owner as provided in the Instructions to Bidders.
6. The Bidder certifies that the upon the award of a Contract, the Contractor will make a good faith effort
to ensure that all of the Contractor's employees, while working on the Project site, will not purchase,
transfer, use or possess illegal drugs or alcohol or abuse prescription drugs in any way.
7. The Bidder agrees to furnish any information requested by the Engineer or the Owner's authorized
representative to evaluate that the Bidder is responsible and that the Bid is responsive to the
specifications.
8. The Bidder agrees to furnish the submittals required by the Instructions to Bidders for execution of the
Owner/Contractor Agreement within seven (7) calendar days of the date of the Notice of Award.
Bid Form
1.7
BL SWIF
9. The Bidder certifies that it has no unresolved findings for recovery issued by the Auditor of State.
NOTE: The Bidder should review the Contract Documents and the Site and conditions under which the Work will
be performed so that he can give the acknowledgments contained above.
LEGAL NAME OF BIDDER:
BIDDER IS:
(sole proprietor, partnership, corporation or other legal entity)
NAME & TITLE OF PERSON LEGALLY AUTHORIZED TO BIND BIDDER TO A CONTRACT:
____________________________________________________________________________
Name
Title
SIGNATURE: ________________________________
ADDRESS:
________________________________
________________________________
TELEPHONE: ________________________________
FAX:
________________________________
FEDERAL
TAX I.D. #
________________________________
DATE SIGNED ________________________________
When the Bidder is a partnership or a joint venture, state name and address of each partner in the partnership or
participant in the joint venture below:
_____________________________________
________________________________
_____________________________________
Name
________________________________
________________________________
Address
_____________________________________
________________________________
_____________________________________
Name
________________________________
________________________________
Address
_____________________________________
________________________________
_____________________________________
Name
________________________________
________________________________
Address
_____________________________________
________________________________
_____________________________________
Name
________________________________
________________________________
Address
END OF SECTION
Bid Form
1.8
BL SWIF
BID GUARANTY AND
CONTRACT PERFORMANCE AND PAYMENT BOND
(O.R.C. § 153.571)
KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned
("Contractor") as principal and
as sureties are hereby held and firmly
bound unto the Village of Buckeye Lake, Licking County, Ohio, as obligee in the penal sum of the dollar amount of
the bid submitted by the principal to the obligee on
, 20__, to undertake
[INSERT BID PACKAGE NUMBER AND DESCRIPTION] in connection
with the construction of the VILLAGE OF BUCKEYE LAKE – NUTRIENT REDUCTION PROJECT (Buck1104M).
The penal sum referred to herein shall be the dollar amount of the principal's bid to the obligee,
incorporating any additive or deductive Alternates made by the principal on the date referred to above to the
obligee, which are accepted by the obligee. In no case shall the penal sum exceed the amount of
Dollars ($
). (If the foregoing blank is not filled in, the penal sum will be the full amount of the principal's bid,
including add Alternates. Alternatively, if the blank is filled in the amount stated must not be less than the full
amount of the bid including add Alternates, in dollars and cents. A percentage is not acceptable.) For the
payment of the penal sum well and truly to be made, we hereby jointly and severally bind ourselves, our heirs,
executors, administrators, successors, and assigns.
Signed this _____ day of ________________, 20__.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH that whereas the above named principal has
submitted a bid for work on the Project.
Now, therefore, if the obligee accepts the bid of the principal and the principal fails to enter into a proper
contract in accordance with the bid, plans, details, specifications, and bills of material; and in the event the
principal pays to the obligee the difference not to exceed ten percent (10%) of the penalty hereof between the
amount specified in the bid and such larger amount for which the obligee may in good faith contract with the next
lowest bidder to perform the work covered by the bid; or in the event the obligee does not award the contract to
the next lowest bidder and resubmits the project for bidding, the principal pays to the obligee the difference not to
exceed ten percent (10%) of the penalty hereof between the amount specified in the bid, or the costs, in
connection with the resubmission, of printing new contract documents, required advertising, and printing and
mailing notices to prospective bidders, whichever is less, then this obligation shall be null and void, otherwise to
remain in full force and effect; if the obligee accepts the bid of the principal and the principal within ten (10) days
after the awarding of the contract enters into a proper contract in accordance with the bid, plans, details,
specifications, and bills of material, which said contract is made a part of this bond the same as though set forth
herein.
Now also, if the said principal shall well and faithfully do and perform the things agreed by said principal
to be done and performed according to the terms of said contract; and shall pay all lawful claims of
subcontractors, materialmen, and laborers, for labor performed and materials furnished in the carrying forward,
performing, or completing of said contract; we agreeing and assenting that this undertaking shall be for the benefit
of any materialman or laborer having a just claim, as well as for the obligee herein; then this obligation shall be
void; otherwise the same shall remain in full force and effect; and surety shall indemnify the obligee against all
damage suffered by failure of the principal to perform the contract according to its provisions and in accordance
with the plans, details, specifications, and bills of material therefor and to pay all lawful claims of subcontractors,
materialmen, and laborers for labor performed or material furnished in carrying forward, performing, or completing
Bid Guaranty and Contract Performance and Payment Bond
1.9
BL SWIF
the contract and surety further agrees and assents that this undertaking is for the benefit of any subcontractor,
material man, or laborer having a just claim, as well as for the obligee; it being expressly understood and agreed
that the liability of the surety for any and all claims hereunder shall in no event exceed the penal amount of this
obligation as herein stated.
The said surety hereby stipulates and agrees that no modifications, omissions, or additions in or to the
terms of the said contract or in or to the plans or specifications therefore shall in any wise affect the obligations of
said surety on its bond. The said surety further stipulates that it is authorized to execute bonds in the State of
Ohio and that the liability incurred is within the limits of Section 3929.02 of the Ohio Revised Code.
Signed and sealed this _____ day of ___________________, 20__.
(PRINCIPAL) (Seal)
By:
Printed Name & Title:
(SURETY) (Seal)
By:
NAME OF SURETY'S AGENT
Surety's Agent's Address:
Surety's Agent's Telephone Number:
Surety's Agent's Fax Number:
Bid Guaranty and Contract Performance and Payment Bond
1.10
BL SWIF
NON-COLLUSION AFFIDAVIT
State of Ohio
County of
)
) SS
)
Bid Identification
Contractor,
, being first duly sworn, deposes and says that
he is
of
(sole owner, a partner, president, secretary, etc.)
the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed
person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive
or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or
sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone
else to put in a sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner, directly
or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of said bidder or
of any other bidder, or to fix any overhead, profit, or cost element of such bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract or anyone interested in the proposed
contract; that all statements contained in such bid are true; and, further that said bidder has not, directly or
indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or
data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership,
company, association, organization, bid depository, or to any member or agent thereof, or to any other individual
except to such person or persons as have a partnership or other financial interest with said bidder in his general
business.
SIGNED
TITLE
Subscribed and sworn to before me this
day of
, 20__.
(SEAL)
Notary Public
Non-Collusion Affidavit
1391603v1
1.11
BL SWIF
Non-Collusion Affidavit
1391603v1
1.12
BL SWIF
NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY AFFIDAVIT
(THIS AFFIDAVIT IS PART OF THE BID)
STATE OF
SS
COUNTY OF
being first duly sworn, deposes and says that
he is
of
the part who
(Title)
(Company)
made the foregoing proposal; that such party as bidder does not and shall not discriminate against any employee
or applicant for employment because of race, creed, color, sex, age, religion, handicap, familial status or national
origin. If awarded the bid and contract under this proposal, said party shall take affirmative action to insure that
applicants are employed and that employees are treated, during employment, without origin. If successful as the
lowest and best bidder under the foregoing proposal, this party shall post non-discrimination notices in
conspicuous places available to employees and applicants for employment setting forth the provisions of this
affidavit.
Further more, said party agrees to abide by the assurance found in Section 153.54 of the Ohio Revised
Code in the Contract Provisions with the Owner if selected as the successful bidder by the Owner.
Signature
Affiant
Company/Corporation
Address
City/State/Zip Code
Sworn to and subscribed before me this
day of
, 20_ .
(Seal)
Notary Public
Minority and Women’s Business Participation Policy
1.13
BL SWIF
Minority and Women’s Business Participation Policy
1.14
2.0 AGREEMENT
BL SWIF
OWNER-CONTRACTOR AGREEMENT
OWNER:
Village of Buckeye Lake, Ohio
5192 Walnut Road SE
Phone: (740) 928-7100
Contract:
Alternates:
Contractor:
Address:
PROJECT:
VILLAGE OF BUCKEYE LAKE
NUTRIENT REDUCTION PROJECT
(Buck11-04M)
Fax:
Date:
This document is an agreement between the Owner and the Contractor for the Work described in the Contract
Documents related to the Contract identified above for the Project and is entered into as of the date set forth
above ("Agreement").
The Owner and the Contractor agree as set forth in the following paragraphs:
1.
CONTRACT DOCUMENTS. The Contract Documents consist of the following documents:
A.
Notice to Bidders;
B.
Instructions to Bidders;
C.
Bid Form;
D.
Owner-Contractor Agreement;
E.
General Conditions of the Contract for Construction (EJCDC C-700, 2002 edition), as modified;
F.
Drawings;
G.
Specifications;
H.
Addenda issued;
I.
Contractor’s Non-Collusion Affidavit;
J.
Contractor’s Qualifications Statement;
K.
Contractor’s Personal Property Tax Affidavit (R.C. 5719.042);
L.
Contractor’s Non-Discrimination and Equal Employment Opportunity Affidavit;
M.
Minority and Women’s Business Participation Policy, Data Sheets I, II and III;
N.
Contractor’s Payment Application Checklist;
O.
Statement of Claim Form;
P.
Modifications issued after the execution of the contract, including:
i.
A written amendment to the Agreement signed by both parties;
ii.
A Change Order; or,
iii.
A Work Change Directive.
2.
ENGINEER RELATIONSHIP. The Contract Documents shall not be construed to create a contractual
relationship of any kind between the Engineer and the Contractor or any Subcontractor or Material Supplier to the
Project. The Engineer, however, shall be entitled to performance of the obligations of the Contractor intended for
their benefit and to enforcement of such obligations, but nothing contained herein shall be deemed to give the
Contractor or any third party any claim or right of action against the Engineer which does not otherwise exist
without regard to this Contract. The Contractor and its Subcontractors shall not be deemed to be beneficiaries of
any of the acts or services of the Engineer, which are performed for the sole benefit of the Owner. The Contractor
shall forward all communications to the Owner through the Engineer and hereby acknowledges and agrees that
any instructions, reviews, advice, approvals, orders or directives that are rendered to it by the Engineer are
Owner – Contractor Agreement
2.1
BL SWIF
specifically authorized and directed by the Owner to the Contractor through the Engineer acting on behalf of the
Owner.
2.1
3.
The Engineer is:
Jobes Henderson & Associates, 59 Grant Street, Newark, OH 43055
P 740-344-5451
F 740-344-5746
TIME FOR COMPLETION AND PROJECT COORDINATION.
3.1
DATE FOR COMMENCEMENT. The date for commencement of the Work shall be the date
established in the written Notice to Proceed issued by the Owner to the Contractor.
3.2
MILESTONE COMPLETION DATES. The Milestone Completion Dates for the Project are as
follows:
Milestone Date No. 1: Substantial Completion – November 1, 2014.
3.3
DATE FOR SUBSTANTIAL COMPLETION. The Date for Substantial Completion of the Project is
November 1, 2014
3.4
DATE FOR FINAL COMPLETION. The Date for Final Completion of the Project is
November 14, 2014.
3.5
LIQUIDATED DAMAGES. If the Contractor does not have its Work on the Project complete by
the Contractor's Milestone Date(s) (if any), Date for Substantial Completion or Date for Final Completion for its
portion of the Project, the Contractor shall pay the Owner (and the Owner may set off from sums coming due the
Contractor) liquidated damages in the per diem amounts as set forth below:
3.5.1
Milestone Dates.
3.5.1.1 For each calendar day for which Contractor has not yet completed its Work required for each
Milestone (if any), Owner may without Change Order, deduct the sum specified herein from
any amount due the Contractor, not as a penalty, but as liquidated damages. The Owner and
Contractor agree that in the event of such delay in reaching the Milestone Date(s), Owner
may incur damages that are difficult to calculate and the liquidated damages provided for
herein are reasonable.
3.5.1.2 Schedule of Liquidated Damages for Milestones.
Original Contract Amount (Total Amount of the Bid)
From More Than
To and Including
$1.00
$50,000.01
$150,000.01
$500,000.01
$2,000,000.01
$5,000,000.01
3.5.2
$50,000.00
$150,000.00
$500,000.00
$2,000,000.00
$5,000,000.00
$10,000,000.00
Amount of Liquidated Damages to
be deducted for each Calendar Day
of Overrun in Time
$150.00
$250.00
$500.00
$1,000.00
$2,000.00
$2,500.00
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3.5.2.1 For each calendar day for which Contractor has not yet achieved Substantial Completion,
Owner may without Change Order, deduct the sum specified herein from any amount due the
Contractor, not as a penalty, but as liquidated damages. The Owner and Contractor agree
that in the event of such delay in reaching Substantial Completion, Owner may incur
damages that are difficult to calculate and the liquidated damages provided for herein are
reasonable.
3.5.2.2 Schedule of Liquidated Damages for Substantial Completion.
From More Than
To and Including
$1.00
$50,000.01
$150,000.01
$500,000.01
$2,000,000.01
$5,000,000.01
3.5.3
$50,000.00
$150,000.00
$500,000.00
$2,000,000.00
$5,000,000.00
$10,000,000.00
of Overrun in Time
$150.00
$250.00
$500.00
$1,000.00
$2,000.00
$2,500.00
Final Completion.
3.5.3.1 For each calendar day for which Contractor has not yet achieved Final Completion, Owner
may without Change Order, deduct the sum specified herein from any amount due the
Contractor, not as a penalty, but as liquidated damages. The Owner and Contractor agree
that in the event of such delay in reaching Final Completion, Owner may incur damages that
are difficult to calculate and the liquidated damages provided for herein are reasonable.
3.5.3.2 Schedule of Liquidated Damages for Final Completion.
From More Than
To and Including
$1.00
$50,000.01
$150,000.01
$500,000.01
$2,000,000.01
$5,000,000.01
$50,000.00
$150,000.00
$500,000.00
$2,000,000.00
$5,000,000.00
$10,000,000.00
of Overrun in Time
$150.00
$250.00
$500.00
$1,000.00
$2,000.00
$2,500.00
In addition to the Owner's right to Liquidated Damages, the Contractor shall indemnify, defend, and hold
the Owner and its employees harmless from any delay, acceleration, loss of productivity, or other claims relating
to or resulting from delays caused by the Contractor and from all costs and expenses incurred as a result of such
claims, including but not limited to attorneys' and consultants' fees. Permitting Contractor to continue and
complete the Work or any part thereof after any specified Contract Time will in no way operate as a waiver of any
right of the Owner under this Agreement.
3.6
PROGRESS SCHEDULE. The Progress Schedule shall be developed as provided in the
Contract Documents. The Contractor's obligation to furnish requested scheduling information is a material term of
its Contract, the breach of which may be justification for withholding payment otherwise due the Contractor.
Inclusion of the proper staffing levels in the Progress Schedule shall not constitute approval of such staffing
levels. The Contractor shall continuously monitor the Progress Schedule so as to be familiar with the timing,
phasing, and sequence of operations of the Work and of other Work on the Project and shall execute the Work in
accordance with the requirements of the Progress Schedule, including any revisions thereto.
4.
CONTRACT SUM. The lump sum Contract Sum to be paid by the Owner to the Contractor, as provided
herein, for the satisfactory performance and completion of the Work and all of the duties, obligations and
responsibilities of the Contractor under this Agreement and the other Contract Documents will be
2.3
BL SWIF
Dollars ($____________),
subject to additions and deductions as provided in the Contract Documents. The Contract Sum includes all
federal, state, county, municipal, and other taxes imposed by law, including but not limited to any sales, use, and
personal property taxes payable by or levied against the Contractor on account of the Work or the materials
incorporated into the Work. The Contractor will pay any such taxes. The Contract Sum includes the following:
Base Bid Amount:
$
Alternate No. ___
$
Alternate No. ___
$
Alternate No. ___
$
Alternate No. ___
$
Without prejudice to any of the Owner’s rights and remedies under the Contract Documents, if the Contractor fails
to submit payment applications and any required documentation, and the Owner has provided written notice of
such failure, but the Contractor has not responded, then, not less than ninety (90) days after the written notice to
the Contractor to do so has been provided to the Contractor, the balance of the Contract Sum shall remain and
become the sole possession of the Owner.
5.
RETAINAGE. Retainage applicable to the Contract by Ohio Revised Code Sections 153.12, .13, and .14
will be withheld as defined in the General Conditions.
6.
LIMITATION ON LIABILITY. The Owner's total liability under this Agreement will be limited to the
amount set forth in the Auditor's certificate accompanying this Agreement. Under no circumstances will the
elected officials, officers, employees, board members, or agents of the Owner be personally liable for any
obligations or claims arising out of or related to this Agreement.
7.
GENERAL.
7.1
MODIFICATION. No modification or waiver of any of the terms of this Agreement or of any other
Contract Documents will be effective against a party unless set forth in writing and signed by or on behalf of a
party, which in the case of the Owner will require the signature of the Owner or the individual authorized by the
Owner to execute such documents on behalf of the Owner. Under no circumstances will forbearance, including
the failure or repeated failure to insist upon compliance with the terms of the Contract Documents, constitute the
waiver or modification of any such terms. The parties acknowledge that no person has authority to modify this
Agreement or the other Contract Documents or to waive any of its or their terms, except as expressly provided in
this paragraph.
7.2
ASSIGNMENT. The Contractor may not assign this Agreement without the written consent of the
Owner, which the Owner may withhold in its sole discretion.
7.3
LAW AND JURISDICTION. All questions regarding the validity, intention, or meaning of this
Agreement or any modifications of it relating to the rights and obligation of the parties will be construed and
resolved under the laws of the State of Ohio. Any suit, which may be brought to enforce any provision of this
Agreement or any remedy with respect hereto, shall be brought in the Licking County Common Pleas Court,
Licking County, Ohio, and each party hereby expressly consents to the jurisdiction of such court.
7.4
CONSTRUCTION. The parties acknowledge that each party has reviewed this Agreement and
the other Contract Documents and voluntary entered into this Agreement. Accordingly, the normal rule of
construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in
the interpretation of this Agreement, the other Contract Documents, or any amendments or exhibits to it or them.
7.5
APPROVALS. Except as expressly provided herein, the approvals and determinations of the
Owner and Engineer will be subject to the sole discretion of the respective party and be valid and binding on the
Contractor, provided only that they be made in good faith, i.e., honestly. If the Contractor challenges any such
approval or determination, the Contractor will have the burden of proving by clear and convincing evidence that it
was not made in good faith.
2.4
BL SWIF
7.6
PARTIAL INVALIDITY. If any term or provision of this Agreement is found to be illegal,
unenforceable, or in violation of any laws, statutes, ordinances, or regulations of any public authority having
jurisdiction, then, notwithstanding such term or provision, this Agreement will remain in full force and effect and
such term will be deemed stricken; provided this Agreement will be interpreted, when possible, so as to reflect the
intentions of the parties as indicated by any such stricken term or provision.
7.7
COMPLIANCE WITH LAWS AND REGULATIONS. The Contractor, at its expense, will comply
with all applicable federal, state, and local laws, rules, and regulations applicable to the Work, including but not
limited to Sections 153.59 and 153.60 of the Ohio Revised Code, which prohibit discrimination in the hiring and
treatment of employees, with respect to which the Contractor agrees to comply and to require its subcontractors
to comply.
7.7.1
NON-DISCRIMINATION. Contractor agrees:
.1 That in the hiring of employees for the performance of Work under this Agreement or in any
subcontract, neither the Contractor, subcontractor, or any person acting on behalf of either of
them, shall by reason of race, creed, sex, handicap, or color, discriminate against any citizen
of the state in the employment of labor or workers who are qualified and available to perform
the Work to which the employment relates.
.2 That neither the Contractor, subcontractor, nor any person acting on behalf of either of them,
shall, in any manner, discriminate against or intimidate any employee hired for the
performance of Work under this Agreement on account of race, creed, sex, handicap, or
color.
.3 That there shall be deducted from the amount payable to the Contractor by the Owner under
this Agreement a forfeiture of twenty-five dollars ($25.00) as required by Ohio Revised Code
Section 153.60 for each person who is discriminated against or intimidated in violation of this
Agreement.
.4 That this Agreement may be canceled or terminated by the Owner and all money to become
due hereunder may be forfeited for a second or subsequent violation of the terms of this
section of this Agreement.
7.8
JOB MEETINGS. The Contractor or one of its representatives with authority to bind the
Contractor will attend job meetings as provided in the Specifications and ensure that its Subcontractors also hold
regular job meetings at which safety issues and job matters are discussed as these relate to the Work being
performed. The Specifications define the agenda for the meetings and designate responsibilities for taking
minutes and maintaining records of such meetings. Job meetings include, but are not limited to, pre-construction
meetings, weekly job meetings, weekly safety tool box meetings, and monthly safety meetings.
7.9
PROPERTY TAX AFFIDAVIT. The Contractor's affidavit given under Section 5719.024, Ohio
Revised Code, is incorporated herein.
7.10
PARTNERING. Contractor agrees that it will participate, as part of the Contract Sum, in any
partnering sessions scheduled by Owner.
7.11
ENTIRE AGREEMENT. This Agreement and the other Contract Documents constitute the entire
agreement among the parties with respect to their subject matter and will supersede all prior and
contemporaneous, oral or written, agreements, negotiations, communications, representations, and
understandings with respect to such subject matter, and no person is justified in relying on such agreements,
negotiations, communications, representations, or understandings.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their properly
authorized representatives and agree that this Agreement is effective as of the date first set forth above.
The Village of Buckeye Lake
CONTRACTOR:
BY:
BY:
TITLE:
TITLE:
DATE:
DATE:
2.5
BL SWIF
2.6
BL SWIF
CONTRACT AFFIDAVIT
(To be completed and executed if the Contractor is a Corporation)
STATE OF:
______________________)
) SS
COUNTY OF:
______________________)
____________________________, being duly sworn, deposes and says that he/she is secretary of
___________________________________________________________ a corporation organized and existing
under and by virtue of the laws of the state of
____________________, and having its principal offices at:
_________________________________
________________________________
(address)
(city)
_________________________________
________________________________
(county
(state)
Affiant further says that he/she is familiar with the records, minute books, and by-laws of
______________________________________________________________________
(name of corporation)
Affiant further says he that ___________________________________________ is the
(name of corporate officer)
_____________________________________ of the corporation and is duly authorized
(corporate title)
to sign the Agreement to the Village of Buckeye Lake, Ohio for the improvement project
VILLAGE OF BUCKEYE LAKE – NUTRIENT REDUCTION PROJECT (Buck11-04M)
For said corporation by virtue of
____________________________________________________ dated ____________.
(State whether by a provision of by-laws or a resolution of the Board of Directors and its date.)
____________________________________
Affiant
Sworn to before me and subscribed in my presence this day ___________ of _______, 20__.
_____________________________________
Notary Public
My commission expires: ______________________
Contract Affidavit
2.7
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Contract Affidavit
2.8
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CONTRACTOR'S PERSONAL PROPERTY TAX AFFIDAVIT
(O.R.C. § 5719.042)
State of Ohio
County of _________________, ss:
_____________________________________, being first duly sworn, deposes and says that he is the
(Name)
___________________ of ___________________________________________ with offices located at
(Title)
(Contractor)
_______________________________________________________________________, and as its duly
(Address of Contractor)
authorized representative, states that effective this _____ day of ___________________, 20__,
__________________________________________________________________________________
(Name of Contractor)
( )
( )
is charged with delinquent personal property taxes on the general list of personal property as set
forth below:
County
Amount (include total amount penalties and interest thereon)
__________ County
$_____________________________
__________ County
$_____________________________
__________ County
$_____________________________
is not charged with delinquent personal property taxes on the general list of personal property in
any Ohio county.
___________________________________
(Affiant)
Sworn to and subscribed before me by the above-named affiant this _____ day of _______________, 20__.
___________________________________
(Notary Public)
My commission expires
____________________________, 20_
Contractor’s Personal Property Tax Affidavit
2.9
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Contractor’s Personal Property Tax Affidavit
2.10
BL SWIF
CONTRACT PERFORMANCE AND PAYMENT BOND
(O.R.C. § 153.57)
KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned ("Contractor") as principal and
_________________________________________________________ as sureties, are hereby held and firmly
bound unto the Village of Buckeye Lake, Licking County, Ohio, as obligee, in the penal sum of
Dollars
($__________________), for the payment of which well and truly to be made, we hereby jointly and severally
bind ourselves, our heirs, executors, administrators, successors, and assigns.
Signed this _____ day of _________, 20__.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH that whereas, the above-named principal did
on the _____ day of ___________, 20__, enter into a contract with the Village of Buckeye Lake for
[INSERT BID PACKAGE NUMBER AND DESCRIPTION] in
connection with the construction of
[describe project] (“Project”), which said contract is made a part of this bond the same as though set forth herein:
Now, if the said Contractor shall well and faithfully do and perform the things agreed by the Contractor to
be done and performed according to the terms of said contract; and shall pay all lawful claims of subcontractors,
materialmen, and laborers, for labor performed and materials furnished in the carrying forward, performing, or
completing of said contract; we agreeing and assenting that this undertaking shall be for the benefit of any
materialman or laborer having a just claim, as well as for the obligee herein; then this obligation shall be void;
otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability
of the surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as
herein stated.
The said surety hereby stipulates and agrees that no modifications, omissions, or additions, in or to the
terms of the said contract or in or to the plans or specifications therefore shall in any wise affect the obligations of
said surety on its bond. The surety further stipulates that it is authorized to execute bonds in the State of Ohio
and that the liability incurred is within the limits of Section 3929.02 of the Revised Code.
Signed and sealed this ____ day of __________________, 20__.
(PRINCIPAL) (Seal)
By:
(SURETY) (Seal)
By:
NAME OF SURETY'S AGENT
Surety's Agent's Address:
Surety's Agent's Telephone Number:
Surety's Agent's Fax Number:
EJCDC No. C-550 (2002 Edition)
Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the
Associated General Contractors of America and the Construction Specifications Institute.
2.11
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Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the
Associated General Contractors of America and the Construction Specifications Institute.
2.12
3.0 GENERAL CONDITIONS OF THE CONTRACT
This document has important legal consequences; consultation with an attorney is encouraged with respect to its
use or modification. This document should be adapted to the particular circumstances of the contemplated Project
and the Controlling Law.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
___________________
AMERICAN COUNCIL OF ENGINEERING COMPANIES
___________________
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
The Associated General Contractors of America
Construction Specifications Institute
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
3.1
Copyright ©2002
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Council of Engineering Companies
1015 15th Street, N.W., Washington, DC 20005
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner
and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may
necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction
Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of
Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002
Edition).
3.2
TABLE OF CONTENTS
Page
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY .................................................................................................. 6
1.01
Defined Terms ......................................................................................................................................... 6
1.02
Terminology ............................................................................................................................................. 8
ARTICLE 2 - PRELIMINARY MATTERS................................................................................................................... 9
2.01
Delivery of Bonds and Evidence of Insurance......................................................................................... 9
2.02
Copies of Documents .............................................................................................................................. 9
2.03
Commencement of Contract Times; Notice to Proceed .......................................................................... 9
2.04
Starting the Work ..................................................................................................................................... 9
2.05
Before Starting Construction ................................................................................................................... 9
2.06
Preconstruction Conference .................................................................................................................. 10
2.07
Initial Acceptance of Schedules ............................................................................................................ 10
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............................................................ 10
3.01
Intent ...................................................................................................................................................... 10
3.02
Reference Standards............................................................................................................................. 10
3.03
Reporting and Resolving Discrepancies ............................................................................................... 10
3.04
Amending and Supplementing Contract Documents ............................................................................ 11
3.05
Reuse of Documents ............................................................................................................................. 11
3.06
Electronic Data ...................................................................................................................................... 11
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ................................................................................... 12
4.01
Availability of Lands ............................................................................................................................... 12
4.02
Subsurface and Physical Conditions ..................................................................................................... 12
4.03
Differing Subsurface or Physical Conditions ......................................................................................... 13
4.04
Underground Facilities........................................................................................................................... 13
4.05
Reference Points ................................................................................................................................... 14
4.06
Hazardous Environmental Condition at Site.......................................................................................... 14
ARTICLE 5 - BONDS AND INSURANCE................................................................................................................ 15
5.01
Performance, Payment, and Other Bonds ............................................................................................ 15
5.02
Licensed Sureties and Insurers ............................................................................................................. 16
5.03
Certificates of Insurance ........................................................................................................................ 16
5.04
Contractor’s Liability Insurance ............................................................................................................. 17
5.05
Owner’s Liability Insurance.................................................................................................................... 18
5.06
Property Insurance ................................................................................................................................ 18
5.07
Waiver of Rights .................................................................................................................................... 20
5.08
Receipt and Application of Insurance Proceeds.................................................................................... 20
5.09
Acceptance of Bonds and Insurance; Option to Replace ...................................................................... 20
5.10
Partial Utilization, Acknowledgment of Property Insurer ....................................................................... 20
ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES ............................................................................................ 21
6.01
Supervision and Superintendence ........................................................................................................ 21
6.02
Labor; Working Hours............................................................................................................................ 21
6.03
Services, Materials, and Equipment ...................................................................................................... 21
6.04
Progress Schedule ................................................................................................................................ 21
6.05
Substitutes and “Or-Equals” .................................................................................................................. 22
6.06
Concerning Subcontractors, Suppliers, and Others .............................................................................. 23
6.07
Patent Fees and Royalties .................................................................................................................... 24
6.08
Permits................................................................................................................................................... 25
6.09
Laws and Regulations ........................................................................................................................... 25
6.10
Taxes ..................................................................................................................................................... 25
6.11
Use of Site and Other Areas.................................................................................................................. 25
6.12
Record Documents ................................................................................................................................ 26
6.13
Safety and Protection ............................................................................................................................ 26
6.14
Safety Representative ........................................................................................................................... 26
6.15
Hazard Communication Programs ........................................................................................................ 27
6.16
Emergencies .......................................................................................................................................... 27
3.3
6.17
Shop Drawings and Samples ................................................................................................................ 27
6.18
Continuing the Work .............................................................................................................................. 28
6.19
Contractor’s General Warranty and Guarantee..................................................................................... 28
6.20
Indemnification ...................................................................................................................................... 28
6.21
Delegation of Professional Design Services ......................................................................................... 29
ARTICLE 7 - OTHER WORK AT THE SITE ........................................................................................................... 29
7.01
Related Work at Site .............................................................................................................................. 29
7.02
Coordination .......................................................................................................................................... 30
7.03
Legal Relationships ............................................................................................................................... 30
7.04
Claims By Other Contractors…………………………………………………………………………………..30
ARTICLE 8 - OWNER’S RESPONSIBILITIES ........................................................................................................ 30
8.01
Communications to Contractor .............................................................................................................. 30
8.02
Replacement of Engineer ...................................................................................................................... 30
8.03
Furnish Data .......................................................................................................................................... 30
8.04
Pay When Due ...................................................................................................................................... 31
8.05
Lands and Easements; Reports and Tests ........................................................................................... 31
8.06
Insurance ............................................................................................................................................... 31
8.07
Change Orders ...................................................................................................................................... 31
8.08
Inspections, Tests, and Approvals ........................................................................................................ 31
8.09
Limitations on Owner’s Responsibilities ................................................................................................ 31
8.10
Undisclosed Hazardous Environmental Condition ................................................................................ 31
8.11
Evidence of Financial Arrangements ..................................................................................................... 31
ARTICLE 9 - ENGINEER’S STATUS DURING CONSTRUCTION ........................................................................ 31
9.01
Owner’s Representative ........................................................................................................................ 31
9.02
Visits to Site ........................................................................................................................................... 31
9.03
Project Representative .......................................................................................................................... 31
9.04
Authorized Variations in Work ............................................................................................................... 32
9.05
Rejecting Defective Work ...................................................................................................................... 32
9.06
Shop Drawings, Change Orders and Payments ................................................................................... 32
9.07
Determinations for Unit Price Work ....................................................................................................... 33
9.08
Decisions on Requirements of Contract Documents and Acceptability of Work................................... 33
9.09
Limitations on Engineer’s Authority and Responsibilities ...................................................................... 33
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ............................................................................................... 34
10.01 Authorized Changes in the Work ........................................................................................................... 34
10.02 Unauthorized Changes in the Work ...................................................................................................... 34
10.03 Execution of Change Orders ................................................................................................................. 34
10.04 Notification to Surety ............................................................................................................................. 34
10.05 Claims .................................................................................................................................................... 34
ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ....................................................... 35
11.01 Cost of the Work .................................................................................................................................... 35
11.02 Allowances............................................................................................................................................. 37
11.03 Unit Price Work ...................................................................................................................................... 37
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .......................................... 38
12.01 Change of Contract Price ...................................................................................................................... 38
12.02 Change of Contract Times..................................................................................................................... 39
12.03 Delays .................................................................................................................................................... 39
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
................................................................................................................................................................................. 40
13.01 Notice of Defects ................................................................................................................................... 40
13.02 Access to Work ...................................................................................................................................... 40
13.03 Tests and Inspections............................................................................................................................ 40
13.04 Uncovering Work ................................................................................................................................... 41
13.05 Owner May Stop the Work .................................................................................................................... 41
13.06 Correction or Removal of Defective Work ............................................................................................. 41
13.07 Correction Period ................................................................................................................................... 41
13.08 Acceptance of Defective Work .............................................................................................................. 42
13.09 Owner May Correct Defective Work ...................................................................................................... 42
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ................................................................... 43
14.01 Schedule of Values................................................................................................................................ 43
14.02 Progress Payments ............................................................................................................................... 43
3.4
14.03 Contractor’s Warranty of Title ................................................................................................................ 45
14.04 Substantial Completion.......................................................................................................................... 45
14.05 Partial Utilization .................................................................................................................................... 46
14.06 Final Inspection ..................................................................................................................................... 47
14.07 Final Payment ........................................................................................................................................ 47
14.08 Final Completion Delayed ..................................................................................................................... 47
14.09 Waiver of Claims ................................................................................................................................... 48
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................................................................. 48
15.01 Owner May Suspend Work.................................................................................................................... 48
15.02 Owner May Terminate for Cause .......................................................................................................... 48
15.03 Owner May Terminate For Convenience .............................................................................................. 49
15.04 Contractor May Stop Work or Terminate............................................................................................... 49
ARTICLE 16 - DISPUTE RESOLUTION ................................................................................................................. 49
16.01 Methods and Procedures ...................................................................................................................... 49
ARTICLE 17 - MISCELLANEOUS........................................................................................................................... 50
17.01 Giving Notice ......................................................................................................................................... 50
17.02 Computation of Times ........................................................................................................................... 50
17.03 Cumulative Remedies ........................................................................................................................... 50
17.04 Survival of Obligations ........................................................................................................................... 50
17.05 Controlling Law ...................................................................................................................................... 50
17.06
Headings ............................................................................................................................................... 50
17.07
Equal Employment Opportunity and Non-Discrimination…………………………………………………..50
17.08
Contract Work Hours and Safety Standard Act…………………………………..…………………………50
17.09
Clean Air Act…………………………………………………………………………………………………….50
17.10
Shutdown
Dates…….…………………….…………………………………………………………………….50
3.5
GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
1.01
Defined Terms
A. Wherever used in the Bidding
Requirements or Contract Documents and printed
with initial capital letters or with all capital letters, the
terms listed below will have the meanings indicated
which are applicable to both the singular and plural
thereof. In addition to terms specifically defined,
terms with initial capital letters in the Contract
Documents include references to identified articles
and paragraphs, and the titles of other documents or
forms.
1. Addenda--Written or graphic instruments
issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the
proposed Contract Documents.
2.
Agreement
or
Owner-Contractor
Agreement --The written instrument which is
evidence of the agreement between Owner and
Contractor covering the Work.
3. Application for Payment--The form
acceptable to Engineer which is to be used by
Contractor during the course of the Work in
requesting progress or final payments and which is
to
be
accompanied
by
such
supporting
documentation as is required by the Contract
Documents.
4. Asbestos--Any material that contains
more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current
action levels established by the United States
Occupational Safety and Health Administration.
5. Bid--The offer or proposal of a Bidder
submitted on the prescribed form setting forth the
prices for the Work to be performed.
6. Bidder--The individual or entity who
submits a Bid directly to Owner.
7.
Bidding
Documents--The
Requirements
and
the
proposed
Documents (including all Addenda).
Bidding
Contract
8.
Bidding
Requirements--The
Advertisement or Invitation to Bid, Instructions to
Bidders, bid security of acceptable form, if any, and
the Bid Form with any supplements.
9.
Change
Order--A
document
recommended by Engineer which is signed by
Contractor, and Owner and authorizes an addition,
deletion, or revision in the Work or an adjustment in
the Contract Price or the Contract Times, issued on
or after the Effective Date of the Agreement.
10. Claim--A demand or assertion by Owner
or Contractor seeking an adjustment of Contract
Price or Contract Times, or both, or other relief with
respect to the terms of the Contract. A demand for
money or services by a third party is not a Claim.
11. Contract--The entire and integrated
written agreement between the Owner and
Contractor concerning the Work. The Contract
supersedes prior negotiations, representations, or
agreements, whether written or oral.
12. Contract Documents-- Those items so
designated in the Agreement. Only printed or hard
copies of the items listed in the Agreement are
Contract Documents. Approved Shop Drawings,
other Contractor’s submittals, and the reports and
drawings of subsurface and physical conditions are
not Contract Documents.
13. Contract Price--The moneys payable by
Owner to Contractor for completion of the Work in
accordance with the Contract Documents as stated
in the Agreement (subject to the provisions of
Paragraph 11.03 in the case of Unit Price Work).
14. Contract Times--The number of days or
the dates stated in the Agreement to: (i) achieve
Milestones,
if
any,
(ii) achieve
Substantial
Completion; and (iii) complete the Work so that it is
ready for final payment as evidenced by Engineer’s
written recommendation of final payment.
15. Contractor--The individual or entity with
whom Owner has entered into the Agreement.
16. Cost of the Work--See Paragraph
11.01.A for definition.
17. Drawings--That part of the Contract
Documents prepared or approved by Engineer
which graphically shows the scope, extent, and
character of the Work to be performed by
Contractor. Shop Drawings and other Contractor
submittals are not Drawings as so defined.
18. Effective Date of the Agreement--The
date indicated in the Agreement on which it
becomes effective, but if no such date is indicated, it
means the date on which the Agreement is signed
and delivered by the last of the two parties to sign
and deliver.
3.6
19. Engineer--The individual or entity named
as such in the Agreement.
20. Field Order--A written order issued by
Engineer which requires minor changes in the Work
but which does not involve a change in the Contract
Price or the Contract Times.
21. General Requirements--Sections of
Division 1 of the Specifications. The General
Requirements pertain to all sections of the Specifications.
22. Hazardous Environmental Condition-The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in
such quantities or circumstances that may present a
substantial danger to persons or property exposed
thereto in connection with the Work.
23. Hazardous Waste--The term Hazardous
Waste shall have the meaning provided in Section
1004 of the Solid Waste Disposal Act (42 USC
Section 6903) as amended from time to time.
24. Laws and Regulations; Laws or Regulations--Any and all applicable laws, rules, regulations,
ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts
having jurisdiction.
25. Liens--Charges, security interests, or
encumbrances upon Project funds, real property, or
personal property.
26. Milestone--A principal event specified in
the Contract Documents relating to an intermediate
completion date or time prior to Substantial Completion of all the Work.
27. Notice of Award--The written notice by
Owner to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the
conditions precedent listed therein, Owner will sign
and deliver the Agreement.
28. Notice to Proceed--A written notice given
by Owner to Contractor fixing the date on which the
Contract Times will commence to run and on which
Contractor shall start to perform the Work under the
Contract Documents.
29. Owner--The individual or entity with
whom Contractor has entered into the Agreement
and for whom the Work is to be performed. The
Owner is the Village of Buckeye Lake.
30. PCBs--Polychlorinated biphenyls.
31. Petroleum--Petroleum, including crude
oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees
Fahrenheit and 14.7 pounds per square inch
absolute), such as oil, petroleum, fuel oil, oil sludge,
oil refuse, gasoline, kerosene, and oil mixed with
other non-Hazardous Waste and crude oils.
32.
Progress
Schedule--A
schedule,
prepared and maintained by Contractor, describing
the sequence and duration of the activities
comprising the Contractor’s plan to accomplish the
Work within the Contract Times.
33. Project--The total construction of which
the Work to be performed under the Contract
Documents may be the whole, or a part.
34.
Project
Manual--The
bound
documentary information prepared for bidding and
constructing the Work. A listing of the contents of the
Project Manual, which may be bound in one or more
volumes, is contained in the table(s) of contents.
35. Radioactive Material--Source, special
nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et
seq.) as amended from time to time.
36. Related Entity -- An officer, director,
partner,
employee,
agent,
consultant,
or
subcontractor.
37. Resident Project Representative--The
authorized representative of Engineer who may be
assigned to the Site or any part thereof.
38.
Samples--Physical
examples
of
materials, equipment, or workmanship that are
representative of some portion of the Work and
which establish the standards by which such portion
of the Work will be judged.
39. Schedule of Submittals--A schedule,
prepared and maintained by Contractor, of required
submittals and the time requirements to support
scheduled performance of related construction
activities.
40. Schedule of Values--A schedule,
prepared and maintained by Contractor, allocating
portions of the Contract Price to various portions of
the Work and used as the basis for reviewing
Contractor’s Applications for Payment.
41. Shop Drawings--All drawings, diagrams,
illustrations, schedules, and other data or
information which are specifically prepared or
assembled by or for Contractor and submitted by
Contractor to illustrate some portion of the Work.
3.7
42. Site--Lands or areas indicated in the
Contract Documents as being furnished by Owner
upon which the Work is to be performed, including
rights-of-way and easements for access thereto, and
such other lands furnished by Owner which are
designated for the use of Contractor.
43. Specifications--That part of the Contract
Documents consisting of written requirements for
materials, equipment, systems, standards and
workmanship as applied to the Work, and certain
administrative requirements and procedural matters
applicable thereto.
44. Subcontractor--An individual or entity
having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of
the Work at the Site.
45. Substantial Completion--The time at
which the Work (or a specified part thereof) has
progressed to the point where, in the opinion of
Engineer, the Work (or a specified part thereof) is
sufficiently complete, in accordance with the
Contract Documents, so that the Work (or a
specified part thereof) can be utilized for the
purposes for which it is intended. The terms
“substantially complete” and “substantially completed” as applied to all or part of the Work refer to
Substantial Completion thereof.
46.
Successful
Bidder--The
Bidder
submitting a responsive Bid to whom Owner makes
an award.
47. Supplementary Conditions--That part of
the Contract Documents which amends or
supplements these General Conditions.
48. Supplier--A manufacturer, fabricator,
supplier, distributor, materialman, or vendor having a
direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be
incorporated in the Work by Contractor or any
Subcontractor.
49. Underground Facilities--All underground
pipelines, conduits, ducts, cables, wires, manholes,
vaults, tanks, tunnels, or other such facilities or
attachments, and any encasements containing such
facilities, including those that convey electricity,
gases, steam, liquid petroleum products, telephone
or other communications, cable television, water,
wastewater, storm water, other liquids or chemicals,
or traffic or other control systems.
50. Unit Price Work--Work to be paid for on
the basis of unit prices.
51. Work--The entire construction or the
various separately identifiable parts thereof required
to be provided under the Contract Documents. Work
includes and is the result of performing or providing
all labor, services, and documentation necessary to
produce such construction, and furnishing, installing,
and incorporating all materials and equipment into
such construction, all as required by the Contract
Documents.
52. Work Change Directive--A written
statement to Contractor issued on or after the
Effective Date of the Agreement and signed by
Owner and recommended by Engineer ordering an
addition, deletion, or revision in the Work, or
responding to differing or unforeseen subsurface or
physical conditions under which the Work is to be
performed or to emergencies. A Work Change
Directive will not change the Contract Price or the
Contract Times but is evidence that the parties
expect that the change ordered or documented by a
Work Change Directive will be incorporated in a
subsequently issued Change Order following
negotiations by the parties as to its effect, if any, on
the Contract Price or Contract Times.
1.02
Terminology
A. The following words or terms are not
defined but, when used in the Bidding Requirements
or Contract Documents, have the following meaning.
B. Intent of Certain Terms or Adjectives
1. The Contract Documents include the
terms “as allowed,” “as approved,” “as ordered”, “as
directed” or terms of like effect or import to authorize
an exercise of professional judgment by Engineer. In
addition, the adjectives “reasonable,” “suitable,”
“acceptable,” “proper,” “satisfactory,” or adjectives of
like effect or import are used to describe an action or
determination of Engineer as to the Work. It is
intended that such exercise of professional
judgment, action or determination will be solely to
evaluate, in general, the Work for compliance with
the requirements of and information in the Contract
Documents and conformance with the design
concept of the completed Project as a functioning
whole as shown or indicated in the Contract
Documents (unless there is a specific statement
indicating otherwise). The use of any such term or
adjective is not intended to and shall not be effective
to assign to Engineer any duty or authority to
supervise or direct the performance of the Work or
any duty or authority to undertake responsibility
contrary to the provisions of Paragraph 9.09 or any
other provision of the Contract Documents.
C. Day
3.8
1.
The word “day” means a calendar
day of 24 hours measured from midnight to the next
midnight.
D. Defective
1. The word “defective,” when modifying the
word “Work,” refers to Work that is unsatisfactory,
faulty, or deficient in that it:
a. does not conform to the Contract
Documents, or
b. does not meet the requirements of any
applicable inspection, reference standard,
test, or approval referred to in the Contract
Documents, or
c. has been damaged prior to Engineer’s recommendation of final payment (unless
responsibility for the protection thereof has
been assumed by Owner at Substantial
Completion in accordance with Paragraph
14.04 or 14.05).
E. Furnish, Install, Perform, Provide
1. The word “furnish,” when used in connection with services, materials, or equipment, shall
mean to supply and deliver said services, materials,
or equipment to the Site (or some other specified
location) ready for use or installation and in usable
or operable condition.
2. The word “install,” when used in connection with services, materials, or equipment, shall
mean to put into use or place in final position said
services, materials, or equipment complete and
ready for intended use.
3. The words “perform” or “provide,” when
used in connection with services, materials, or
equipment, shall mean to furnish and install said
services, materials, or equipment complete and
ready for intended use.
4. When “furnish,” “install,” “perform,” or
“provide” is not used in connection with services,
materials, or equipment in a context clearly requiring
an obligation of Contractor, “provide” is implied.
F. Unless stated otherwise in the Contract
Documents, words or phrases which have a wellknown technical or construction industry or trade
meaning are used in the Contract Documents in
accordance with such recognized meaning.
2.01
Delivery
Insurance
Bonds
and
Evidence
of
A. When Contractor delivers the executed
counterparts of the Agreement to Owner, Contractor
shall also deliver to Owner such bonds as
Contractor may be required to furnish. When
Contractor delivers the executed counterparts of the
Agreement to Owner, Contractor shall also deliver to
Owner such bonds, insurance certificates, insurance
endorsements, and other documents as Contractor
may be required to furnish under the Contract
Documents.
B. Evidence of Insurance: Before any Work
at the Site is started, Contractor and Owner shall
each deliver to the other, with copies to each
additional insured identified in the Supplementary
Conditions, certificates of insurance (and other
evidence of insurance which either of them or any
additional insured may reasonably request) which
Contractor and Owner respectively are required to
purchase and maintain in accordance with Article 5.
Evidence of Insurance: Before any Work at the Site
is started, Contractor shall deliver to the Owner with
copies to each additional insured identified in the
Modified General Conditions Owner-approved
copies of certificates of insurance, copies of
endorsements, and other evidence of insurance
which either of them or any additional insured may
reasonably request, which Contractor is required to
purchase and maintain in accordance with Article 5.
2.02
Copies of Documents
A. Owner shall furnish to Contractor up to
ten printed or hard copies of the Drawings and
Project Manual. Additional copies will be furnished
upon request at the cost of reproduction.
2.03
Commencement of Contract Times; Notice
to Proceed
A. The Contract Times will commence to run
on the thirtieth day after the Effective Date of the
Agreement or, if a Notice to Proceed is given, on the
day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time within 30 days
after the Effective Date of the Agreement. In no
event will the Contract Times commence to run later
than the sixtieth day after the day of Bid opening or
the thirtieth day after the Effective Date of the
Agreement, whichever date is earlier.
2.04
ARTICLE 2 - PRELIMINARY MATTERS
of
Starting the Work
A. Contractor shall start to perform the Work
on the date when the Contract Times commence to
3.9
run. No Work shall be done at the Site prior to the
date on which the Contract Times commence to run.
Contractor until acceptable schedules are submitted
to Engineer.
2.05
1. The Progress Schedule will be acceptable
to Engineer if it provides an orderly progression of
the Work to completion within the Contract Times.
Such acceptance will not impose on Engineer
responsibility for the Progress Schedule, for
sequencing, scheduling, or progress of the Work nor
interfere with or relieve Contractor from Contractor’s
full responsibility therefor.
Before Starting Construction
A. Preliminary Schedules: Within 10 days
after the Effective Date of the Agreement (unless
otherwise specified in the General Requirements),
Contractor shall submit to Engineer for timely
review:
1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting
and completing the various stages of the Work,
including any Milestones specified in the Contract
Documents;
2. a preliminary Schedule of Submittals; and
3. a preliminary Schedule of Values for all of
the Work which includes quantities and prices of
items which when added together equal the Contract
Price and subdivides the Work into component parts
in sufficient detail to serve as the basis for progress
payments during performance of the Work. Such
prices will include an appropriate amount of
overhead and profit applicable to each item of Work.
The total of the schedule of values prepared for the
Work, as required by the General Conditions, shall
not exceed the Bid submitted for the Work, unless
such amount is adjusted as provided in the Contract
Documents.
4. The Contractor shall provide a list of any
proposed substitutions in accordance with
Paragraph 6.05 of the General Conditions.
2.06
Preconstruction Conference
A. Before any Work at the Site is started, a
conference attended by Owner, Contractor,
Engineer, and others as appropriate will be held to
establish a working understanding among the
parties as to the Work and to discuss the schedules
referred to in Paragraph 2.05.A, procedures for
handling Shop Drawings and other submittals,
processing
Applications
for
Payment,
and
maintaining required records.
2.07
Initial Acceptance of Schedules
A. At least 10 days before submission of the
first Application for Payment a conference attended
by Contractor, Engineer, and others as appropriate
will be held to review for acceptability to Engineer as
provided below the schedules submitted in
accordance with Paragraph 2.05.A. Contractor shall
have an additional 10 days to make corrections and
adjustments and to complete and resubmit the
schedules. No progress payment shall be made to
2. Contractor’s Schedule of Submittals will
be acceptable to Engineer if it provides a workable
arrangement for reviewing and processing the
required submittals.
3. Contractor’s Schedule of Values will be
acceptable to Engineer as to form and substance if it
provides a reasonable allocation of the Contract
Price to component parts of the Work.
ARTICLE 3 - CONTRACT DOCUMENTS:
AMENDING, REUSE
3.01
INTENT,
Intent
A. The Contract Documents are complementary; what is required by one is as binding as if
required by all.
B. It is the intent of the Contract Documents
to describe a functionally complete Project (or part
thereof) to be constructed in accordance with the
Contract Documents. Any labor, documentation,
services, materials, or equipment that may
reasonably be inferred from the Contract Documents
or from prevailing custom or trade usage as being
required to produce the intended result will be
provided whether or not specifically called for at no
additional cost to Owner.
C. Clarifications and interpretations of the
Contract Documents shall be issued by Engineer as
provided in Article 9.
3.02
Reference Standards
A. Standards, Specifications, Codes, Laws,
and Regulations
1. Reference to standards, specifications,
manuals, or codes of any technical society,
organization, or association, or to Laws or
Regulations, whether such reference be specific or
by implication, shall mean the standard,
specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the
Effective Date of the Agreement if there were no
3.10
Bids), except as may be otherwise specifically stated
in the Contract Documents.
2. No provision of any such standard,
specification, manual or code, or any instruction of a
Supplier shall be effective to change the duties or
responsibilities of Owner, Contractor, or Engineer, or
any of their subcontractors, consultants, agents, or
employees from those set forth in the Contract
Documents. No such provision or instruction shall be
effective to assign to Owner, or Engineer, or any of,
their Related Entities, any duty or authority to
supervise or direct the performance of the Work or
any duty or authority to undertake responsibility
inconsistent with the provisions of the Contract
Documents.
3.03
Reporting and Resolving Discrepancies
discrepancy existed as indicated above, correction
of work constructed without such notification to
Engineer shall be at Contractor's expense, (except
in an emergency as authorized by Paragraph
6.16.A.).
B. Resolving Discrepancies
1. Except as may be otherwise specifically
stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in
resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and:
a. the provisions of any standard,
specification, manual, code, or instruction
(whether or not specifically incorporated by
reference in the Contract Documents); or
A. Reporting Discrepancies
1. Contractor’s Review of Contract
Documents
Before
Starting
Work:
Before
undertaking each part of the Work, Contractor shall
carefully study and compare the Contract
Documents and check and verify pertinent figures
therein and all applicable field measurements.
Contractor shall promptly report in writing to
Engineer any conflict, error, ambiguity, or
discrepancy which Contractor may discover and
shall obtain a written interpretation or clarification
from Engineer before proceeding with any Work
affected thereby.
2. Contractor’s Review of Contract
Documents During Performance of Work: If, during
the performance of the Work, Contractor discovers
any conflict, error, ambiguity, or discrepancy within
the Contract Documents or between the Contract
Documents and any provision of any Law or
Regulation applicable to the performance of the
Work or of any standard, specification, manual or
code, or of any instruction of any Supplier,
Contractor shall promptly report it to Engineer in
writing. Contractor shall not proceed with the Work
affected thereby (except in an emergency as
required by Paragraph 6.16.A) until an amendment
or supplement to the Contract Documents has been
issued by one of the methods indicated in Paragraph
3.04.
3. Contractor shall not be
liable
to
Owner or Engineer for failure to report any conflict,
error, ambiguity, or discrepancy in the Contract
Documents unless Contractor knew or reasonably
should have known thereof.
4. If Contractor proceeds with work that
Contractor had actual knowledge or should have
known that a conflict, error, ambiguity, or
b. the provisions of any Laws or Regulations
applicable to the performance of the Work
(unless such an interpretation of the provisions of the Contract Documents would
result in violation of such Law or
Regulation).
2.
Within the Contract Documents,
requirements of the Agreement shall take
precedence over the Modified General Conditions,
which shall take precedence over the Specifications,
which shall take precedence over the Drawings.
3. Within a particular Contract Document,
figure dimensions on Drawings shall take
precedence over general Drawings.
Specific
instructions or specifications shall take precedence
over general instructions or specifications.
3.04
Amending
Documents
and
Supplementing
Contract
A. The Contract Documents may be
amended to provide for additions, deletions, and
revisions in the Work or to modify the terms and
conditions thereof by either a Change Order or a
Work Change Directive.
B. The requirements of the Contract
Documents may be supplemented, and minor
variations and deviations in the Work may be authorized, by one or more of the following ways:
1. A Field Order;
2. Engineer’s approval of a Shop Drawing or
Sample; (Subject to the provisions of Paragraph
6.17.D.3); or
3.11
3. Engineer’s
clarification.
3.05
written
interpretation
or
Reuse of Documents
A. Contractor and any Subcontractor or
Supplier or other individual or entity performing or
furnishing all of the Work under a direct or indirect
contract with Contractor, shall not:
1. have or acquire any title to or ownership
rights in any of the Drawings, Specifications,
or other documents (or copies of any thereof)
prepared by or bearing the seal of Engineer or
Engineer’s consultants, including electronic media
editions; or
2. reuse any of such Drawings,
Specifications, other documents, or copies thereof
on extensions of the Project or any other project
without written consent of Owner and Engineer and
specific written verification or adoption by Engineer.
B. The prohibition of this Paragraph 3.05 will
survive final payment, or termination of the Contract.
Nothing herein shall preclude Contractor from
retaining copies of the Contract Documents for
record purposes.
3.06
systems, or computer hardware differing from those
used by the data’s creator.
Electronic Data
A. Copies of data furnished by Owner or
Engineer to Contractor or Contractor to Owner or
Engineer that may be relied upon are limited to the
printed copies (also known as hard copies). Files in
electronic media format of text, data, graphics, or
other types are furnished only for the convenience of
the receiving party. Any conclusion or information
obtained or derived from such electronic files will be
at the user’s sole risk. If there is a discrepancy
between the electronic files and the hard copies, the
hard copies govern.
B. Because data stored in electronic media
format can deteriorate or be modified inadvertently
or otherwise without authorization of the data’s
creator, the party receiving electronic files agrees
that it will perform acceptance tests or procedures
within 60 days, after which the receiving party shall
be deemed to have accepted the data thus
transferred. Any errors detected within the 60-day
acceptance period will be corrected by the
transferring party..
C. When transferring documents in
electronic media format, the transferring party makes
no representations as to long term compatibility,
usability, or readability of documents resulting from
the use of software application packages, operating
ARTICLE 4 - AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS;
REFERENCE POINTS
4.01
Availability of Lands
A. Owner shall furnish the Site. Owner shall
notify Contractor of any encumbrances or
restrictions not of general application but specifically
related to use of the Site with which Contractor must
comply in performing the Work. Owner will obtain in
a timely manner and pay for easements for
permanent structures or permanent changes in
existing facilities. If Contractor and Owner are
unable to agree on entitlement to or on the amount
or extent, if any, of any adjustment in the Contract
Price or Contract Times, or both, as a result of any
delay in Owner’s furnishing the Site or a part thereof,
Contractor may make a Claim therefor as provided
in Paragraph 10.05.
B. Upon reasonable written request, Owner
shall furnish Contractor with a current statement of
record legal title and legal description of the lands
upon which the Work is to be performed and
Owner’s interest therein as necessary for giving
notice of or filing a mechanic's or construction lien
against such lands in accordance with applicable
Laws and Regulations. Upon reasonable request,
Owner shall furnish Contractor with a Notice of
Commencement
prepared
for
the
Project,
conforming with the provisions of Ohio Revised
Code Section 1311.252.
C. Contractor shall provide for all additional
lands and access thereto that may be required for
temporary construction facilities or storage of
materials and equipment.
4.02
Subsurface and Physical Conditions
A.
Reports
and
Drawings:
The
Supplementary Conditions identify 4.02C identifies:
1. those reports of explorations and tests of
subsurface conditions at or contiguous to the Site
that Engineer has used in preparing the Contract
Documents; and
2. those drawings of physical conditions in
or relating to existing surface or subsurface structures at or contiguous to the Site (except
Underground Facilities) that Engineer has used in
preparing the Contract Documents.
3.12
B. Limited Reliance by Contractor on
Technical Data Authorized: Contractor may rely
upon the general accuracy of the “technical data”
contained in such reports and drawings, but such
reports and drawings are not Contract Documents.
Such “technical data” is identified in the
Supplementary Conditions 4.02C. Except for such
reliance on such “technical data,” Contractor may
not rely upon or make any claim against Owner or
Engineer, or any of their Related Entities with
respect to:
1. the completeness of such reports and
drawings for Contractor’s purposes, including, but
not limited to, any aspects of the means, methods,
techniques, sequences, and procedures of
construction to be employed by Contractor, and
safety precautions and programs incident thereto; or
2. other data, interpretations, opinions, and
information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or
conclusion drawn from any "technical data" or any
such other data, interpretations, opinions, or information.
For example, all interpolations and
extrapolations of data performed by Contractor to
estimate locations or quantities of subsurface strata
are independent factual assumptions which Owner
does not warrant.
C.
The only documents which indicate
subsurface physical conditions at the Site are as
follows.
4.03
and generally recognized as inherent in work of the
character provided for in the Contract Documents;
then Contractor shall, promptly within two (2)
business after becoming aware thereof and before
further disturbing the subsurface or physical
conditions or performing any Work in connection
therewith (except in an emergency as required by
Paragraph 6.16.A), notify Owner and Engineer in
writing about such condition. Contractor shall not
further disturb such condition or perform any Work in
connection therewith (except as aforesaid) until
receipt of written order to do so. Failure to provide
such notice as required herein or disturbing the
differing condition shall be an irrevocable waiver of
Contractor’s right to any form of additional
compensation, be it in time or money, arising out of
the differing subsurface or physical condition.
B. Engineer’s Review: After receipt of written
notice as required by Paragraph 4.03.A, Engineer
will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional
exploration or tests with respect thereto, and advise
Owner in writing (with a copy to Contractor) of
Engineer’s findings and conclusions.
C. Possible Price and Times Adjustments
1. The Contract Price or the Contract Times,
or both, will be equitably adjusted to the extent that
the existence of such differing subsurface or
physical condition causes an increase or decrease
in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:
1. [Insert]
a. such condition must meet any one or
more of the categories described in
Paragraph 4.03.A; and
Differing Subsurface or Physical Conditions
b. with respect to Work that is paid for on a
Unit Price Basis, any adjustment in Contract
Price will be subject to the provisions of
Paragraphs 9.07 and 11.03.
A. Notice: If Contractor believes that any
subsurface or physical condition at or contiguous to
the Site that is uncovered or revealed either:
1. is of such a nature as to establish that any
“technical data” on which Contractor is entitled to
rely as provided in Paragraph 4.02 is materially
inaccurate; or
2. is of such a nature as to require a change
in the Contract Documents; or
3. differs materially from that shown or
indicated in the Contract Documents; or
4. is of an unusual nature, and differs
materially from conditions ordinarily encountered
2. Contractor shall not be entitled to any
adjustment in the Contract Price or Contract Times
if:
a. Contractor knew of the existence of such
conditions at the time Contractor made a
final commitment to Owner with respect to
Contract Price and Contract Times by the
submission of a Bid or becoming bound
under a negotiated contract; or
b. the existence of such condition could
reasonably have been discovered or
revealed as a result of any examination,
3.13
d. the safety and protection of all such
Underground Facilities and repairing any
damage thereto resulting from the Work.
investigation, exploration, test, or study of
the Site and contiguous areas required by
the Bidding Requirements or Contract Documents to be conducted by or for Contractor
prior to Contractor's making such final commitment; or
c. Contractor failed to give the written notice
as required by Paragraph 4.03.A.
3. If Owner and Contractor are unable to
agree on entitlement to or on the amount or extent, if
any, of any adjustment in the Contract Price or
Contract Times, or both, a Claim may be made
therefor as provided in Paragraph 10.05. However,
Owner and Engineer, and any of their Related
Entities shall not be liable to Contractor for any
claims, costs, losses, or damages (including but not
limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs)
sustained by Contractor on or in connection with any
other project or anticipated project.
4.04
B. Not Shown or Indicated
1. If an Underground Facility is uncovered or
revealed at or contiguous to the Site which was not
shown or indicated, or not shown or indicated with
reasonable accuracy in the Contract Documents,
Contractor shall, promptly after becoming aware
thereof and before further disturbing conditions
affected thereby or performing any Work in
connection therewith (except in an emergency as
required by Paragraph 6.16.A), identify the owner of
such Underground Facility and give written notice to
that owner and to Owner and Engineer. Engineer
will promptly review the Underground Facility and
determine the extent, if any, to which a change is
required in the Contract Documents to reflect and
document the consequences of the existence or
location of the Underground Facility. During such
time, Contractor shall be responsible for the safety
and protection of such Underground Facility.
Underground Facilities
A. Shown or Indicated: The information and
data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or
contiguous to the Site is based on information and
data furnished to Owner or Engineer by the owners
of such Underground Facilities, including Owner, or
by others. Unless it is otherwise expressly provided
elsewhere in these Modified General Conditions:
1. Owner and Engineer shall not be
responsible for the accuracy or completeness of any
such information or data; and
2. the cost of all of the following will be
included in the Contract Price, and Contractor shall
have full responsibility for:
a. reviewing and checking all such information and data,
b. locating all Underground Facilities shown
or indicated in the Contract Documents, The
Contractor shall be responsible for
protecting all Underground Facilities in a
manner at least as cautious and protective
of safety and of underground facilities as
those methods identified in Ohio Revised
Code Sections 3781.25 and 3781.30.
c. coordination of the Work with the owners
of such Underground Facilities, including
Owner, during construction, and
2. If Engineer concludes that a change in the
Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect
and document such consequences. An equitable
adjustment shall be made in the Contract Price or
Contract Times, or both, to the extent that they are
attributable to the existence or location of any
Underground Facility that was not shown or
indicated or not shown or indicated with reasonable
accuracy in the Contract Documents and that
Contractor did not know of and could not reasonably
have been expected to be aware of or to have
anticipated. If Owner and Contractor are unable to
any, of any such adjustment in Contract Price or
Contract Times, Owner or Contractor may make a
Claim therefor as provided in Paragraph 10.05.
4.05
Reference Points
A. Owner shall provide engineering surveys
to establish reference points for construction which
in Engineer’s judgment are necessary to enable
Contractor to proceed with the Work. Contractor
shall be responsible for laying out the Work, shall
protect and preserve the established reference
points and property monuments, and shall make no
changes or relocations without the prior written
approval of Owner. Contractor shall report to
Engineer whenever any reference point or property
monument is lost or destroyed or requires relocation
because of necessary changes in grades or
locations, and shall be responsible for the accurate
replacement or relocation of such reference points
or property monuments by professionally qualified
3.14
personnel. Contractor is referred to the General
Requirements for additional requirements for laying
out the work.
4.06
Hazardous Environmental Condition at Site
A. Reports and Drawings: Reference is
made in 4.06B(4) to the Supplementary Conditions
for the identification of those reports and drawings
relating to a Hazardous Environmental Condition
identified at the Site, if any, that have been utilized
by the Engineer in the preparation of the Contract
Documents.
B. Limited Reliance by Contractor on
Technical Data Authorized: Contractor may rely
upon the general accuracy of the “technical data”
contained in such reports and drawings, but such
reports and drawings are not Contract Documents.
Such “technical data” is identified in the
Supplementary Conditions. Except for such reliance
on such “technical data,” Contractor may not rely
upon or make any claim against Owner or Engineer,
or any of their Related Entities with respect to:
1. the completeness of such reports and
drawings for Contractor’s purposes, including, but
not limited to, any aspects of the means, methods,
techniques, sequences and procedures of
construction to be employed by Contractor and
safety precautions and programs incident thereto; or
2. other data, interpretations, opinions and
information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or
conclusion drawn from any “technical data” or any
such other data, interpretations, opinions or
information.
4. The only documents which indicate
Hazardous Environmental Conditions at the Site are
as follows: No reports or drawings related to
Hazardous Environmental Conditions are known to
the Owner or Engineer.
C. Contractor shall not be responsible for
any Hazardous Environmental Condition uncovered
or revealed at the Site which was not shown or
indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of
the Work. Contractor shall be responsible for a
Hazardous Environmental Condition created with
any materials brought to the Site by Contractor,
Subcontractors, Suppliers, or anyone else for whom
Contractor is responsible.
D. If Contractor encounters a Hazardous
Environmental Condition or if Contractor or anyone
for whom Contractor is responsible creates a
Hazardous Environmental Condition, Contractor
shall immediately: (i) secure or otherwise isolate
such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby
(except in an emergency as required by Paragraph
6.16.A); and (iii) notify Owner and Engineer (and
promptly thereafter confirm such notice in writing).
Owner shall promptly consult with Engineer
concerning the necessity for Owner to retain a
qualified expert to evaluate such condition or take
corrective action, if any.
E. Contractor shall not be required to
resume Work in connection with such condition or in
any affected area until after Owner has obtained any
required permits related thereto and delivered to
Contractor written notice: (i) specifying that such
condition and any affected area is or has been
rendered safe for the resumption of Work; or (ii)
specifying any special conditions under which such
Work may be resumed safely. If Owner and
Contractor cannot agree as to entitlement to or on
the amount or extent, if any, of any adjustment in
Contract Price or Contract Times, or both, as a result
of such Work stoppage or such special conditions
under which Work is agreed to be resumed by
Contractor, either party may make a Claim therefor
as provided in Paragraph 10.05.
F. If after receipt of such written notice
Contractor does not agree to resume such Work
based on a reasonable belief it is unsafe, or does
not agree to resume such Work under such special
conditions, then Owner may order the portion of the
Work that is in the area affected by such condition to
be deleted from the Work. If Owner and Contractor
cannot agree as to entitlement to or on the amount
or extent, if any, of an adjustment in Contract Price
or Contract Times as a result of deleting such
portion of the Work, then either party may make a
Claim therefor as provided in Paragraph 10.05.
Owner may have such deleted portion of the Work
performed by Owner’s own forces or others in accordance with Article 7.
G. To the fullest extent permitted by Laws
and Regulations, Owner shall indemnify and hold
harmless Contractor, Subcontractors, and Engineer,
and the officers, directors, partners, employees,
agents, consultants, and subcontractors of each and
any of them from and against all claims, costs,
losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or
other dispute resolution costs) arising out of or
relating to a Hazardous Environmental Condition,
provided that such Hazardous Environmental
Condition: (i) was not shown or indicated in the
Drawings or Specifications or identified in the
3.15
Contract Documents to be included within the scope
of the Work, and (ii) was not created by Contractor
or by anyone for whom Contractor is responsible.
Nothing in this Paragraph 4.06. G shall obligate
Owner to indemnify any individual or entity from and
against the consequences of that individual’s or
entity’s own negligence.
H. To the fullest extent permitted by Laws
and Regulations, Contractor shall indemnify and
hold harmless Owner and Engineer, and the officers,
directors, partners, employees, agents, consultants,
and subcontractors of each and any of them from
and against all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to
a Hazardous Environmental Condition created by
Contractor or by anyone for whom Contractor is
responsible. Nothing in this Paragraph 4.06.H shall
obligate Contractor to indemnify any individual or
entity from and against the consequences of that
individual’s or entity’s own negligence.
I. The provisions of Paragraphs 4.02, 4.03,
and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 - BONDS AND INSURANCE
5.01
Performance, Payment, and Other Bonds
A. Contractor shall furnish performance and
payment bonds, each in an amount at least equal to
the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations
under the Contract Documents. These bonds shall
remain in effect until one year after the date when
final payment becomes due or until completion of
the correction period specified in Paragraph 13.07,
whichever is later, except as provided otherwise by
Laws or Regulations or by the Contract Documents.
Contractor shall also furnish such other bonds as
are required by the Contract Documents. Contractor
shall furnish a Contract Performance and Payment
Bond in the amount of the Contract Price as security
for the faithful performance and payment of all of
Contractor’s obligations under the Contract
Documents.
Such bond shall be in the form
included in the Project Manual or such other form
that meets the requirements of the Ohio Revised
Code. If the Contractor submitted a combined Bid
Guaranty and Contract Performance and Payment
Bond with its bid for the Work, that form of Bond
shall satisfy the Contractor’s requirement to provide
a Contract Performance and Payment Bond as
described herein. Contractor shall also furnish such
other bonds as are required by the Contract
Documents.
B. All bonds shall be in the form prescribed
by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be
executed by such sureties as are named in the
current list of “Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds
and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S.
Department of the Treasury. All bonds signed by an
agent must be accompanied by a certified copy of
the agent’s authority to act.
C. If the surety on any bond furnished by
Contractor is declared bankrupt or becomes
insolvent or its right to do business is terminated in
any state where any part of the Project is located or
it ceases to meet the requirements of Paragraph
5.01.B, Contractor shall promptly notify Owner and
Engineer and shall, within 20 days after the event
giving rise to such notification, provide another bond
and surety, both of which shall comply with the
requirements of Paragraphs 5.01.B and 5.02.
D. Material Default or Termination. If the
Owner notifies the Contractor’s surety that the
Contractor is in material default, the surety will
complete its investigation of the claimed material
default within 21 days. The surety is advised to start
looking for a replacement contractor upon notice of
material default. As part of its investigation, the
surety shall promptly visit the offices of the
Contractor, Engineer, and Owner to inspect and
copy the available Project records. The Owner,
Engineer, and Contractor, upon written request by
the surety, shall make such records available during
regular business hours for such inspection and
copying. The Owner and Engineer’s making such
records available as provided herein shall satisfy the
Owner’s obligation to the surety to furnish
documents for the investigation. The surety will
provide the Owner with the results of its
investigation, including any written report or
documents.
If the Owner terminates the Contract and the
surety proposes to takeover the Work, the surety
shall do so no later than the later of the expiration of
the 21-day investigation period or 10 days after the
date the Owner terminates the Contract, whichever
is later. If the Owner terminates the Contract, and
the surety proposes to provide a replacement
contractor, the replacement contractor shall be fully
capable of performing the Work in accordance with
If the Contractor is
terminated for cause, the replacement contractor
shall not be the Contractor or its employees, unless
3.16
the Owner agrees in writing. In the event the Surety
takes over the Project, the surety’s obligation shall
not be limited to the penal sum of the Bond.
If the surety does not propose an acceptable
contractor as required by this Paragraph 5.01.D, the
Owner may complete the Work by such means as it
deems appropriate. In the event the Owner agrees
to accept a replacement contractor, the replacement
contractor shall furnish its own bond for the
replacement contractor’s scope of work, and neither
the Contractor nor the surety shall be relieved of
their obligations under the Contract Documents.
This Paragraph 5.01.D is in addition to any
other rights of the Owner under the Contract
Documents and is not intended to create any rights
of the surety, including but not limited to the right to
take over the Contractor’s obligations.
In the event of the Contractor’s termination
and if the surety does not takeover the Work as
provided in this Paragraph 5.01.D., the Owner may
take possession of and use all materials, facilities
and equipment at the Project Site or stored off-site
for which Owner has paid in whole or in part.
5.02
Licensed Sureties and Insurers
A. All bonds and insurance required by the
Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained
from surety or insurance companies that are duly
licensed or authorized in the jurisdiction in which the
Project is located to issue bonds or insurance
policies for the limits and coverages so required.
Such surety and insurance companies shall also
meet such additional requirements and qualifications
as may be provided in the Modified General
Conditions.
5.03
Certificates of Insurance
certificates of insurance (and other evidence of
insurance requested by Contractor or any other
additional insured) which Owner is required to
purchase and maintain.
C. Failure of Owner to demand such
certificates or other evidence of full compliance with
these insurance requirements or failure of Owner to
identify a deficiency from evidence provided shall
not be construed as a waiver of Contractor's
obligation to maintain such insurance.
D. By requiring such insurance and
insurance limits herein, Owner does not represent
that coverage and limits will necessarily be adequate
to protect Contractor, and such coverage and limits
shall not be deemed as a limitation on Contractor's
liability under the indemnities granted to Owner in
5.04
Contractor’s Liability Insurance
A. Contractor shall purchase and maintain
such liability and other insurance as is appropriate
for the Work being performed and as will provide
protection from claims set forth below which may
arise out of or result from Contractor’s performance
of the Work and Contractor’s other obligations under
the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or
Supplier, or by anyone directly or indirectly
employed by any of them to perform any of the
Work, or by anyone for whose acts any of them may
be liable:
1. claims under workers’ compensation,
disability benefits, and other similar employee
benefit acts;
2. claims for damages because of bodily
injury, occupational sickness or disease, or death of
Contractor’s employees;
A. Contractor shall deliver to Owner, with
Supplementary Conditions, certificates of insurance
(and other evidence of insurance requested by
Owner or any other additional insured) which
Contractor is required to purchase and maintain.
Contractor shall deliver to Owner, with copies to
each additional insured identified in the Modified
General Conditions, certificates of insurance, copies
of endorsements, and other evidence of insurance
requested by Owner or any other additional insured,
which Contractor is required to purchase and
maintain.
injury, sickness or disease, or death of any person
other than Contractor’s employees;
B. Owner shall deliver to Contractor, with
Supplementary Modified General Conditions,
5. claims for damages, other than to the
Work itself, because of injury to or destruction of
4. claims for damages insured by
reasonably available personal injury liability
coverage which are sustained:
a. by any person as a result of an offense
directly or indirectly related to the employment of such person by Contractor, or
b. by any other person for any other reason;
3.17
tangible property wherever located, including loss of
use resulting therefrom; and
injury or death of any person or property damage
arising out of the ownership, maintenance or use of
any motor vehicle.
B. The policies of insurance required by this
Paragraph 5.04 shall:
1. with respect to insurance required by
Paragraphs 5.04.A.3 through 5.04.A.6 inclusive,
include as additional insured (subject to any
customary exclusion regarding professional liability)
Owner and Engineer, and any other individuals or
entities identified in the Supplementary Modified
General Conditions, all of whom shall be listed as
additional insureds, and include coverage for the
respective officers, directors, partners, employees,
agents, consultants and subcontractors of each and
any of all such additional insureds, and the
insurance afforded to these additional insureds shall
provide primary coverage for all claims covered
thereby;
2. include at least the specific coverages
and be written for not less than the limits of liability
provided in the Supplementary Conditions
5.04B.2.a. or required by Laws or Regulations,
whichever is greater;
a. The minimum limits of liability for the
required insurance policies listed in Paragraph
5.04.A shall not be less than the following unless a
greater amount is required by law:
1.
Commercial
General
Liability
(“CGL”):
Bodily injury (including death and
emotional distress) and property damage with limits
of $1,000,000 each occurrence and $2,000,000
aggregate.
CGL shall include (i) PremisesOperations, (ii) Explosion and Collapse Hazard, (iii)
Underground Hazard, (iv) Independent Contractors’
Protective, (v) Broad Form Property Damage,
including Completed Operations, (vi) Contractual
Liability, (vii) Products and Completed Operations,
(viii) Personal/Advertising Injury with Employment
Exclusion deleted, (ix) Stopgap liability with Ohio
Intentional Tort endorsement for $1,000,000 limit,
and (x) per project aggregate endorsement.
2.
Automobile Liability, covering all
owned, non-owned, and hired vehicles used in
connection with the Work: Bodily injury (including
death and emotional distress) and property damage
with a combined single limit of $1,000,000 per
person and $1,000,000 each accident.
3.
Such policies shall be supplemented
by an umbrella policy, also written on an occurrence
basis, to provide additional protection to provide
coverage in the total amount of $1,000,000 for each
occurrence and $1,000,000 aggregate for contracts
with a Contract Price of $250,000 or less;
$2,000,000 each occurrence and $2,000,000
aggregate for contracts with a Contract Price greater
than $250,000 but less than or equal to $500,000;
$3,000,000 each occurrence and $3,000,000
than $500,000 but less than or equal to $1,000,000;
and $5,000,000 each occurrence and $5,000,000
than $1,000,000.
The following provisions shall also apply to the
insurance provided by the Contractor:
1.
Contractor’s insurance
primary and non-contributory.
shall
be
2.
Insurance policies shall be written
on an occurrence basis only.
3.
The Contractor shall require all
Subcontractors to provide Workers’ Compensation,
CGL, and Automobile Liability Insurance with the
same minimum limits specified herein, unless the
Owner agrees to a lesser amount.
4.
Owner shall be named as a
certificate holder on the policies of insurance
maintained by Contractor. The Contractor shall
provide each additional insured with a certificate of
insurance.
5.
The additional insured endorsement
shall be ISO 20 10 11 85 or its equivalent so that
Completed Operations liability extends to the
additional insureds after the completion of the
Project.
3. include products
operations insurance;
and
completed
4. include contractual liability insurance
covering Contractor’s indemnity obligations under
Paragraphs 6.11 and 6.20;
5. contain a provision or endorsement that
the coverage afforded will not be canceled, materially changed with respect to coverage for the Project
or renewal refused until at least 30 days prior written
notice has been given to Owner and Contractor and
to each other additional insured identified in the
Supplementary Modified General Conditions to
whom a certificate of insurance has been issued
(and the certificates of insurance furnished by the
Contractor pursuant to Paragraph 5.03 will so
provide);
3.18
6. remain in effect at least until final payment
and at all times thereafter when Contractor may be
correcting, removing, or replacing defective Work in
accordance with Paragraph 13.07; and
7. with respect to products and completed
operations insurance, and any insurance coverage
written on a claims-made basis, remain in effect for
at least two years after final payment.
a. Contractor shall furnish Owner and each
other additional insured identified in the
Supplementary
Modified
General
Conditions, to whom a certificate of
insurance has been issued, evidence
satisfactory to Owner and any such
additional insured of continuation of such
insurance at final payment and one year
thereafter.
enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other
perils or causes of loss as may be specifically
required by the Supplementary Conditions;
3. include expenses incurred in the repair or
replacement of any insured property (including but
not limited to fees and charges of engineers and
architects);
4. cover materials and equipment stored at
the Site or at another location that was agreed to in
writing by Owner prior to being incorporated in the
Work, provided that such materials and equipment
have been included in an Application for Payment
recommended by Engineer;
5. allow for partial utilization of the Work by
Owner;
6. include testing and startup; and
5.05
Owner’s Liability Insurance
A. In addition to the insurance required to be
provided by Contractor under Paragraph 5.04,
Owner, at Owner’s option, may purchase and
maintain at Owner’s expense Owner’s own liability
insurance as will protect Owner against claims which
may arise from operations under the Contract Documents.
5.06
Property Insurance
A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and
maintain property insurance upon the Work at the
Site in the amount of the full replacement cost
thereof (subject to such deductible amounts as may
be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance
shall:
1. include the interests of Owner,
Contractor, Subcontractors, and Engineer, and any
other individuals or entities identified in the
Supplementary Conditions, and the officers,
directors, partners, employees, agents, consultants
and subcontractors of each and any of them, each of
whom is deemed to have an insurable interest and
shall be listed as an insured or additional insured;
2. be written on a Builder’s Risk “all-risk” or
open peril or special causes of loss policy form that
shall at least include insurance for physical loss or
damage to the Work, temporary buildings, false
work, and materials and equipment in transit, and
shall insure against at least the following perils or
causes of loss: fire, lightning, extended coverage,
theft, vandalism and malicious mischief, earthquake,
collapse, debris removal, demolition occasioned by
7. be maintained in effect until final payment
is made unless otherwise agreed to in writing by
Owner, Contractor, and Engineer with 30 days
written notice to each other additional insured to
whom a certificate of insurance has been issued.
A.
Contractor shall purchase and
maintain property insurance upon the Work at the
Site in the amount of full replacement cost thereof.
Insurance shall be completed value form.
1.
This insurance shall:
a.
include the interests of Owner,
Contractor, Subcontractors, Engineer, and
any other individuals or entities identified
herein, and the officers, directors, partners,
employees, agents, and other consultants
and subcontractors of any of them, each of
whom is deemed to have an insurable
interest and shall be listed as an insured or
additional insured (Insurance certificates
shall specifically indicate by name the
additional insureds which are to include
Owner and Engineer as well as other
individuals or entities so identified.);
b.
be written on a Builder's Risk "allrisk" form that shall at least include
insurance for physical loss and damage to
the Work, temporary buildings, falsework,
and materials and equipment in transit and
shall insure against at least the following
perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism, and
malicious mischief, earthquake, collapse,
debris removal, demolition occasioned by
enforcement of Laws and Regulations, water
3.19
damage (including that caused by flood or
hydrostatic pressure), and such other perils
or causes of loss as may be specifically
required
by
the
Modified
General
Conditions;
c.
include expenses incurred in the
repair or replacement of any insured
property (including but not limited to fees
and charges of engineers and architects);
d.
cover the total value of materials
and equipment supplied under the Contract
from the time Contractor takes possession
of them until they are installed and tested by
Contractor and the project is accepted as
complete by Owner under an endorsement
to this policy or in the form of Installation
Floater Insurance of the "all risk" type;
e.
allow for partial utilization of the
Work by Owner;
f.
include testing and startup; and
g.
be maintained in effect until final
payment is made unless otherwise agreed
to in writing by Owner, Contractor, and
Engineer with 30 days written notice to each
other additional insured to whom a
certificate of insurance has been issued.
2.
Contractor shall be responsible for
any deductible or self-insured retention.
3.
The policies of insurance required to
be purchased and maintained by Contractor
in accordance with this Paragraph 5.06.A
and shall comply with the requirements of
Paragraph
5.06.C.
of
the
General
Conditions.
B. Owner shall purchase and maintain such
boiler and machinery insurance or additional
property insurance as may be required by the
Supplementary Modified General Conditions or
Laws and Regulations which will include the
interests of Owner, Contractor, Subcontractors, and
Engineer, and any other individuals or entities
identified in the Supplementary Modified General
Conditions, and the officers, directors, partners,
employees, agents, consultants and subcontractors
of each and any of them, each of whom is deemed
to have an insurable interest and shall be listed as
an insured or additional insured.
C. All the policies of insurance (and the
certificates or other evidence thereof) required to be
purchased and maintained in accordance with
Paragraph 5.06 will contain a provision or
endorsement that the coverage afforded will not be
canceled or materially changed or renewal refused
until at least 30 days prior written notice has been
given to Owner and Contractor and to each other
additional insured to whom a certificate of insurance
has been issued and will contain waiver provisions
in accordance with Paragraph 5.07.
D. Owner shall not be responsible for
purchasing and maintaining any property insurance
specified in this Paragraph 5.06 to protect the
interests of Contractor, Subcontractors, or others in
the Work to the extent of any deductible amounts
that are identified in the Supplementary Conditions.
Contractor shall pay all deductible provisions
applicable to claims related to the Project made
under and paid by insurance. If more than one
Contractor is responsible for the incident giving rise
to the insurance coverage, the Contractors shall be
responsible on a pro rata basis, according to their
responsibility for the occurrence or accident giving
rise to the claim, for payment of the deductible. The
maximum deductible shall be $5,000. The risk of
loss within such identified deductible amount will be
borne by Contractor, Subcontractors, or others
suffering any such loss, and if any of them wishes
property insurance coverage within the limits of such
amounts, each may purchase and maintain it at the
purchaser’s own expense.
E. If Contractor requests in writing that other
special insurance be included in the property
insurance policies provided under Paragraph 5.06,
Owner shall, if possible, include such insurance, and
the cost thereof will be charged to Contractor by
appropriate Change Order. Prior to commencement
of the Work at the Site, Owner shall in writing advise
Contractor whether or not such other insurance has
been procured by Owner.
5.07
Waiver of Rights
A. Owner and Contractor intend that all
policies purchased in accordance with Paragraph
5.06 will protect Owner, Contractor, Subcontractors,
and Engineer, and all other individuals or entities
identified in the Supplementary Modified General
Conditions to be listed as insureds or additional
insureds (and the officers, directors, partners,
of each and any of them) in such policies and will
provide primary coverage for all losses and
damages caused by the perils or causes of loss
covered thereby. All such policies shall contain
provisions to the effect that in the event of payment
of any loss or damage the insurers will have no
rights of recovery against any of the insureds or
additional insureds thereunder. Owner and
Contractor waive all rights against each other and
their respective officers, directors, partners,
3.20
of each and any of them for all losses and damages
caused by, arising out of or resulting from any of the
perils or causes of loss covered by such policies and
any other property insurance applicable to the Work;
and, in addition, waive all such rights against
Subcontractors, and Engineer, and all other
individuals or entities identified in the Supplementary
Modified General Conditions to be listed as insured
or additional insured (and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them) under such
policies for losses and damages so caused. None of
the above waivers shall extend to the rights that any
party making such waiver may have to the proceeds
of insurance held by Owner as trustee or otherwise
payable under any policy so issued.
B. Owner waives all rights against
Contractor, Subcontractors, and Engineer, and the
officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of
them for:
1. loss due to business interruption, loss of
use, or other consequential loss extending beyond
direct physical loss or damage to Owner’s property
or the Work caused by, arising out of, or resulting
from fire or other perils whether or not insured by
Owner; and
2. loss or damage to the completed Project
or part thereof caused by, arising out of, or resulting
from fire or other insured peril or cause of loss
covered by any property insurance maintained on
the completed Project or part thereof by Owner
during partial utilization pursuant to Paragraph
14.05, after Substantial Completion pursuant to
Paragraph 14.04, or after final payment pursuant to
Paragraph 14.07.
C. Any insurance policy maintained by
Owner covering any loss, damage or consequential
loss referred to in Paragraph 5.07.B shall contain
provisions to the effect that in the event of payment
of any such loss, damage, or consequential loss, the
insurers will have no rights of recovery against
Contractor, Subcontractors, or Engineer, and the
them.
5.08
Receipt
Proceeds
and
Application
of
applicable mortgage clause and of Paragraph
5.08.B. Owner shall deposit in a separate account
any money so received and shall distribute it in
accordance with such agreement as the parties in
interest may reach. If no other special agreement is
reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account
thereof, and the Work and the cost thereof covered
by an appropriate Change Order .
B. Owner as fiduciary shall have power to
adjust and settle any loss with the insurers unless
one of the parties in interest shall object in writing
within 15 days after the occurrence of loss to
Owner’s exercise of this power. If such objection be
made, Owner as fiduciary shall make settlement with
the insurers in accordance with such agreement as
the parties in interest may reach. If no such
agreement among the parties in interest is reached,
Owner as fiduciary shall adjust and settle the loss
with the insurers and, if required in writing by any
party in interest, Owner as fiduciary shall give bond
for the proper performance of such duties.
5.09
Acceptance of Bonds and Insurance; Option
to Replace
A. If either Owner or Contractor has any
objection to the coverage afforded by or other provisions of the bonds or insurance required to be
purchased and maintained by the other party in
accordance with Article 5 on the basis of
non-conformance with the Contract Documents, the
objecting party shall so notify the other party in
writing within 10 days after receipt of the certificates
(or other evidence requested) required by Paragraph
2.01.B. Owner and Contractor shall each provide to
the other such additional information in respect of
insurance provided as the other may reasonably
request. If either party does not purchase or
maintain all of the bonds and insurance required of
such party by the Contract Documents, such party
shall notify the other party in writing of such failure to
purchase prior to the start of the Work, or of such
failure to maintain prior to any change in the
required coverage. Without prejudice to any other
right or remedy, the other party may elect to obtain
equivalent bonds or insurance to protect such other
party's interests at the expense of the party who was
required to provide such coverage, and a Change
Order shall be issued to adjust the Contract Price
accordingly.
Insurance
5.10
Partial Utilization,
Property Insurer
A. Any insured loss under the policies of
insurance required by Paragraph 5.06 will be
adjusted with Owner and made payable to Owner as
fiduciary for the insureds, as their interests may
appear, subject to the requirements of any
Acknowledgment
of
A. If Owner finds it necessary to occupy or
use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in
Paragraph 14.05, no such use or occupancy shall
3.21
commence before the insurers providing the
property insurance pursuant to Paragraph 5.06 have
acknowledged notice thereof and in writing effected
any changes in coverage necessitated thereby. The
insurers providing the property insurance shall
consent by endorsement on the policy or policies,
but the property insurance shall not be canceled or
permitted to lapse on account of any such partial
use or occupancy.
5.11
Contractor
Insurance
Railroad
Protective
Liability
A. On behalf of the Indiana & Ohio Rail
System, Contractor shall provide a Railroad
Protective Liability policy of insurance providing a
combined single limit for damages arising out of
bodily injuries to or death of one or more persons
and out of injury or destruction of property including
such property in the care, custody and control of the
Railroad Company in the amount of $2,000,000.00
per occurrence and subject to that limit per
occurrence, and aggregate limit in the amount of
$6,000,000.00 for each annual period.
B.
The Railroad Protective Policy of
insurance shall conform to the Railroad Liability
requirements prescribed by the Federal Highway
Administration in Federal Highway Policy Guide 23
CFR 646A as amended.
C.
The Railroad Protective Policy of
insurance shall be with an acceptable insurance
company authorized to do business in the State of
Ohio, and shall be obtained before the execution of
the Agreement by Owner and kept in effect until all
work required to be performed under the terms of
the Agreement is satisfactorily completed as
evidenced by the Engineer issuing a Certificate of
Final Completion.
D. Contractor shall provide a copy of the
Railroad Protective Policy of insurance to Owner
within seven (7) calendar days after the award of the
contract or such other time designated by the
Engineer.
ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES
6.01
Supervision and Superintendence
A. Contractor shall supervise, inspect, and
direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and
expertise as may be necessary to perform the Work
in accordance with the Contract Documents.
Contractor shall be solely responsible for the means,
methods, techniques, sequences, and procedures of
construction. Contractor shall not be responsible for
the negligence of Owner or Engineer in the design
or specification of a specific means, method, technique, sequence, or procedure of construction which
is shown or indicated in and expressly required by
B. At all times during the progress of the
Work, Contractor shall assign a competent resident
project superintendent who shall not be replaced
without written notice to Owner and Engineer except
under extraordinary circumstances. The superintendent will be Contractor’s representative at the Site
and shall have authority to act on behalf of
Contractor. All communications given to or received
from the superintendent shall be binding on
Contractor.
6.02
Labor; Working Hours
A. Contractor shall provide competent,
suitably qualified personnel to survey and lay out the
Work and perform construction as required by the
Contract Documents. Contractor shall at all times
maintain good discipline and order at the Site.
B. Except as otherwise required for the
safety or protection of persons or the Work or
property at the Site or adjacent thereto, and except
as otherwise stated in the Contract Documents, all
Work at the Site shall be performed during regular
working hours. Contractor will not permit the
performance of Work on a Saturday, Sunday, Shut
Down Dates as defined in Paragraph 17.10 or any
legal holiday without Owner’s written consent (which
will not be unreasonably withheld) given after prior
written notice to Engineer.
6.03
Services, Materials, and Equipment
A. Unless otherwise specified in the
Contract Documents, Contractor shall provide and
assume full responsibility for all services, materials,
equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel,
power, light, heat, telephone, water, sanitary
facilities, temporary facilities, and all other facilities
and incidentals necessary for the performance,
testing, start-up, and completion of the Work.
B. All materials and equipment incorporated
into the Work shall be as specified or, if not
specified, shall be of good quality and new, except
as otherwise provided in the Contract Documents.
All special warranties and guarantees required by
the Specifications shall expressly run to the benefit
of Owner. If required by Engineer, Contractor shall
furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of
materials and equipment. Suppliers shall be deemed
to impliedly warrant that their products and all
3.22
component materials incorporated into them are
suitable and fit for the intended use of such products
and shall be free from defect in material,
workmanship or design, such warranty to run to the
benefit of Owner and Engineer. The foregoing
applies whether the products or their component
materials are specified in the Contract Documents or
are of Supplier’s design.
C. All materials and equipment shall be
stored, applied, installed, connected, erected,
protected, used, cleaned, and conditioned in
accordance with instructions of the applicable
Supplier, except as otherwise may be provided in
6.04
Progress Schedule
A. Contractor shall adhere to the Progress
Schedule established in accordance with Paragraph
2.07 as it may be adjusted from time to time as
provided below.
1. Contractor shall submit to Engineer for
acceptance (to the extent indicated in Paragraph
2.07) proposed adjustments in the Progress
Schedule that will not result in changing the Contract
Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto.
2. Proposed adjustments in the Progress
Schedule that will change the Contract Times shall
be submitted in accordance with the requirements of
Article 12. Adjustments in Contract Times may only
be made by a Change Order.
B. THE PERIODS OF TIME IN THE
PROJECT CONSTRUCTION SCHEDULE ARE OF
THE ESSENCE TO THIS CONTRACT.
THE
CONTRACTOR SHALL PROSECUTE ITS WORK
IN ACCORDANCE WITH THE CURRENT
PROJECT CONSTRUCTION SCHEDULE.
1. Notice of Delays. The Contractor shall
give the Owner and the Engineer verbal notice of
any delay affecting its Work within two (2) business
days of the commencement of the delay.
In
addition, the Contractor shall give the Owner and
Engineer written notice of the delay within ten (10)
business days of the commencement of the delay
with specific recommendations about how to
minimize the effect of the delay. The written notice
of the delay shall conspicuously state that it is a
"NOTICE OF DELAY." A notice of a delay shall not
constitute the submission of a Claim. The failure to
give either of the required notices will be an
irrevocable waiver of the Contractor's right to seek
an extension of time and/or compensation or
damages for the delay. Any extensions of time will
only be granted pursuant to the procedures set forth
under Paragraph 12.02.
The Contractor
acknowledges and agrees that timely notice of
delays gives the Owner the opportunity to take
action to minimize the cost and/or effect of delays.
6.05
Substitutes and “Or-Equals”
A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the
name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless the
specification or description contains or is followed by
words reading that no like, equivalent, or “or-equal”
item or no substitution is permitted, other items of
material or equipment or material or equipment of
other Suppliers may be submitted to Engineer for
review under the circumstances described below.
1. “Or-Equal” Items: If in Engineer’s sole
discretion an item of material or equipment proposed
by Contractor is functionally equal to that named and
sufficiently similar so that no change in related Work
will be required, it may be considered by Engineer
as an “or-equal” item, in which case review and
approval of the proposed item may, in Engineer’s
sole discretion, be accomplished without compliance
with some or all of the requirements for approval of
proposed substitute items. For the purposes of this
Paragraph 6.05.A.1, a proposed item of material or
equipment will be considered functionally equal to
an item so named if:
a. in the exercise of reasonable judgment
Engineer determines that:
1) it is at least equal in materials of
construction, quality, durability, appearance,
strength, and design characteristics;
2) it will reliably perform at least
equally well the function and achieve the
results imposed by the design concept of the
completed Project as a functioning whole,
3) it has a proven record of
performance and availability of responsive
service; and
b. Contractor certifies that, if approved and
incorporated into the Work:
1) there will be no increase in cost
to the Owner or increase in Contract Times,
and
3.23
2) it will conform substantially to the
detailed requirements of the item named in
2. Substitute Items
a. If in Engineer’s sole discretion an item of
material or equipment proposed by
Contractor does not qualify as an “or-equal”
item under Paragraph 6.05.A.1, it will be
considered a proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow Engineer to
determine that the item of material or
equipment proposed is essentially equivalent to that named and an acceptable
substitute therefor. Requests for review of
proposed substitute items of material or
equipment will not be accepted by Engineer
from anyone other than Contractor.
c. The requirements for review by Engineer
will be as set forth in Paragraph 6.05.A.2.d,
as
supplemented
in
the
General
Requirements and as Engineer may decide
is appropriate under the circumstances.
d. Contractor shall make written application
to Engineer for review of a proposed
substitute item of material or equipment that
Contractor seeks to furnish or use. The
application:
1) shall certify that the proposed
substitute item will:
a) perform adequately the functions
and achieve the results called for by
the general design,
b) be similar in substance to that
specified, and
c) be suited to the same use as that
specified;
2) will state:
a) the extent, if any, to which the
use of the proposed substitute item
will
prejudice
Contractor’s
achievement of Substantial Completion on time;
b) whether or not use of the
proposed substitute item in the
Work will require a change in any of
the Contract Documents (or in the
provisions of any other direct
contract with Owner for other work
on the Project) to adapt the design
to the proposed substitute item; and
c) whether or not incorporation or
use of the proposed substitute item
in connection with the Work is subject to payment of any license fee or
royalty;
3) will identify:
a) all variations of the proposed
substitute item from that specified ,
and
b) available engineering,
maintenance,
repair,
replacement services;
sales,
and
4) and shall contain an itemized
estimate of all costs or credits that will result
directly or indirectly from use of such
substitute item, including costs of redesign
and claims of other contractors affected by
any resulting change,
B. Substitute Construction Methods or
Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly
required by the Contract Documents, Contractor
may furnish or utilize a substitute means, method,
technique, sequence, or procedure of construction
approved by Engineer. Contractor shall submit
sufficient information to allow Engineer, in
Engineer’s sole discretion, to determine that the
substitute proposed is equivalent to that expressly
called for by the Contract Documents. The
requirements for review by Engineer will be similar to
those provided in Paragraph 6.05.A.2.
C. Engineer’s Evaluation: Engineer will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
Paragraphs 6.05.A and 6.05.B. Engineer may
require Contractor to furnish additional data about
the proposed substitute item. Engineer will be the
sole judge of acceptability. No “or equal” or
substitute will be ordered, installed or utilized until
Engineer’s review is complete, which will be
evidenced by either a Change Order for a substitute
or an approved Shop Drawing for an “or equal.”
Engineer will advise Contractor in writing of any
negative determination.
D. Special Guarantee: Owner may require
Contractor to furnish at Contractor’s expense a
special performance guarantee or other surety with
respect to any substitute.
3.24
E.
Engineer’s
Cost
Reimbursement:
Engineer will record Engineer’s costs in evaluating a
substitute proposed or submitted by Contractor
pursuant to Paragraphs 6.05.A.2 and 6.05.B
Whether or not Engineer approves a substitute item
so proposed or submitted by Contractor, Contractor
shall reimburse Owner for the charges of Engineer
for evaluating each such proposed substitute.
Contractor shall also reimburse Owner for the
charges of Engineer for making changes in the
Contract Documents (or in the provisions of any
other direct contract with Owner) resulting from the
acceptance of each proposed substitute.
F. Contractor’s Expense: Contractor shall
provide all data in support of any proposed
substitute or “or-equal” at Contractor’s expense.
6.06
Concerning Subcontractors, Suppliers, and
Others
A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in
Paragraph 6.06.B), whether initially or as a
replacement, against whom Owner may have
reasonable objection. Contractor shall not be
required to employ any Subcontractor, Supplier, or
other individual or entity to furnish or perform any of
the Work against whom Contractor has reasonable
objection. If Owner or Engineer after due
investigations has reasonable objections to any
proposed Subcontractor, Supplier, or other individual
or entity, either may request Contractor submit an
acceptable substitute without an increase in
Contract Price.
B. If the Supplementary Modified General
Conditions require the identity of certain
Subcontractors, Suppliers, or other individuals or
entities to be submitted to Owner in advance for
acceptance by Owner by a specified date prior to the
Effective Date of the Agreement, and if Contractor
has submitted a list thereof in accordance with the
Supplementary Modified General Conditions,
Owner’s acceptance (either in writing or by failing to
make written objection thereto by the date indicated
for acceptance or objection in the Bidding
Documents or the Contract Documents) of any such
Subcontractor, Supplier, or other individual or entity
so identified may be revoked on the basis of reasonable objection after due investigation. Contractor
shall submit an acceptable replacement for the
rejected Subcontractor, Supplier, or other individual
or entity, and the Contract Price will be adjusted by
the difference in the cost occasioned by such
replacement, and an appropriate Change Order will
be issued . No acceptance by Owner of any such
Subcontractor, Supplier, or other individual or entity,
whether initially or as a replacement, shall constitute
a waiver of any right of Owner or Engineer to reject
defective Work.
C. Contractor shall be fully responsible to
Owner and Engineer for all acts and omissions of
the Subcontractors, Suppliers, and other individuals
or entities performing or furnishing any of the Work
just as Contractor is responsible for Contractor’s
own acts and omissions. Nothing in the Contract
Documents:
1. shall create for the benefit of any such
Subcontractor, Supplier, or other individual or entity
any contractual relationship between Owner or
Engineer and any such Subcontractor, Supplier or
other individual or entity, nor
2. shall anything in the Contract Documents
create any obligation on the part of Owner or
Engineer to pay or to see to the payment of any
moneys due any such Subcontractor, Supplier, or
other individual or entity except as may otherwise be
required by Laws and Regulations.
D. Contractor shall be solely responsible for
scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities
performing or furnishing any of the Work under a
direct or indirect contract with Contractor.
E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities
performing or furnishing any of the Work to communicate with Engineer through Contractor.
F. The divisions and sections of the
Specifications and the identifications of any
Drawings shall not control Contractor in dividing the
Work among Subcontractors or Suppliers or
delineating the Work to be performed by any specific
trade.
G. All Work performed for Contractor by a
Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the
Subcontractor or Supplier which specifically binds
the Subcontractor or Supplier to the applicable terms
and conditions of the Contract Documents for the
benefit of Owner and Engineer. Whenever any such
agreement is with a Subcontractor or Supplier who
is listed as an additional insured on the property
insurance provided in Paragraph 5.06, the
agreement between the Contractor and the
Subcontractor or Supplier will contain provisions
whereby the Subcontractor or Supplier waives all
rights against Owner, Contractor, and Engineer,,
and all other individuals or entities identified in the
Supplementary Modified General Conditions to be
listed as insureds or additional insureds (and the
3.25
them) for all losses and damages caused by, arising
out of, relating to, or resulting from any of the perils
or causes of loss covered by such policies and any
other property insurance applicable to the Work. If
the insurers on any such policies require separate
waiver forms to be signed by any Subcontractor or
Supplier, Contractor will obtain the same.
6.07
Patent Fees and Royalties
A. Contractor shall pay all license fees and
royalties and assume all costs incident to the use in
the performance of the Work or the incorporation in
the Work of any invention, design, process, product,
or device which is the subject of patent rights or
copyrights held by others. If a particular invention,
design, process, product, or device is specified in
the Contract Documents for use in the performance
of the Work and if to the actual knowledge of Owner
or Engineer its use is subject to patent rights or
copyrights calling for the payment of any license fee
or royalty to others, the existence of such rights shall
be disclosed by Owner in the Contract Documents.
B. To the fullest extent permitted by Laws
any infringement of patent rights or copyrights
incident to the use in the performance of the Work or
resulting from the incorporation in the Work of any
invention, design, process, product, or device not
specified in the Contract Documents.
6.08
Permits
A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay
for all construction permits and licenses. Owner shall
assist Contractor, when necessary, in obtaining such
permits and licenses. Contractor shall pay all
governmental charges and inspection fees
necessary for the prosecution of the Work which are
applicable at the time of opening of Bids, or, if there
are no Bids, on the Effective Date of the Agreement.
Owner shall pay all charges of utility owners for
connections for providing permanent service to the
Work. Unless otherwise indicated in the General
Requirements, Owner will obtain and pay for permits
for construction on or across railroad company
property, for permits from municipalities and
agencies, for work in highways, waterways, and
wetlands, and for permits required for construction in
public right-of-way. See General Requirements for
listing and specific requirements of permits obtained
by Owner.
6.09
Laws and Regulations
A. Contractor shall give all notices required
by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except
where otherwise expressly required by applicable
Laws and Regulations, neither Owner nor Engineer
shall be responsible for monitoring Contractor’s
compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing
or having reason to know that it is contrary to Laws
or Regulations, Contractor shall bear all claims,
costs, losses, and damages (including but not
arising out of or relating to such Work. However, it
shall not be Contractor’s primary responsibility to
make certain that the Specifications and Drawings
are in accordance with Laws and Regulations, but
this shall not relieve Contractor of Contractor’s
obligations under Paragraph 3.03.
C. Changes in Laws or Regulations not
known at the time of opening of Bids (or, on the
Effective Date of the Agreement if there were no
Bids) having an effect on the cost or time of
performance of the Work shall be the subject of an
adjustment in Contract Price or Contract Times. If
Owner and Contractor are unable to agree on
entitlement to or on the amount or extent, if any, of
any such adjustment, a Claim may be made therefor
as provided in Paragraph 10.05.
6.10
Taxes
A. Contractor shall pay all sales, consumer,
use, and other similar taxes required to be paid by
Contractor in accordance with the Laws and
Regulations of the place of the Project which are
applicable during the performance of the Work.
B.
Materials purchased for use or
consumption in connection with the proposed Work
will be exempt from the State of Ohio Sales Tax, as
provided in Section 5739.02 of the Ohio Revised
Code, and also from the State of Ohio Use Tax, as
provided in Section 5741.01 of the Ohio Revised
Code. The Owner will provide the Contractor with a
Construction Tax Exempt Certificate upon request,
made through the Engineer.
C.
Purchases by the Contractor of
expendable items, such as form lumber, tools, oil,
greases, fuel, or equipment rentals, are subject to
3.26
the application of Ohio Sales or Use Taxes.
D. Contractor shall withhold all income
taxes due to the Owner for wages, salaries and
commissions paid to its employees for work done
under this Agreement and further agrees that any of
its subcontractors shall, by the terms of its
subcontract, be required to withhold any such
income taxes due for work performed under this
Agreement.
6.11
Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas
1. Contractor shall confine construction
equipment, the storage of materials and equipment,
and the operations of workers to the Site and other
areas permitted by Laws and Regulations, and shall
not unreasonably encumber the Site and other areas
with construction equipment or other materials or
equipment.
Contractor
shall
assume
full
responsibility for any damage to any such land or
area, or to the owner or occupant thereof, or of any
adjacent land or areas resulting from the
performance of the Work.
2. Should any claim be made by any such
owner or occupant because of the performance of
the Work, Contractor shall promptly settle with such
other party by negotiation or otherwise resolve the
claim by arbitration or other dispute resolution
proceeding or at law.
Work and make it ready for utilization by Owner. At
the completion of the Work Contractor shall remove
from the Site all tools, appliances, construction
equipment and machinery, and surplus materials
and shall restore to original condition all property not
designated for alteration by the Contract
Documents.
D. Loading Structures: Contractor shall not
load nor permit any part of any structure to be
loaded in any manner that will endanger the
structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures
that will endanger it.
6.12
A. Contractor shall maintain in a safe place
at the Site one two record copy copies of all
Drawings, Specifications, Addenda, Change Orders,
Work Change Directives, Field Orders, and written
interpretations and clarifications in good order and
annotated to show changes made during construction. These record documents together with all
approved Samples and a counterpart of all approved
Shop Drawings will be available to Engineer for
reference. Upon completion of the Work, these
record documents, Samples, and Shop Drawings will
be delivered to Engineer for Owner.
Upon
completion of the Work, these record documents,
samples, and shop drawings shall be delivered by
Contractor to Owner.
6.13
3. To the fullest extent permitted by Laws
any claim or action, legal or equitable, brought by
any such owner or occupant against Owner,
Engineer, or any other party indemnified hereunder
to the extent caused by or based upon Contractor's
B. Removal of Debris During Performance of
the Work: During the progress of the Work
Contractor shall keep the Site and other areas free
from accumulations of waste materials, rubbish, and
other debris. Removal and disposal of such waste
materials, rubbish, and other debris shall conform to
applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion
of the Work Contractor shall clean the Site and the
Record Documents
Safety and Protection
A. Contractor shall be solely responsible for
initiating, maintaining and supervising all safety
precautions and programs in connection with the
Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or
loss to:
1. all persons on the Site or who may be
affected by the Work;
2. all the Work and materials and equipment
to be incorporated therein, whether in storage on or
off the Site; and
3. other property at the Site or adjacent
thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable
Laws and Regulations relating to the safety of
persons or property, or to the protection of persons
or property from damage, injury, or loss; and shall
3.27
erect and maintain all necessary safeguards for
such safety and protection. Contractor shall notify
owners of adjacent property and of Underground
Facilities and other utility owners when prosecution
of the Work may affect them, and shall cooperate
with them in the protection, removal, relocation, and
replacement of their property.
C. All damage, injury, or loss to any property
referred to in Paragraph 6.13.A.2 or 6.13.A.3
caused, directly or indirectly, in whole or in part, by
Contractor, any Subcontractor, Supplier, or any
other individual or entity directly or indirectly employed by any of them to perform any of the Work, or
anyone for whose acts any of them may be liable,
shall be remedied by Contractor (except damage or
loss attributable to the fault of Drawings or
Specifications or to the acts or omissions of Owner
or Engineer, or anyone employed by any of them, or
anyone for whose acts any of them may be liable,
and not attributable, directly or indirectly, in whole or
in part, to the fault or negligence of Contractor or
any Subcontractor, Supplier, or other individual or
entity directly or indirectly employed by any of them).
D. Contractor’s duties and responsibilities
for safety and for protection of the Work shall
continue until such time as all the Work is completed
and Engineer has issued a notice to Owner and
Contractor in accordance with Paragraph 14.07.B
that the Work is acceptable (except as otherwise expressly provided in connection with Substantial
Completion).
6.14
Safety Representative
A. Contractor shall designate a qualified and
experienced safety representative at the Site whose
duties and responsibilities shall be the prevention of
accidents and the maintaining and supervising of
safety precautions and programs.
B. Contractor shall keep at the Site at all
times during the progress of the Work a competent
person to comply with OSHA trenching and
excavation requirements. The competent person
shall be one who is capable of identifying existing
and predictable hazards in the surroundings, or
working conditions that are unsanitary, hazardous or
dangerous to employees, and who has authorization
to take prompt corrective measures to eliminate
them.
6.15
Hazard Communication Programs
A. Contractor shall be responsible for coordinating any exchange of material safety data sheets
or other hazard communication information required
to be made available to or exchanged between or
among employers at the Site in accordance with
Laws or Regulations.
6.16
Emergencies
A. In emergencies affecting the safety or
protection of persons or the Work or property at the
Site or adjacent thereto, Contractor is obligated to
act to prevent threatened damage, injury, or loss.
Contractor shall give Engineer prompt written notice
if Contractor believes that any significant changes in
the Work or variations from the Contract Documents
have been caused thereby or are required as a
result thereof. If Engineer determines that a change
in the Contract Documents is required because of
the action taken by Contractor in response to such
an emergency, a Work Change Directive or Change
Order will be issued.
6.17
Shop Drawings and Samples
A. Contractor shall submit Shop Drawings
and Samples to Engineer for review and approval in
accordance with the acceptable Schedule of
Submittals (as required by Paragraph 2.07). Each
submittal will be identified as Engineer may require.
1. Shop Drawings
a. Submit number of copies specified in the
General Requirements.
b. Data shown on the Shop Drawings will be
complete with respect to quantities, dimensions, specified performance and design
criteria, materials, and similar data to show
Engineer the services, materials, and
equipment Contractor proposes to provide
and to enable Engineer to review the
information for the limited purposes required
by Paragraph 6.17.D.
2. Samples: Contractor shall also submit
Samples to Engineer for review and approval in
accordance with the acceptable schedule of Shop
Drawings and Sample submittals.
a. Submit number of Samples specified in
the Specifications.
b. Clearly identify each Sample as to
material, Supplier, pertinent data such as
catalog numbers, the use for which intended
and other data as Engineer may require to
enable Engineer to review the submittal for
the limited purposes required by Paragraph
6.17.D.
B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule
3.28
of Submittals , any related Work performed prior to
Engineer’s review and approval of the pertinent
submittal will be at the sole expense and
responsibility of Contractor.
C. Submittal Procedures
1. Before submitting each Shop Drawing or
Sample, Contractor shall have determined and verified:
a. all field measurements, quantities, dimensions, specified performance and design
criteria, installation requirements, materials,
catalog numbers, and similar information
with respect thereto;
b. the suitability of all materials with respect
to intended use, fabrication, shipping, handling, storage, assembly, and installation
pertaining to the performance of the Work;
c. all information relative to Contractor’s
responsibilities for means, methods, techniques, sequences, and procedures of
construction, and safety precautions and
programs incident thereto; and
d. shall also have reviewed and coordinated
each Shop Drawing or Sample with other
Shop Drawings and Samples and with the
requirements of the Work and the Contract
Documents.
2. Each submittal shall bear a stamp or
specific written certification that Contractor has satisfied Contractor’s obligations under the Contract
Documents with respect to Contractor’s review and
approval of that submittal.
3. With each submittal, Contractor shall give
Engineer specific written notice of any variations,
that the Shop Drawing or Sample may have from the
requirements of the Contract Documents. This notice
shall be both a written communication separate from
the Shop Drawing’s or Sample Submittal; and, in
addition, by a specific notation made on each Shop
Drawing or Sample submitted to Engineer for review
and approval of each such variation.
D. Engineer’s Review
1. Engineer will provide timely review of
Shop Drawings and Samples in accordance with the
Schedule of Submittals acceptable to Engineer.
Engineer’s review and approval will be only to determine if the items covered by the submittals will, after
installation or incorporation in the Work, conform to
the information given in the Contract Documents and
be compatible with the design concept of the
completed Project as a functioning whole as
indicated by the Contract Documents.
2. Engineer’s review and approval will not
extend to means, methods, techniques, sequences,
or procedures of construction (except where a
particular means, method, technique, sequence, or
procedure of construction is specifically and expressly called for by the Contract Documents) or to
safety precautions or programs incident thereto. The
review and approval of a separate item as such will
not indicate approval of the assembly in which the
item functions.
3. Engineer’s review and approval shall not
relieve Contractor from responsibility for any
variation from the requirements of the Contract
Documents unless Contractor has complied with the
requirements of Paragraph 6.17.C.3 and Engineer
has given written approval of each such variation by
specific written notation thereof incorporated in or
accompanying the Shop Drawing or Sample.
Engineer’s review and approval shall not relieve
Contractor from responsibility for complying with the
requirements of Paragraph 6.17.C.1.
E. Resubmittal Procedures
1. Contractor shall make corrections
required by Engineer and shall return the required
number of corrected copies of Shop Drawings and
submit, as required, new Samples for review and
approval. Contractor shall direct specific attention in
writing to revisions other than the corrections called
for by Engineer on previous submittals.
6.18
Continuing the Work
A. Contractor shall carry on the Work and
adhere to the Progress Schedule during all disputes
or disagreements with Owner. No Work shall be
delayed or postponed pending resolution of any
disputes or disagreements, except as permitted by
Paragraph 15.04 or as Owner and Contractor may
otherwise agree in writing.
6.19
tee
Contractor’s General Warranty and Guaran-
A. Contractor warrants and guarantees to
Owner that all Work will be in accordance with the
Contract Documents and will not be defective.
Engineer and its Related Entities shall be entitled to
rely on representation of Contractor’s warranty and
guarantee.
B. Contractor’s warranty and guarantee
hereunder excludes defects or damage caused by:
3.29
1. abuse, modification, or improper maintenance or operation by persons other than
Contractor, Subcontractors, Suppliers, or any other
individual or entity for whom Contractor is
responsible; or
2. normal wear and tear under normal
usage.
C. Contractor’s obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following
will constitute an acceptance of Work that is not in
accordance with the Contract Documents or a
release of Contractor’s obligation to perform the
Work in accordance with the Contract Documents:
1. observations by Engineer;
2. recommendation by Engineer or payment
by Owner of any progress or final payment;
3. the issuance of a certificate of Substantial
Completion by Engineer or any payment related
thereto by Owner;
4. use or occupancy of the Work or any part
thereof by Owner;
5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice
of acceptability by Engineer;
6. any inspection, test, or approval by
others; or
7. any correction of defective Work by
Owner.
6.20
the Work or anyone for whose acts any of them may
be liable . To the fullest extent permitted by Laws
and Regulations, Contractor shall indemnify, hold
harmless, and defend Owner and Engineer, and the
consultants, and subcontractors of each and any of
them, from and against all claims, (whether alleged
or proven), demands, costs, losses, and damages
the performance of the Work, including the breach of
any warranty provided in the Contract Documents.
The Contractor’s obligations under this Paragraph
6.20.A are joint and several.
B. In any and all claims against Owner or
Engineer or any of their respective consultants,
agents, officers, directors, partners, or employees by
any employee (or the survivor or personal
representative of such employee) of Contractor, any
Subcontractor, any Supplier, or any individual or
entity directly or indirectly employed by any of them
to perform any of the Work, or anyone for whose
acts any of them may be liable, the indemnification
obligation under Paragraph 6.20.A shall not be
limited in any way by any limitation on the amount or
type of damages, compensation, or benefits payable
by or for Contractor or any such Subcontractor,
Supplier, or other individual or entity under workers’
compensation acts, disability benefit acts, or other
employee benefit acts.
C. The indemnification obligations of
Contractor under Paragraph 6.20.A shall not extend
to the liability of Engineer and Engineer’s officers,
and subcontractors arising out of:
Indemnification
A. To the fullest extent permitted by Laws
the performance of the Work, provided that any such
claim, cost, loss, or damage is attributable to bodily
injury, sickness, disease, or death, or to injury to or
destruction of tangible property (other than the Work
itself), including the loss of use resulting therefrom
but only to the extent caused by any negligent act or
omission of Contractor, any Subcontractor, any
Supplier, or any individual or entity directly or
indirectly employed by any of them to perform any of
1. the preparation or approval of, or the
failure to prepare or approve, maps, Drawings,
opinions, reports, surveys, Change Orders, designs,
or Specifications
the preparation of Drawings,
Specifications, or Property Surveys; or
2. giving directions or instructions, or failing
to give them, if that is the primary cause of the injury
or damage.
D. For any matter for which Engineer is
indemnified under Paragraph 6.20.A, Contractor
shall pay for Engineer's reasonable defense,
including, but not limited to, all fees and charges of
dispute resolution costs or awards until Engineer is
found negligent.
3.30
6.21
Delegation of Professional Design Services
A. Contractor will not be required to provide
professional design services unless such services
are specifically required by the Contract Documents
for a portion of the Work or unless such services are
required to carry out Contractor’s responsibilities for
construction
means,
methods,
techniques,
sequences and procedures. Contractor shall not be
required to provide professional services in violation
of applicable law.
B. If professional design services or
certifications by a design professional related to
systems, materials or equipment are specifically
required of Contractor by the Contract Documents,
Owner and Engineer will specify all performance and
design criteria that such services must satisfy.
Contractor shall cause such services or certifications
to be provided by a properly licensed professional,
whose signature and seal shall appear on all
drawings, calculations, specifications, certifications,
Shop Drawings and other submittals prepared by
such professional. Shop Drawings and other
submittals related to the Work designed or certified
by such professional, if prepared by others, shall
bear such professional’s written approval when
submitted to Engineer.
C. Owner and Engineer shall be entitled to
rely upon the adequacy, accuracy and completeness
of the services, certifications or approvals performed
by such design professionals, provided Owner and
Engineer have specified to Contractor all
performance and design criteria that such services
must satisfy.
D. Pursuant to this Paragraph 6.21,
Engineer’s review and approval of design
calculations and design drawings will be only for the
limited purpose of checking for conformance with
performance and design criteria given and the
design concept expressed in the Contract
Documents. Engineer’s review and approval of Shop
Drawings and other submittals (except design
calculations and design drawings) will be only for the
purpose stated in Paragraph 6.17.D.1.
E. Contractor shall not be responsible for the
adequacy of the performance or design criteria
required by the Contract Documents.
ARTICLE 7 - OTHER WORK AT THE SITE
7.01
via other direct contracts therefor, or have other
work performed by utility owners. If such other work
is not noted in the Contract Documents, then:
1. written notice thereof will be given to
Contractor prior to starting any such other work; and
2. if Owner and Contractor are unable to
any, of any adjustment in the Contract Price or
Contract Times that should be allowed as a result of
such other work, a Claim may be made therefor as
provided in Paragraph 10.05.
B. Contractor shall afford each other
contractor who is a party to such a direct contract,
each utility owner and Owner, if Owner is performing
other work with Owner’s employees, proper and safe
access to the Site, a reasonable opportunity for the
introduction and storage of materials and equipment
and the execution of such other work, and shall
properly coordinate the Work with theirs. Contractor
shall do all cutting, fitting, and patching of the Work
that may be required to properly connect or
otherwise make its several parts come together and
properly integrate with such other work. Contractor
shall not endanger any work of others by cutting,
excavating, or otherwise altering their work and will
only cut or alter their work with the written consent of
Engineer and the others whose work will be affected. The duties and responsibilities of Contractor
under this Paragraph are for the benefit of such
utility owners and other contractors to the extent that
there are comparable provisions for the benefit of
Contractor in said direct contracts between Owner
and such utility owners and other contractors.
C. If the proper execution or results of any
part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor
shall inspect such other work and promptly report to
Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or
unsuitable for the proper execution and results of
Contractor’s Work. Contractor’s failure to so report
will constitute an acceptance of such other work as
fit and proper for integration with Contractor’s Work
except for latent defects and deficiencies in such
other work.
7.02
Coordination
A. If Owner intends to contract with others
for the performance of other work on the Project at
the Site, the following will be set forth in
Supplementary Modified General Conditions:
Related Work at Site
A. Owner may perform other work related to
the Project at the Site with Owner’s employees, or
1. the individual or entity who will have
authority and responsibility for coordination of the
3.31
activities among the various contractors will be
identified;
2. the specific matters to be covered by such
authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
8.02
A. In case of termination of the employment
of Engineer, Owner shall appoint an engineer to
whom Contractor makes no reasonable objection,
whose status under the Contract Documents shall
be that of the former Engineer.
8.03
B. Unless otherwise provided in the
Supplementary Modified General Conditions, Owner
shall have sole authority and responsibility for such
coordination.
Pay When Due
Legal Relationships
A. Paragraphs 7.01.A and 7.02 are not
applicable for utilities not under the control of Owner.
B. Each other direct contract of Owner under
Paragraph 7.01.A shall provide that the other
contractor is liable to Owner and Contractor for the
reasonable direct delay and disruption costs
incurred by Contractor as a result of the other
contractor’s actions or inactions.
C. Contractor shall be liable to Owner and
any other contractor for the reasonable direct delay
and disruption costs incurred by such other
contractor as a result of Contractor’s action or
inactions.
7.04
Furnish Data
A. Owner shall promptly furnish the data
required of Owner under the Contract Documents.
8.04
7.03
Replacement of Engineer
A. Owner shall make payments to
Contractor when they are due as provided in
Paragraphs 14.02.C and 14.07.C.
8.05
Lands and Easements; Reports and Tests
A. Owner’s duties in respect of providing
lands and easements and providing engineering
surveys to establish reference points are set forth in
Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to
Owner’s identifying and making available to
Contractor copies of reports of explorations and
tests of subsurface conditions and drawings of
physical conditions in or relating to existing surface
or subsurface structures at or contiguous to the Site
that have been utilized by Engineer in preparing the
Contract Documents.
Claims By Other Contractors
8.06
A. Should Contractor cause damage to the
work or property of any separate contractor at the
Site, or should any claim arising out of Contractor's
performance of the Work at the Site be made by any
other contractor against Contractor, Contractor shall
promptly attempt to settle with such other contractor by
agreement or to otherwise resolve the dispute by
arbitration or at law.
B. Should Contractor cause damage to the
work or property of any separate contractor at the
Site, or should any claim arising out of Contractor's
performance of the Work at the Site be made by any
other contractor against Owner or Engineer, Contractor
shall indemnify Owner and Engineer as required under
Paragraph 6.20.
Insurance
A. Owner’s responsibilities, if any, in respect
to purchasing and maintaining liability and property
insurance are set forth in Article 5.
8.07
Change Orders
A. Owner is obligated to execute Change
Orders as indicated in Paragraph 10.03.
8.08
Inspections, Tests, and Approvals
A. Owner’s responsibility in respect to
certain inspections, tests, and approvals is set forth
in Paragraph 13.03.B.
8.09
Limitations on Owner’s Responsibilities
ARTICLE 8 - OWNER’S RESPONSIBILITIES
8.01
Communications to Contractor
A. Except as otherwise provided in these
General Conditions, Owner shall issue all communications to Contractor through Engineer.
A. The Owner shall not supervise, direct, or
have control or authority over, nor be responsible
for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for
any failure of Contractor to comply with Laws and
Regulations applicable to the performance of the
Work. Owner will not be responsible for Contractor’s
3.32
failure to perform the Work in accordance with the
Contract Documents.
8.10
Undisclosed
Condition
Hazardous
Environmental
A. Owner’s responsibility in respect to an
undisclosed Hazardous Environmental Condition is
set forth in Paragraph 4.06.
8.11
Particularly, but without limitation, during or as a
result of Engineer's visits or observations of
Contractor's Work Engineer will not supervise,
direct, control, or have authority over or be
responsible for Contractor’s means, methods,
techniques, sequences, or procedures of construction, or the safety precautions and programs incident
thereto, or for any failure of Contractor to comply
with Laws and Regulations applicable to the
Evidence of Financial Arrangements
9.03
A. If and to the extent Owner has agreed to
furnish Contractor reasonable evidence that financial
arrangements have been made to satisfy Owner’s
obligations under the Contract Documents, Owner’s
responsibility in respect thereof will be as set forth in
the Supplementary Modified General Conditions.
ARTICLE 9 - ENGINEER’S STATUS DURING
CONSTRUCTION
9.01
Owner’s Representative
A. Engineer will be Owner’s representative
during the construction period. The duties and
responsibilities and the limitations of authority of
Engineer as Owner’s representative during
construction are set forth in the Contract Documents
and will not be changed without written consent of
Owner and Engineer.
9.02
Project Representative
A. If Owner and Engineer agree, Engineer
will furnish a Resident Project Representative to
assist Engineer in providing more extensive
observation of the Work. The authority and
responsibilities of any such Resident Project
Representative and assistants will be as provided in
the Supplementary Modified General Conditions,
and limitations on the responsibilities thereof will be
as provided in Paragraph 9.09. If Owner designates
another representative or agent to represent Owner
at the Site who is not Engineer’s consultant, agent or
employee, the responsibilities and authority and
limitations thereon of such other individual or entity
will be as provided in the Supplementary Modified
General Conditions.
B. Resident Project Representative personnel
on this project may include personnel furnished by
Owner, Engineer, or both.
The duties and
responsibilities
of
the
Resident
Project
Representative(s) include the following:
Visits to Site
A. Engineer will make visits to the Site at
intervals appropriate to the various stages of
construction as Engineer deems necessary in order
to observe as an experienced and qualified design
professional the progress that has been made and
the quality of the various aspects of Contractor’s
executed Work. Based on information obtained
during such visits and observations, Engineer, for
the benefit of Owner, will determine, in general, if the
Work is proceeding in accordance with the Contract
Documents. Engineer will not be required to make
exhaustive or continuous inspections on the Site to
check the quality or quantity of the Work. Engineer’s
efforts will be directed toward providing for Owner a
greater degree of confidence that the completed
Work will conform generally to the Contract
Documents. On the basis of such visits and
observations, Engineer will keep Owner informed of
the progress of the Work and will endeavor to guard
Owner against defective Work.
B. Engineer’s visits and observations are
subject to all the limitations on Engineer’s authority
and responsibility set forth in Paragraph 9.09.
1.
Review schedules as required in
Paragraph 2.05.A of the General Conditions and
amendment thereto.
2.
Attend conferences and meetings
with Contractor.
3.
Serve as liaison between Engineer
and Contractor and help Engineer serve as liaison
between Owner and Contractor.
4.
Conduct on-site observation of the
work.
5.
Observe
system startups.
tests,
equipment,
and
6.
Report
to
Engineer
when
clarifications and interpretations of the Contract
Documents are needed. Consider, evaluate, and
report to Engineer, Contractor's requests for
modification.
7.
Maintain orderly records, keep a
daily log (when on a part-time basis, keep log for
3.33
days visiting site), and furnish periodic reports to
Engineer of the progress of the Work.
may be made therefor as provided in Paragraph
10.05.
8.
Before project completion, prepare
final list of items to be completed or corrected and
make recommendations to Engineer concerning
acceptance of the Work.
9.05
9.
Contractor.
Review Payment Applications from
The Resident Project Representatives shall
not:
1.
Authorize any deviation from the
Contract Documents or substitutions of materials or
equipment.
2.
Exceed limitations of Engineer's
authority as set forth in the Contract Documents.
3.
Undertake any of the responsibilities
of Contractor, Subcontractor, or Contractor's
superintendent.
4.
Advise on, issue directions relative
to, or assume control over any aspect of the means,
methods, techniques, sequences, or procedures of
construction.
5.
Advise
on,
issue
directions
regarding, or assume control over safety precautions
and programs in connection with the Work.
6.
Accept shop drawing or sample
submittals from anyone other than Contractor.
A. Engineer will have authority to reject
Work which Engineer believes to be defective, or
that Engineer believes will not produce a completed
Project that conforms to the Contract Documents or
that will prejudice the integrity of the design concept
of the completed Project as a functioning whole as
indicated by the Contract Documents. Engineer will
also have authority to require special inspection or
testing of the Work as provided in Paragraph 13.04,
whether or not the Work is fabricated, installed, or
completed.
9.06
Shop
Payments
8.
Participate in specialized field or
laboratory tests or inspections conducted by others
except as specifically authorized by Engineer.
9.04
Authorized Variations in Work
A. Engineer may authorize minor variations
in the Work from the requirements of the Contract
Documents which do not involve an adjustment in
the Contract Price or the Contract Times and are
compatible with the design concept of the completed
Project as a functioning whole as indicated by the
Contract Documents. These may be accomplished
by a Field Order and will be binding on Owner and
also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that
a Field Order justifies an adjustment in the Contract
Price or Contract Times, or both, and the parties are
unable to agree on entitlement to or on the amount
or extent, if any, of any such adjustment , a Claim
Drawings,
Change
Orders
and
A. In connection with Engineer’s authority,
and limitations thereof, as to Shop Drawings and
Samples, see Paragraph 6.17.
B. In connection with Engineer’s authority,
and limitations thereof, as to design calculations and
design drawings submitted in response to a
delegation of professional design services, if any,
see Paragraph 6.21.
C. In connection with Engineer’s authority as
to Change Orders, see Articles 10, 11, and 12.
D. In connection with Engineer’s authority as
to Applications for Payment, see Article 14.
9.07
7.
Authorize Owner to occupy the
Project in whole or in part.
Rejecting Defective Work
Determinations for Unit Price Work
A. Engineer will determine the actual quantities and classifications of Unit Price Work performed
by Contractor. Engineer will review with Contractor
the Engineer’s preliminary determinations on such
matters before rendering a written decision thereon
(by recommendation of an Application for Payment
or otherwise). Engineer’s written decision thereon
will be final and binding (except as modified by
Engineer to reflect changed factual conditions or
more accurate data) upon Owner and Contractor,
subject to the provisions of Paragraph 10.05.
B. Unit Price Work for which a typical cross
section or other detail from the Contract Documents
applies shall be paid only up to the quantity
determined by using the dimensions provided in the
typical cross section or other detail. By way of
example only, and not implying any limitation, this
provision means that if a typical trench width detail in
the Drawings shows a maximum width of 30-inches,
all pay quantities associated with the actual work of
constructing the detail shall be calculated using a
3.34
trench width not greater than 30-inches. This means
that the actual pay quantity could also be less than
that based upon a 30-inch wide trench, if the actual
trench width is smaller and otherwise in
conformance with the Contract Documents, but the
Contractor would not be paid more if the actual
trench width exceeds 30 inches. Contractor is
responsible for determining what actual trench width
may be required due to field conditions and
applicable laws and regulations existing at the time
of its bid.
9.08
Decisions on Requirements of Contract
Documents and Acceptability of Work
A. Engineer will be the initial interpreter of
the requirements of the Contract Documents and
judge of the acceptability of the Work thereunder. All
matters in question and other matters between
Owner and Contractor arising prior to the date final
payment is due relating to the acceptability of the
Work, and the interpretation of the requirements of
the Contract Documents pertaining to the
performance of the Work, will be referred initially to
Engineer in writing within 30 days of the event giving
rise to the question
B.
Engineer
will,
with
reasonable
promptness, render a written decision on the issue
referred. If Owner or Contractor believe that any
such decision entitles them to an adjustment in the
Contract Price or Contract Times or both, a Claim
may be made under Paragraph 10.05. The date of
Engineer’s decision shall be the date of the event
giving rise to the issues referenced for the purposes
of Paragraph 10.05.B.
C. Engineer’s written decision on the issue
referred will be final and binding on Owner and
Contractor, subject to the provisions of Paragraph
10.05.
Subcontractor, any Supplier, any other individual or
entity, or to any surety for or employee or agent of
any of them.
B. Engineer will not supervise, direct,
control, or have authority over or be responsible for
Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for
any failure of Contractor to comply with Laws and
Regulations applicable to the performance of the
Work. Engineer will not be responsible for
Contractor’s failure to perform the Work in accordance with the Contract Documents.
C. Engineer will not be responsible for the
acts or omissions of Contractor or of any
Subcontractor, any Supplier, or of any other
individual or entity performing any of the Work.
D. Engineer’s review of the final Application
for Payment and accompanying documentation and
all maintenance and operating instructions,
schedules, guarantees, bonds, certificates of
inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A
will only be to determine generally that their content
complies with the requirements of, and in the case of
certificates of inspections, tests, and approvals that
the results certified indicate compliance with the
Contract Documents.
E. The limitations upon authority and
responsibility set forth in this Paragraph 9.09 shall
also apply to, the Resident Project Representative, if
any, and assistants, if any.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01
D. When functioning as interpreter and
judge under this Paragraph 9.08, Engineer will not
show partiality to Owner or Contractor and will not
be liable in connection with any interpretation or
decision rendered in good faith in such capacity.
9.09
Limitations on Engineer’s Authority and
Responsibilities
A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision
made by Engineer in good faith either to exercise or
not exercise such authority or responsibility or the
undertaking, exercise, or performance of any
authority or responsibility by Engineer shall create,
impose, or give rise to any duty in contract, tort, or
otherwise owed by Engineer to Contractor, any
Authorized Changes in the Work
A. Without invalidating the Contract and
without notice to any surety, Owner may, at any time
or from time to time, order additions, deletions, or
revisions in the Work by a Change Order, or a Work
Change Directive. Upon receipt of any such
document, Contractor shall promptly proceed with
the Work involved which will be performed under the
applicable conditions of the Contract Documents
(except as otherwise specifically provided).
B. If Owner and Contractor are unable to
agree on entitlement to, or on the amount or extent,
if any, of an adjustment in the Contract Price or
Contract Times, or both, that should be allowed as a
result of a Work Change Directive, a Claim may be
made therefor as provided in Paragraph 10.05.
3.35
10.02
Unauthorized Changes in the Work
10.05
Claims
A.Contractor shall not be entitled to an
increase in the Contract Price or an extension of the
Contract Times with respect to any work performed
that is not required by the Contract Documents as
amended, modified, or supplemented as provided in
Paragraph 3.04, except in the case of an emergency
as provided in Paragraph 6.16 or in the case of
uncovering Work as provided in Paragraph 13.04.B.
A. Engineer’s Decision Required: All Claims,
except those waived pursuant to Paragraph 14.09,
shall be referred to the Engineer for decision. A
decision by Engineer shall be required as a
condition precedent to any exercise by Owner or
Contractor of any rights or remedies either may
otherwise have under the Contract Documents or by
Laws and Regulations in respect of such Claims.
10.03
B. Notice: Written notice stating the general
nature of each Claim, shall be delivered by the
claimant to Engineer and the other party to the
Contract promptly (but in no event later than 30
days) after the start of the event giving rise thereto.
The responsibility to substantiate a Claim shall rest
with the party making the Claim. Notice of the
amount or extent of the Claim, with supporting data
shall be delivered to the Engineer and the other
party to the Contract within 60 days after the start of
such event (unless Engineer allows additional time
for claimant to submit additional or more accurate
data in support of such Claim). A Claim for an
adjustment in Contract Price shall be prepared in
accordance with the provisions of Paragraph
12.01.B. A Claim for an adjustment in Contract Time
shall be prepared in accordance with the provisions
of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the
adjustment claimed is the entire adjustment to which
the claimant believes it is entitled as a result of said
event. The opposing party shall submit any
response to Engineer and the claimant within 30
days after receipt of the claimant’s last submittal
(unless Engineer allows additional time). Notice:
Claims by the Contractor shall be made by delivering
to the Engineer and the Owner, within 21 days after
the start of the event giving rise to the Claim, a fully
completed Statement of Claim Form, a copy of
which is included in the Project Manual. The
Contractor shall be responsible for substantiating its
Claim.
Failure to provide submit the properly
completed Statement of Claim form shall be an
irrevocable waiver of Contractor’s right to any form
of additional compensation, be it in time or money,
arising out of the Claim or the circumstances
underlying the Claim.
Execution of Change Orders
A. Owner and Contractor shall execute
appropriate Change Orders recommended by
Engineer covering:
1. changes in the Work which are: (i)
ordered by Owner pursuant to Paragraph 10.01.A,
(ii) required because of acceptance of defective
Work under Paragraph 13.08.A or Owner’s
correction of defective Work under Paragraph 13.09,
or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract
Times which are agreed to by the parties, including
any undisputed sum or amount of time for Work
actually performed in accordance with a Work
Change Directive; and
3. changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by Engineer pursuant to
Paragraph 10.05; provided that, in lieu of executing
any such Change Order, an appeal may be taken
from any such decision in accordance with the
provisions of the Contract Documents and
applicable Laws and Regulations, but during any
such appeal, Contractor shall carry on the Work and
adhere to the Progress Schedule as provided in
Paragraph 6.18.A.
10.04
Notification to Surety
A. If notice of any change affecting the
general scope of the Work or the provisions of the
Contract Documents (including, but not limited to,
Contract Price or Contract Times) is required by the
provisions of any bond to be given to a surety, the
giving of any such notice will be Contractor’s
responsibility. The amount of each applicable bond
will be adjusted to reflect the effect of any such
change. Failure to provide notice to the surety of any
such change shall not exonerate the surety from its
obligations under the bond.
C. Engineer’s Action: Engineer will review
each Claim and, within 30 days after receipt of the
last submittal of the claimant or the last submittal of
the opposing party, if any, take one of the following
actions in writing:
1. deny the Claim in whole or in part,
2. approve the Claim, or
3.36
3. notify the parties that the Engineer is
unable to resolve the Claim if, in the Engineer’s sole
discretion, it would be inappropriate for the Engineer
to do so. For purposes of further resolution of the
Claim, such notice shall be deemed a denial.
D. In the event that Engineer does not take
action on a Claim within said 30 days, the Claim
shall be deemed denied.
E. Engineer’s written action under
Paragraph 10.05.C or denial pursuant to Paragraphs
10.05.C.3 or 10.05.D will be final and binding upon
Owner and Contractor, unless Owner or Contractor
invoke the dispute resolution procedure set forth in
Article 16 within 30 days of such action or denial.
Engineer’s written action under Paragraph 10.05.C
or denial pursuant to Paragraphs 10.05.C.3 or
10.05.D will be final and binding upon Owner and
Contractor, unless Owner or Contractor commences
an action in a court of exclusive jurisdiction as set
forth in Paragraph 16.01.A.2 within 30 days of such
action or denial.
F. No Claim for an adjustment in Contract
Price or Contract Times will be valid if not submitted
in accordance with this Paragraph 10.05.
G. Claim Certification: Contractor shall not
knowingly (as “knowingly” is defined in the Federal
False Claims Act, 31 USC Section 3729 et seq.),
present or cause to be presented a false or
fraudulent Claim. As a condition precedent to
Contractor making a Claim, the written notice of
Claim (made using the Statement of Claim Form
included in the Contract Documents) shall be
accompanied by an affidavit sworn before a notary
public or other person authorized to administer oaths
in the State of Ohio and executed by an authorized
representative of Contractor, which states that:
The Claim that is submitted herewith
complies with Section 10.05 of the
General Conditions, which provide
that the Contractor shall not
knowingly present or cause to be
presented a false or fraudulent
Claim.
Failure to submit such affidavit with Statement of
Claim Form shall constitute an irrevocable waiver of
the Claim.
H. Claim Documentation: Within ten (10)
days of written request from the Owner, Contractor
shall make available to Owner or its representative
any books, records, or other documents in its
possession or to which it has access, including but
not limited to Contractor’s daily logs/reports, original
estimates of Work and applicable agreements,
correspondence with subcontractors and suppliers,
internal
correspondence
(including
e-mail),
accounting records, and other information from
which the Contractor’s costs may be derived. To the
extent permitted by law, the Owner shall keep the
Project accounting records and estimate for the
Project confidential. As requested by the Owner, the
Contractor shall provide such documents and
information in paper copies and/or computer format
(including the format of the Contractor’s accounting
software and/or ASCII format). The Contractor’s
provision of the requested documents and
information shall be a condition precedent to any
further proceeding under the Contract Documents or
to payment of an Application for Payment
Failure to provide the requested documents
shall be a material breach of the Contract, and
Contractor shall indemnify Owner for all of Owner’s
costs, losses, and damages (including but not
arising out of or relating to Contractor’s failure to
comply with this provision. If the Contractor fails to
provide the requested documents, the Contractor
shall be precluded from presenting such documents
in any subsequent dispute resolution proceedings, if
the data was reasonably available at the time of the
request.
ARTICLE 11 - COST OF THE
ALLOWANCES; UNIT PRICE WORK
11.01
WORK;
Cost of the Work
A. Costs Included: The term Cost of the
Work means the sum of all costs, except those
excluded in Paragraph 11.01.B, necessarily incurred
and paid by Contractor in the proper performance of
the Work. When the value of any Work covered by a
Change Order or when a Claim for an adjustment in
Contract Price is determined on the basis of Cost of
the Work, the costs to be reimbursed to Contractor
will be only those additional or incremental costs
required because of the change in the Work or
because of the event giving rise to the Claim. Except
as otherwise may be agreed to in writing by Owner,
such costs shall be in amounts no higher than those
prevailing in the locality of the Project, shall include
only the following items, and shall not include any of
the costs itemized in Paragraph 11.01.B.
1. Payroll costs for employees in the direct
employ of Contractor in the performance of the Work
under schedules of job classifications agreed upon
by Owner and Contractor. Such employees shall
include, without limitation, superintendents, foremen,
3.37
and other personnel employed full time at the Site.
Payroll costs for employees not employed full time
on the Work shall be apportioned on the basis of
their time spent on the Work. Payroll costs shall
include, but not be limited to, salaries and wages
plus the cost of fringe benefits, which shall include
social security contributions, unemployment, excise,
and payroll taxes, workers’ compensation, health
and retirement benefits, bonuses, sick leave,
vacation and holiday pay applicable thereto. The
expenses of performing Work outside of regular
working hours, on Saturday, Sunday, or legal
holidays, shall be included in the above to the extent
authorized by Owner.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers’
field services required in connection therewith. All
cash discounts shall accrue to Contractor unless
Owner deposits funds with Contractor with which to
make payments, in which case the cash discounts
shall accrue to Owner. All trade discounts, rebates
and refunds and returns from sale of surplus
materials and equipment shall accrue to Owner, and
Contractor shall make provisions so that they may
be obtained.
3. Payments made by Contractor to
Subcontractors
for
Work
performed
by
Subcontractors. If required by Owner, Contractor
shall obtain competitive bids from subcontractors
acceptable to Owner and Contractor and shall
deliver such bids to Owner, who will then determine,
with the advice of Engineer, which bids, if any, will
be acceptable. If any subcontract provides that the
Subcontractor is to be paid on the basis of Cost of
the Work plus a fee, the Subcontractor’s Cost of the
Work and fee shall be determined in the same
manner as Contractor’s Cost of the Work and fee as
provided in this Paragraph 11.01.
4. Costs of special consultants (including but
not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work.
5.
following:
Supplemental
costs
including
the
a. The proportion of necessary transportation, travel, and subsistence expenses
of Contractor’s employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facilities at the Site, and hand tools not
owned by the workers, which are consumed
in the performance of the Work, and cost,
less market value, of such items used but
not consumed which remain the property of
Contractor.
c. Rentals of all construction equipment and
machinery, and the parts thereof whether
rented from Contractor or others in accordance with rental agreements approved by
Owner with the advice of Engineer, and the
costs of transportation, loading, unloading,
assembly, dismantling, and removal thereof.
All such costs shall be in accordance with
the terms of said rental agreements. The
rental of any such equipment, machinery, or
parts shall cease when the use thereof is no
longer necessary for the Work.
d. Sales, consumer, use, and other similar
taxes related to the Work, and for which
Contractor is liable, imposed by Laws and
Regulations.
e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by
any of them or for whose acts any of them
may be liable, and royalty payments and
fees for permits and licenses.
f. Losses and damages (and related
expenses) caused by damage to the Work,
not compensated by insurance or otherwise,
sustained by Contractor in connection with
the performance of the Work (except losses
and damages within the deductible amounts
of property insurance established in
accordance
with
Paragraph
5.06.D),
provided such losses and damages have
resulted from causes other than the negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by
any of them or for whose acts any of them
may be liable. Such losses shall include
settlements made with the written consent
and approval of Owner. No such losses,
damages, and expenses shall be included in
the Cost of the Work for the purpose of
determining Contractor’s fee.
g. The cost of utilities, fuel, and sanitary
facilities at the Site.
h. Minor expenses such as telegrams, long
distance telephone calls, telephone service
at the Site, expresses, and similar petty
cash items in connection with the Work.
i. The costs of premiums for all bonds and
insurance Contractor is required by the
3.38
Contract Documents
maintain.
to
purchase
and
B. Costs Excluded: The term Cost of the
Work shall not include any of the following items:
1. Payroll costs and other compensation of
Contractor’s officers, executives, principals (of
partnerships and sole proprietorships), general
managers, safety managers, engineers, architects,
estimators,
attorneys,
auditors,
accountants,
purchasing and contracting agents, expediters,
timekeepers, clerks, and other personnel employed
by Contractor, whether at the Site or in Contractor’s
principal or branch office for general administration
of the Work and not specifically included in the
agreed upon schedule of job classifications referred
to in Paragraph 11.01.A.1 or specifically covered by
Paragraph 11.01.A.4, all of which are to be
considered administrative costs covered by the
Contractor’s fee.
to Engineer an itemized cost breakdown together
with supporting data.
11.02
A. It is understood that Contractor has included in the Contract Price all allowances so
named in the Contract Documents and shall cause
the Work so covered to be performed for such sums
and by such persons or entities as may be
acceptable to Owner and Engineer.
B. Cash Allowances
1. Contractor agrees that:
a. the cash allowances include the cost to
Contractor (less any applicable trade
discounts) of materials and equipment
required by the allowances to be delivered
at the Site, and all applicable taxes; and
b. Contractor’s costs for unloading and
handling on the Site, labor, installation ,
overhead, profit, and other expenses
contemplated for the cash allowances have
been included in the Contract Price and not
in the allowances, and no demand for additional payment on account of any of the
foregoing will be valid.
2. Expenses of Contractor’s principal and
branch offices other than Contractor’s office at the
Site.
3. Any part of Contractor’s capital expenses,
including interest on Contractor’s capital employed
for the Work and charges against Contractor for
delinquent payments.
4. Costs due to the negligence of
Contractor, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts
any of them may be liable, including but not limited
to, the correction of defective Work, disposal of
materials or equipment wrongly supplied, and
making good any damage to property.
5. Other overhead or general expense costs
of any kind and the costs of any item not specifically
and expressly included in Paragraphs 11.01.A and
11.01.B.
C. Contingency Allowance
1. Contractor agrees that a contingency
allowance, if any, is for the sole use of Owner to
cover unanticipated costs.
D. Prior to final payment, an appropriate
Change Order will be issued as recommended by
Engineer to reflect actual amounts due Contractor
on account of Work covered by allowances, and the
Contract Price shall be correspondingly adjusted.
11.03
C. Contractor’s Fee: When all the Work is
performed on the basis of cost-plus, Contractor’s fee
shall be determined as set forth in the Agreement.
When the value of any Work covered by a Change
Order or when a Claim for an adjustment in Contract
Price is determined on the basis of Cost of the Work,
Contractor’s fee shall be determined as set forth in
Paragraph 12.01.C.
D. Documentation: Whenever the Cost of
the Work for any purpose is to be determined
pursuant to Paragraphs 11.01.A and 11.01.B,
Contractor will establish and maintain records
thereof in accordance with generally accepted accounting practices and submit in a form acceptable
Allowances
Unit Price Work
A. Where the Contract Documents provide
that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include
for all Unit Price Work an amount equal to the sum
of the unit price for each separately identified item of
Unit Price Work times the estimated quantity of each
item as indicated in the Agreement.
B. The estimated quantities of items of Unit
Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an
initial Contract Price. Determinations of the actual
quantities and classifications of Unit Price Work
performed by Contractor will be made by Engineer
subject to the provisions of Paragraph 9.07.
3.39
C. Each unit price will be deemed to include
an amount considered by Contractor to be adequate
to cover Contractor’s overhead and profit for each
separately identified item.
ARTICLE 12 - CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
12.01
D. Owner or Contractor may make a Claim
for an adjustment in the Contract Price in accordance with Paragraph 10.05 if:
1. the quantity of any item of Unit Price Work
performed by Contractor differs materially and
significantly from the estimated quantity of such item
indicated in the Agreement; and
Change of Contract Price
A. The Contract Price may only be changed
by a Change Order. Any Claim for an adjustment in
the Contract Price shall be based on written notice
submitted by the party making the Claim to the
Engineer and the other party to the Contract in
accordance with the provisions of Paragraph 10.05.
2. there is no corresponding adjustment with
respect any other item of Work; and
B. The value of any Work covered by a
Change Order or of any Claim for an adjustment in
the Contract Price will be determined as follows:
3. Contractor believes that Contractor is
entitled to an increase in Contract Price as a result
of having incurred additional expense or Owner
believes that Owner is entitled to a decrease in
Contract Price and the parties are unable to agree
as to the amount of any such increase or decrease.
1. where the Work involved is covered by
unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the
items involved (subject to the provisions of
Paragraph 11.03); or
E. Notwithstanding any other provision in
the Contract Documents (except for 9.07 of these
Modified General Conditions) for Unit Price Work,
Contractor shall be paid the Total Extended Price
arrived at by calculating Contractor’s Unit Price bid
by actual quantities up to and including 110% of the
Engineer’s estimated quantity, provided that such
quantities are confirmed by Engineer and such Work
is otherwise in conformance with the technical
requirements of the Contract Documents.
Contractor shall not be paid for any Unit
Price Work that represents an actual quantity
greater than 110% of the Engineer’s estimated
quantity, without a Change Order.
It is the Contractor’s responsibility to track
actual in-progress quantities of Work in anticipation
of the applicability of this provision.
F.
Owner may, without alteration or
modification of this Contract, increase, diminish, or
omit the work covered by any item of this Contract.
When such item is covered by a unit price the
amount actually required will be paid for; if a lump
sum price is applicable, the net addition or
deduction, representing the actual value of the work
added or dispensed with, shall be agreed upon
before the work is done, and if agreement cannot be
reached, the work shall be completed pursuant to a
Work Change Directive under Article 10 of the
General Conditions. No claim for loss of anticipated
profits shall be made or allowed on account of such
changes, and the validity of the Contract or bond
shall not be affected thereby.
2. where the Work involved is not covered
by unit prices contained in the Contract Documents,
by a mutually agreed lump sum (which may include
an allowance for overhead and profit not necessarily
in accordance with Paragraph 12.01.C.2); or
3. where the Work involved is not covered
by unit prices contained in the Contract Documents
and agreement to a lump sum is not reached under
Paragraph 12.01.B.2, on the basis of the Cost of the
Work (determined as provided in Paragraph 11.01)
plus a Contractor’s fee for overhead and profit
(determined as provided in Paragraph 12.01.C).
C. Contractor’s Fee: The Contractor’s fee for
overhead and profit shall be determined as follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a
fee based on the following percentages of the
various portions of the Cost of the Work:
a. for costs incurred under Paragraphs
11.01.A.1 and 11.01.A.2, the Contractor’s
fee shall be 15 percent;
b. for costs incurred under Paragraph
11.01.A.3, the Contractor’s fee shall be five
percent;
c. where one or more tiers of subcontracts
are on the basis of Cost of the Work plus a
fee and no fixed fee is agreed upon, the
intent of Paragraph 12.01.C.2.a is that the
Subcontractor who actually performs the
3.40
Work, at whatever tier, will be paid a fee of
15 percent of the costs incurred by such
Subcontractor under Paragraphs 11.01.A.1
and 11.01.A.2 and that any higher tier
Subcontractor and Contractor will each be
paid a fee of five percent of the amount paid
to the next lower tier Subcontractor;
any part of the Work within the Contract Times due
to a abnormal weather conditions, then the Contract
Times will be extended by one (1) day for each
weather day lost in excess of those in the following
table:
d. no fee shall be payable on the basis of
costs itemized under Paragraphs 11.01.A.4,
11.01.A.5, and 11.01.B;
Month
e. the amount of credit to be allowed by
Contractor to Owner for any change which
results in a net decrease in cost will be the
amount of the actual net decrease in cost
plus a deduction in Contractor’s fee by an
amount equal to five percent of such net
decrease; and
f. when both additions and credits are involved in any one change, the adjustment in
Contractor’s fee shall be computed on the
basis of the net change in accordance with
Paragraphs
12.01.C.2.a
through
12.01.C.2.e, inclusive.
12.02
Change of Contract Times
A. The Contract Times may only be changed
by a Change Order. Any Claim for an adjustment in
the Contract Times shall be based on written notice
submitted by the party making the Claim to the
Engineer and the other party to the Contract in
accordance with the provisions of Paragraph 10.05.
B. Any adjustment of the Contract Times
covered by a Change Order or any Claim for an
adjustment in the Contract Times will be determined
in accordance with the provisions of this Article 12.
12.03
Delays
A. Where Contractor is prevented from
completing any part of the Work within the Contract
Times due to delay beyond the control of Contractor,
the Contract Times will be extended in an amount
equal to the time lost due to such delay, except for
weather delays resulting in workdays lost from
December 1 to April 30, if a Claim is made therefor
as provided in Paragraph 12.02.A. Delays beyond
the control of Contractor shall include, but not be
limited to, acts or neglect by Owner, acts or neglect
of utility owners or other contractors performing
other work as contemplated by Article 7, fires,
floods, epidemics, abnormal weather conditions, or
acts of God. When the Contractor’s accepted
Progress Schedule depicts Work on the critical path
occurring during the period from December 1 to April
30 and the Contractor is prevented from completing
December
January
February
March
April
Number of Workdays
Lost Due To Weather
6
8
8
7
6
The Contract Times will be extended for
every workday that abnormal weather conditions
reduce production by more than 50 percent on items
of Work on the critical path. Weekends, Shutdown
Days as defined in Paragraph 17.10, and holidays
will not be considered as lost workdays unless the
Contractor normally works those days or unless the
Contractor is directed to work those days.
B. If Owner, Engineer, or other contractors
or utility owners performing other work for Owner as
contemplated by Article 7, or anyone for whom
Owner is responsible, delays, disrupts, or interferes
with the performance or progress of the Work, then
Contractor shall be entitled to an equitable
adjustment in the Contract Price or the Contract
Times, or both. Contractor’s entitlement to an
adjustment of the Contract Times is conditioned on
such adjustment being essential to Contractor’s
ability to complete the Work within the Contract
Times.
C. If Contractor is delayed in the
performance or progress of the Work by fire, flood,
epidemic, abnormal weather conditions, acts of God,
acts or failures to act of utility owners not under the
control of Owner, or other causes not the fault of and
beyond control of Owner and Contractor, then
Contractor shall be entitled to an equitable
adjustment in Contract Times, if such adjustment is
essential to Contractor’s ability to complete the Work
within the Contract Times. Such an adjustment shall
be Contractor’s sole and exclusive remedy for the
delays described in this Paragraph 12.03.C.
D. Owner, Engineer and the Related Entities
of each of them shall not be liable to Contractor for
any claims, costs, losses, or damages (including but
not limited to all fees and charges of Engineers,
sustained by Contractor on or in connection with any
other project or anticipated project.
3.41
E. Contractor shall not be entitled to an
adjustment in Contract Price or Contract Times for
delays within the control of Contractor. Delays
attributable to and within the control of a
Subcontractor or Supplier shall be deemed to be
delays within the control of Contractor.
B. Owner shall employ and pay for the
services of an independent testing laboratory to
perform all inspections, tests, or approvals required
by the Contract Documents except:
1. for inspections, tests, or approvals
covered by Paragraphs 13.03.C and 13.03.D below;
ARTICLE 13 - TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
2. that costs incurred in connection with
tests or inspections conducted pursuant to
Paragraph 13.04.B shall be paid as provided in said
Paragraph 13.04.C; and
13.01
3. as otherwise specifically provided in the
Contract Documents.
Notice of Defects
A. Prompt notice of all defective Work of
which Owner or Engineer has actual knowledge will
be given to Contractor. All defective Work may be
rejected, corrected, or accepted as provided in this
Article 13.
13.02
Access to Work
A. Owner, Engineer, their consultants and
other representatives and personnel of Owner,
independent testing laboratories, and governmental
agencies with jurisdictional interests will have access
to the Site and the Work at reasonable times for
their observation, inspecting, and testing. Contractor
shall provide them proper and safe conditions for
such access and advise them of Contractor’s Site
safety procedures and programs so that they may
comply therewith as applicable.
13.03
Tests and Inspections
A. All Work is subject to testing to indicate
compliance with Contract Document requirements.
Duplicate copies of test results of all tests required
shall be submitted to Engineer. Testing laboratories
are subject to the approval of Engineer. Tests and
inspection of work may be conducted by Owner or
an independent laboratory employed by Owner.
Tests may also be performed in the field by
Engineer as a basis for acceptance of the Work.
Contractor shall give Engineer timely notice of
readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with
inspection and testing personnel to facilitate required
inspections or tests. Samples required for testing
shall be furnished by Contractor at no cost to Owner.
In the event that completed Work does not conform
to specification requirements during the initial test,
the Work shall be corrected and retested for
conformance. The entire cost of retesting completed
Work shall be borne by Contractor. This shall
include the extra cost for inspection to Owner which
will be deducted from the final amount due
Contractor.
C. If Laws or Regulations of any public body
having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested, or approved by
an employee or other representative of such public
body, Contractor shall assume full responsibility for
arranging and obtaining such inspections, tests, or
approvals, pay all costs in connection therewith, and
furnish Engineer the required certificates of inspection or approval.
D. Contractor shall be responsible for
arranging and obtaining and shall pay all costs in
connection with any inspections, tests, or approvals
required for Owner’s and Engineer’s acceptance of
materials or equipment to be incorporated in the
Work; or acceptance of materials, mix designs, or
equipment submitted for approval prior to
Contractor’s purchase thereof for incorporation in
the Work. Such inspections, tests, or approvals shall
be performed by organizations acceptable to Owner
and Engineer.
E. If any Work (or the work of others) that is
to be inspected, tested, or approved is covered by
Contractor without written concurrence of Engineer,
it must, if requested by Engineer, be uncovered for
observation.
F. Uncovering Work as provided in
Paragraph 13.03.E shall be at Contractor’s expense
unless Contractor has given Engineer timely notice
of Contractor’s intention to cover the same and
Engineer has not acted with reasonable promptness
in response to such notice.
13.04
Uncovering Work
A. If any Work is covered contrary to the
written request of Engineer, it must, if requested by
Engineer, be uncovered for Engineer’s observation
and replaced at Contractor’s expense.
B. If Engineer considers it necessary or
advisable that covered Work be observed by
3.42
Engineer or inspected or tested by others,
Contractor, at Engineer’s request, shall uncover,
expose, or otherwise make available for observation,
inspection, or testing as Engineer may require, that
portion of the Work in question, furnishing all necessary labor, material, and equipment.
C. If it is found that the uncovered Work is
defective, Contractor shall pay all claims, costs,
relating to such uncovering, exposure, observation,
inspection, and testing, and of satisfactory
replacement or reconstruction (including but not
limited to all costs of repair or replacement of work of
others); and Owner shall be entitled to an
appropriate decrease in the Contract Price. If the
parties are unable to agree as to the amount thereof,
Owner may make a Claim therefor as provided in
Paragraph 10.05.
D. If, the uncovered Work is not found to be
defective, Contractor shall be allowed an increase in
the Contract Price or an extension of the Contract
Times, or both, directly attributable to such
uncovering, exposure, observation, inspection,
testing, replacement, and reconstruction. If the
parties are unable to agree as to the amount or
extent thereof, Contractor may make a Claim
therefor as provided in Paragraph 10.05.
13.05
Owner May Stop the Work
A. If the Work is defective, or Contractor fails
to supply sufficient skilled workers or suitable
materials or equipment, or fails to perform the Work
in such a way that the completed Work will conform
to the Contract Documents, Owner may order
Contractor to stop the Work, or any portion thereof,
until the cause for such order has been eliminated;
however, this right of Owner to stop the Work shall
not give rise to any duty on the part of Owner to
exercise this right for the benefit of Contractor, any
Subcontractor, any Supplier, any other individual or
entity, or any surety for, or employee or agent of any
of them.
13.06
Correction or Removal of Defective Work
A. Promptly after receipt of notice,
Contractor shall correct all defective Work, whether
or not fabricated, installed, or completed, or, if the
Work has been rejected by Engineer, remove it from
the Project and replace it with Work that is not
defective. Contractor shall pay all claims, costs,
relating to such correction or removal (including but
not limited to all costs of repair or replacement of
work of others).
B. When correcting defective Work under
the terms of this Paragraph 13.06 or Paragraph
13.07, Contractor shall take no action that would
void or otherwise impair Owner’s special warranty
and guarantee, if any, on said Work.
13.07
Correction Period
A. If within one year after the date of
Substantial Completion (or such longer period of
time as may be prescribed by the terms of any
applicable special guarantee required by the
Contract Documents) or by any specific provision of
the Contract Documents, any Work is found to be
defective, or if the repair of any damages to the land
or areas made available for Contractor’s use by
Owner or permitted by Laws and Regulations as
contemplated in Paragraph 6.11.A is found to be
defective, Contractor shall promptly, without cost to
Owner and in accordance with Owner’s written
instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by
Owner, remove it from the Project and replace it with
Work that is not defective, and
4. satisfactorily correct or repair or remove
and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply
with the terms of Owner’s written instructions, or in
an emergency where delay would cause serious risk
of loss or damage, Owner may have the defective
Work corrected or repaired or may have the rejected
Work removed and replaced. All claims, costs,
relating to such correction or repair or such removal
and replacement (including but not limited to all
costs of repair or replacement of work of others) will
be paid by Contractor.
C. In special circumstances where a particular item of equipment is placed in continuous service
before Substantial Completion of all the Work, the
correction period for that item may start to run from
an earlier date if so provided in the Specifications .
3.43
D. Where defective Work (and damage to
other Work resulting therefrom) has been corrected
or removed and replaced under this Paragraph
13.07, the correction period hereunder with respect
to such Work will be extended for an additional
period of one year after such correction or removal
and replacement has been satisfactorily completed.
E. Contractor’s obligations under this
Paragraph 13.07 are in addition to any other
obligation or warranty. The provisions of this
Paragraph 13.07 shall not be construed as a
substitute for, or limitation upon, or a waiver of the
provisions of any applicable statute of limitation or
repose.
13.08
Acceptance of Defective Work
A. If, instead of requiring correction or
removal and replacement of defective Work, Owner
(and, prior to Engineer’s recommendation of final
payment, Engineer) prefers to accept it, Owner may
do so. Contractor shall pay all claims, costs, losses,
and damages (including but not limited to all fees
and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or
other dispute resolution costs) attributable to
Owner’s evaluation of and determination to accept
such defective Work (such costs to be approved by
Engineer as to reasonableness) and the diminished
value of the Work to the extent not otherwise paid by
Contractor pursuant to this sentence. If any such
acceptance occurs prior to Engineer’s recommendation of final payment, a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work, and
Owner shall be entitled to an appropriate decrease
in the Contract Price, reflecting the diminished value
of Work so accepted. If the parties are unable to
agree as to the amount thereof, Owner may make a
Claim therefor as provided in Paragraph 10.05. If the
acceptance occurs after such recommendation, an
appropriate amount will be paid by Contractor to
Owner.
13.09
Owner May Correct Defective Work
A. If Contractor fails within a reasonable
time after written notice from Engineer to correct
defective Work or to remove and replace rejected
Work as required by Engineer in accordance with
Paragraph 13.06.A, or if Contractor fails to perform
the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any
other provision of the Contract Documents, Owner
may, after seven days written notice to Contractor,
correct or remedy any such deficiency. If Contractor
fails within two (2) business days of a written notice
from Engineer, or such longer time as may be stated
in such notice, to correct, or take reasonable steps
to commence to correct, defective Work or to
remove and replace, or take reasonable steps to
remove and replace, rejected Work as required by
Engineer in accordance with Paragraph 13.06.A., or
if Contractor fails to perform the Work in accordance
with the Contract Documents, Owner may correct or
remedy any such deficiency. In such case an
appropriate Change Order shall be issued deducting
from payments then or thereafter due the Contractor
the reasonable costs arising out of or related to the
investigation and correction of correcting such
deficiencies, including Owner's attorneys' and
consultants' fees and expenses and other expenses
and compensation for the Engineer’s additional
services made necessary by such default, neglect or
failure. If payments then or thereafter due the
Contractor are not sufficient to cover such amounts,
the Contractor shall pay the difference to the Owner.
The Contractor irrevocably designates the Owner as
the Contractor's attorney-in-fact to execute the
Change Orders provided for in this Subparagraph.
B. In exercising the rights and remedies
under this Paragraph 13.09, Owner shall proceed
expeditiously. In connection with such corrective or
remedial action, Owner may exclude Contractor from
all or part of the Site, take possession of all or part of
the Work and suspend Contractor’s services related
thereto, take possession of Contractor’s tools,
appliances, construction equipment and machinery
at the Site, and incorporate in the Work all materials
and equipment stored at the Site or for which Owner
has paid Contractor but which are stored elsewhere.
Contractor
shall
allow
Owner,
Owner’s
representatives, agents and employees, Owner’s
other contractors, and Engineer and Engineer’s
consultants access to the Site to enable Owner to
exercise the rights and remedies under this
Paragraph.
C. All claims, costs, losses, and damages
dispute resolution costs) incurred or sustained by
Owner in exercising the rights and remedies under
this Paragraph 13.09 will be charged against
Contractor, and a Change Order will be issued
incorporating the necessary revisions in the Contract
Documents with respect to the Work; and Owner
shall be entitled to an appropriate decrease in the
Contract Price. If the parties are unable to agree as
to the amount of the adjustment, Owner may make a
Claim therefor as provided in Paragraph 10.05. Such
claims, costs, losses and damages will include but
not be limited to all costs of repair, or replacement of
work of others destroyed or damaged by correction,
removal, or replacement of Contractor’s defective
Work.
3.44
D. Contractor shall not be allowed an extension of the Contract Times because of any delay in
the performance of the Work attributable to the
exercise by Owner of Owner’s rights and remedies
under this Paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
COMPLETION
14.01
Schedule of Values
A. The Schedule of Values established as
provided in Paragraph 2.07.A will serve as the basis
for progress payments and will be incorporated into
a form of Application for Payment acceptable to
Engineer. Progress payments on account of Unit
Price Work will be based on the number of units
completed.
14.02
Progress Payments
A. Applications for Payments
1. At least 20 days before the date established in the Agreement for each progress payment
(but not more often than once a month), Contractor
shall submit to Engineer for review an Application for
Payment filled out and signed by Contractor
covering the Work completed as of the date of the
Application and accompanied by such supporting
documentation as is required by the Contract Documents. At least by the 20th day of the month (but not
more often than once a month), Contractor shall
submit to Engineer for review an Application for
Payment (including a Schedule of Values described
in Paragraph 2.05.A.3 of the Modified General
Conditions) filled out and signed by Contractor
covering the Work completed as of the date of the
Application, and accompanied by such supporting
documentation as is required by the Contract
Documents. If payment is requested on the basis of
materials and equipment not incorporated in the
Work but delivered and suitably stored at the Site or
at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill
of sale, invoice, or other documentation warranting
that Owner has received the materials and equipment free and clear of all Liens and evidence that
the materials and equipment are covered by
appropriate property insurance or other arrangements to protect Owner’s interest therein, all of
which must be satisfactory to Owner.
2. Beginning with the second Application for
Payment, each Application shall include an affidavit
of Contractor stating that all previous progress
payments received on account of the Work have
been applied on account to discharge Contractor’s
legitimate obligations associated
Applications for Payment.
with
prior
3. The amount of retainage with respect to
progress payments will be as stipulated in the
Agreement. Retainage.
Partial payments to
Contractor for labor performed shall be made at the
rate of 92 percent of the amount invoiced through
the Application for Payment that shows the total
Contract Completion at 50 percent or greater,
pursuant to Ohio Revised Code Section 153.14.
After the Contract is 50 percent complete as
evidenced by payments in the amount of at least 50
percent of the Contract Price to Contractor, no
additional funds shall be retained from payments for
labor.
4. Contractor shall submit with each pay
request Contractor's partial waiver of lien for the full
amount of the requested payment. Beginning with
the second pay request, and with each succeeding
pay request, Contractor shall submit partial waivers
of lien for each Subcontractor and Supplier showing
that the amount paid to date to each is at least
equivalent to the total value of Subcontractor's or
Supplier's work, less retainage, included on the
previous pay request. Contractor shall submit with
each pay request a signed Waiver of Lien Log
clearly documenting the following:
a.
The
names
of
Subcontractors/Suppliers on the project.
b.
Contract
Subcontractor/Supplier.
c.
Amount
amounts
paid
to
all
for
date
to
each
each
d.
Lien waivers provided with current
pay application for previous month's payments.
e.
Amount to be paid to each
Subcontractor/Supplier included in the pending pay
request.
f.
Remaining
balance
for
each
5.
Contractor shall submit one original
and five copies (unless a different quantity is
otherwise agreed upon) on 8-1/2 by 11 paper of
each lien waiver submitted.
6.
Contractor shall submit six copies
(unless a different quantity is otherwise agreed
upon) of each pay request for approval.
7.
No advanced payment for shop
drawing preparation will be made. Shop drawing
3.45
costs will be paid when equipment and materials are
delivered and suitably stored on the site.
8.
All stored equipment and materials
for which payment is requested shall have six copies
(unless a different quantity is otherwise agreed
upon) of invoices included with the pay request.
Equipment shall be identified thoroughly on the
invoices, including serial numbers.
9.
Payment for the stored equipment
and material which are on the site shall not exceed
the invoiced amount for each item, less the Contract
retainage. The overhead and profit for the stored
items shall not be invoiced until the item is installed.
10.
Payment for off-site storage is
normally reserved for sensitive or very large pieces
of equipment that in Engineer's opinion would not be
practical to have stored on the site. Payment for offsite stored items shall be limited to 75% of the
invoiced value of the item, less Contract retainage.
Contractor shall reimburse Owner the Cost of
inspecting off-site stored items.
When off-site
storage is approved, Contractor shall provide
Insurance Certificates and Document of Ownership
to Owner.
Work under Paragraph 9.07, and to any
other
qualifications
stated
in
the
recommendation); and
c. the conditions precedent to Contractor’s
being entitled to such payment appear to
have been fulfilled in so far as it is
Engineer’s responsibility to observe the
Work.
3. By recommending any such payment
Engineer will not thereby be deemed to have
represented that:
a. inspections made to check the quality or
the quantity of the Work as it has been
performed have been exhaustive, extended
to every aspect of the Work in progress, or
involved detailed inspections of the Work
beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or
b. that there may not be other matters or
issues between the parties that might entitle
Contractor to be paid additionally by Owner
or entitle Owner to withhold payment to
Contractor.
B. Review of Applications
1. Engineer will, within 10 days after receipt
of each Application for Payment, either indicate in
writing a recommendation of payment and present
the Application to Owner or return the Application to
Contractor indicating in writing Engineer’s reasons
for refusing to recommend payment. In the latter
case, Contractor may make the necessary
corrections and resubmit the Application.
2. Engineer’s recommendation of any payment requested in an Application for Payment will
constitute a representation by Engineer to Owner,
based on Engineer’s observations on the Site of the
executed Work as an experienced and qualified
design professional and on Engineer's review of the
Application for Payment and the accompanying data
and schedules, that to the best of Engineer’s
knowledge, information and belief:
a. the Work has progressed to the point
indicated;
b. the quality of the Work is generally in
accordance with the Contract Documents
(subject to an evaluation of the Work as a
functioning whole prior to or upon
Substantial Completion, to the results of any
subsequent tests called for in the Contract
Documents, to a final determination of
quantities and classifications for Unit Price
4. Neither Engineer’s review of Contractor’s
Work for the purposes of recommending payments
nor Engineer’s recommendation of any payment,
including final payment, will impose responsibility on
Engineer:
a. to supervise, direct, or control the Work,
or
b. for the means, methods, techniques,
sequences, or procedures of construction, or
the safety precautions and programs
incident thereto, or
c. for Contractor’s failure to comply with
Laws and Regulations applicable to
Contractor’s performance of the Work, or
d. to make any examination to ascertain how
or for what purposes Contractor has used
the moneys paid on account of the Contract
Price, or
e. to determine that title to any of the Work,
materials, or equipment has passed to
Owner free and clear of any Liens.
5. Engineer may refuse to recommend the
whole or any part of any payment if, in Engineer’s
opinion, it would be incorrect to make the
representations to Owner stated in Paragraph
3.46
14.02.B.2. Engineer may also refuse to recommend
any such payment or, because of subsequently
discovered evidence or the results of subsequent
inspections or tests, revise or revoke any such
payment recommendation previously made, to such
extent as may be necessary in Engineer’s opinion to
protect Owner from loss because:
a. the Work is defective, or completed Work
has been damaged, requiring correction or
replacement;
after deduction of the amount so withheld. Owner
shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner
and Contractor, when Contractor corrects to Owner’s
satisfaction the reasons for such action.
3. If it is subsequently determined that
Owner’s refusal of payment was not justified, the
amount wrongfully withheld shall be treated as an
amount due as determined by Paragraph 14.02.C.1.
14.03
b. the Contract Price has been reduced by
Change Orders;
c. Owner has been required to correct
defective Work or complete Work in accordance with Paragraph 13.09; or
d. Engineer has actual knowledge of the
occurrence of any of the events enumerated
in Paragraph 15.02.A.
C. Payment Becomes Due
1. Ten days after presentation of the
Application for Payment to Owner with Engineer’s
recommendation, the amount recommended will
(subject to the provisions of Paragraph 14.02.D)
become due, and when due will be paid by Owner to
Contractor.
D. Reduction in Payment
1. Owner may refuse to make payment of
the full amount recommended by Engineer because:
a. claims have been made against Owner on
account of Contractor’s performance or furnishing of the Work;
b. Liens have been filed in connection with
the Work, except where Contractor has
delivered a specific bond satisfactory to
Owner to secure the satisfaction and
discharge of such Liens;
c. there are other items entitling Owner to a
set-off against the amount recommended; or
d. Owner has actual knowledge of the occurrence of any of the events enumerated in
Paragraphs 14.02.B.5.a through 14.02.B.5.c
or Paragraph 15.02.A.
2. If Owner refuses to make payment of the
full amount recommended by Engineer, Owner will
give Contractor immediate written notice (with a
copy to Engineer) stating the reasons for such action
and promptly pay Contractor any amount remaining
Contractor’s Warranty of Title
A. Contractor warrants and guarantees that
title to all Work, materials, and equipment covered
by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no
later than the time of payment free and clear of all
Liens.
14.04
Substantial Completion
A. When Contractor considers the entire
Work ready for its intended use Contractor shall
notify Owner and Engineer in writing that the entire
Work is substantially complete (except for items
specifically listed by Contractor as incomplete) and
request that Engineer issue a certificate of
B. Promptly after Contractor’s notification, ,
Owner, Contractor, and Engineer shall make an
inspection of the Work to determine the status of
completion. If Engineer does not consider the Work
substantially complete, Engineer will notify
Contractor in writing giving the reasons therefor.
C. If Engineer considers the Work
substantially complete, Engineer will deliver to
Owner a tentative certificate of Substantial
Completion which shall fix the date of Substantial
Completion. There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment. Owner shall have
seven days after receipt of the tentative certificate
during which to make written objection to Engineer
as to any provisions of the certificate or attached list.
If, after considering such objections, Engineer
concludes that the Work is not substantially
complete, Engineer will within 14 days after
submission of the tentative certificate to Owner notify
Contractor in writing, stating the reasons therefor. If,
after consideration of Owner’s objections, Engineer
considers the Work substantially complete, Engineer
will within said 14 days execute and deliver to
Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of
items to be completed or corrected) reflecting such
changes from the tentative certificate as Engineer
3.47
believes justified after
objections from Owner.
consideration
of
any
D. At the time of delivery of the tentative
certificate of Substantial Completion, Engineer will
deliver to Owner and Contractor a written
recommendation as to division of responsibilities
pending final payment between Owner and
Contractor with respect to security, operation, safety,
and protection of the Work, maintenance, heat,
utilities, insurance, and warranties and guarantees.
Unless Owner and Contractor agree otherwise in
writing and so inform Engineer in writing prior to
Engineer’s issuing the definitive certificate of
Substantial Completion, Engineer’s aforesaid recommendation will be binding on Owner and Contractor
until final payment.
E. Owner shall have the right to exclude
Contractor from the Site after the date of Substantial
Completion
subject
to
allowing
Contractor
reasonable access to complete or correct items on
the tentative list.
F.
Time for Completion of Items on
Tentative List and Remedies. The time fixed by the
Engineer for the completion of all items on the list
accompanying the tentative certificate of Substantial
Completion shall not be greater than thirty (30) days,
unless the Engineer states a longer time in the
certificate. The Contractor shall complete all items
on the list within such 30-day period or such other
time as is specified. If the Contractor fails to do so,
the Owner in its discretion may perform the Work by
itself or others and the cost thereof shall be charged
to the Contractor.
The Contractor irrevocably
designates the Owner as the Contractor’s attorneyin-fact to execute a Change Order deducting such
cost from the balance of the Contract Price and also
any additional costs or expenses incurred by the
Owner arising out of or related to the failure of the
Contractor to complete such items, including but not
limited to attorneys’, consultants’, and Engineer’s
fees.
The Contractor’s warranties under the
Contract Documents shall remain in full force and
effect and cover any remedial Work, even if
performed by others. If more than one inspection by
the Engineer for purposes of evaluating corrected
Work is required, it will be performed at the
Contractor’s expense.
14.05
Partial Utilization
A. Prior to Substantial Completion of all the
Work, Owner may use or occupy any substantially
completed part of the Work which has specifically
been identified in the Contract Documents, or which
Owner, Engineer, and Contractor agree constitutes
a separately functioning and usable part of the Work
that can be used by Owner for its intended purpose
without significant interference with Contractor’s
performance of the remainder of the Work, subject to
the following conditions.
1. Owner at any time may request
Contractor in writing to permit Owner to use or
occupy any such part of the Work which Owner
believes to be ready for its intended use and
substantially complete. If and when Contractor
agrees that such part of the Work is substantially
complete, Contractor will certify to Owner and
Engineer that such part of the Work is substantially
complete and request Engineer to issue a certificate
of Substantial Completion for that part of the Work.
2. Contractor at any time may notify Owner
and Engineer in writing that Contractor considers
any such part of the Work ready for its intended use
and substantially complete and request Engineer to
issue a certificate of Substantial Completion for that
part of the Work.
3. Within a reasonable time after either such
request, Owner, Contractor, and Engineer shall
make an inspection of that part of the Work to
determine its status of completion. If Engineer does
not consider that part of the Work to be substantially
complete, Engineer will notify Owner and Contractor
in writing giving the reasons therefor. If Engineer
considers that part of the Work to be substantially
complete, the provisions of Paragraph 14.04 will
apply with respect to certification of Substantial
Completion of that part of the Work and the division
of responsibility in respect thereof and access
thereto.
4.
Owner may at any time request
Contractor in writing to permit Owner to take over
operation of any part of the Work although it is not
substantially complete. A copy of such request will
be sent to Engineer, and within a reasonable time
thereafter, Owner, Contractor, and Engineer shall
make an inspection of that part of the Work to
determine its status of completion and will prepare a
list of the items remaining to be completed or
corrected thereon before final payment.
If
Contractor does not object in writing to Owner and
Engineer that such part of the Work is not ready for
separate operation by Owner, Engineer will finalize
the list of items to be completed or corrected and will
deliver such lists to Owner and Contractor together
with a written recommendation as to the division of
responsibilities pending final payment between
Owner and Contractor with respect to security,
operation, safety, maintenance, utilities, insurance,
warranties, and guarantees for that part of the Work
which will become binding upon Owner and
Contractor at the time when Owner takes over such
operation (unless they shall have otherwise agreed
in writing and so informed Engineer). During such
3.48
operation and prior to Substantial Completion of
such part of the Work, Owner shall allow Contractor
reasonable access to complete or correct items on
said list and to complete other related Work.
4. 5. No use or occupancy or separate
operation of part of the Work may occur prior to
compliance with the requirements of Paragraph 5.10
regarding property insurance.
14.06
Final Inspection
A. Upon written notice from Contractor that
the entire Work or an agreed portion thereof is
complete, Engineer will promptly make a final
inspection with Owner and Contractor and will notify
Contractor in writing of all particulars in which this
inspection reveals that the Work is incomplete or
defective. Contractor shall immediately take such
measures as are necessary to complete such Work
or remedy such deficiencies.
14.07
Final Payment
A. Application for Payment
1. After Contractor has, in the opinion of
Engineer, satisfactorily completed all corrections
identified during the final inspection and has
delivered, in accordance with the Contract Documents, all maintenance and operating instructions,
schedules, guarantees, bonds, certificates or other
evidence of insurance certificates of inspection,
marked-up record documents (as provided in
Paragraph 6.12), and other documents, Contractor
may make application for final payment following the
procedure for progress payments.
2. The final Application for Payment shall be
accompanied (except as previously delivered) by:
by Owner, Contractor may furnish receipts or
releases in full and an affidavit of Contractor that: (i)
the releases and receipts include all labor, services,
material, and equipment for which a Lien could be
filed; and (ii) all payrolls, material and equipment
bills, and other indebtedness connected with the
Work for which Owner or Owner's property might in
any way be responsible have been paid or otherwise
satisfied. Contractor's request for final payment shall
also include Contractor's final waiver of lien which
shall be for the full amount of Contract, including any
change orders thereto. If any Subcontractor or
Supplier fails to furnish such a release or receipt in
full, Contractor may furnish a bond or other collateral
satisfactory to Owner to indemnify Owner against
any Lien.
B. Engineer’s Review of Application and
Acceptance
1. If, on the basis of Engineer’s observation
of the Work during construction and final inspection,
and Engineer’s review of the final Application for
Payment and accompanying documentation as required by the Contract Documents, Engineer is
satisfied that the Work has been completed and
Contractor’s other obligations under the Contract
Documents have been fulfilled, Engineer will, within
ten days after receipt of the final Application for
Payment, indicate in writing Engineer’s recommendation of payment and present the Application for
Payment to Owner for payment. At the same time
Engineer will also give written notice to Owner and
Contractor that the Work is acceptable subject to the
provisions of Paragraph 14.09. Otherwise, Engineer
will return the Application for Payment to Contractor,
indicating in writing the reasons for refusing to
recommend final payment, in which case Contractor
shall make the necessary corrections and resubmit
the Application for Payment.
C. Payment Becomes Due
a. all documentation called for in the
Contract Documents, including but not
limited to the evidence of insurance required
by Paragraph 5.04.B.7;
b. consent of the surety, if any, to final
payment;
c. a list of all Claims against Owner that
Contractor believes are unsettled; and
1. Thirty days after the presentation to
Owner of the Application for Payment and
accompanying
documentation,
the
amount
recommended by Engineer, less any sum Owner is
entitled
to
set
off
against
Engineer’s
recommendation, including but not limited to
liquidated damages, will become due and , will be
paid by Owner to Contractor.
14.08
d. complete and legally effective releases or
waivers (satisfactory to Owner) of all Lien
rights arising out of or Liens filed in
connection with the Work.
3. In lieu of the releases or waivers of Liens
specified in Paragraph 14.07.A.2 and as approved
Final Completion Delayed
A. If, through no fault of Contractor, final
completion of the Work is significantly delayed, and
if Engineer so confirms, Owner shall, upon receipt of
Contractor’s final Application for Payment (for Work
fully completed and accepted) and recommendation
of Engineer, and without terminating the Contract,
3.49
make payment of the balance due for that portion of
the Work fully completed and accepted. If the
remaining balance to be held by Owner for Work not
fully completed or corrected is less than the
retainage stipulated in the Agreement, and if bonds
have been furnished as required in Paragraph 5.01,
the written consent of the surety to the payment of
the balance due for that portion of the Work fully
completed and accepted shall be submitted by
Contractor to Engineer with the Application for such
payment. Such payment shall be made under the
terms and conditions governing final payment,
except that it shall not constitute a waiver of Claims.
14.09
Waiver of Claims
A. The making and acceptance of final payment will constitute:
1. a waiver of all Claims by Owner against
Contractor, except Claims arising from unsettled
Liens, from defective Work appearing after final
inspection pursuant to Paragraph 14.06, from failure
to comply with the Contract Documents or the terms
of any special guarantees specified therein, or from
Contractor’s continuing obligations under the
Contract Documents; and
2. a waiver of all Claims by Contractor
against Owner other than those previously made in
accordance with the requirements herein and
expressly acknowledged by Owner in writing as still
unsettled.
Documents (including, but not limited to, failure to
supply sufficient skilled workers or suitable materials
or equipment or failure to adhere to the Progress
Schedule established under Paragraph 2.07 as
adjusted from time to time pursuant to Paragraph
6.04);
2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor’s disregard of the authority of
Engineer; or
4. Contractor’s violation in any substantial
way of any provisions of the Contract Documents.
B. If one or more of the events identified in
Paragraph 15.02.A occur, Owner may, after giving
Contractor (and surety ) seven three business days
written notice of its intent to terminate the services of
Contractor:
1. exclude Contractor from the Site, and
take possession of the Work and of all Contractor’s
tools, appliances, construction equipment, and
machinery at the Site, and use the same to the full
extent they could be used by Contractor (without
liability to Contractor for trespass or conversion),
2. incorporate in the Work all materials and
equipment stored at the Site or for which Owner has
paid Contractor but which are stored elsewhere, and
3. complete the Work as Owner may deem
expedient.
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
15.01
Owner May Suspend Work
A. At any time and without cause, Owner
may suspend the Work or any portion thereof for a
period of not more than 90 consecutive days by
notice in writing to Contractor and Engineer which
will fix the date on which Work will be resumed.
Contractor shall resume the Work on the date so
fixed. Contractor shall be granted an adjustment in
the Contract Price or an extension of the Contract
Times, or both, directly attributable to any such
suspension if Contractor makes a Claim therefor as
provided in Paragraph 10.05.
15.02
Owner May Terminate for Cause
A. The occurrence of any one or more of the
following events will justify termination for cause:
the
Such termination shall be effective as of the date
stated in the termination notice provided to
Contractor.
1. Contractor’s persistent failure to perform
Work in accordance with the Contract
C. If Owner proceeds as provided in
Paragraph 15.02.B, Contractor shall not be entitled
to receive any further payment until the Work is
completed. If the unpaid balance of the Contract
Price exceeds all claims, costs, losses, and
damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or
other dispute resolution costs) sustained by Owner
arising out of or relating to completing the Work,
such excess will be paid to Contractor. If such
claims, costs, losses, and damages exceed such
unpaid balance, Contractor shall pay the difference
to Owner. Such claims, costs, losses, and damages
incurred by Owner will be reviewed by Engineer as
to their reasonableness and, when so approved by
Engineer, incorporated in a Change Order. When
exercising any rights or remedies under this
Paragraph Owner shall not be required to obtain the
lowest price for the Work performed.
3.50
D. Notwithstanding Paragraphs 15.02.B and
15.02.C, Contractor’s services will not be terminated
if Contractor begins within seven days of receipt of
notice of intent to terminate to correct its failure to
perform and proceeds diligently to cure such failure
within no more than 30 days of receipt of said notice.
E. Where Contractor’s services have been
so terminated by Owner, the termination will not
affect any rights or remedies of Owner against
Contractor then existing or which may thereafter
accrue. Any retention or payment of moneys due
Contractor by Owner will not release Contractor from
liability.
F. If and to the extent that Contractor has
provided a performance bond under the provisions
of Paragraph 5.01.A, the termination procedures of
that bond shall supersede the provisions of
Paragraphs 15.02.B, and 15.02.C.
15.03
Owner May Terminate For Convenience
A. Upon seven three business days written
notice to Contractor and Engineer, Owner may,
without cause and without prejudice to any other
right or remedy of Owner, terminate the Contract.
Such termination shall be effective as of the date
stated in the written notice. In such case, Contractor
shall be paid for (without duplication of any items):
1. completed and acceptable Work executed
in accordance with the Contract Documents prior to
the effective date of termination, including fair and
reasonable sums for overhead and profit on such
Work;
2. expenses sustained prior to the effective
date of termination in performing services and furnishing labor, materials, or equipment as required by
the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for
overhead and profit on such expenses;
3. all claims, costs, losses, and damages
dispute resolution costs) incurred in settlement of
terminated contracts with Subcontractors, Suppliers,
and others; and
4. reasonable expenses directly attributable
to termination.
B. Contractor shall not be paid on account of
loss of anticipated profits or revenue or other economic loss arising out of or resulting from such
termination.
C.
Contractor shall require similar
provisions contained in Paragraph 15.03 in each of
its subcontracts to protect Contractor from claims by
Subcontractors arising from the Owner’s termination
for convenience, or to minimize claims by such
subcontractors. The remedy provided to Contractor
under this Paragraph 15.03 shall be the Contractor’s
sole remedy in the event of termination for
convenience by Owner.
15.04
Contractor May Stop Work or Terminate
A. If, through no act or fault of Contractor, (i)
the Work is suspended for more than 90 consecutive
days by Owner or under an order of court or other
public authority, or (ii) Engineer fails to act on any
Application for Payment within 30 days after it is
submitted, or (iii) Owner fails for 30 days to pay
Contractor any sum finally determined to be due,
then Contractor may, upon seven days written notice
to Owner and Engineer, and provided Owner or
Engineer do not remedy such suspension or failure
within that time, terminate the Contract and recover
from Owner payment on the same terms as provided
in Paragraph 15.03.
B. In lieu of terminating the Contract and
without prejudice to any other right or remedy, if
Engineer has failed to act on an Application for
Payment within 30 days after it is submitted, or
Owner has failed for 30 days to pay Contractor any
sum finally determined to be due, Contractor may,
seven days after written notice to Owner and
Engineer, stop the Work until payment is made of all
such amounts due Contractor, including interest
thereon. The provisions of this Paragraph 15.04 are
not intended to preclude Contractor from making a
Claim under Paragraph 10.05 for an adjustment in
Contract Price or Contract Times or otherwise for
expenses or damage directly attributable to
Contractor’s stopping the Work as permitted by this
Paragraph.
ARTICLE 16 - DISPUTE RESOLUTION
16.01
Methods and Procedures
A. Either Owner or Contractor may request
mediation of any Claim submitted to Engineer for a
decision under Paragraph 10.05 before such
decision becomes final and binding. The mediation
will be governed by the Construction Industry
Mediation Rules of the American Arbitration
Association in effect as of the Effective Date of the
Agreement. The request for mediation shall be
submitted in writing to the American Arbitration
Association and the other party to the Contract.
3.51
Timely submission of the request shall stay the
effect of Paragraph 10.05.E.
ARTICLE 17 - MISCELLANEOUS
A.
Procedures
17.01
Settlement,
Methods
and
1.
In the event that Contractor files a
Claim or files an action against Owner, Owner shall
be entitled to make an offer of settlement of the
Claim to Contractor at any time up to the date of
trial.
Such offer of settlement shall not be
admissible into evidence at the litigation except on
the issue of entitlement to recovery of attorneys’
fees, costs and expenses. If at any stage of the
litigation, including any appeals, Contractor's claim is
dismissed or found to be without merit, or if the
damages awarded to Contractor on its claim do not
exceed Owner's offer of settlement, Contractor shall
be liable to Owner and shall reimburse Owner for all
attorneys fees, costs and expenses incurred by
Owner from the date of the offer of settlement until
the date of the final adjudication and resolution of
Contractor's claim.
2.
Any dispute, claim or other matter
not settled by negotiation or other means as
mutually agreed upon by Owner, Contractor, and
surety where applicable, shall be determined by the
Court of Common Pleas for Licking County, Ohio,
which shall have exclusive venue and jurisdiction
over such matters and claims.
B. Owner and Contractor shall participate in
the mediation process in good faith. The process
shall be concluded within 60 days of filing of the
request. The date of termination of the mediation
shall be determined by application of the mediation
rules referenced above.
C. If the Claim is not resolved by mediation,
Engineer’s action under Paragraph 10.05.C or a
denial pursuant to Paragraphs 10.05.C.3 or 10.05.D
shall become final and binding 30 days after
termination of the mediation unless, within that time
period, Owner or Contractor:
1. elects in writing to invoke any dispute
resolution
process
provided
for
in
the
Supplementary Conditions, or
2. agrees with the other party to submit the
Claim to another dispute resolution process, or
3. gives written notice to the other party of
their intent to submit the Claim to a court of
competent jurisdiction.
Giving Notice
A. Whenever any provision of the Contract
Documents requires the giving of written notice, it
will be deemed to have been validly given if:
1. delivered in person to the individual or to
a member of the firm or to an officer of the
corporation for whom it is intended, or
2. delivered at or sent by registered or
certified mail, postage prepaid, to the last business
address known to the giver of the notice.
17.02
Computation of Times
A. When any period of time is referred to in
the Contract Documents by days, it will be computed
to exclude the first and include the last day of such
period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal
holiday by the law of the applicable jurisdiction, such
day will be omitted from the computation.
17.03
Cumulative Remedies
A. The duties and obligations imposed by
these General Conditions and the rights and
remedies available hereunder to the parties hereto
are in addition to, and are not to be construed in any
way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by
special warranty or guarantee, or by other provisions
of the Contract Documents. The provisions of this
Paragraph will be as effective as if repeated
specifically in the Contract Documents in connection
with each particular duty, obligation, right, and
remedy to which they apply.
17.04
Survival of Obligations
A. All representations, indemnifications, warranties, and guarantees made in, required by, or
given in accordance with the Contract Documents,
as well as all continuing obligations indicated in the
Contract Documents, will survive final payment,
completion, and acceptance of the Work or termination or completion of the Contract or termination of
the services of Contractor.
17.05
Controlling Law
A. This Contract is to be governed by the
law of the state in which the Project is located. This
Contract shall be governed by the law of the State of
Ohio.
3.52
17.06
Headings
A. Article and paragraph headings are
inserted for convenience only and do not
constitute parts of these General Conditions.
17.07 Equal Employment Opportunity and NonDiscrimination. The Contractor shall comply with,
and shall require all Subcontractors of any tier to
comply with, the applicable equal employment
opportunity and non-discrimination statutes and
regulations of the State of Ohio.
17.08 Contract Work Hours and Safety Standard
Act. All Contractors and Subcontractors, of any tier,
shall comply with the applicable federal regulations
for contract work hours and safety standards.
17.09 Clean Air Act. All Contractors and
Subcontractors, of any tier, shall comply with the
applicable standards, orders, or regulations issued
pursuant to the Clean Air Act of 1970 (42 U.S.C.
1857, et seq.) and the Federal Water Pollution
Control Act (33 U.S. C. 1251, et seq.), as amended.
17.10 Shutdown Dates. Due to events scheduled
by the Owner and/or other Owner considerations,
Contractor will not be able to perform Work on the
Project on the following dates:


Buckeye Lake Holiday’s
July 3, 2012
Shutdown Dates shall be treated in the same
manner as a holiday as set forth herein. During the
dates listed above, Contractor is required to insure
that all safety requirements are met, including the
safety and protection requirements in Paragraph
6.13. Further, Contractor’s schedule for performing
the Work shall account for Contractor not being able
to perform Work on these dates and the contractual
dates for Substantial Completion and Final
Completion will not be changed due to Contractor
not being able to perform Work on these dates.
During the mandatory Shutdown Dates the
Contractor shall not be relieved of any contractual
requirements set forth in the Contract Documents.
17.11 Use of Non-National Workforce. Any nonnational working for the Contractor or SubContractor (s) shall comply will all local, state and
federal laws and regulations regarding immigration
and labor.
17.12 Employment of Children. The Contractor
and Sub-Contractor(s) shall abide by the Fair Labor
Standards Act.
3.53
4.0 SPECIAL PROJECT CONDITIONS
Nutrient Reduction Project
BL SWIF
SPECIAL PROJECT CONDITIONS
SECTION 1:
DECLARATION REGARDING MATERIAL ASSITANCE/NONASSISTANCE TO A TERRORIST
ORGANIZATION
1.01: GENERAL
1.01.1 PURPOSE
The purpose of this section is to provide the state of Ohio with an additional tool to deter and prosecute
acts of terrorism within the state.
1.01.2 AUTHORITY
The requirements herein stated are authorized under Senate Bill 9, the state’s homeland security and
antiterrorism legislation. Governor Taft signed the legislation into law on January 11, 2006. Sections
2909.32, 2909.33 and 2909.34 of the Ohio Revised Code (O.R.C.) officially defined and created the
Declaration Regarding Material Assistance/Nonassistance to a Terrorist Organization.
1.01.03 EQUIREMENT
Prior to entering into any contact to conduct business or provide funding, the state of Ohio, any
instrumentality of the state or any political subdivision of the state must obtain a Declaration Regarding
Material Assistance/Nonassistance to a Terrorist Organization form pursuant to O.R.C. Section 2909.33
(C).
1.01.04 EFINITIONS
Declaration Regarding Material Assistance/Nonassistance to a Terrorist Organization, hereinafter referred
to as DMA, is a questionnaire to be completed by the successful Bidder prior to the award of a contract to
certify that Bidder has not provided “material assistance” to a terrorist organization.
Terrorist Exclusion List is a list of foreign organizations known to support and/or engage in acts of
terrorism. The U.S. Department of State maintains this list. The Terrorist Exclusion List shall hereinafter
be referred to as the TEL.
Material Assistance, as defined by statute, means any of the following:

Membership in an organization on the TEL,

Use of the person’s position of prominence within any country to persuade others to support an
organization on the TEL,

Knowingly soliciting funds or other things of value for an organization on the TEL,

Solicitation of any individual for membership in an organization on the TEL,

Commission of an act that a person knows, or reasonably should have known, affords material
support or resources to an organization on the TEL,

Hiring or compensating a person known by the person hiring or providing compensation to be a
member of an organization on the TEL, or a person known by the person hiring or providing
compensation to be engaged in planning, assisting or carrying our an act of terrorism.
Material Support or Resources, as define by statute, means currency, payment instruments (check, draft,
money order, traveler’s check, cashiers check, teller’s check), other financial securities, funds, transfer of
funds, and financial services that are in excess of one hundred dollars (USD 100.00), as well as
communications, lodging, training, safe houses, false documentation or identification, communication’s
equipment, facilities, weapons, lethal substances, explosives, personnel, equipment, and other physical
assets except medicine or religious materials.
Personal Benefit means:
Special Project Conditions
4.1



BL SWIF
Pensions, disability and survivor benefits,
Money, goods, services or other things of value provided by the United States, or a political
subdivision of the state to which the recipient is entitled to by reason of age, medical condition, or a
financial need that is establisher pursuant to an act of congress or the state legislature,
Salary or compensation a person receives as an employee of the state or a political subdivision of
the state.
State shall mean the state of Ohio, United States of America.
1.02:
SUBMITTALS
Upon receipt of the Notice of Award, the successful Bidder shall complete and fully execute the
Declaration Regarding Material Assistance/Nonassistance to a Terrorist Organization (DMA) form
provided herein these documents. The successful Bidder shall return the DMA to the city within fifteen
(15) days of receipt. The city will not execute nor process any purchase order until such time that the
completed and executed DMA has been received.
1.03: REVIEW OF THE DMA
Upon submittal, the city will promptly review the completed and executed DMA form to determine if any
positive responses are indicated on the DMA. A positive response is indicated either by the successful
Bidder selecting “yes” to any question on the questionnaire, or by failing to answer “no” to any question.
O.R.C bars the City from executing an agreement or contract with the successful Bidder if a positive
response is indicted on the DMA. The city will notify the Bidder in writing that he/she is denied an
agreement or contract. The city will also notify the state of Ohio, Department of Public Safety, Division of
Homeland Security that it has denied the Bidder an agreement or contract due to a positive response on
the DMA.
1.04:
APPEAL OF DENIAL
1.04.1 APPEAL PROCESS
If the Bidder believes the denial of an agreement or contract due to a positive response on the DMA was
inappropriate or unjust, he/she may request a review of the denial. The Bidder shall obtain the required
forms from the Ohio Homeland Security website at www.homelandsecurity.ohio.gov. The Bidder shall
fully complete the forms and return them to the Department of Public Safety, Division of Homeland
Security at the address given on the form via certified mail. Appeals of denial may only be made to
Department of Public Safety; the City is barred from consideration of such appeals. Such appeals shall
be made within fifteen (15) days of receipt of the notification of denial from the city. If such appeal is not
made within the fifteen (15) day period, then the city shall begin actions to award the contract to the next
lowest and best Bidder.
1.04.2 BASIS FOR REVIEW OF DENIAL
Once the appeal request has been filed, the Department of Public Safety shall consider and decide the
appeal within thirty (30) days. The Department will overturn a denial if all the following apply:


The provision of material assistance to an organization on the TEL was made more than ten (10)
years before the DMA was filled out, or the provision of material assistance was made within the
prior ten years, but the organization was either not on the TEL at the time, or would not have
merited inclusion on the TEL if the TEL had existed, or if it was unreasonable at the time to know of
the organization’s activities that warranted its inclusion on the TEL,
It is unlikely that the Bidder will provide material assistance to an organization on the TEL in the
future,
4.2

BL SWIF
The Bidder does not pose a risk to the residents of the state.
1.04.3 FURTHER APPEAL
If the Department of Public Safety determines not to overturn the denial, the Bidder may further appeal
the case pursuant to Section 119 of the Ohio Revised Code.
4.3
BL SWIF
4.4
5.0 PROJECT DESCRIPTION &
SUPPLEMENTAL SPECIFICATIONS
BL SWIF
PROJECT DESCRIPTION & SUPPLEMENTAL SPECIFICATIONS
A. General:
The current standard specifications of the State of Ohio, Department of Transportation, including changes
and supplemental specifications shall govern this improvement unless otherwise specified in the
construction specification notes.
The contractor shall provide for the construction and completion of every detail of the work described.
The contractor shall perform all items of work covered and stipulated in this proposal and perform altered
and extra work, furnish all labor, equipment, materials, tools, transportation, and supplies required to
complete the work in accordance with the specifications and terms of this contract. Should any
misunderstanding arise as to the intent or meaning of the plans, specifications, and special provisions of
this proposal, or any discrepancy appear, the decision of the Street Superintendent shall be final and
conclusive.
Whenever in the plans and specifications references are made to Director, it shall be interpreted to mean
Street Superintendent of the Village of Buckeye Lake.
Whenever in the plans and specifications references are made to Engineer, it shall be interpreted to
mean Street Superintendent of the Village of Buckeye Lake or his authorized representative.
Whenever in the plans and specifications references are made to State of Ohio, it shall be interpreted to
mean Village of Buckeye Lake acting through its authorized representative.
All construction and material usage shall be in accordance with climatic conditions addressed in the
current issue of the Ohio Department of Transportation Construction and Materials Specifications.
B. Maintenance of Traffic (MOT):
All relevant signage and street closures shall be the responsibility of the contractor, and shall be
coordinated with Village officials 48 hours prior to the start of work. MOT and signage shall be in
accordance with ODOT Item 614 and the Ohio Manual of Uniform Traffic Control Devices (OMUTCD). All
MOT items, signage, etc shall be paid for under Item 614, Maintaining Traffic.
The contractor shall allow access to driveways at all times during non-work hours.
C. Rain Garden Specifications:
Replace existing raised bed between the Buckeye Lake Village Administration Building parking lot and
Walnut Road with a rain garden (8’ x 55’) that will capture storm water runoff from adjacent parking lot
and roadway, as shown on the exhibit.
I.



Erosion control Install all temporary erosion control measures prior to the start of any construction operation that may
cause any sedimentation or siltation at the site.
Inspect erosion control measures at least once a week and after each rainfall event. Make any required
repairs immediately.
If using silt fence fabric, silt fence fabric that collapses, tears, decomposes or otherwise becomes
ineffective should be replaced within 24 hours of discovery. Remove silt fence deposits once they reach
30 percent the height of the silt fence or silt curtain. Care should be taken to avoid undermining the fence
during cleanout.
Supplemental Specifications
5.1
















BL SWIF
Erosion control devices shall be maintained until the site is stabilized, as determined by the Buckeye Lake
Village Project Manager.
Perform continuous inspections of temporary construction access to ensure that it is providing adequate
erosion and sedimentation control for the construction site.
Remove the silt fence after the site is stabilized per Buckeye Lake Village Project Manager.
II.
Rain garden excavation, backfill and grading
The rain garden will replace the existing raised bed between the Village Administration Building parking
lot and the road.
Ensure that construction access or equipment staging areas do not conflict with the final location of the
rain garden or the flow of the parking lot.
Saw Cut the existing pavement and excavate the rain garden 2 feet below grade.
Install drums around the plating bed to secure it from motorists.
All sub material below the specified elevation shall be left undisturbed, unless otherwise directed by the
Buckeye Lake Village Project Manager.
Establish a 2%-10% slope to center of rain garden. Grading of the rain garden shall be accomplished
using low-impact earthmoving equipment to prevent compaction of the underlying soils. Small tracked
dozers and bobcats with runner tracks are recommended.
In the event that sediment is introduced into the BMP during or immediately following excavation, this
material will need to be removed from the rain garden prior to initiating the next step in the rain garden
construction process. This is especially important if the rain garden has been designed to infiltrate storm
water because sediment that has been washed into the rain garden during the excavation process can
seal the permeable material significantly reducing the infiltration capacity of the soils.
Do site prep including adding gravel (1”-3”) as a base layer following by a 19” layer of well-blended soil
(bioretention mix of approximately 60% sand, 20% topsoil, and 20% organic leaf compost with 30% void
space) and then heavy mulch (i.e. wood chips).
o Clean, washed 1 to 3-inch gravel shall be placed in the bottom of the raingarden to the depth of
3”. Gravel should be lightly compacted.
o Sand should be clean construction sand, free of deleterious materials. A grain size of 0.02”-0.04”
is preferred.
o Top soil should be sandy loam, loamy sand, or loam texture per USDA textural triangle with less
than 5% clay content.
o Portions of rain garden to be planted shall be top-dressed with 3” of non-dyed woodchip mulch,
double-shredded varieties are recommended.
Native planting shall not commence until planting areas have been properly amended and prepared per
the specifications. The site shall be free from all weeds and invasive plant species.
The contractor will include 7 parking lot blocks along the north side of the rain garden on the parking lot to
prevent motorists from driving into the garden.
III.
Native planting
Due to the inherent difficulties associated with establishing quality vegetated cover from seed in areas of
ponding and/or flowing water, seeding is not appropriate for this project.
Install rain garden plugs at a rate of 1 plant per square foot for a total of 440 plants. Plugs must be
perennials that are native to the ecoregion. Healthy plugs should be as mature as possible to expedite
garden establishment.
Include list of recommended plants and location in garden in bid. Consider sign and parking lot
entrance/exit visibility. A suggested planting list is included at the end of this section.
5.2


D.
BL SWIF
All plant material shall be thoroughly watered within 8 hours of planting. Water rain garden once per
week as the plants get established through the summer of 2014. Contractor shall replace all dead rain
garden plants through the fall of 2014.
IV.
Long Term Care
Maintain rain garden, including weeding and replacing any dead plants, through the fall of 2014.
Pervious Concrete Pavement Installation:
The pervious parking lot limits have not been field surveyed. The engineer shall mark the limits of the
pervious pavement in the field. The location will closely resemble that shown on the exhibit included in
this bidding packet.
The contractor shall saw cut the limits of the parking lot as marked in the field. Broken or jagged edges
between the existing asphalt parking lot and the pervious pavement will not be accepted by the village.
Clean straight edges must be cut and maintained. The contractor will be responsible for any additional
material and or labor required to fix broken, jagged, etc. asphalt edges. The contractor will remove the
asphalt pavement and excavate in the designated area and dispose of the excavated material.
After paving, the Contractor is to restripe the parking stalls that were removed during pavement
installation.
E. Catch Basin Installation:
The contractor is to remove two existing catch basins and pipe 22 feet of conduit located at the corner of
Lighthouse Lane and Dockside Drive. The contractor is to then install two new catch basins and replace
the removed conduit at the exact locations and elevations as the removed items. The contractor is to then
install a Grate Inlet Skimmer Box as per the specification or approved equal in each catch basin installed.
The village of Buckeye Lake is to receive the removed basins.
F. Scheduling:
All work shall be substantially completed by November 1, 2014.
5.3
SUGGESTED PLANT LIST FOR YOUR RAIN GARDEN
BOTANICAL
NAME
COMMON
NAME
LIGHT
PREFERENCE
BLOOM
TIME
BLOOM
COLOR
HEIGHT
Aquilegia canadensis
Columbine
Shade
Spring to Summer
Scarlet, yellow
1-2’
Asclepias incarnata
Swamp Milkweed
Sun
June-July
Red/pink
3-5’
Aster laevis
Smooth Aster
Sun
Aug.-Oct.
Blue
1-4’
Aster novae-angliae
New England Aster
Sun
Aug.-Oct.
Pink, purplish
3-6’
Baptisia australis
Blue False Indigo
Full to part Sun
May-July
Blue
2-4’
Caltha palustris
Marsh Marigold
Sun
April-May
Yellow
1-2’
Chelone glabra
White Turtlehead
Sun
July-Oct.
White to Purple
1-3’
Echinacea purpurea
Purple Coneflower
Full to part Sun
July-Sept.
Purple
3-4’
Eupatorium purpureum
Joe-Pye Weed
Sun
July-Sept.
Rose to pink
3-5’
Iris versicolor
Blue Flag Iris
Sun
June-July
Blue
2-3’
Liatris spicata
Blazing Star
Sun
July-Aug.
Purple-Pink
3-5’
Lobelia cardinalis
Cardinal Flower
Full to part Sun
July-Sept.
Red
2-5’
Lobelia siphilitica
Great Blue Lobelia
Full to part Sun
July-Sept.
Blue
1-4’
Lycopus americanus
Cut-leaved Water Horehound
Sun
June-Sept.
White
1-2’
Monarda didyma
Bee Balm
Sun
Summer
Red
2-5’
Monarda fistulosa
Wild Bergamot
Full to part Sun
July-Sept.
Lavender
2-5’
Onoclea sensibilis
Sensitive Fern
Shade
Non-flowering
Non-flowering
1-2’
Osmunda cinnamomea
Cinnamon Fern
Shade
Non-flowering
Non-flowering
2-5’
Osmunda regalis
Royal Fern
Shade
Non-flowering
Non-flowering
1-3’
Penstemon digitalis
Smooth Penstemon
Sun
June-July
White
2-3’
Polemonium reptans
Spreading Jacob’s Ladder
Full to part Sun
Spring/Summer
Blue
12-15"
Potentilla norvegica
Rough Cinquefoil
Sun to part Shade
Late Spring to Fall
Yellow
4-36"
Rudbeckia laciniata
Green-headed Coneflower
Sun
Aug.-Oct.
Yellow
4-6’
Rudbeckia triloba
Branching Coneflower
Full to part Sun
July-Sept.
Yellow
2-4’
Sagittaria latifolia
Arrowhead
Full to part Sun
Summer
White
1-5’
Silphium perfoliatum
Cup Plant
Full to part Sun
Summer
Yellow
3-10’
Silphium terebinthinaceum
Prairie Dock
Full to part Sun
July-Sept.
Yellow
2-10’
Solidago ohioensis
Ohio Goldenrod
Sun
Aug.-Sept.
Yellow
3-4’
Stylophorum diphyllum
Celandine Poppy
Part shade to full Sun
May-July
Yellow
12-18"
Vernonia fasciculata
Ironweed
Sun
July-Sept.
Red-pink
4-6’
Veronicastrum virginicum
Culver’s Root
Full to partial Sun
July-Aug.
White
3-6’
Andropogon gerardii
Big Bluestem
Full Sun
Sept.-Oct.
Golden blue
4-8’
Carex muskingumensis
Palm Sedge
Part shade to full Sun
Spring
Red-brown
2-3’
Carex vulpinoidea
Fox Sedge
Sun
May-June
Green
1’-3’
Panicum virgatum
Switch Grass
Full Sun
Aug.-Sept.
Green, gold
3-6’
Spartina pectinata
Prairie Cord Grass
Full Sun
Aug.-Sept.
Green, gold
3-7’
17
Rain Garden Manual for Homeowners
SECTION 3178
PORTLAND CEMENT PERVIOUS CONCRETE PAVEMENT
PART 1
1.01
GENERAL
Scope of Work:
A.
The Work to be completed under this contract includes the furnishing of all labor, materials and
equipment necessary for construction of Pervious Concrete Pavement for streets, parking & pedestrian
areas in conformance with the plans and specifications.
1.02
References:
A.
B.
American Concrete Institute
1.
ACI 211.3R “Guide for Selecting Proportions for Non-Slump Concrete”
2.
ACI 305 “Hot Weather Concreting”
3.
ACI 306 “Cold Weather Concreting”
4.
ACI 522 “Pervious Concrete Committee Recommendations”
5.
ACI Flatwork Finisher Certification Program
6.
ACI Field Technician Certification Program
American Society for Testing and Materials
1.
ASTM C29 “Test for Unit Weight and Voids in Aggregate”
2.
ASTM C33 “Specification for Concrete Aggregates”
3.
ASTM C42 “Test Method for Obtaining and Testing Drilled Cores and Sawed Beams of
Concrete.”
4.
ASTM C117 “Test Method for Material Finer than 75 microns (No. 200) Sieve in Mineral
Aggregates by Washing.”
5.
ASTM C138 “Test Method for Unit Weight, Yield and Air Content (Gravimetric) of Concrete.”
6.
ASTM C140 “Test Method for Concrete Masonry Units
7.
ASTM C150 “Specifications for Portland Cement”
8.
ASTM C172 “Practice for Sampling Fresh Concrete”
9.
ASTM C260 “Specification for Air-Entraining Admixtures for Concrete”
10.
ASTM C494 “Specification for Chemical Admixtures for Concrete”
11.
ASTM C595 “Specification for Blended Hydraulic Cements” (Types IP or IS only)
12.
ASTM C618 “Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use as
a Mineral Admixture in Portland Cement Concrete.”
13.
ASTM C989 “Specification for Ground Granulated Blast-Furnace Slag for Use in Concrete and
Mortars.”
14.
ASTM C1077 “Practice for Laboratories Testing Concrete and Concrete Aggregates for Use in
Construction and criteria for Laboratory Evaluation.”
1
15.
ASTM D1557 “Tests for Moisture-Density Relations of Soils and Soil Aggregate Mixtures
Using 10 Pound Rammer and 18-inch Drop.”
16.
ASTM E329 “Standard Recommended Practice for Inspection and testing Agencies for
Concrete, Steel and Bituminous Materials as Used in Construction.”
17.
ASTM C 1116 “Specification for Fiber-Reinforced Concrete”
18.
ASTM C 1602 “Specification for Mixing Water Used in the Production of Hydraulic Cement
Concrete”
19.
ASTM C 1688 “Test Method for Density and Void Content of Freshly Mixed Pervious
Concrete”
20.
ASTM C 1701 “Test Method for Infiltration Rate of In Place Pervious Concrete”
21.
ASTM D 448 “Classification for Sizes of Aggregate for Road and Bridge Construction”
22.
ASTM D 1557 “Test Methods for Laboratory Compaction Characteristics of Soil Using
Modified Effort (56,000 ft-lbf/ft3)”
23.
ASTM D 1751 “Specification for Preformed Expansion Joint Filler for Concrete Paving and
Structural Construction (Nonextruding and Resilient Bituminous Types)”
24.
ASTM D 1752 “Specification for Preformed Sponge Rubber Cork and Recycled PVC
Expansion Joint Fillers for Concrete Paving and Structural Construction”
25.
ASTM D 2434 “Test Method for Permeability of Granular Soils (Constant Head)”
26.
ASTM D 3385 “Test Method for Infiltration Rate of Soils in Field Using Double-Ring
Infiltrometer”
27.
ASTM D 5084 “Test Methods for Measurement of Hydraulic Conductivity of Saturated Porous
Materials Using a Flexible Wall Permeameter (Falling Head, Method C)”
28.
ASTM D 5093 “Test Method for Field Measurement of Infiltration Rate Using a Double-Ring
Infiltrometer with a Sealed-Inner Ring”
29.
ASTM D 6391 “Test Method for Field Measurement of Hydraulic Conductivity Limits of
Porous Materials Using Two Stages of Infiltration from a Borehole”
30.
1.03
ASTM D7357 “Specification for Cellulose Fibers for Fiber-Reinforced Concrete”
Quality Assurance:
A.
Prior to award the contractor shall submit evidence of two successful Pervious Concrete Pavement
projects including but not limited to the following:
1.
Project name and address, owner name and contact information
2.
Test results including unit weight, void content and thickness
This requirement may be waived by the owner provided the contractor can demonstrate successful
experience in the concrete industry and provides a test panel for inspection and testing.
3.
The Bidder/Contractor shall employ no less than one NRMCA certified Pervious Concrete
Craftsman who must be on site, overseeing each placement crew during all concrete placement,
2
or employ no less than three NRMCA certified Pervious Concrete Installers, who shall be on site
as members of each placement crew during all concrete placement, or employ no less than five
NRMCA certified Pervious Concrete Technicians, who shall be on site working as members of
each placement crew during all concrete placement unless otherwise specified. The minimum
number of certified individuals listed above must be present on each pervious concrete
placement including any test panel placements, and a certified individual must be in charge of
the placement crew and procedures.
4.
If the placing contractor and concrete producer have insufficient experience with pervious
concrete pavement (less than two successful projects), the placing contractor shall retain an
experienced consultant to monitor production, handling, and placement operations at the
Contractor’s expense.
1.04
Special Equipment: Pervious concrete requires specific equipment for compaction and jointing. The pavement
shall be compacted using one of two methods.
A.
Rolling compaction shall be achieved using a minimum 10-inch diameter steel pipe that spans the width
of the section placed and exerts a vertical pressure of at least 10 psi on the concrete.
B.
Plate compaction shall be achieved using a standard soil plate compactor that has a base area of at least
two square feet and exerts a minimum of 10 psi vertical pressure on the pavement surface.
C.
If joints are specified, they may either constructed by rolling or sawing. Rolled joints shall be formed
using a “salt roller” to which a beveled fin has been welded around the circumference. Sawed joints
shall be constructed as soon as the pervious pavement can be sawed without raveling the sawed edge and
before initial cracking occurs using either a dry-cut or wet saw. At no time during the sawing process
shall more pavement surface be exposed than that needed for sawing.
1.05
Submittals: Prior to commencement of the work the contractor shall submit the following:
A.
Concrete materials:
1.
Proposed concrete mixture proportions including all material weights, volumes, unit weight,
water cement ratio, aggregate cement ratio and void content.
1.06
2.
Aggregate type, source and gradation data.
3.
Cement, fly ash and admixture manufacturer certifications
B.
Qualifications: Evidence of qualifications listed under Quality Assurance.
C.
Project details: Specific plans, details, schedule, construction procedures and quality control plan.
D.
Subcontractors: List all materials suppliers and subcontractors to be used on the project.
Test Panels: Prior to construction, a test panel shall be placed to the satisfaction of the owner unless this
requirement is waived based on contractor qualifications.
A.
Each test panel shall be a minimum of 225 sq. ft and shall be placed, jointed and cured using materials,
equipment, and personnel proposed for the project.
3
B.
Test panel cost and removal, if necessary, shall be included as a line item in the contract proposal and
contract.
C.
Quality: Test panels shall have acceptable surface finish, joint details and porosity and shall comply
with the testing and acceptance standards listed in the Quality Control section of this specification.
D.
If test panels placed at the site are found to be deficient in thickness, unit weight or percentage of voids,
or of an unacceptable appearance, they shall be removed at the contractor’s expense and taken to an
approved landfill or recycling facility. If test panels are found to be satisfactory, they may be left inplace and included in the completed work.
1.07 Project Conditions: Weather Limitations
A. The Contractor shall not place pervious concrete for pavement when the ambient temperature is predicted by the
National Weather Service Point Forecast for the jobsite to be 40 ºF (4 ºC) or lower during the seven days
following placement, unless otherwise permitted in writing by the Architect/Engineer.
B. The contractor shall not place pervious concrete for pavement when the ambient temperature is predicted by the
National Weather Service Point Forecast for the jobsite to rise above 90 ºF (32 ºC) during the seven days
following placement, unless otherwise permitted in writing by the Architect/Engineer.
C. Pervious concrete pavement shall not be placed on frozen coarse aggregate or subgrade.
D. Evaporation control measures shall be applied from the time of discharge until the pavement is covered with
polyethylene sheeting to prevent moisture loss during placement operations.
PART 2 MATERIALS
2.01
Cement: Portland cement Type II or V conforming to ASTM C150 or Portland cement Type IP or IS
conforming to ASTM C595.
2.02
Supplementary Cementitious Materials:
A.
Fly ash conforming to ASTM C618 may be used in amounts not to exceed 25% of total cementitious
material.
B.
Ground Iron Blast-Furnace Slag conforming to ASTM C989 may be used in amounts not to exceed 50%
by weight of total cementitious material.
2.03
Chemical Admixtures:
A.
Air entraining agents shall comply with ASTM C260.
B.
Water Reducing Admixtures shall comply with ASTM C494
C.
Hydration stabilizer shall meet the requirements of ASTM C494. Hydration stabilizers are
recommended to increase concrete placement time to 90 minutes and improve placement and finishing
operations.
2.04
Fiber Reinforcement
4
A.
Synthetic fiber shall be in accordance to ASTM C 1116 Type III made of polypropylene.
B.
Cellulose fibers shall be in accordance to ASTM C 1116 Type IV made of natural fibers conforming to
ASTM D 7357.
2.05
Aggregates:
A.
Use a maximum 3/8” coarse aggregate that meets ASTM C33 Size 8 (3/8” to No. 16) and ODOT 703.
Fine aggregate meeting ASTM C33, if used, shall not exceed 3 cu. ft. If other aggregate sizes are
proposed, testing to assure unit weight, void content and workability must be submitted for approval.
B.
Larger aggregate sizes may increase porosity but can decrease workability. Avoid well graded
aggregates as they may reduce porosity, and may not meet void specifications.
C.
Where available, natural rounded aggregates are recommended.
2.06
Water: Potable water shall comply with local water standards and ASTM C 1602.
2.07
Mixture Proportions:
The Contractor shall furnish a proposed mix design with all proportions of materials prior to commencement of
work. The data shall include densities (unit weights) and void contents determined in accordance with ASTM C
1688 for fresh mixed properties and with ASTM C 140 for hardened concrete properties of the same proposed
mixture. The composition of the proposed concrete mixture shall be submitted to the Architect/Engineer for
review and/or approval and shall comply with the following provisions unless an alternative composition is
demonstrated to comply with the project requirements.
A.
Cementitious Content: For vehicle pavements, total cementitious content not less than 630 lbs/cy.
B.
Supplementary cementitious content: Fly ash: 25% maximum. Slag: 50% maximum
C.
Water / Cementitious Ratio: For vehicle pavements: 0.30
D.
Aggregate Content: The volume of aggregate per cubic yard shall be equal to 27 cubic foot when
calculated as a function of the unit weight determined in accordance with ASTM C29 jigging procedure.
E.
Admixtures: Admixture shall be used in accordance with the manufacturer’s instructions and
recommendations.
F.
Mix Water: Mix water quantity shall be such that the cement paste displays a wet metallic sheen
without causing the paste to flow from the aggregate. Mix water yielding a cement paste with a dull-dry
appearance has insufficient water for hydration. Insufficient water results in inconsistency in the mix
and poor bond strength between aggregate particles. High water content results in the paste reducing or
eliminating the void system required for porosity.
PART 3 EXECUTION
3.01
Subgrade:
A. Subgrade Preparation and Protection of Adjacent Building or Pavement Foundations
5
a.
Existing subgrade under detention layer areas shall be shaped to drain toward the rain garden and
compacted.
B. Groundwater Recharge Bed
1.
Subgrade Preparation
a.
Existing subgrade under recharge bed areas shall NOT be compacted or subject to excessive
construction equipment traffic prior to coarse aggregate bed placement.
b.
Where erosion of subgrade has caused accumulation of fine materials and/or surface ponding, this
material shall be removed with light equipment and the underlying soils scarified to a minimum depth
of 8 in. (203 mm) with a York rake or equivalent and light tractor.
c.
Bring subgrade of coarse aggregate recharge bed to line, grade, and elevations required.
d.
Fill and lightly regrade any areas damaged by erosion, ponding, or traffic compaction before the
placing of coarse aggregate.
2.
Recharge Bed Installation
a.
Upon completion of subgrade preparation, the Architect/Engineer shall be notified and shall inspect at
his discretion before the contractor may proceed with recharge bed installation.
b.
Filter fabric and recharge bed aggregate shall be placed immediately after approval of subgrade
preparation. Any accumulation of debris or sediment which has taken place after approval of subgrade
shall be removed prior to installation of filter fabric at the contractor’s expense.
c.
Place filter fabric in accordance with manufacturer’s standards and recommendations. Adjacent strips
of filter fabric shall overlap a minimum of 16 in. (406 mm). The contractor shall secure fabric at least 2
ft (610 mm) outside of bed and take steps necessary to prevent any runoff or sediment from entering
the storage bed. For protection of existing adjacent building foundations, the contractor shall place
impervious liner over filter fabric extending 6 ft (1829 mm) beyond toe of slope face at building face,
and secure as recommended by manufacturer.
d.
Install No. 57 crushed limestone coarse aggregate in 6 in. maximum lifts. Compact each layer with
mechanical vibratory compactor, keeping equipment movement over storage bed subgrades to a
minimum, to a density of 95% as established by ASTM D1557. Install aggregate to required grades.
e.
Following placement of bed aggregate, the filter fabric shall be folded back along all bed edges to
protect from sediment washout along bed edges. At least a 2 foot strip shall be used to protect beds
from adjacent bare soil. This edge strip shall remain in place until all bare soils contiguous to beds are
stabilized and vegetated. In addition, hay bales shall be placed at the toe of slopes which may be
adjacent to beds to further prevent sediment from washing into beds during site development. As the
site is fully stabilized, excess filter fabric along the bed edges can be cut back to coarse aggregate edge.
A.
Permeability: Subgrade should have a minimum permeability of 0.5 inch per hour. One suggested test
for subgrade permeability is the double ring infiltrometer as per ASTM D.
B.
Moisture: The subgrade moisture content shall be 1% - 3% above optimum as determined by ASTM
D1557.
6
C.
3.02
Inspect subgrade preparation, elevations, and conduct density tests for conformance to specifications.
Pavement Thickness:
A.
Pavement thickness for all applications shall be single-course placement 5 in. thick unless otherwise
specified. Pavements for vehicles heavier than single axle service/delivery trucks will require special
design thicknesses which may require two-course construction. Note: Thicknesses greater than 6 in. (152
mm) have been successfully installed with single-course construction, and design has been verified with
cores. Cores from a test slab may be used to confirm that consolidation and infiltration in the bottom of
the slab is consistent with design objectives. Cores may also be used to determine relative compressive
and flexural strengths.
3.03
Formwork:
A.
Forms may be of wood or steel and shall be the depth of the pavement. Forms shall be of sufficient
strength and stability to support mechanical equipment without deformation of plan profiles following
spreading, strike-off and compaction operations. Forms may have a removable spacer of ½” to ¾”
thickness placed above the depth of pavement. The spacers are removed following placement and
vibratory strike-off to allow roller compaction.
B.
The Contractor will be restricted to pavement placement widths of a maximum of 20 ft (6.1 m), unless
the Contractor can demonstrate competence to provide pavement placement widths greater than the
maximum specified to the satisfaction of the Architect/Engineer. Large scale mechanized placement of
pervious concrete with slipform concrete paving machines, laser screeds or asphalt paving machines may
preclude use of fixed forms.
3.04
Mixing and Hauling:
A.
Mixing: Truck mixers shall be operated at the speed designated as mixing speed by the manufacturer
for 75 – 100 revolutions.
B.
Transportation: The Pervious concrete mixture may be transported or mixed on site and shall be used
within one (1) hour of the introduction of mix water to the cement unless a hydration stabilizer is utilized
in the concrete mixture. Times may be extended to 90 minutes using a hydration stabilizer.
C.
Discharge: Each truckload will be inspected for consistency of concrete mixture as per the description
listed under Water Content in the Materials section of this specification. Water may be added to obtain
the required mix consistency. A minimum of 30 revolutions at the manufacturer’s designated mixing
speed shall be required following the addition of any water to the mix. Discharge shall be a continuous
operation and shall be completed as quickly as possible. Concrete shall be deposited as close to its final
position as practical and such that fresh concrete enters the mass of previously placed concrete.
3.05
Placing and Finishing:
7
A.
Prior to placing concrete, the surface of the aggregate detention layer (or recharge bed) shall be soaked
and in a wet condition at time of placement. Failure to moisten the aggregate surface will result in a
reduction in strength of the pavement.
B.
The Contractor shall provide either slip form or vibratory form riding equipment to place the concrete
unless otherwise approved by the Owner or Engineer in writing. No internal vibration shall be allowed.
Normal placement procedures involve utilizing a mechanical vibratory screed to strike off the concrete
½” to 3/4” above final height, utilizing the form spacers described in Formwork.
C.
Workers shall avoid stepping on the plastic concrete immediately after its placement. Foot pressure can
compress and force cement paste into the voids at the bottom of the slab, forming resistance to the
percolation through the slab. Apparent defects in the surface shall be carefully remedied by placing
fresh concrete into any depressions and compacting with a hand tamper.
D.
Following strike-off, remove spacers and compact the concrete to the form level, utilizing either a steel
roller or a plate compactor or other method approved by the Owner. This compaction secures the
surface materials assuring pavement durability. Care shall be taken during compaction that sufficient
compactive force is achieved without working the concrete surface enough to seal off the surface
porosity.
E.
Hand tampers shall be used to compact the concrete along the slab edges immediately adjacent to the
forms. After compacting and defect inspection and repair, no further finishing shall be performed on the
concrete. Surface shall be immediately cured.
3.06
Curing:
A.
Curing procedures shall begin no longer than 20 minutes after final placement operations. The
pavement surface shall be covered with a minimum of six (6) mil thick polyethylene sheet or other
approved covering material. The cover shall overlap all exposed edges and shall be secured to prevent
dislocation due to winds or adjacent traffic conditions. For additional guidance on hot weather
concreting, see ACI 305.
B.
The low water/cement ratio and high amount of exposed surface of pervious concrete makes it especially
susceptible to drying out. Keep the surface moist using a spray applied curing compound and/or
evaporation retarder immediately after screeding.
C.
The curing cover shall remain securely in place for 7 days minimum. No auto traffic shall be allowed on
the pavement until curing is complete and no truck traffic shall be allowed for 14 days.
3.07
Jointing
A.
Pervious pavement will generate cracking similar to conventional concrete pavements. Due to the
porous surface of pervious concrete, cracking is not as readily noticeable as with an impervious concrete.
For this reason jointing is considered optional.
8
B.
Control (contraction) joints shall be installed at regular intervals not to exceed 40 feet, or two times the
width of the placement. The control joints shall be installed at ¼ the depth (to a maximum depth of
1½”) of the thickness of the pavement. These joints can be installed in the plastic concrete or saw cut.
C.
Jointing plastic concrete: Joints installed in the plastic concrete are generally rolled in utilizing a small
roller with a beveled flange welded to the circumference. This type of jointing is done immediately after
roller compaction and prior to curing.
D.
Jointing hardened concrete: Joints may be saw-cut using an early entry saw. Saw-cuts shall be made as
soon as the pavement has hardened sufficiently to prevent raveling and uncontrolled cracking. Early
entry sawing occurs later with pervious concrete than with conventional concrete. For either method, the
curing cover shall be removed and the surface kept misted to prevent moisture loss. After sawing the
curing cover shall be securely replaced for the remainder of the curing cycle.
E.
Transverse construction joints: Transverse construction joints shall be installed whenever placing is
suspended for 30 minutes or whenever concrete is no longer workable. Isolation joints: Isolation joints
shall used when abutting fixed vertical structures such i.e. light pole bases, building foundations, etc.
3.08
Quality Control:
A.
The Village of Buckeye Lake will employ a testing laboratory conforming to the requirements of ASTM
E329 and ASTM C1077. All personnel engage in testing shall be certified by the American Concrete
Institute as ACI Concrete Field Technicians and be able to present their wallet cards upon request.
B.
Traditional portland cement pavement testing procedures based on strength and slump control are not
applicable to this type of pavement material. Concrete tests shall be performed for each 100 cubic yards
or fraction thereof with a minimum of one test for each day’s placement.
C.
Plastic concrete shall be sampled in accordance with ASTM C 172 and tested for unit weight in
accordance with ASTM C 29 using the jigging procedure for compaction. The unit weight of the
delivered concrete shall be +/- 5 pcf of the design unit weight.
D.
Plastic void content shall be calculated as per ASTM C138, Gravimetric Air Determination and
compared to the void percentage used in Hydraulic design. Void content shall normally be between 15%
and 25%.
E.
Hardened concrete shall be tested at a rate of one set of three cores per 150 cy of concrete placed on one
day or fraction thereof. The cores shall be drilled in accordance with ASTM C 42. The cores when
measured for length shall not be less than the specified design thickness.
F.
The cores shall be tested for saturated unit weight using ASTM C42 and void content using ASTM
C140. Measured unit weight shall be +/- 5 pcf of the design unit weight. Measured void content shall
not be less than the void content used in the hydraulic design.
3.09
Basis of Payment
9
A.
Pervious concrete pavement shall be paid for based on the square yard of in-place product including
materials and labor.
B.
Performance and Inspection/Maintenance Excessive raveling – At or before 28 days after placement, any
areas of excessive surface raveling, as determined by the Architect/Engineer, shall be removed and
replaced or repaired by the Contractor at no additional cost to the project.
END OF SECTION
10
6.0 STATE OF OHIO
PREVAILING WAGE DETERMINATION
Prevailing Wage Determination Cover Letter
County:
Determination Date:
Expiration Date:
-Select-Select-
10/14/2013
01/14/2014
THE FOLLOWING PAGES ARE PREVAILING RATES OF WAGES ON PUBLIC IMPROVEMENTS FAIRLY ESTIMATED TO BE
MORE THAN THE AMOUNT IN O.R.C. SEC. 4115.03 (b) (1) or (2), AS APPLICABLE.
Section 4115.05 provides, in part: “Where contracts are not awarded or construction undertaken within ninety days from the date of
the establishment of the prevailing wages, there shall be a redetermination of the prevailing rate of wages before the contract is
awarded.” The expiration date of this wage schedule is listed above for your convenience only. This wage determination is not
intended as a blanket determination to be used for all projects during this period without prior approval of this Department.
Section 4115.04, Ohio Revised Code provides, in part: “Such schedule of wages shall be attached to and made a part of the
specifications for the work, and shall be printed on the bidding blanks where the work is done by contract...”
The contract between the letting authority and the successful bidder shall contain a statement requiring that mechanics and
laborers be paid a prevailing rate of wage as required in Section 4115.06, Ohio Revised Code.
The contractor or subcontractor is required to file with the contracting public authority upon completion of the project and prior to
final payment therefore an affidavit stating that he has fully complied with Chapter 4115 of the Ohio Revised Code.
The wage rates contained in this schedule are the “Prevailing Wages” as defined by Section 4115.03, Ohio Revised Code (the
basic hourly rates plus certain fringe benefits). These rates and fringes shall be a minimum to be paid under a contract regulated
by Chapter 4115 of the Ohio Revised Code by contractors and subcontractors. The prevailing wage rates contained in this
schedule include the effective dates and wage rates currently on file. In cases where future effective dates are not included in this
schedule, modifications to the wage schedule will be furnished to the Prevailing Wage Coordinator appointed by the public authority
as soon as prevailing wage rates increases are received by this office.
“There shall be posted in a prominent and accessible place on the site of work a legible statement of the Schedule of Wage Rates
specified in the contract to the various classifications of laborers, workmen, and mechanics employed, said statement to remain
posted during the life of such contract.” Section 4115.07, Ohio Revised Code.
Apprentices will be permitted to work only under a bona fide apprenticeship program if such program exists and if such program is
registered with the Ohio Apprenticeship Council.
Section 4115.071 provides that no later than ten days before the first payment of wages is due to any employee of any contractor
or subcontractor working on a contract regulated by Chapter 4115, Ohio Revised Code, the contracting public authority shall
appoint one of his own employees to act as the prevailing wage coordinator for said contract. The duties of the prevailing wage
coordinator are outlined in Section 4115.071 of the Ohio Revised Code.
Section 4115.05 provides for an escalator in the prevailing wage rate. Each time a new rate is established, that rate is required to
be paid on all ongoing public improvement projects.
A further requirement of Section 4115.05 of the Ohio Revised Code is: “On the occasion of the first pay date under a contract, the
contractor shall furnish each employee not covered by a collective bargaining agreement or understanding between employers and
bona fide organizations of Labor with individual written notification of the job classification to which the employee is assigned, the
prevailing wage determined to be applicable to that classification, separated into the hourly rate of pay and the fringe payments,
and the identity of the prevailing wage Coordinator appointed by the public authority. The contractor or subcontractor shall furnish
the same notification to each affected employee every time the job classification of the employee is changed.”
Work performed in connection with the installation of modular furniture may be subject to prevailing wage.
THIS PACKET IS NOT TO BE SEPARATED BUT IS TO REMAIN COMPLETE AS IT IS SUBMITTED TO YOU. (Reference
guidelines and forms are included in this packet to be helpful in the compliance of the Prevailing Wage law.)
wh1500
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PREVAILING WAGE CONTRACTOR RESPONSIBILITIES
This is a summary of prevailing wage contractors’ responsibilities. For more detailed information, please
refer to Chapter 4115 of the Ohio Revised Code
General Information
Ohio's prevailing wage laws apply to all public improvements financed in whole or in part by public funds when
the total overall project cost is fairly estimated to be more than $200,000 for new construction or $60,000 for
reconstruction, enlargement, alteration, repair, remodeling, renovation, or painting.
a)
b)
The threshold for new construction will increase to $250,000 beginning September 29, 2013.
The threshold for reconstruction will increase to $75,000 beginning September 29, 2013.
Ohio's prevailing wage laws apply to all public improvements financed in whole or in part by public funds when
the total overall project cost is fairly estimated to be more than $82,137 for new construction that involves roads,
streets, alleys, sewers, ditches and other works connected to road or bridge construction or $24,609 for
reconstruction, enlargement, alteration, repair, remodeling, renovation, or painting of a public improvement that
involves roads, streets, alleys, sewers, ditches and other works connected to road or bridge construction.
a)
Thresholds are to be adjusted biennially by the Administrator of Ohio Department of Commerce,
Division of Industrial Compliance, Bureau of Wage and Hour Administration
b)
Biennial adjustments to threshold levels are made according to the Price Deflator for
Construction Index, United States Department of Commerce, Bureau of the Census*, but may not
increase or decrease more than 3% for any year. (*Please note, in the absence of a published
Price Deflator for Construction Index, the threshold adjustment is calculated using the Building
Cost for Skilled Labor Index published by McGraw-Hill’s Engineering News-Record.)
Penalties for violation Violators are to be assessed the wages owed, plus a penalty of 100% of the wages owed.
Intentional Violations
If an intentional violation is determined to have occurred, the contractor is prohibited from contracting directly or
indirectly with any public authority for the construction of a public improvement. Intentional violation means "a
willful, knowing, or deliberate disregard for any provision" of the prevailing wage law and includes but is not
limited to the following actions:
x Intentional failure to submit payroll reports as required, or knowingly submitting false or erroneous
reports.
x Intentional misclassification of employees for the purpose of reducing wages.
x Intentional misclassification of employees as independent contractors or as apprentices.
x Intentional failure to pay the prevailing wage.
x Intentional failure to comply with the allowable ratio of apprentices to skilled workers as required by the
regulations established by Ohio Department of Commerce, Division of Industrial Compliance, Bureau of
Wage and Hour Administration.
x Intentionally employing an officer, of a contractor or subcontractor, that is known to be prohibited from
contracting, directly or indirectly, with a public authority.
Bureau of Wage and Hour Administration
6606 Tussing Road
PO Box 4009
Reynoldsburg, OH 43068-9009 U.S.A.
An Equal Opportunity Employer and Service Provider
614 | 644 2239
Fax 614 | 728 8639
TTY/TDD 800 | 750 0750
www.com.ohio.gov
Responsibilities
A.
Pay the prevailing rate of wages as shown in the wage rate schedules issued by the Ohio Department of
Commerce, Division of Industrial Compliance, Bureau of Wage and Hour Administration, for the
classification of work being performed.
1. Wage rate schedules include all modifications, corrections, escalations, or reductions to wage rates
issued for the project.
2. Overtime must be paid at time and one-half the employee's base hourly rate. Fringe benefits are paid
at straight time rate for all hours including overtime.
3. Prevailing wages must be paid in full without any deduction for food, lodging, transportation, use of
tools, etc.; unless, the employee has voluntarily consented to these deductions in writing. The public
authority and the Director of Ohio Department of Commerce, Division of Industrial Compliance,
Bureau of Wage and Hour Administration - must approve these deductions as fair and reasonable.
Consent and approval must be obtained before starting the project.
B.
Use of Apprentices and Helpers cannot exceed the ratios permitted in the wage rate schedules.
1. Apprentices must be registered with the U.S. Department of Labor Bureau of Apprenticeship and
Training.
2. Contractors must provide the Prevailing Wage Coordinator a copy of the Apprenticeship Agreement
for each apprentice on the project.
C.
Keep full and accurate payroll records available for inspection by any authorized representative of the
Ohio Department of Commerce, Division of Industrial Compliance, Bureau of Wage and Hour
Administration or the contracting public authority, including the Prevailing Wage Coordinator. Records
should include but are not limited to:
1. Time cards, time sheets, daily work records, etc.
2. Payroll ledger\journals and canceled checks\check register.
3. Fringe benefit records must include program name, address, account number, and canceled checks.
4. Records made in connection with the public improvement must not be removed from the State for one
year following the completion of the project.
5. Out-of-State Corporations must submit to the Ohio Secretary of State the full name and address of
their Statutory Agent in Ohio.
D.
Prevailing Wage Rate Schedule must be posted on the job site where it is accessible to all employees.
E.
Prior to submitting the initial payroll report, supply the Prevailing Wage Coordinator with your project
dates to schedule reporting of your payrolls.
F.
Supply the Prevailing Wage Coordinator a list of all subcontractors including the name, address, and
telephone number for each.
1. Contractors are responsible for their subcontractors’ compliance with requirements of Chapter 4115
of the Ohio Revised Code.
G.
Before employees start work on the project, supply them with written notification of their job
classification, prevailing wage rate, fringe benefit amounts, and the name of the Prevailing Wage
Coordinator for the project. A copy of the completed signed notification should be submitted to the
Prevailing Wage Coordinator.
H.
Supply all subcontractors with the Prevailing Wage Rates and changes.
I.
Submit certified payrolls within two (2) weeks after the initial pay period. Payrolls must include the
following information:
1.
Employees’ names, addresses, and social security numbers.
(a) Corporate officers/owners/partners and any salaried personnel who do physical work on the
project are considered employees. All rate and reporting requirements are applicable to these
individuals.
2.
Employees’ work classification.
(a) Be specific about the laborers and/or operators (Group)
(b) For all apprentices, show level/year and percent of journeyman’s rate
3.
Hours worked on the project for each employee.
(a) The number of hours worked in each day and the total number of hours worked each week.
4.
Hourly rate for each employee.
(a) The minimum rate paid must be the wage rate for the appropriate classification. The
Department’s Wage Rate Schedule sets this rate.
(b) All overtime worked is to be paid at time and one-half for all hours worked more than forty
(40) per week.
5.
Where fringes are paid into a bona fide plan instead of cash, list each benefit and amount per
hour paid to program for each employee.
(a) When the amount contributed to the fringe benefit plan and the total number of hours worked
by the employee on all projects for the year are documented, the hourly amount is calculated by
dividing the total contribution of the employer by the total number of hours worked by the
employee.
(b)When the amount contributed to the fringe benefit is documented but not the total hours
worked, the hourly amount is calculated by dividing the total yearly contribution by 2080.
6.
Gross amount earned on all projects during the pay period.
7.
Total deductions from employee’s wages.
8.
Net amount paid.
J.
The reports shall be certified by the contractor, subcontractor, or duly appointed agent stating that the
payroll is correct and complete; and that the wage rates shown are not less than those required by the
O.R.C. 4115.
K.
Provide a Final Affidavit to the Prevailing Wage Coordinator upon the completion of the project.
$15.85
Trainee
$6.50
$6.50
$1.25
$5.30
H&W Pension
$0.65
$0.65
App
Tr.
$0.00
$0.00
Vac.
Irrevocable
Fund
$0.05
$0.05
$0.00
$0.00
$0.05
$0.05
$24.35
$37.05
Total
PWR
$32.27
$49.30
Overtime
Rate
Jurisdiction ( * denotes special jurisdictional note
):
ADAMS, ASHLAND, ASHTABULA*, ATHENS,
AUGLAIZE, BROWN, BUTLER*, CARROLL,
CHAMPAIGN, CLARK, CLERMONT, CLINTON,
COLUMBIANA, COSHOCTON, CRAWFORD,
CUYAHOGA, DARKE, DELAWARE, FAIRFIELD,
FAYETTE, FRANKLIN, GEAUGA, GREENE,
GUERNSEY, HAMILTON, HARDIN, HARRISON,
HIGHLAND, HOCKING, HOLMES, HURON, KNOX,
LAKE, LICKING, LOGAN, LORAIN, MADISON,
MAHONING, MARION, MEDINA, MIAMI,
MONTGOMERY, MORGAN, MORROW,
MUSKINGUM, NOBLE, PERRY, PICKAWAY,
PORTAGE, PREBLE, RICHLAND, ROSS, SHELBY,
STARK, SUMMIT, TRUMBULL, TUSCARAWAS,
UNION, VINTON, WARREN*, WAYNE
$0.00
$0.00
Annuity Other LECET MISC
(*)
(*)
Fringe Benefit Payments
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Special Jurisdictional Note : Butler County:( townships of
Fairfield,Hanover,Liberty,Milford,Morgan,Oxford,Ripley,Ross,StClair,Union & Wayne.) (Lemon & Madison)
Warren County: (townships of: Deerfield, Hamilton, Harlan, Salem, Union & Washington). ( Clear Creek,
3 Journeymen to 1 Trainee
Ratio :
Special Calculation Note :
$24.50
Asbestos
Abatement
Classification
BHR
Craft : Asbestos Worker Effective Date : 08/07/2013 Last Posted : 08/07/2013
Change # : LCN01-2013fbLoc207OH
Name of Union: Asbestos Local 207 OH
Prevailing Wage Rate
Skilled Crafts
PW Rate Skilled LCN01-2013fbLoc207OH Page
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On all mechanical systems (pipes, boilers, ducts, flues, breaching, etc.) that are going to be demolished, the removal of
all insulating materials whether they contain asbestos or not shall be the exclusive work of the Laborers.
An Abatement Journeyman is anyone who has more than 300 hours in the Asbestos Abatement field.
Details :
Asbestos & lead paint abatement including,but not limited to the removal or encapsulation of asbestos & lead paint,all
work in conjunction with the preparation of the removal of same & all work in conjunction with the clean up after said
removal.The removal of all insulation materials, whether they contain asbestos or not, from mechanical systems (pipes,
boilers, ducts, flues, breaching, etc.) is recognized as being the exclusive work of the Asbestos Abatement Workers.
Franklin, Mossie, Turtle Creek & Wayney). Ashtabula County: (post offices & townships of Ashtabula,
Austinburg, Geneva, Harperfield, Jefferson, Plymouth & Saybrook) (townships of Andover, Cherry Valley,
Colbrook, Canneaut, Denmark, Dorset, East Orwell, Hartsgrove, Kingville, Lenox, Monroe,Morgan,New
Lyme,North Kingsville, Orwell, Pierpoint, Richmond Rock Creek, Rome, Shefield, Trumbull, Wayne,
Williamsfield & Windsor) Erie County:(post offices & townships of Berlin, Berlin Heights,Birmingham,Florence
,Huron, Milan, Shinrock & Vermilion)
PW Rate Skilled LCN01-2013fbLoc207OH Page
Total
PWR
Overtime
Rate
$17.90
$5.61
$1.28
$0.25
$0.00
$0.00
$0.15
$0.00
$0.00
$0.00
$0.00
$27.44
$25.19
$23.11
$37.52
$34.14
$31.34
$25.89
$54.39
$54.39
4th 6
months
85.00
80.00
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Details :
Special Jurisdictional Note :
4 Journeymen to 1 Apprentice Company Wide
except no apprentice may work on the jobsite without a
Mechanic
):
ATHENS, CRAWFORD, DELAWARE, FAIRFIELD,
FAYETTE, FRANKLIN, GUERNSEY, HARDIN,
HOCKING, KNOX, LICKING, MADISON, MARION,
MORGAN, MORROW, MUSKINGUM, NOBLE,
PERRY, PICKAWAY, ROSS, UNION, VINTON
$7.07
$7.07
$7.07
$7.07
$7.07
$7.07
$7.07
$7.07
$7.07
$13.28
$13.28
$13.28
$13.28
$11.30
$11.30
$11.30
$11.30
$13.28
H&W Pension
$0.89
$0.89
$0.89
$0.89
$0.89
$0.89
$0.89
$0.89
$0.89
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
$2.85
$2.78
$2.70
$2.63
$2.55
$2.40
$2.25
$2.10
$3.00
$0.55
$0.55
$0.55
$0.55
$0.55
$0.55
$0.55
$0.55
$0.55
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$56.72
$55.80
$54.88
$53.96
$51.06
$49.22
$47.38
$45.55
$58.55
$72.76
$71.41
$70.08
$68.73
$65.40
$62.72
$60.04
$57.37
$75.43
Overtime
Rate
):
ADAMS, ATHENS, BROWN, BUTLER, CHAMPAIGN,
CLARK, CLERMONT, CLINTON, FAIRFIELD,
FAYETTE, FRANKLIN, GALLIA, GREENE,
GUERNSEY, HAMILTON, HIGHLAND, HOCKING,
JACKSON, LAWRENCE, LICKING, MADISON,
MEIGS, MIAMI, MONTGOMERY, MORGAN,
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total
PWR
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5 Journeymen to 1 Apprentice
Ratio :
Irrevocable
Fund
(*)
(*)
Special Calculation Note : Other is Supplemental Health and Welfare
$32.08
$31.23
$30.39
$29.54
$28.70
$27.01
$25.32
75.00
2nd 6
months
3rd 6
months
$23.64
70.03
Percent
$33.76
BHR
1st 6
months
Apprentice
Boilermaker
95.03
$0.15
$0.00
$19.26
$40.62
$40.62
8th 6
months
$0.00
$0.00
$0.00
$0.00
$0.00
92.50
$0.00
$0.15
$0.00
$0.00
$0.00
7th 6
months
$0.25
$0.00
$0.15
$0.15
$0.15
Ratio :
$1.28
$0.00
$0.00
$2.00
$2.00
90.03
$5.61
$0.25
$0.00
$0.00
$0.00
Classification
6th 6
months
$20.15
$0.65
$0.25
$0.25
$0.25
(*)
(*)
Special Calculation Note : Other is Industry Fund & Labor/Management Fund
4th year
$5.61
$0.00
$5.08
$5.08
Vac.
87.50
65.03
73.20
3rd year
$16.45
$5.61
$5.61
$5.61
App
Tr.
Irrevocable
Fund
5th 6
months
59.77
2nd year
$13.25
Percent
Apprentice
48.13
$27.53
Firestop
Technician
1st year
$27.53
Asbestos
Insulation
Mechanic
Classification
H&W Pension
Craft : Boilermaker Effective Date : 03/20/2013 Last Posted : 03/20/2013
BHR
Craft : Asbestos Worker Effective Date : 10/09/2013 Last Posted : 10/09/2013
Name of Union: Boilermaker Local 105
Name of Union: Asbestos Local 50 Zone 1
Change # : LCN01-2013fbLoc 105
Skilled Crafts
Skilled Crafts
PW Rate Skilled LCN01-2013fbLoc 105 Page
Change # : LCN02-2013fbLoc50
PW Rate Skilled LCN02-2013fbLoc50 Page
MUSKINGUM, NOBLE, PERRY, PICKAWAY, PIKE,
PREBLE, ROSS, SCIOTO, VINTON, WARREN
Details :
Name of Union: Boilermaker Local 105
Skilled Crafts
$26.45
75.02
80.00
85.02
87.52
90.03
92.50
95.00
2nd 6
months
3rd 6
months
4th 6
months
5th 6
months
6th 6
months
7th 6
months
8th 6
months
$7.07
$7.07
$7.07
$7.07
$7.07
$7.07
$7.07
$7.07
$7.07
$13.28
$13.28
$13.28
$13.28
$11.30
$11.30
$11.30
$11.30
$13.28
H&W Pension
$0.89
$0.89
$0.89
$0.89
$0.89
$0.89
$0.89
$0.89
$0.89
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
$2.85
$2.78
$2.70
$2.63
$2.55
$2.40
$2.25
$2.10
$3.00
$0.55
$0.55
$0.55
$0.55
$0.55
$0.55
$0.55
$0.55
$0.55
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$58.14
$57.19
$56.23
$55.28
$52.34
$50.42
$48.51
$46.60
$60.05
$74.89
$73.49
$72.11
$70.71
$67.33
$64.52
$61.74
$58.95
$77.68
Overtime
Rate
):
ADAMS, ATHENS, BROWN, BUTLER, CHAMPAIGN,
CLARK, CLERMONT, CLINTON, FAIRFIELD,
FAYETTE, FRANKLIN, GALLIA, GREENE,
GUERNSEY, HAMILTON, HIGHLAND, HOCKING,
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total
PWR
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Ratio :
Irrevocable
Fund
(*)
(*)
Special Calculation Note : Other is Supplemental Health and Welfare
$33.50
$32.62
$31.74
$30.86
$29.98
$28.21
$24.69
Percent
70.03
Apprentice
1st 6
months
$35.26
Boilermaker
Classification
BHR
Craft : Boilermaker Effective Date : 10/01/2013 Last Posted : 09/25/2013
Change # : LCN02-2013fbLoc 105
PREBLE, ROSS, SCIOTO, VINTON, WARREN
Details :
60.00
65.00
70.00
75.00
80.00
90.00
3rd 6
months
4th 6
months
5th 6
months
6th 6
months
7th 6
months
8th 6
months
$23.17
$20.60
$19.31
$18.02
$16.74
$15.45
$14.16
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$4.80
$4.80
$4.80
$4.80
$4.80
$4.80
$4.80
$4.80
$4.80
$4.80
$4.80
$4.80
$4.80
$4.80
$0.55
$0.55
$0.55
$0.55
$0.55
$0.55
$0.55
$0.55
$0.55
$0.55
$0.55
$0.55
$0.55
$0.55
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$1.00
$1.00
$1.00
$1.00
$1.00
$1.00
$1.00
$1.00
$1.00
$1.00
$1.00
$1.00
$1.00
$1.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
Irrevocable
Fund
$35.53
$32.95
$31.66
$30.37
$29.09
$27.80
$26.51
$25.23
$38.10
$38.10
$38.65
$38.65
$38.10
$38.10
Total
PWR
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55.00
Percent
Apprentice
2nd 6
months
$25.75
Pointer
Caulker
Cleaner
$12.88
$25.75
Cement
Mason
50.00
$6.00
$26.30
Gunnite
Nozzleman
1st 6
months
$6.00
$26.30
Refractory
Specialist
$6.00
$6.00
$25.75
$25.75
Bricklayer
App
Tr.
H&W Pension
Block
Layer
Stone
Mason
Classification
BHR
Craft : Bricklayer Effective Date : 10/10/2012 Last Posted : 10/10/2012
Name of Union: Bricklayer Local 44
Skilled Crafts
$47.11
$43.25
$41.32
$39.39
$37.46
$35.52
$33.59
$31.66
$50.97
$50.97
$51.80
$51.80
$50.97
$50.97
Overtime
Rate
):
COSHOCTON, FAIRFIELD, GUERNSEY, HOCKING,
KNOX, LICKING, MORGAN, MUSKINGUM, NOBLE*,
PERRY
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Details :
Special Jurisdictional Note : In Noble County the following townships are included: (Beaver, Buffalo,
Wayne and Seneca)
1 Journeyman to 1 Apprentice
Ratio :
Special Calculation Note : Other is Medical Savings Account
Name of Union: Bricklayer Local 44 Tile Layer
Skilled Crafts
70.00
75.00
80.00
85.00
90.00
95.00
3rd 6
months
4th 6
months
5th 6
months
6th 6
months
7th 6
months
8th 6
months
$24.22
$22.95
$21.67
$20.40
$19.12
$17.85
$16.57
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$4.55
$4.55
$4.55
$4.55
$4.55
$4.55
$4.55
$4.55
$4.55
$4.55
$4.55
H&W Pension
$0.65
$0.65
$0.65
$0.65
$0.65
$0.65
$0.65
$0.65
$0.65
$0.65
$0.65
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.75
$0.75
$0.75
$0.75
$0.75
$0.75
$0.75
$0.75
$0.75
$0.75
$0.75
(*)
(*)
Total
PWR
Overtime
Rate
):
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285256F0B004A731A?opendocument[7/19/2013 3:27:32 PM]
Ratio :
Special Calculation Note : Other is: Medical Savings Account
Classification title contains "Bricklayer" because contract originates within the Bricklayer Local.
Note that the classification description is clarified after the local union number at the top of the page.
65.00
2nd 6
months
Percent
Apprentice
$15.30
$25.50
Marble
Mason
60.00
$25.50
Terrazzo
Mechanic
1st 6
months
$25.50
Bricklayer
Tile Layer
Classification
BHR
Change # : LCN01-2011jcLoc44
PW Rate Skilled LCN01-2011jcLoc44 Page
COSHOCTON, FAIRFIELD, GUERNSEY, HOCKING,
KNOX, LICKING, MORGAN, MUSKINGUM, NOBLE*,
PERRY
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285256F0B004A731A?opendocument[7/19/2013 3:27:32 PM]
Details :
Special Jurisdictional Note : In Noble County the following townships are included: (Beaver, Buffalo,
Wayne and Seneca)
1 to 2 Journeyman to 1 Apprentice
Name of Union: Bricklayer Local 55 Tile Setter
Skilled Crafts
75.00
80.00
85.00
90.00
3rd 6
months
4th 6
months
5th 6
months
6th 6
months
$22.82
$21.56
$20.29
$19.02
$17.75
$6.21
$6.21
$6.21
$6.21
$6.21
$6.21
$6.21
$6.21
$6.21
$6.21
$5.05
$5.05
$5.05
$5.05
$0.00
$0.00
$5.05
$5.05
$5.05
$5.05
H&W Pension
$0.52
$0.52
$0.52
$0.52
$0.52
$0.52
$0.52
$0.52
$0.52
$0.52
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$34.60
$33.34
$32.07
$30.80
$24.48
$21.95
$37.39
$37.14
$37.14
$37.14
Total
PWR
$46.02
$44.11
$42.21
$40.31
$33.36
$29.55
$50.20
$49.82
$49.82
$49.82
Overtime
Rate
):
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852575C4004DE15E?opendocument[7/19/2013 3:27:50 PM]
Ratio :
Special Calculation Note : Classification title contains "Bricklayer" because contract originates within the
Bricklayer Local.
70.00
Percent
Apprentice
2nd 6
months
$25.61
Terrazzo
Worker,
Installation
$15.22
$25.36
Terrazzo
Worker
60.00
$25.36
Marble
Mason
1st 6
months
$25.36
Bricklayer
Tile Setter
Classification
BHR
ATHENS, COSHOCTON, DELAWARE, FAIRFIELD,
FAYETTE, FRANKLIN, GUERNSEY, HOCKING,
JACKSON, KNOX, LICKING, MADISON, MEIGS,
MORGAN, MUSKINGUM, NOBLE*, PERRY,
PICKAWAY, PIKE, ROSS, UNION, VINTON,
WASHINGTON
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852575C4004DE15E?opendocument[7/19/2013 3:27:50 PM]
Details :
Special Jurisdictional Note : Noble County: (Townships of Beaver, Buffalo, Seneca & Wayne)
1 - 3 Journeyman to 1 Apprentice
Skilled Crafts
75.00
80.00
85.00
90.00
40.00
3rd 6
months
4th 6
months
5th 6
months
6th 6
months
Apprentice
Improver
$10.28
$23.14
$21.85
$20.57
$19.28
$18.00
$0.00
$1.79
$1.79
$1.79
$1.79
$1.79
$1.79
$1.79
$1.79
$1.79
$1.79
$0.00
$2.16
$2.16
$2.16
$2.16
$0.00
$0.00
$2.16
$2.16
$2.16
$2.16
H&W Pension
$0.00
$0.40
$0.40
$0.40
$0.40
$0.40
$0.40
$0.40
$0.40
$0.40
$0.40
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$10.28
$27.49
$26.20
$24.92
$23.63
$20.19
$17.62
$30.81
$30.61
$30.31
$30.06
Total
PWR
$15.43
$39.06
$37.13
$35.20
$33.27
$29.19
$25.33
$44.04
$43.74
$43.29
$42.92
Overtime
Rate
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852575C4004ED86C?opendocument[7/19/2013 3:28:04 PM]
Ratio :
Special Calculation Note : Classification title contains "Bricklayer" because contract originates within the
Bricklayer Local.
70.00
Percent
Apprentice
2nd 6
months
$26.46
Base
Grinder
$15.43
$26.26
Floor
Grinder
60.00
$25.96
Terrazzo
Finisher
1st 6
months
$25.71
Bricklayer
Tile Marble
Finisher
Classification
BHR
Name of Union: Bricklayer Local 55 Tile & Marble Finisher
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852575C4004ED86C?opendocument[7/19/2013 3:28:04 PM]
90.00
3rd year
$13.90
$25.02
$19.46
$6.90
$6.90
$6.90
$6.90
$4.00
$4.00
$4.00
$4.00
H&W Pension
$0.40
$0.40
$0.40
$0.40
App
Tr.
$0.00
$0.00
$0.00
$0.00
Vac.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$36.32
$30.76
$25.20
$39.10
$48.83
$40.49
$32.15
$53.00
Overtime
Rate
):
ADAMS, ALLEN, ASHLAND, ASHTABULA, ATHENS,
AUGLAIZE, BELMONT, BROWN, BUTLER,
CARROLL, CHAMPAIGN, CLARK, CLERMONT,
CLINTON, COLUMBIANA, COSHOCTON,
CRAWFORD, CUYAHOGA, DARKE, DEFIANCE,
DELAWARE, ERIE, FAIRFIELD, FAYETTE,
FRANKLIN, FULTON, GALLIA, GEAUGA, GREENE,
GUERNSEY, HAMILTON, HANCOCK, HARDIN,
HARRISON, HENRY, HIGHLAND, HOCKING,
HOLMES, HURON, JACKSON, JEFFERSON, KNOX,
LAKE, LAWRENCE, LICKING, LOGAN, LORAIN,
LUCAS, MADISON, MAHONING, MARION, MEDINA,
$0.00
$0.00
$0.00
$0.00
Total
PWR
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B8007069328525709000576B31?opendocument[7/19/2013 3:30:40 PM]
Ratio :
Irrevocable
Fund
(*)
(*)
Special Calculation Note : NOT FOR BUILDING CONSTRUCTION.
70.00
2nd year
Percent
50.00
Apprentice
1st year
$27.80
Cement
Mason
Bricklayer
Sewer
Water
Treatment
A
Classification
BHR
Details :
Name of Union: Cement Mason Bricklayer Local 97 HevHwy A
Skilled Crafts
Change # : LCN01-2013fbHvyHwy
):
ATHENS, BELMONT, COSHOCTON, DELAWARE,
FAIRFIELD, FAYETTE, FRANKLIN, GUERNSEY,
HOCKING, JACKSON, KNOX, LICKING, MADISON,
MEIGS, MORGAN, MUSKINGUM, NOBLE, PERRY,
PICKAWAY, PIKE, ROSS, UNION, VINTON,
WASHINGTON
PW Rate Skilled LCN01-2013fbHvyHwy Page
1-2 Journeyman to 1 Apprentice
3-5Journeyman to 2 Apprentice
MEIGS, MERCER, MIAMI, MONROE,
MUSKINGUM, NOBLE, OTTAWA, PAULDING,
PERRY, PICKAWAY, PIKE, PORTAGE, PREBLE,
PUTNAM, RICHLAND, ROSS, SANDUSKY, SCIOTO,
SENECA, SHELBY, STARK, SUMMIT, TRUMBULL,
TUSCARAWAS, UNION, VAN WERT, VINTON,
WARREN, WASHINGTON, WAYNE
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B8007069328525709000576B31?opendocument[7/19/2013 3:30:40 PM]
Details :
(A) Highway Construction, Sewer, Waterworks And Utility Construction, Industrial & Building Site Heavy
Construction, Airport Construction Or Railroad Construction Work.
(B) Power Plant, Tunnels, Amusement Park, Athletic Stadium Site Work ,Pollution Control,Sewer Plant, Waste Plant,
& Water Treatment Facilities, Construction.
Skilled Crafts
90.00
3rd year
$14.40
$25.92
$20.16
$6.90
$6.90
$6.90
$6.90
$4.00
$4.00
$4.00
$4.00
H&W Pension
$0.40
$0.40
$0.40
$0.40
App
Tr.
$0.00
$0.00
$0.00
$0.00
Vac.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$37.22
$31.46
$25.70
$40.10
$50.18
$41.54
$32.90
$54.50
Overtime
Rate
):
$0.00
$0.00
$0.00
$0.00
Total
PWR
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852577070068E248?opendocument[7/19/2013 3:30:53 PM]
Ratio :
Irrevocable
Fund
(*)
(*)
Special Calculation Note : NOT FOR BUILDING CONSTRUCTION.
70.00
2nd year
Percent
50.00
Apprentice
1st year
$28.80
Cement
Mason
Bricklayer
Power
Plants
Tunnels
Amusement
Parks B
Classification
BHR
Name of Union: Cement Mason Bricklayer Local 97 HevHwy B
WARREN, WASHINGTON, WAYNE
Details :
(A) Highway Construction, Sewer, Waterworks And Utility Construction, Industrial & Building Site Heavy
$15.50
$0.00
$0.00
H&W Pension
$0.00
App
Tr.
$0.00
Vac.
Irrevocable
Fund
$0.00
$0.00
(*)
(*)
$15.50
Total
PWR
$23.25
Overtime
Rate
):
DELAWARE, ERIE, FAIRFIELD, FRANKLIN,
FULTON, GALLIA, GEAUGA, GREENE, GUERNSEY,
HAMILTON, HANCOCK, HARDIN, HARRISON,
HENRY, HIGHLAND, HOCKING, HOLMES, HURON,
JACKSON, JEFFERSON, KNOX, LAKE, LAWRENCE,
LICKING, LOGAN, LORAIN, LUCAS, MADISON,
MAHONING, MARION, MEDINA, MEIGS, MERCER,
MIAMI, MONROE, MONTGOMERY, MORGAN,
MORROW, MUSKINGUM, NOBLE, OTTAWA,
PAULDING, PERRY, PICKAWAY, PIKE, PORTAGE,
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B8007069328525701C005A64C4?opendocument[7/19/2013 3:28:24 PM]
Ratio :
Special Calculation Note : No special calculations for this skilled craft wage rate are required at this time.
Carpenter
Window
Shade
Venetian
Blinds
Drapery
Installer
Classification
BHR
Craft : Carpenter Effective Date : 06/17/2010 Last Posted : 06/17/2010
Change # : LCN01-2010mmLoc509Int Systems
Name of Union: Carpenter Local 509 NE District Interior Systems
Skilled Crafts
PW Rate Skilled LCN01-2010mmLoc509Int Systems Page
PREBLE, PUTNAM, RICHLAND, ROSS, SANDUSKY,
SCIOTO, SENECA, SHELBY, STARK, SUMMIT,
TRUMBULL, TUSCARAWAS, UNION, VAN WERT,
VINTON, WARREN, WASHINGTON, WAYNE
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B8007069328525701C005A64C4?opendocument[7/19/2013 3:28:24 PM]
Details :
PW Rate Skilled LCN01-2010mmLoc509Int Systems Page
Skilled Crafts
70.00
75.00
80.00
85.00
90.00
95.00
3rd 6
months
4th 6
months
5th 6
months
6th 6
months
7th 6
months
8th 6
months
$27.20
$25.77
$24.34
$22.90
$21.47
$20.04
$18.61
$6.45
$6.45
$6.45
$6.45
$6.45
$6.45
$6.45
$6.45
$6.45
$4.78
$4.78
$4.78
$4.78
$4.78
$4.78
$4.78
$4.78
$4.78
H&W Pension
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$4.75
$4.75
$4.75
$4.75
$4.75
$4.75
$4.75
$4.75
$4.75
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$57.24
$55.09
$52.94
$50.80
$48.65
$46.50
$44.35
$42.21
$59.39
Overtime
Rate
):
DELAWARE, FAIRFIELD, FRANKLIN, GUERNSEY,
LICKING, MADISON, MARION, MORGAN,
MUSKINGUM, NOBLE, PERRY, PICKAWAY, UNION
$43.64
$42.21
$40.78
$39.34
$37.91
$36.48
$35.05
$33.62
$45.07
Total
PWR
Ratio :
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
Special Calculation Note : $.10 Other is for Industry and Millwright Fund.
65.00
2nd 6
months
$17.18
Percent
60.00
Apprentice
1st 6
months
$28.63
Carpenter
Millwright
Classification
BHR
Name of Union: Carpenter Millwright Local 1241 SC District A-1
Details :
$11.82
$15.80
$4.85
$4.85
$4.85
$1.00
$1.00
$1.00
H&W Pension
$0.15
$0.15
$0.15
App
Tr.
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$21.80
$17.82
$25.70
Total
PWR
$29.70
$23.73
$35.55
Overtime
Rate
):
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852577C90051DAF8?opendocument[10/15/2013 1:01:26 PM]
1 Journeymen to 1 Trainee
Ratio :
80.20
2nd Year
Percent
60.00
Trainee
1st Year
$19.70
Carpenter
Classification
BHR
Change # : LCN01-2010jcCarpNEStatewide
Name of Union: Carpenter NE District Industrial Dock & Door
Skilled Crafts
PW Rate Skilled LCN01-2010jcCarpNEStatewide Page
WARREN, WASHINGTON, WAYNE, WILLIAMS,
WOOD, WYANDOT
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852577C90051DAF8?opendocument[10/15/2013 1:01:26 PM]
Details :
10/27/10 New Contract jc
Special Jurisdictional Note : Industrial Dock and Door is the installation of overhead doors, roll up doors
and dock leveling equipment
PW Rate Skilled LCN01-2010jcCarpNEStatewide Page
62.00
65.00
67.95
70.95
73.90
76.90
79.85
82.80
2nd 6
Months
3rd 6
Months
4th 6
Months
5th 6
months
6th 6
Months
7th 6
Months
8th 6
Months
9th 6
months
$13.25
$12.78
$12.30
$11.82
$11.35
$10.87
$10.40
$9.92
$9.50
$5.47
$5.47
$5.47
$5.47
$5.47
$5.47
$5.47
$5.47
$5.47
$5.47
$5.47
$1.00
$0.93
$0.90
$0.86
$0.83
$0.79
$0.00
$0.00
$0.00
$0.00
$1.00
H&W Pension
$0.08
$0.08
$0.08
$0.08
$0.08
$0.08
$0.08
$0.08
$0.08
$0.08
$0.08
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$26.42
$25.64
$24.91
$24.15
$23.41
$22.65
$21.15
$20.43
$19.81
$19.80
$30.55
Overtime
Rate
):
$19.80
$19.26
$18.75
$18.23
$17.73
$17.21
$15.95
$15.47
$15.05
$15.05
$22.55
Total
PWR
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285256CC3004E102B?opendocument[9/13/2013 1:44:51 PM]
1 Installer to 1 Trainee or 1 Helper
Ratio :
Special Calculation Note : Helper H&W after 90 days probationary period
59.40
1st 6
months
Percent
$9.50
Helper
Installer
Trainee
$16.00
Carpenter
Installers
Classification
BHR
Change # : LCR02-2010jcJurSTWIDEOfficeSystems
Name of Union: Carpenter Statewide Office Systems
Skilled Crafts
PW Rate Skilled LCR02-2010jcJurSTWIDEOfficeSystems Page
WOOD, WYANDOT
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285256CC3004E102B?opendocument[9/13/2013 1:44:51 PM]
Details :
Office systems is defined as modular systems with demountable units such as desks, partitions and shelving. All work
in connection with the assembly, reconfiguration and repairof all work in the office system field.
INSTALLER: is defined as a qualified office systems mechanic capable of laying out, estimating and installing various
office system manufactured products.
INSTALL TRAINEE: is defined as a person training in the estimating, layout and installation in all facets of the office
systems industry. An installer trainee will work to assist an installer or lead installer in all installations. He is NOT
permitted to work without the assistance of lead installer
INSTALL HELPER: is defined as a person who assists in the delivery,staging and clean up of related office system
work. He is NOT to be involved with the installation or layout of work related to office systems.
Receiving,unloading,unpacking,& removal of rubbish shall be done by install helpers.
PW Rate Skilled LCR02-2010jcJurSTWIDEOfficeSystems Page
Skilled Crafts
$16.54
65.00
70.00
75.00
80.00
85.00
90.00
90.00
2nd 6
months
3rd 6
months
4th 6
months
5th 6
months
6th 6
months
7th 6
months
8th 6
months
$6.45
$6.45
$6.45
$6.45
$6.45
$6.45
$6.45
$6.45
$6.45
$6.45
$4.11
$4.11
$3.88
$3.66
$0.85
$0.85
$0.85
$0.00
$4.57
$4.57
H&W Pension
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$0.90
$0.90
$0.80
$0.80
$0.70
$0.70
$0.60
$0.60
$1.00
$1.00
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$34.82
$34.82
$33.21
$31.72
$27.54
$26.27
$24.90
$22.77
$38.60
$37.92
Total
PWR
$46.26
$46.26
$44.03
$41.90
$37.08
$35.17
$33.16
$30.41
$51.66
$50.64
Overtime
Rate
):
DELAWARE, FAIRFIELD, FRANKLIN, GUERNSEY,
LICKING, MADISON, MARION, MUSKINGUM,
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285257881005F23B9?opendocument[7/25/2013 8:19:44 AM]
Ratio :
$22.90
$22.90
$21.62
$20.35
$19.08
$17.81
$15.26
60.00
Percent
1st 6
months
Apprentice
paid at %
of their
rate above
$25.44
$26.12
Carpenter
Pile Driver
Classification
BHR
Change # : LCNO1-2013fbLoc200
Name of Union: Carpenter & Pile Driver Local 200
PW Rate Skilled LCNO1-2013fbLoc200 Page
MORGAN, NOBLE, PERRY, PICKAWAY, UNION
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285257881005F23B9?opendocument[7/25/2013 8:19:44 AM]
Details :
PW Rate Skilled LCNO1-2013fbLoc200 Page
Skilled Crafts
70.00
75.00
80.00
85.00
90.00
95.00
3rd 6
months
4th 6
months
5th 6
months
6th 6
months
7th 6
months
8th 6
months
$26.54
$25.15
$23.75
$22.35
$20.96
$19.56
$18.16
$6.45
$6.45
$6.45
$6.45
$6.45
$6.45
$6.45
$6.45
$6.45
$6.45
$4.57
$4.57
$4.57
$4.57
$4.57
$4.57
$4.57
$4.57
$4.57
$4.57
H&W Pension
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$1.25
$1.25
$1.25
$1.25
$1.25
$1.25
$1.25
$1.25
$1.25
$1.25
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$39.27
$37.88
$36.48
$35.08
$33.69
$32.29
$30.89
$29.49
$40.67
$40.67
Total
PWR
$52.54
$50.45
$48.35
$46.26
$44.16
$42.07
$39.97
$37.88
$54.64
$54.64
Overtime
Rate
):
ADAMS, ATHENS, DELAWARE, FAIRFIELD,
FAYETTE, FRANKLIN, GALLIA, GUERNSEY,
HIGHLAND, HOCKING, JACKSON, LAWRENCE,
LICKING, MADISON, MARION, MEIGS, MORGAN,
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B8007069328525701C0064C878?opendocument[8/5/2013 10:57:07 AM]
Ratio :
65.00
2nd 6
months
$16.76
Percent
60.00
Apprentice
1st 6
months
$27.94
$27.94
Carpenter
Piledriver
Classification
BHR
Name of Union: Carpenter & Piledriver SC District HevHwy
ROSS, SCIOTO, UNION, VINTON, WASHINGTON
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B8007069328525701C0064C878?opendocument[8/5/2013 10:57:07 AM]
Details :
Special Jurisdictional Note : **Highway Construction, Airport Construction, Heavy Construction but not
limited to: (Tunnels, subways, drainage projects, flood control, reservoirs). Railroad Construction, Sewer
Waterworks & Utility Construction but not limited to: ( storm sewers, waterlines, gaslines). Industrial &
Building site, Power Plant, Amusement Park, Athletic stadium site, Sewer and Water Plants. When the
contractor furnishes the necessary underwater gear for the diver, the diver shall be paid one and one half (1
& 1/2) times the journeyman rate for the time spent in the water.
Skilled Crafts
85.00
3rd yr
$14.39
$20.38
$16.79
$6.55
$6.55
$6.55
$6.55
$3.50
$3.50
$3.50
$3.50
H&W Pension
$0.50
$0.50
$0.50
$0.50
App
Tr.
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$2.65
$2.65
$2.65
$2.65
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$33.58
$29.99
$27.59
$37.18
Total
PWR
$43.77
$38.38
$34.78
$49.17
Overtime
Rate
):
ASHLAND, COSHOCTON, CRAWFORD, DELAWARE,
MORROW, MUSKINGUM, PERRY, PICKAWAY,
RICHLAND, ROSS, UNION, VINTON, WYANDOT
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285256EDD0069AC08?opendocument[8/9/2013 2:58:21 PM]
Details :
Working on swing stage, slip scaffold or window jack scaffold shall receive the following rates:
$.50 above the regular rate for heights up to fifty (50) feet above grade level
$1.00 above the regular rate for heights over fifty (50) feet above grade level
Ratio :
70.00
2nd yr
Percent
60.00
Apprentice
1st yr
$23.98
Cement
Mason
Classification
BHR
Craft : Cement Effective Date : 08/07/2013 Last Posted : 08/07/2013
Name of Union: Cement Mason Local 132 (Columbus)
Skilled Crafts
90.00
3rd Year
$15.47
$23.20
$19.33
$6.69
$6.69
$6.69
$6.69
$5.00
$5.00
$5.00
$5.00
H&W Pension
$0.50
$0.50
$0.50
$0.50
App
Tr.
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$2.10
$2.10
$2.10
$2.10
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$37.49
$33.63
$29.76
$40.07
Total
PWR
$49.09
$43.29
$37.49
$52.96
Overtime
Rate
):
ADAMS, ALLEN, ASHLAND, ATHENS, AUGLAIZE,
BELMONT, CARROLL, CHAMPAIGN, CLARK,
CLINTON, COSHOCTON, CRAWFORD, DARKE,
DELAWARE, FAIRFIELD, FAYETTE, FRANKLIN,
GALLIA, GREENE, GUERNSEY, HARDIN,
HARRISON, HOCKING, HOLMES, JACKSON,
JEFFERSON, KNOX, LAWRENCE, LICKING, LOGAN,
MADISON, MARION, MEIGS, MERCER, MIAMI,
MONROE, MONTGOMERY, MORGAN, MORROW,
PREBLE, RICHLAND, SCIOTO, SHELBY,
WASHINGTON, WAYNE, WYANDOT
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285256F2B0061B882?opendocument[7/25/2013 8:20:45 AM]
Company Wide
Ratio :
Special Calculation Note : Work performed in accordance with detail (B) please see Cement Mason
HevHwy District 1 (B) wage sheet
75.00
2nd Year
Percent
60.00
Apprentice
1st Year
$25.78
Cement
Mason (A)
Classification
BHR
Craft : Cement Mason Effective Date : 07/24/2013 Last Posted : 07/24/2013
Name of Union: Cement Mason Local 132 HvyHwy District III (A)
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285256F2B0061B882?opendocument[7/25/2013 8:20:45 AM]
Details :
(A) Highway Construction, Sewer, Waterworks And Utility Construction, Industrial & Building Site, Heavy
Skilled Crafts
90.00
3rd Year
$15.56
$23.35
$19.46
$6.69
$6.69
$6.69
$6.69
$5.00
$5.00
$5.00
$5.00
H&W Pension
$0.50
$0.50
$0.50
$0.50
App
Tr.
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$2.10
$2.10
$2.10
$2.10
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$37.64
$33.75
$29.85
$40.23
Total
PWR
$49.31
$43.47
$37.64
$53.20
Overtime
Rate
):
BELMONT, CARROLL, CHAMPAIGN, CLARK,
CLINTON, COSHOCTON, CRAWFORD, DARKE,
GALLIA, GREENE, GUERNSEY, HARDIN,
HARRISON, HOCKING, HOLMES, JACKSON,
JEFFERSON, KNOX, LAWRENCE, LICKING, LOGAN,
MADISON, MARION, MEIGS, MERCER, MIAMI,
PREBLE, RICHLAND, ROSS, SCIOTO, SHELBY,
WASHINGTON, WAYNE, WYANDOT
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852577540068B594?opendocument[7/25/2013 8:21:04 AM]
Company Wide
Ratio :
Special Calculation Note : Work performed in accordance with detail (A) please see Cement Mason
HevHwy District 1 (A) wage sheet
75.00
2nd Year
Percent
60.00
Apprentice
1st Year
$25.94
Cement
Mason (B)
Classification
BHR
Craft : Cement Mason Effective Date : 07/24/2013 Last Posted : 07/24/2013
Name of Union: Cement Mason Local 132 HvyHwy District III (B)
Details :
(A) Highway Construction, Sewer, Waterworks And Utility Construction, Industrial & Building Site, Heavy
Name of Union: Painter Local 1275
Skilled Crafts
60.00
65.00
70.03
75.00
85.00
90.03
2001-3000
3001-4000
4001-5000
5001-6000
6001-7000
7001-8000
$22.19
$20.95
$18.49
$17.26
$16.02
$14.79
$13.56
$12.33
$4.67
$4.67
$4.67
$4.67
$4.67
$4.67
$4.67
$4.67
$4.67
$4.67
$4.67
$0.07
$0.07
$0.07
$0.07
$0.07
$0.07
$0.07
$0.07
$5.54
$5.54
$5.54
H&W Pension
$0.35
$0.35
$0.35
$0.35
$0.35
$0.35
$0.35
$0.35
$0.35
$0.35
$0.35
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$27.28
$26.04
$23.58
$22.35
$21.11
$19.88
$18.65
$17.41
$34.56
$35.21
$35.21
Total
PWR
):
KNOX, LICKING, MADISON, MUSKINGUM, PERRY,
PICKAWAY, ROSS, UNION
Details :
Ratio :
$38.38
$36.52
$32.82
$30.98
$29.12
$27.27
$25.43
$23.58
$46.56
$47.53
$47.53
Overtime
Rate
Special Calculation Note : APPRENTICES BASED ON % OF EACH CLASS ABOVE PLUS FULL
FRINGES
55.00
Percent
Apprentice
1001-2000
$24.00
Drywall
Sanders
50.00
$24.65
Painter
Taper
0-1000
$24.65
Painter
Drywall
Finisher
Classification
BHR
Craft : Drywall Finisher Effective Date : 08/14/2013 Last Posted : 08/14/2013
Change # : LCR01-2013fbLoc1275
PW Rate Skilled LCR01-2013fbLoc1275 Page
$15.66
$19.93
Percent
2nd Level
CE 1000112000
hours
3rd Level
CE 1200114000
hours
Apprentice
$15.47
$12.66
$6.70
$6.70
$6.70
$4.47
$4.47
$4.47
$4.47
$4.47
$4.47
$4.47
$6.70
$6.70
$6.70
$2.35
$0.38
$0.34
$0.60
$0.47
$0.43
$0.38
$0.34
$0.30
$0.30
$5.04
$4.82
$4.61
H&W Pension
$0.75
$0.75
$0.75
$0.64
$0.64
$0.64
$0.64
$0.64
$0.64
$0.64
$0.75
$0.75
$0.75
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
$0.85
$0.85
$0.85
$0.60
$0.47
$0.43
$0.38
$0.34
$0.30
$0.30
$2.50
$2.50
$2.50
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$26.12
$21.34
$19.89
$26.24
$21.71
$20.20
$18.68
$17.18
$15.67
$15.67
$57.19
$49.93
$42.69
Total
PWR
55.00
$14.23
1st Level
CE 800110000
hours
3rd period
$12.81
4th period
CW 60018000 hours
$11.25
$11.39
3rd period
CW 40016000 hours
45.00
$9.96
2nd period
CW 20014000 hours
2nd period
$9.96
1st period
CW 0-2000
hours
40.00
$42.20
Over 100
feet
1st period
$28.13
$35.16
Electrician
50 - 100
feet
Classification
BHR
Craft : Electrical Effective Date : 08/14/2013 Last Posted : 08/14/2013
Irrevocable
Fund
Name of Union: Electrical Local 1105 Inside
Skilled Crafts
$33.86
$27.67
$25.52
$36.21
$29.54
$27.31
$25.08
$22.87
$20.65
$20.65
$78.29
$67.51
$56.76
Overtime
Rate
70.00
80.00
5th period
6th period
$22.50
$19.69
$18.28
$6.70
$6.70
$6.70
$3.87
$3.23
$2.81
$0.75
$0.75
$0.75
$0.85
$0.85
$0.85
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$34.67
$31.22
$29.39
$45.93
$41.07
$38.54
):
COSHOCTON, GUERNSEY, KNOX*, LICKING,
MUSKINGUM, PERRY, TUSCARAWAS*
$0.00
$0.00
$0.00
Details :
The Construction Wireman/Construction Electrician Classifications are applicable to all work except industrial
facilities, manufacturing facilities, colleges and universities within the geographical jurisdiction of Local Union No.
1105.
Special Jurisdictional Note : In Knox County the following townships: Butler, Clay, College, Harrison,
Hilliard, Jackson, Milford, Miller, Morgan and Pleasant. In Tuscarawas County the following townships:
Auburn, Bucks, Clay, Jefferson, Oxford, Perry, Rush, Salem, Washington and York
Journeyman, Max.# Apprentice, Max.# CW/CE, Total
Workers
1, 2, 2, 5
2, 2, 2, 6
3, 2, 2, 7
4, 4, 4, 12
5, 4, 4, 13
6, 4, 4, 14
7, 6, 6, 19
8, 6, 6, 20
9, 6, 6, 21
10, 8, 6, 24
11, 8, 6, 25
12, 8, 6, 26 etc.
Ratio :
65.00
4rh period
Skilled Crafts
Percent
Apprentice
Indentured
AFTER
January 1,
2005)
$18.28
$15.47
$12.66
$6.70
$6.70
$6.70
$6.70
$4.47
$4.47
$4.47
$4.47
$4.47
$4.47
$4.47
$6.70
$6.70
$6.70
$2.81
$2.35
$0.38
$0.34
$0.30
$0.30
$0.34
$0.38
$0.43
$0.47
$0.60
$5.04
$4.82
$4.61
H&W Pension
$0.75
$0.75
$0.75
$0.75
$0.64
$0.64
$0.64
$0.64
$0.64
$0.64
$0.64
$0.75
$0.75
$0.75
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$0.85
$0.85
$0.85
$0.85
$0.30
$0.30
$0.34
$0.38
$0.43
$0.47
$0.60
$2.50
$2.50
$2.50
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.00
$0.00
$0.00
(*)
(*)
$29.39
$26.12
$21.34
$19.89
$15.77
$15.77
$17.28
$18.78
$20.30
$21.81
$26.34
$57.19
$49.93
$42.69
Total
PWR
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285257BC6006F4E7B?opendocument[8/15/2013 8:13:48 AM]
65.00
$9.96
Construction
Wireman 1
4th period
3501-
$9.96
Construction
Wireman 2
55.00
$11.39
Construction
Wireman 3
3rd period
20013500 hours
$12.81
Construction
Wireman 4
45.00
$14.23
Construction
Electrician 1
2nd period
1001-2000
hours
$15.66
Construction
Electrician 2
$11.25
$19.93
Construction
Electrician 3
40.00
$42.20
Over 100
feet
1st period 01000 hours
$28.13
$35.16
Electrician
50 - 100 feet
Classification
BHR
Craft : Electrical Effective Date : 08/14/2013 Last Posted : 08/14/2013
Name of Union: Electrical Local 1105 Inside Lt Commercial South West
$38.54
$33.86
$27.67
$25.52
$20.75
$20.75
$22.98
$25.18
$27.41
$29.64
$36.31
$78.29
$67.51
$56.76
Overtime
Rate
80.00
6th period
65018000 hours
$22.50
$19.69
$6.70
$6.70
$3.87
$3.23
$0.75
$0.75
$0.85
$0.85
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$34.67
$31.22
$45.93
$41.07
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285257BC6006F4E7B?opendocument[8/15/2013 8:13:48 AM]
Details :
The scope of work for the light commercial agreement shall apply to the following facilities not to exceed
200,000 square feet; office buildings, shopping centers, auto sales agencies and garages, churches, funeral
homes, nursing homes, hotels, retail and wholesale facilities, small stand-alone manufacturing facilities when
free standing and not part of a larger facility (not to exceed 50,000 square fee), solar projects (500 panels or
less) unless otherwise covered under the agreement, lighting retrofits (when not associated with remodels
involving branch re-circuiting) lighting retrofits shall be defined as the changing of lamps and ballasts in
existing light fixtures and shall also include the one for one replacement of existing fixtures, warehouses, gas
stations, food service centers, restaurants, entertainment facilities, hospitals, clinics, motels, residential
buildings.
Special Jurisdictional Note : In Knox County the following townships: Butler, Clay, College, Harrison,
Hilliard, Jackson, Milford, Miller, Morgan and Pleasant. In Tuscarawas County the following townships:
Auburn, Bucks, Clay, Jefferson, Oxford, Perry, Rush, Salem, Washington and York
):
$0.00
$0.00
Construction Electrician and Construction Wireman Ratio
There shall be a minimum ratio of one inside Journeyman
to every (4) employees of different classification per
jobsite. An inside Journeyman Wireman is required on the
project as the fifth (5th) worker or when apprentices are
used.
Journeyman to Apprentice
1 Journeyman to 2 Apprentices
Ratio :
70.00
5th period
50016500 hours
5000 hours
$45.10
Mechanic in
Charge
80.00
Assistant
Mechanic
$28.06
$32.07
$32.07
$11.88
$11.88
$11.88
$11.88
$11.88
$0.00
$11.88
$11.88
$11.88
$7.46
$7.46
$7.46
$7.46
$7.46
$0.00
$7.46
$7.46
$7.46
H&W Pension
$0.60
$0.60
$0.60
$0.60
$0.60
$0.00
$0.60
$0.60
$0.60
App
Tr.
$0.98
$0.99
$0.86
$0.80
$0.70
$0.00
$1.39
$0.86
$1.23
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$60.78
$60.82
$56.34
$54.12
$49.70
$20.05
$75.29
$56.35
$69.72
Total
PWR
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1 Journeyman to 1 Apprentice**
1 Journeyman to 1 Helper
1 Journeyman to 1 Assistant Mechanic
Ratio :
$5.25
$5.25
$5.25
$5.25
$5.25
$0.00
$5.25
$5.25
$5.25
(*)
(*)
Irrevocable
Fund
$76.82
$76.86
$70.37
$67.15
$60.72
$30.07
$97.84
$70.38
$89.76
Overtime
Rate
):
ATHENS, CHAMPAIGN, CLARK, DELAWARE,
FAIRFIELD, FAYETTE, FRANKLIN, GALLIA,
GUERNSEY, HOCKING, JACKSON, KNOX,
LAWRENCE, LICKING, LOGAN, MADISON,
MARION, MEIGS, MORGAN, MORROW,
ROSS, UNION, VINTON
$2.54
$2.57
$2.23
$2.07
$1.76
$0.00
$3.61
$2.24
$3.21
Vac.
Special Calculation Note : Other is for Holiday Pay
70.00
80.00
3rd year
4th year
$26.06
$22.05
55.00
65.00
1st year
$20.05
50.00
2nd year
Probationary
Apprentice
Percent
$28.06
Helper
Apprentice
$40.09
Elevator
Mechanic
Classification
BHR
Craft : Elevator Effective Date : 02/06/2013 Last Posted : 02/06/2013
Name of Union: Elevator Local 37
Skilled Crafts
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852566090063DF50?opendocument[7/19/2013 3:34:40 PM]
Details :
**Art. 10 Par. 2 Apprentice Work Qualifications:
Par 2- The total number of Helpers and Apprentices employed shall not exceed the number of Mechanics on any one
job, except on jobs where two teams or more are working, one extra Helper or Apprentice may be employed for the
first two teams and an extra Helper or Apprentice for each additional three teams.
Further, the Company may use as many Helpers and Apprentices as best suits his convenience under the direction of a
Mechanic in wrecking old plants and in handling and hoisting material, and on foundation work. When removing old
and installing new cable on existing elevator installations, the Company may use two Helpers or Apprentices to one
Mechanic.
80.00
85.00
7th 1000 hrs
8th 1000 hrs
$11.30
$19.21
$18.08
$16.95
$15.82
$14.69
$13.56
$12.43
$3.91
$3.91
$3.91
$3.91
$3.91
$3.91
$3.91
$3.91
$3.91
$3.91
$4.05
$4.05
$4.05
$4.05
$0.34
$0.34
$0.34
$0.34
$2.00
$6.75
H&W Pension
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$27.53
$26.40
$25.27
$24.14
$19.30
$18.17
$17.04
$15.91
$24.35
$33.62
Total
PWR
$37.14
$35.44
$33.75
$32.05
$26.65
$24.95
$23.26
$21.56
$33.39
$44.92
Overtime
Rate
):
DELAWARE, FAIRFIELD, FAYETTE*, FRANKLIN,
JACKSON, LICKING, MADISON, MUSKINGUM,
PERRY, PICKAWAY, PIKE, ROSS, UNION
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852579C70065E627?opendocument[7/19/2013 3:34:54 PM]
Special Jurisdictional Note : Fayette County except the eastern portion with Route #141 being the dividing
line.
Ratio :
Special Calculation Note : All Glazing work within the jurisdiction of Glaziers Local Union 372 with a glazing
bid value of less than $200,000 can be bid at the labor rate listed below (80% of current "11-01-2010"
collectively bargained journeyman rate) with fringe benefits contribution rates listed below to be paid to the
appropriate funds and in the manner described in the current Collective Bargaining Agreement.
70.00
75.00
5th 1000 hrs
6th 1000 hrs
60.00
65.00
3rd 1000 hrs
4th 1000 hrs
55.00
2nd 1000 hrs
Percent
50.00
Apprentice
1st 1000 hrs
$22.60
$18.08
Glazier
Glazier
Market
Recovery*See
Note
Classification
BHR
Craft : Glazier Effective Date : 04/25/2012 Last Posted : 04/25/2012
Name of Union: Glazier Local 372
Skilled Crafts
Change # : LCR2-2012jcLoc372
PW Rate Skilled LCR2-2012jcLoc372 Page
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852579C70065E627?opendocument[7/19/2013 3:34:54 PM]
Details :
A premium of one dollar ($1.00) per hour above regular hourly rate of pay shall be paid for each hour worked by
every employee from any mechanical lift or scaffold,either suspended or supported, including the Hex type
scaffolding.
PW Rate Skilled LCR2-2012jcLoc372 Page
60.00
65.00
70.00
75.00
80.00
85.00
3rd 1000
hrs
4th 1000
hrs
5th 1000
hrs
6th 1000
hrs
7th 1000
hrs
8th 1000
hrs
$20.06
$18.88
$17.70
$16.52
$15.34
$14.16
$12.98
$3.91
$3.91
$3.91
$3.91
$3.91
$3.91
$3.91
$3.91
$3.91
$3.91
$4.05
$4.05
$4.05
$4.05
$0.34
$0.34
$0.34
$0.34
$2.00
$6.75
H&W Pension
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
$0.36
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$28.38
$27.20
$26.02
$24.84
$19.95
$18.77
$17.59
$16.41
$24.35
$34.62
Total
PWR
$38.41
$36.64
$34.87
$33.10
$27.62
$25.85
$24.08
$22.31
$33.39
$46.42
Overtime
Rate
):
DELAWARE, FAIRFIELD, FAYETTE*, FRANKLIN,
HOCKING, JACKSON, LICKING, MADISON,
MUSKINGUM, PERRY, PICKAWAY, PIKE, ROSS,
UNION, VINTON
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285256D79006F7AE5?opendocument[7/19/2013 3:35:07 PM]
Ratio :
55.00
2nd 1000
hrs
$11.80
Percent
50.00
Apprentice
1st 1000
hrs
$23.60
$18.08
Glazier
Galzier
Market
Classification
BHR
Craft : Glazier Effective Date : 02/13/2013 Last Posted : 02/13/2013
Name of Union: Glazier Local 372
Skilled Crafts
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285256D79006F7AE5?opendocument[7/19/2013 3:35:07 PM]
Details :
A premium of one dollar ($1.00) per hour above regular hourly rate of pay shall be paid for each hour worked by
every employee from any mechanical lift or scaffold,either suspended or supported including the Hex type scaffolding.
Special Jurisdictional Note : Fayette Countyexcept the eastern portion with Route #141 being the dividing
line.
Name of Union: Ironworker Local 172
Skilled Crafts
70.00
75.00
80.00
85.00
90.00
2nd YEAR
13 - 18
Months
2nd YEAR
19 - 24
Months
3rd YEAR
25 - 30
Months
3rd YEAR
31 - 36
Months
4th YEAR
37 - 42
Months
$24.90
$23.52
$22.14
$20.75
$19.37
$17.99
$6.20
$6.20
$6.20
$6.20
$6.20
$6.20
$6.20
$6.20
$6.20
$8.60
$8.60
$8.60
$8.60
$8.60
$8.60
$8.60
$8.30
$8.60
H&W Pension
$0.34
$0.34
$0.34
$0.34
$0.34
$0.34
$0.34
$0.34
$0.34
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$2.55
$2.55
$2.55
$2.55
$2.55
$2.55
$2.55
$2.55
$2.55
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$42.59
$41.21
$39.83
$38.44
$37.06
$35.68
$34.29
$44.36
$45.36
Total
PWR
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285257878005C076E?opendocument[10/15/2013 1:05:01 PM]
65.00
1st YEAR
7 - 12
Months
$16.60
Percent
60.00
Apprentice
1st YEAR
0-6
Months
$27.67
$26.97
Ironworker
Rigger
Welder
Reinforcing
Sheeter
Fence
Erector
Machinery
Mover
Classification
BHR
Craft : Ironworker Effective Date : 09/25/2013 Last Posted : 09/25/2013
$55.04
$52.97
$50.89
$48.82
$46.74
$44.67
$42.59
$57.85
$59.20
Overtime
Rate
95.00
$26.29
$6.20
$8.60
$0.34
$2.55
$0.00
$0.00
$0.00
$43.98
$57.12
):
CHAMPAIGN*, CLARK, CRAWFORD*, DELAWARE,
FAIRFIELD, FAYETTE*, FRANKLIN, HARDIN*,
HIGHLAND*, HOCKING, JACKSON*, KNOX,
LICKING, LOGAN*, MADISON*, MARION,
MORROW, MUSKINGUM*, PERRY, PICKAWAY,
PIKE, ROSS, UNION, VINTON, WYANDOT*
$0.00
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285257878005C076E?opendocument[10/15/2013 1:05:01 PM]
Details :
Hot Pay $1.00 above the journeymen rate: defined as a work area in which the temperature is in excess of 150 degrees
F due to the presence of a furnace, smelter, incinerator, or other equipment that emits extreme heat.
Special Jurisdictional Note : Champaign County Twps included: Wayne, Rush, Goshen. Crawford County
Twps included: Bucyrus, Dallas, Jefferson, Jackson, Whetstone, Polk, Sandusky. Fayette County Twps
included: Paint, Marion, Perry, Madison, Wayne, Union. Hardin County Twps included: McDonald,
Taylorcreek, Hale, Dudley, Pleasant, Goshen, Blanchard, Lynn, Jackson, Buck, Cessna, Marion,
Washington. Highland County Twps included: Madison. Jackson County Twps included: Liberty, Washington,
Milton, Jackson, Coal, Wilkesville. Logan County Twps included: Monroe, Zane, Jefferson, Perry, Rush
Creek, Bokes Creek. Madison County Twps included: Range, Paint, Fairfield, Sommerford, Jefferson, Pike,
Canaan, Pleasant, Oak Run, Union, Deer Creek, Monroe, Darby. Pike County Twps included: Perry, Benton,
Mifflin, Sunfish, Newton, Prebble, Pee Pee, Seal, Beaver, Jackson. Wyandot County Twps included:
Jackson, Marseilles, Mifflin, Pitt, Antrim. Muskingum County includes:Jackson,Licking,Hope Well, Newton,
Clay, Cass, Muskingum falls,Springfield,Madison,Washington,Wayne,Brush Creek.
Finishing, Steel Sash, Stairway and Ornamental
Sheet Gang
1 Apprentice for every sheeting gang per project
Rod Work
Structural Work
Ratio :
Special Calculation Note : Impact Fund:Training
4th Year
43 - 48
Months
80.00
90.00
100.00
2001-3000
hrs
3001-4000
hrs
More than
4000 hrs
$13.58
$22.63
$20.37
$18.10
$15.84
$6.40
$6.40
$6.40
$6.40
$6.40
$6.40
$6.40
$6.40
$6.40
$3.00
$3.00
$3.00
$3.00
$3.00
$3.00
$3.00
$3.00
$3.00
H&W Pension
$0.30
$0.30
$0.30
$0.30
$0.30
$0.30
$0.30
$0.30
$0.30
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$32.43
$30.17
$27.90
$25.64
$23.38
$33.36
$33.05
$32.74
$32.43
Total
PWR
$43.75
$40.35
$36.96
$33.56
$30.17
$45.14
$44.67
$44.21
$43.75
Overtime
Rate
):
FAIRFIELD, FAYETTE, FRANKLIN, HOCKING,
LICKING, MADISON, PICKAWAY, UNION
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285257731005CA772?opendocument[7/19/2013 3:35:59 PM]
Details :
Group 1:
General Laborers, Carpenter Tender, Cathodic Protection, Cleaning Debris, Cleaning of all Material, General Clean-up
including Vacuum Cleaning, Scraping and Cleaning of Walls and Floors, Landscape, Installation and Removal of
Ratio :
70.00
1001-2000
hrs
Percent
Apprentice
60.00
$23.56
Group 4
0-1000 hrs
$22.94
$23.25
Group 2
Group 3
$22.63
Laborer
Group 1
Classification
BHR
Craft : Laborer Effective Date : 06/05/2013 Last Posted : 06/05/2013
Name of Union: Labor Local 423
Skilled Crafts
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285257731005CA772?opendocument[7/19/2013 3:35:59 PM]
Hazardous Waste Removal & Lead Abatement Workers: Exclusive or "Hot" area with toxic or hazardous materials,
when one of the following personal protective equipment ensembles will be required for necessary protection against
toxic contaminants. All of the ensembles increase the risks of certain types of worker-related injuries. When Laborers
complement another craft receiving premium rate of pay Laborers will also receive premium pay for this "HOT" type
of work.
Group 4 Hazardous Waste (Level D) requiring the following protective equipment must be paid at Group 4 rate,
Protective equipment is required when the area has been known to contain extremely toxic contaminants or
contaminants unknown but may be expected to be extremely toxic and /or Immediately Dangerous to Life and Health
(IDLH). This ensemble includes fully encapsulated chemical suit (moon suit), Self Contained Breathing Apparatus
(SCBA), or Airline Fed Respirator, and various types and numbers of boots and gloves, cool vests and voice activated
radios are optional equipment sometimes worn. Level D ensembles provide the highest level of protection from
contaminants but places the greatest physical and mental stress on the worker. The claustrophobic environment of the
moon suit causes anxiety in most people, which greatly increases the already inherent heat stress problems. Also, this
ensemble reduces vision, mobility, dexterity, and communication capacity, all of which increases the risk of normal
job related injuries, ie., slips ,falls, caught between, etc
.
Hazardous Pay of $0.25 per hour shall be paid in addition to classifications shown above
Swing Scaffolds (suspended by rope or pulley), and swing scaffolds for grain storage tank or grain elevators, when the
work is performed at a height of fifty (50) feet or more above the foundations or grade level, whichever is higher.
Caisson work and tunnel work (depth being 15 feet or deeper)
Group 3 Hazardous (Level C:) Any work requiring the following protective equipment must be paid at Group 3 rate,
A chemically resistant splash suit and a (SCBA) or Airline Respirator. This ensemble is required when the situation is
very hazardous, such as oxygen deficient atmospheres, IDLH atmospheres, or confined space entries, but the risk of
skin exposure is not as great as in Level D situations. Then Level C ensemble gives the second highest level of
protection, but also puts physical stress on the worker; primarily heat stress, reduced vision,dexterity and mobility
directly attributable to wearing of the protective equipment. Therefore, in addition to the hazardous material, the hazard
of the normal job related injuries is greatly increased.
Hazardous Waste (Level B): Any work requiring the following protective equipment must be paid at Group 2 rate,
A protective suit and an Air Purifying Respirator (APR) with the appropriate filter canisters. The ensemble is used
when contaminants are reliably known not to be hazardous to the skin and not IDLH (Immediately Dangerous To Life
or Health) and correct filter protection is available. This ensemble offers adequate protection for many jobs. Heat stress
may be a problem due to inherent restrictions to breathing in an APR. Also, normal job related injury risk will be
nearly as high as for Level C Equipment.
Group 2:
Skid Steer, Concrete Specialists, Brick Tender, Stone Mason Tender, Plaster Tender, Mortar Mixer and Operator,
Cement Mason Tender, Construction Specialist, All Scaffold Builders (Swinging Scaffolds), Lagging, Bush
Hammering,Jack Hammer Operator, Air or Electric Pneumatic Tool Operator, Power Driven Tools, Power Buggy
Operators, Pouring and Placement of all concrete, Fork Lift Operators, Power Wheelbarrow Operators, Asphalt and
Blacktop Rakers, Wrecker/Demolition, Sand Blasting and Chipping, Welders on Demolition, Grade Checkers, a person
on a bucket pouring concrete, Gunite Nozzle man, Wagon and Churn Drill Operator, Concrete Saw Operator, Brush
Feeders on pulverizers, Pipe Layers, Bottom Man, Laser Gun, Burners, Sand Blasting of concrete, Vibrator Man,
Steward, Signal Man, Caisson, Caisson Bottom Man, Piledrivers, Asbestos and Lead Abatement Laborers.
Fencing, Sod Layers, All Portable Heaters, Flagman, Loading and Unloading of all Trucks, Handling and conveying all
Materials, Washing of all Windows, Conveyer Belt, All Water Pumps up to and including three (3) inch intake,
Watchman, Water Boy and Tool Room Attendant.
80.00
90.00
100.00
2001-3000
hrs
3001-4000
hrs
More than
4000 hrs
$16.03
$26.72
$24.05
$21.38
$18.70
$6.40
$6.40
$6.40
$6.40
$6.40
$6.40
$6.40
$6.40
$6.40
$6.40
$3.00
$3.00
$3.00
$3.00
$3.00
$3.00
$3.00
$3.00
$3.00
$3.00
H&W Pension
$0.35
$0.35
$0.35
$0.35
$0.35
$0.35
$0.35
$0.35
$0.35
$0.35
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.10
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$36.57
$33.90
$31.23
$28.55
$25.88
$29.30
$37.52
$37.07
$36.74
$36.57
$49.93
$45.92
$41.91
$37.91
$33.90
$39.03
$51.36
$50.68
$50.19
$49.93
Overtime
Rate
):
BELMONT, BROWN, BUTLER, CARROLL,
COLUMBIANA, COSHOCTON, CRAWFORD, DARKE,
DEFIANCE, DELAWARE, FAIRFIELD, FAYETTE,
FRANKLIN, FULTON, GALLIA, GREENE,
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total
PWR
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852579C10069857F?opendocument[7/19/2013 3:35:42 PM]
4 Journeymen to 1 Apprentice thereafter
Ratio :
Irrevocable
Fund
(*)
(*)
Special Calculation Note : Watchmen have no Apprentices
70.00
1001-2000
hrs
Percent
60.00
Apprentice
0-1000 hrs
$27.67
$19.45
Group 4
Watch
Person
$26.89
$27.22
Group 2
Group 3
$26.72
Laborer
Group 1
Classification
BHR
Craft : Laborer Group 1 Effective Date : 05/08/2013 Last Posted : 05/08/2013
Change # : LCN01-2013jcLocalHevHwy3
Name of Union: Labor HevHwy 3
Skilled Crafts
PW Rate Skilled LCN01-2013jcLocalHevHwy3 Page
HOLMES, JACKSON, JEFFERSON, KNOX,
LAWRENCE, LICKING, LOGAN, MADISON,
MARION, MEIGS, MERCER, MIAMI, MONROE,
MUSKINGUM, NOBLE, PAULDING, PERRY,
PICKAWAY, PIKE, PREBLE, PUTNAM, RICHLAND,
ROSS, SCIOTO, SENECA, SHELBY, TUSCARAWAS,
UNION, VAN WERT, VINTON, WARREN,
WASHINGTON, WAYNE, WILLIAMS, WYANDOT
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852579C10069857F?opendocument[7/19/2013 3:35:42 PM]
Group 4
Miner, Welder, Gunnite Nozzle Person
Group 3
Blast and Powder Person, Muckers (with miners), Wrencher (mechanical joints & utility pipeline), Yarner, Top
Lander, Hazardous Waste (level A), Concrete Specialist, Curb Setter and Cutter, Concrete Crew in Tunnels. Utility
pipeline Tappers, Waterline, Caulker, Signal Person, Grade Checker
Group 2
Asphalt Raker, Screwman or Paver, Concrete Puddler, Kettle Man (pipeline), All Machine-Driven Tools (Gas,
Electric, Air), Mason Tender, Brick Paver, Mortar Mixer, Skid Steer, Sheeting & Shoring Person, Surface Grinder
Person, Screedperson, Water Blast, Hand Held Wand, Power Buggy or Power Wheelbarrow, Paint Striper, Plastic
fusing Machine Operator, Rodding Machine Operator, Pug Mill Operator, Operator of All Vacuum Devices Wet or
Dry, Handling of all Pumps 4 inches and under (gas, air or electric), Bottom Person, Welder Helper (pipeline),
Concrete Saw Person, Cutting with Burning Torch, Pipe Layer, Hand Spiker (railroad), Underground Person (working
in sewer and waterline, cleaning, repairing and reconditioning). Tunnel Laborer (without air), Caisson, Cofferdam
(below 25 feet deep), Air Track and Wagon Drill, Sandblaster Nozzle Person, Hazardous Waste (level B), Lead
Abatement, Hazardous Waste (level C)
Details :
Group 1
Laborer (Construction); Plant Laborer or Yardman, Right-of-way Laborer, Landscape Laborer, Highway Lighting
Worker, Signalization Worker (Swimming) Pool Construction Laborer, Utility Man, Bridge Man, Handyman, Joint
Setter, Flagperson, Carpenter Helper, Waterproofing Laborer, Slurry Seal, Seal Coating, Surface Treatment or Road
Mix Laborer, Riprap Laborer & Grouter, Asphalt Laborer, Dump Man (batch trucks), Guardrail & Fence Installer,
Mesh Handler & Placer, Concrete Curing Applicator, Scaffold Erector, Sign Installer, Hazardous Waste (level D),
Diver Helper, Zone Person and Traffic Control.
Special Jurisdictional Note : Hod Carriers and Common Laborers - Heavy, Highway, Sewer, Waterworks,
Utility, Airport, Railroad, Industrial and Building Site, Sewer Plant, Waste Water Treatment Facilities
Construction
PW Rate Skilled LCN01-2013jcLocalHevHwy3 Page
Skilled Crafts
$5.00
$5.00
$24.13
$18.65
$20.51
$20.51
$24.25
$29.77
$26.95
$24.13
$37.30
Operator C
Groundman
0-12
months Exp
Groundman
0-12
months Exp
w/CDL
Groundman
1 yr or
more
Groundman
1 yr or
more
w/CDL
Equipment
Mechanic
A
Equipment
Mechanic
B
Equipment
Mechanic
C
X-Ray
Technician
$5.00
$1.12
$0.72
$0.81
$0.89
$0.73
$0.62
$0.62
$0.56
$0.72
$0.89
$1.01
$1.12
$1.12
$1.12
$0.37
$0.24
$0.27
$0.30
$0.24
$0.21
$0.21
$0.19
$0.24
$0.30
$0.34
$0.37
$0.37
$0.37
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
$7.46
$4.83
$5.39
$5.95
$4.85
$4.10
$4.10
$3.73
$4.83
$5.95
$6.71
$7.46
$7.46
$7.46
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
Irrevocable
Fund
$51.40
$35.07
$38.57
$42.06
$35.22
$30.59
$30.59
$28.28
$35.07
$42.06
$46.74
$51.40
$51.40
$51.40
Total
PWR
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285257745004D91C8?opendocument[7/19/2013 3:33:58 PM]
$5.00
$5.00
$5.00
$5.00
$5.00
$5.00
$5.00
$5.00
$33.53
$5.00
$29.77
$37.30
Certified
Cable
Splicer
$5.00
Operator A
$37.30
Certified
Lineman
Welder
$5.00
App
Tr.
H&W Pension
Operator B
$37.30
Electrical
Lineman
Classification
BHR
Craft : Lineman Effective Date : 01/16/2013 Last Posted : 01/16/2013
Name of Union: Electrical Local 71 High Tension Pipe Type Cable
$70.05
$47.14
$52.05
$56.95
$47.35
$40.85
$40.85
$37.60
$47.14
$56.95
$63.51
$70.05
$70.05
$70.05
Overtime
Rate
90.00
85.01
80.00
75.01
$33.57
$31.71
$29.84
$27.98
$26.11
$24.25
$22.38
Percent
$5.00
$5.00
$5.00
$5.00
$5.00
$5.00
$5.00
$1.01
$0.95
$0.90
$0.84
$0.78
$0.73
$0.67
$0.34
$0.32
$0.30
$0.28
$0.26
$0.24
$0.22
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$6.71
$6.34
$5.97
$5.60
$5.22
$4.85
$4.48
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$46.78
$44.47
$42.16
$39.85
$37.52
$35.22
$32.90
$63.57
$60.32
$57.08
$53.84
$50.57
$47.34
$44.09
):
ADAMS, ASHLAND, ASHTABULA, ATHENS,
CRAWFORD, CUYAHOGA, DARKE, DELAWARE,
GEAUGA, GREENE, GUERNSEY, HAMILTON,
HARRISON, HIGHLAND, HOCKING, HOLMES,
LICKING, LOGAN, LORAIN, MADISON, MAHONING,
MARION, MEDINA, MEIGS, MERCER, MIAMI,
PORTAGE, PREBLE, RICHLAND, ROSS, SCIOTO,
SHELBY, STARK, SUMMIT, TRUMBULL,
TUSCARAWAS, UNION, VINTON, WARREN,
WASHINGTON, WAYNE
Ratio :
*All Operators of cranes 45 ton or larger shall be paid the journeyman rate of pay. $0.15 is for Health
Retirement Account.
Operator "C"
Trench, Backhoe, Riding type vibratory Compactor, Ground Rod Driver, Boom Truck (6 ton & below), Skid
Steer Loaders, Material Handler.
Operator "B"
Cranes (greater than 6 tons and up to 25 tons), Backhoes, Road Tractor, Dozer up to D-5, Pressure Diggerwheeled or tracked, all Tension wire Stringing equipment.
Operator "A"
John Henry Rock Drill, D-6 (or equivalent) and above, Trackhoe Digger, (320 Track excavator), Cranes
(greater then 25 tons and less than 45 tons).
7th 1000
hrs
6th 1000
hrs
5th 1000
hrs
4th 1000
hrs
70.00
65.01
2nd 1000
hrs
3rd 1000
hrs
60.00
1st 1000
hrs
Apprentice
Details :
Heli - Arc Welding will be paid $.30 above Journeyman rate. Additional compensation of 10% over the Journeyman
Lineman and Journeyman Technician for performing work on structures outside of buildings such as water towers,
smoke stacks, radio and television towers, more than 75' above the ground.
Skilled Crafts
$5.00
$5.00
$37.02
$31.82
$28.22
Cable
Splicer
Operator A
Operator B
$5.00
$5.00
$19.46
$19.46
$23.00
$28.23
$25.55
$22.86
$25.18
Percent
Groundman
0-12
months Exp
w/CDL
Groundman
1 yr or
more
Groundman
1 yr or
more
w/CDL
Equipment
Mechanic
A
Equipment
Mechanic
B
Equipment
Mechanic
C
Line Truck
w/uuger
Apprentice
$0.76
$0.69
$0.77
$0.85
$0.69
$0.58
$0.58
$0.53
$0.69
$0.85
$0.95
$1.11
$1.06
$1.06
$0.25
$0.23
$0.26
$0.28
$0.23
$0.19
$0.19
$0.18
$0.23
$0.28
$0.32
$0.37
$0.35
$0.35
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
$5.04
$4.57
$5.11
$5.65
$4.60
$3.89
$3.89
$3.54
$4.57
$5.64
$6.36
$7.40
$7.08
$7.08
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
Irrevocable
Fund
$36.38
$33.50
$36.84
$40.16
$33.67
$29.27
$29.27
$27.09
$33.50
$40.14
$44.60
$51.05
$49.02
$49.02
Total
PWR
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852573600050A24D?opendocument[7/19/2013 3:34:13 PM]
$5.00
$5.00
$5.00
$5.00
$5.00
$5.00
$22.86
$17.69
Operator C
Groundman
0-12
months Exp
$5.00
$5.00
$5.00
$35.38
Substation
Technician
$5.00
$35.38
App
Tr.
H&W Pension
Electrical
Lineman
Classification
BHR
Name of Union: Electrical Local 71 Outside Utility Power
$48.97
$44.93
$49.62
$54.28
$45.17
$39.00
$39.00
$35.94
$44.93
$54.25
$60.51
$69.56
$66.71
$66.71
Overtime
Rate
65.00
70.00
75.00
80.00
85.00
90.00
2nd 1000
hrs
3rd 1000
hrs
4th 1000
hrs
5th 1000
hrs
6th 1000
hrs
7th 1000
hrs
$31.84
$30.07
$28.30
$26.54
$24.77
$23.00
$21.23
$5.00
$5.00
$5.00
$5.00
$5.00
$5.00
$5.00
$0.96
$0.90
$0.85
$0.80
$0.74
$0.69
$0.63
$0.32
$0.30
$0.28
$0.27
$0.25
$0.23
$0.21
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$6.37
$6.01
$5.66
$5.31
$4.95
$4.60
$4.25
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.15
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$44.64
$42.43
$40.24
$38.07
$35.86
$33.67
$31.47
$60.56
$57.47
$54.40
$51.33
$48.24
$45.17
$42.08
):
ADAMS, ASHLAND, ASHTABULA, ATHENS,
CRAWFORD, CUYAHOGA, DARKE, DELAWARE,
GEAUGA, GREENE, GUERNSEY, HAMILTON,
HARRISON, HIGHLAND, HOCKING, HOLMES,
LICKING, LOGAN, LORAIN, MADISON, MAHONING,
PORTAGE, PREBLE, RICHLAND, ROSS, SCIOTO,
SHELBY, STARK, SUMMIT, TRUMBULL,
TUSCARAWAS, UNION, VINTON, WARREN,
WASHINGTON, WAYNE
Details :
Special Jurisdictional Note : 0.15 is for Health Retirement Account.
(1) Journeyman Lineman to (1) Apprentice
Ratio :
Operator "C"
Trench, Backhoe, Riding type vibratory Compactor, Ground Rod Driver, Boom Truck (6 ton & below), Skid
Steer Loaders, Material Handler.
Operator "B"
Cranes (greater than 6 tons and up to 25 tons), Backhoes, Road Tractor, Dozer up to D-5, Pressure Diggerwheeled or tracked, all Tension wire Stringing equipment.
Operator "A"
John Henry Rock Drill, D-6 (or equivalent) and above, Trackhoe Digger, (320 Track excavator), Cranes
(greater then 25 tons and less than 45 tons).
60.00
1st 1000
hrs
Heli - Arc Welding will be paid $.30 above Journeyman rate. Additional compensation of 10% over the Journeyman
Lineman and Journeyman Technician for performing work on structures outside of buildings such as water towers,
smoke stacks, radio and television towers, more than 75' above the ground.
$32.25
$30.15
$18.43
$21.78
Traffic
Signal &
Lighting
Journeyman
Equipment
Operator
Groundman
0-12
months
Groundman
1 year plus
$29.03
Percent
6th 1,000
hours
Apprentice
Lineman
$21.78
$5.00
$5.00
$5.00
$5.00
$5.00
$5.00
$5.00
$5.00
$5.00
$5.00
$5.00
$5.00
$5.00
$0.65
$0.60
$0.87
$0.77
$0.73
$0.68
$0.63
$0.58
$0.65
$0.55
$0.90
$0.97
$1.01
H&W Pension
$0.22
$0.20
$0.29
$0.26
$0.24
$0.23
$0.21
$0.19
$0.22
$0.18
$0.30
$0.32
$0.34
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$3.70
$3.42
$4.94
$4.39
$4.11
$3.84
$3.56
$3.29
$3.70
$3.13
$5.13
$5.48
$5.70
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$31.34
$29.32
$40.13
$36.22
$34.27
$32.33
$30.36
$28.41
$31.35
$27.29
$41.48
$44.02
$45.55
Total
PWR
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285257A07005A33B3?opendocument[7/19/2013 3:34:25 PM]
65.00
$25.80
5th 1,000
hours
2nd 1,000
Hours
$24.19
4th 1,000
hours
$20.10
$22.58
3rd 1,000
hours
60.00
$20.96
2nd 1,000
hours
1st 1,000
Hours
$19.35
1st 1,000
hours
Traffic
Signal
Apprentices
$33.50
Electrical
Lineman
Classification
BHR
Change # : LCR01-2013fbLoc71CentralOhio
Name of Union: Electrical Local 71 Outside (Central OH Chapter)
Skilled Crafts
PW Rate Skilled LCR01-2013fbLoc71CentralOhio Page
$42.23
$39.37
$54.64
$49.12
$46.37
$43.62
$40.84
$38.09
$42.24
$36.50
$56.55
$60.14
$62.30
Overtime
Rate
80.00
5th 1,000
Hours
90.00
$30.15
$28.48
$26.80
$25.13
$23.45
$5.00
$5.00
$5.00
$5.00
$5.00
$0.90
$0.85
$0.80
$0.75
$0.70
$0.30
$0.28
$0.27
$0.25
$0.23
$0.00
$0.00
$0.00
$0.00
$0.00
$5.13
$4.84
$4.56
$4.27
$3.99
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$41.48
$39.45
$37.43
$35.40
$33.37
$56.56
$53.69
$50.83
$47.96
$45.10
):
ADAMS, ASHLAND, ATHENS, COSHOCTON,
CRAWFORD, DELAWARE, FAIRFIELD, FAYETTE,
FRANKLIN, GALLIA, GUERNSEY, HIGHLAND,
HOCKING, JACKSON, KNOX, LAWRENCE, LICKING,
MADISON, MARION, MEIGS, MONROE, MORGAN,
MORROW, MUSKINGUM, NOBLE, PERRY,
PICKAWAY, PIKE, RICHLAND, ROSS, SCIOTO,
TUSCARAWAS, UNION, VINTON, WASHINGTON
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285257A07005A33B3?opendocument[7/19/2013 3:34:25 PM]
Scope of Work: installation and maintenance of highway and street lighting, highway and street sign lighting,
electronic message boards and traffic control systems, camera systems, traffic signal work, substation and line
construction including overhead and underground projects for private and industrial work as in accordance with the
IBEW Constitution. This Agreement includes the operation of all tools and equipment necessary for the installation of
the above projects.
Details :
A groundman when directed shall assist a Journeyman Lineman, Traffic Signal and Lighting Journeyman or
Equipment Operator in the performance of his/her work on the ground, including the use of hand tools. Under no
circumstances shall this classification climb poles, towers, or work from an elevated platform or bucket truck. This
classification shall not perform work normally assigned to an Apprentice.
Ratio :
Special Calculation Note : Other is National Electrical Benefit Fund (NEBF) and Safety & Education Fund.
7th 1,000
Hours
85.02
75.01
4th 1,000
Hours
6th 1,000
Hours
70.01
3rd 1,000
Hours
PW Rate Skilled LCR01-2013fbLoc71CentralOhio Page
70.00
80.00
3rd Year
4th Year
70.00
80.00
3rd Year
4th Year
$15.72
$25.15
$22.01
$18.86
$15.72
$25.15
$22.01
$18.86
$6.91
$6.91
$6.91
$6.91
$6.91
$6.91
$6.91
$6.91
$6.91
$6.91
$6.91
$6.91
$6.91
$6.91
$6.91
$6.91
$6.91
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
H&W Pension
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$38.70
$35.56
$32.41
$29.27
$38.70
$35.56
$32.41
$29.27
$46.24
$45.99
$45.49
$45.24
$37.19
$42.65
$43.83
$44.87
$44.99
Total
PWR
$51.28
$46.56
$41.85
$37.13
$51.28
$46.56
$41.85
$37.13
$62.58
$62.21
$61.46
$61.09
$49.01
$57.20
$58.97
$60.53
$60.71
Overtime
Rate
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852579EA00739A8E?opendocument[8/9/2013 3:03:42 PM]
):
For every (3) Operating Engineer Journeymen employed byADAMS, ALLEN, ASHLAND, ATHENS, AUGLAIZE,
the company ,there may be employed (1) Registered
Apprentice. An apprenice, while employed as part of a
Ratio :
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
Special Calculation Note : Other: Education & Safety Fund is $0.04 per hour.
50.00
60.00
1st Year
2nd Year
Field
Mechanic
Trainee
60.00
2nd Year
Percent
Apprentice
50.00
$32.69
Class 9
1st Year
$31.94
$32.44
Class 7
Class 8
$23.64
$31.69
Class 5
$29.10
Class 4
Class 6
$31.32
$30.28
Class 2
Class 3
$31.44
Operator
Class 1
Classification
BHR
Craft : Operating Engineer Effective Date : 08/07/2013 Last Posted : 08/07/2013
Change # : LCN01-2013fbLoc18zone3
Name of Union: Operating Engineers - Building Local 18 - Zone III
Skilled Crafts
PW Rate Skilled LCN01-2013fbLoc18zone3 Page
COSHOCTON, CRAWFORD, DARKE, DEFIANCE,
FULTON, GALLIA, GREENE, GUERNSEY,
HAMILTON, HANCOCK, HARDIN, HARRISON,
HENRY, HIGHLAND, HOCKING, HOLMES,
JACKSON, JEFFERSON, KNOX, LAWRENCE,
LICKING, LOGAN, MADISON, MARION, MEIGS,
MERCER, MIAMI, MONROE, MONTGOMERY,
MORGAN, MORROW, MUSKINGUM, NOBLE,
OTTAWA, PAULDING, PERRY, PICKAWAY, PIKE,
SCIOTO, SENECA, SHELBY, STARK, TUSCARAWAS,
UNION, VAN WERT, VINTON, WARREN,
WASHINGTON, WAYNE, WILLIAMS, WYANDOT
Class 4 - Ballast Re-locator; Backfillers and Tampers; Batch Plant Operators; Bar and Joint Installing Machines; Bull
Floats; Burlap and Curing Machines; Clefplanes; Compressors, on building construction; Concrete Spreader;
Conveyors, used for handling building materials; Concrete Mixers, one bag capacity (side loader); Concrete Mixers,
capacity more than one bag; Crushers; Deck Hands; Drum Fireman (in Asphalt Plant); Farm type tractors pulling
Class 3 - A Frames; Air Compressors, Pressurizing Shafts or Tunnels; All Asphalt Rollers; Bobcat-type and/or skid
steer loader with or without attachments; Boilers (15 lbs pressure and over); All concrete Pumps (without booms with
5 inch system); Fork Lifts (except masonry); Highway Drillers - all types (with integral power); Hoists (with one
drum); House Elevators (except those automatic call button controlled); Man lifts; Mud Jacks; Pressure Grouting;
Pump Operators (installing or operating Well Points or other types of Dewatering Systems); Pumps (4 inches and over
discharge); Railroad Tie Inserter/Remover; Rotator (Lime-Soil Stabilizer); Submersible Pumps (4 inches and over
discharge); Switch & Tie Tampers (without lifting and aligning device); Trench Machines (24 inches and under);
Utility Operators; Material hoist/elevators.
Class 2 - Asphalt Pavers; Bobcat-type and/or skid steer loader with hoe attachment greater than 7000 lbs. Bulldozers;
CMI type Equipment; Endloaders; Hydro Milling Machine; Kolman-type Loaders (Dirt Loading); Lead Greasemen;
Mucking Machines; Pettibone-Rail Equipment; Power Graders; Power Scoops; Power Scrapers; Push Cats; Vermeer
Type Concrete Saw;All rotomills, grinders & planers of all types. Articulating/end dumps (minus $4.00/hour from
Class 2 rate)
Class 1 - Barrier Moving Machine; Boiler Operators or Compressor Operators, when compressor or boiler is mounted
on crane (Piggyback Operation); Boom Trucks (all types); Cableways Cherry Pickers; Combination - Concrete Mixers
& Towers; All Concrete Pumps with Booms; Cranes (all types) Derricks (all types); Draglines Dredges (dipper, clam
or suction) 3-man crew; Elevating Graders or Euclid Loaders; Floating Equipment; Gradalls; Helicopter Operators;
hoisting building materials; Helicopter Winch Operators, Hoisting building materials; Hoes (All types); Hoists (with
two or more drums in use): Hydraulic Gantry (lift system); Laser Finishing Machines; Lift Slab or Panel Jack
Operators; Locomotives (all types); Maintenance Engineers (Mechanic and/or Welder); Mixers, paving (multiple
drum); Mobile Concrete Pumps, with booms, Panelboards, (all types on site); Pile Drivers; Power Shovels; Prentice
Loader; Rail Tamper (with automatic lifting and aligning device);' Rotary Drills (all) used on caissons for foundations
and sub-structure work; Side Booms; Slip Form Pavers; Straddle Carriers (Building Construction on site); Tug Boats.
Horizontal Directional Drill, Rough Terrain Fork-lift with Winch/Hoist, Laser Screed, and Like equipment;Compact
Cranes,track or rubber over 4,000 pound capacity,self-erecting cranes:stationary,track or truck (all configurations)
bucket trench machines (over 24 " wide).
Details :
**Apprentices will receive a 10% increase on top of the percentages listed above provided they are operating mobile
equipment. Mechanic Trainees will receive 10% increase if required to have CDL
crew per Article VIII, paragraph 77, will not be subject to
the apprenticeship ratios in this collective bargaining
agreement. On jobs where maintenance engineers are to be
employed, for every (2) Class 2 Mechanics there may be
(1) Mechanic Trainee & so fourth.
Class 9 - Boom & Jib 250 - or over
Class 8 - Boom & Jib 180 - 249 feet
Class 7 - Boom & Jib 150 - 180 feet
Class 6 - Master Mechanic
Class 5 - Boilers (less than 15 lbs. pressure); Inboard/outboard Motor Boat Launches; Light Plant Operators; Masonry
Fork Lifts; Oilers/Helpers; Power Driven Heaters (oil fired); Power Scrubbers; Power Sweepers; Pumps (under 4 inch
discharge); Signalmen, Submersible Pumps (under 4 inch discharge). Directional Drill Locator and Allen Screed
Concrete Paver. Fueling and greasing (plus $3.00), compact cranes; track or rubber under 4,000 pounds.
attachments; Finishing Machines; Form Trenchers; Generators: Gunite Machines; Hydro-Seeders; Pavement Breakers
(hydraulic or cable); Post Drivers; Post Hole Diggers; Pressure Pumps (over 1/2 inch discharge); Road Widening
Trenchers; Rollers (except asphalt); All Concrete pumps (without Boom with 4 inch or smaller systems); SelfPropelled Power Spreaders; Concrete Spreaders; Self-Propelled Sub-graders; Shotcrete Machines; Tire Repairmen;
Tractors, pulling sheepfoot rollers or graders; VAC/ALLS; Vibratory Compactors, with integral power; Welder
Operators.
$6.91
$32.04
70.00
80.00
3rd Year
4th Year
69.73
79.70
3rd year
4th year
$15.77
$25.14
$21.99
$18.85
$15.71
$25.23
$22.08
$18.92
$6.91
$6.91
$6.91
$6.91
$6.91
$6.91
$6.91
$6.91
$6.66
$6.66
$6.66
$6.66
$6.66
$6.91
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$5.75
$5.75
$5.75
$5.75
$5.75
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$6.00
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.60
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.04
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
Irrevocable
Fund
$38.69
$35.54
$32.40
$29.26
$38.78
$35.63
$32.47
$29.32
$40.60
$46.15
$50.25
$50.25
$51.75
$45.59
$45.34
$45.34
$37.29
$42.75
$43.93
$44.97
$45.09
Total
PWR
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852579EA0071D69A?opendocument[8/9/2013 3:03:57 PM]
49.80
59.75
1st year
2nd year
Field Mech
Trainee
Class 2
50.00
60.00
Apprentice
1st Year
$27.55
Percent
Class 4
2nd Year
$37.20
$33.10
Class 2B
Class 3
$38.70
$37.20
Class 1
Class 2A
Great
Lakes
Floating
Agreement
Class 8
$6.91
$31.79
$31.79
Class 6
Class 7
$6.91
$6.91
$29.20
$23.74
Class 4
$6.91
$6.91
$6.91
App
Tr.
H&W Pension
Class 5
$31.42
$30.38
Class 2
Class 3
$31.54
Operator
Class 1
Classification
BHR
Craft : Operating Engineer Effective Date : 08/07/2013 Last Posted : 08/07/2013
Change # : LCN01-2013fbLoc18hevhwyII
Name of Union: Operating Engineers - HevHwy II
Skilled Crafts
PW Rate Skilled LCN01-2013fbLoc18hevhwyII Page
$51.26
$46.54
$41.82
$37.11
$51.40
$46.67
$41.94
$37.21
$54.38
$62.70
$68.85
$68.85
$71.10
$61.61
$61.24
$61.24
$49.16
$57.35
$59.12
$60.68
$60.86
Overtime
Rate
Class 3 - A-Frames; Air Compressors, on tunnel work (low Pressure); Asphalt Plant Engineers; Bobcat-type and/or
skid steer loader with or without attachments; Power Boilers (15 lbs pressure and over); Highway Drills (all types);
Class 2 - Asphalt Pavers; Automatic Subgrade Machines, self-propelled (CMI-type); Bobcat-type and /or skid steer
loader with hoe attachment greater than 7000 lbs.; Boring Machine Operators (more than 48 inches); Bulldozers;
Endloaders; Hydro Milling Machine; Kolman-type Loaders (production type-dirt); Lead Greasemen; Maintenance
Operators, Class B (Portage and Summit Counties only); Pettibone-Rail Equipment; Power Graders; Power Scrapers;
Push Cats; Lighting and Traffic Signal Installation Equipment includes all groups or classifications; Trench Machines
(24inch wide and under); Vermeer Type Concrete saw. Material Transfer Equipment (Shuttle buggy) Asphalt; All
rotomills,grinders and planers of all types. Horizontal Directional Drill (Over 50,000 ft.lbs.thrust and over)
Class 1 - Air Compressors on Steel Erection; Barrier Moving Machine; Boiler Operators, on Compressors or
Generators, when mounted on a rig: Cableways, Combination Concrete mixers & Towers; Concrete Pumps; Concrete
Plants ( over 4 yd capacity); Cranes (all types, including Boom Trucks, Cherry Pickers); Derricks; Draglines, Dredgers
(dipper, clam or suction); Elevating Graders or Euclid Loaders; Floating Equipment (all types); Gradalls, Helicopter
Crew (Operator- hoist or winch); Hoes (all types); Hoisting Engines, on shaft or tunnel work; Hydraulic Gantry (lifting
system); Industrial - Type Tractors; Jet Engine Dryers (D8 or D9), Diesel Tractors; Locomotives (standard gage);
Maintenance Operators (class A); Mixers, paving (single or double drum); Mucking Machines; Multiple Scrapers;
Piledriving Machines (all types); Power Shovels, Prentice Loader; Quad 9 (double pusher); Rail Tamper (with
automatic lifting and aligning device); Refrigerating Machines (freezer operation); Side Booms; Slip Form Pavers;
Tower Dericks; Tree Shredders; Truck Mounted Concrete Pumps; Tug Boats; Tunnel Machines and /or Mining
Machines; Wheel Excavators. Rough Terrain Fork-lift with Winch/Hoist; Compact Cranes, track rubber over 4,000
pound capacity, self-erecting cranes; stationary, track or truck (all configurations) Bucket trench machines (over 24
inches wide).
Details :
**Apprentices will receive a 10% increase on top of the percentages listed above provided they are operating mobile
equipment. Mechanic Trainees will receive 10% increase if they are required to have CDL.
):
For every (3) Operating Engineer Journeymen employed byADAMS, ALLEN, ASHLAND, ATHENS, AUGLAIZE,
the company , there may be employed (1) Registered
Apprentice. An apprentice, while employed as part of a
crew per Article VIII paragraph 65, will not be subject the COSHOCTON, CRAWFORD, DARKE, DEFIANCE,
apprenticeship ratios in this collective bargaining
agreement. On jobs where maintenance engineers are to be FULTON, GALLIA, GREENE, GUERNSEY,
employed, for every (2) Class 2 Mechanics there may be HAMILTON, HANCOCK, HARDIN, HARRISON,
(1) Mechanic Trainee & so fourth. Mechanic Trainee rate HENRY, HIGHLAND, HOCKING, HOLMES, HURON,
is a percentage of Class 2 rate.
LICKING, LOGAN, LUCAS, MADISON, MARION,
PERRY, PICKAWAY, PIKE, PREBLE, PUTNAM,
RICHLAND, ROSS, SANDUSKY, SCIOTO, SENECA,
SHELBY, STARK, TUSCARAWAS, UNION, VAN
WERT, VINTON, WARREN, WASHINGTON, WAYNE,
WILLIAMS, WOOD, WYANDOT
Ratio :
Special Calculation Note : Other: Education & Safety Fund is $0.04 per hour.
GREAT LAKES FLOATING AGREEMENT:
Class 1 - Diver,Wet Tender, Engineer, (Hyd.Dredge), Craft Foreman ( Master Mechanic)
Class 2A - Crane Backhoe Operator,Mechanic/Welder,Assistant Engineer (Hyd. Dredge), Leverman (Hyd Dredge)
Diver Tender, Tug Operator ( Tug 70T and over)
Class 2B - Friction Crane, Lattice Boom or any Crane Certification.
Class 3 - Deck Equipment Operator, (Machineryman), Maint. of Crane, Tug/Launch Operator, Loader/Dozer on Barge,
Deck Machinery, Maintenance of Crane ( over 50T capacity), or Backhoe (115,000lbs or more) Loaders/Dozer and
like equipment on Barge, Breakwater Wall, Slip/Dock Scow.
Class4 - Deck Equipment Operator, (Machineryman/Fireman)(4 equipment Units or more), Deck Hand, Tug Engineer,
Crane Maintenance, 50T and under/Backhoe 115,000lbs or less, Assistant Tug Operator, add off Road Truck.
Class 8 - Crane Boom over 180 ft .
Class 7 - Crane Boom 150 ft - 180 ft
Class 6 - Master Mechanic
Class 5 - Compressors (portable, Sewer, Heavy and Highway); Generators; Inboard-Outboard Motor Boat Launches;
Masonry Fork Lifts; Oilers/Helpers; Power Driven Heaters; Power Scrubbers; Power Sweepers; Pumps (under 4 inch
discharge); Signalmen; Drum Fireman (in Asphalt Plant); Oil Heaters (Asphalt Plant); Tire Repairmen; VAC/ALLS;
Fueling and greasing (plus $3.00), compact cranes: track or rubber under 4,000 pounds.
Class 4 -Ballast Re-locator; Backfillers, Batch Plants; Bar and Joint Installing Machines; Boring Machine Operators
(48 inch or less); Bull Floats; Burlap and Curing Machines; Concrete Plants (capacity 4 yd and under); Conveyors
(highway); Concrete Saws (multiple); Crushers; Deckhands; Farm type tractors, with attachments (highway), except
masonry; Finishing Machines; Firemen, Floating Equipment (all types); Fork Lifts (highway); Form Trenchers; Hydro
Hammers; Hydro Seeders; Pavement Breakers; Plant Mixers; Post Drivers; Post Hole Diggers (power auger); Power
Brush Burners; Power Form Handling Equipment; Road Widening Trenchers; Rollers (brick, grade, macadam); SelfPropelled Power Spreaders; Self-Propelled Sub-Graders; Tractors, pulling sheepsfoot rollers or graders; Steam
Firemen; Vibratory Compactors, with integral power.
Rollers, asphalt; Pump Operators (installing or operating well Points); Pumps (4 inch and over discharge); Railroad
Tie Inserter/Remover; Rotator (lime-soil Stabilizer), Switch & Tie Tampers (without lifting and aligning device);
Locomotives (narrow gage); Mixers, concrete (more than one bag capacity); Mixers, one bag capacity (side loader);
Utilities Operators, (small equipment); Welding Machines; Material hoist/elevators. Articulating/straight bed end
dumps if assigned (minus $4.00 per hour).
Overtime
Rate
$21.83
70.03
4001-5000
$16.98
$15.76
$14.55
$13.34
$4.67
$4.67
$4.67
$4.67
$4.67
$4.67
$4.67
$4.67
$4.67
$4.67
$4.67
$4.67
$0.07
$0.07
$0.07
$0.07
$0.07
$5.54
$5.54
$5.54
$5.54
$5.54
$5.54
$5.54
H&W Pension
$0.35
$0.35
$0.35
$0.35
$0.35
$0.35
$0.35
$0.35
$0.35
$0.35
$0.35
$0.35
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$22.07
$20.85
$19.64
$18.43
$17.22
$38.32
$38.32
$35.51
$35.11
$35.31
$34.81
$34.81
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852570FA005DD0EA?opendocument[8/15/2013 8:14:36 AM]
65.00
3001-4000
Percent
Apprentice
60.00
$27.76
Tanks - All
Tanks
50,000
gallon
capacity or
more
2001-3000
$27.76
Stacks and
towers
$12.13
$24.95
Sandblast
steam Clean
Water
Blasting
(3500 PSI
and Over)
and
Hazardous
55.00
$24.55
Structural
Steel Swing
Stage
1001-2000
$24.75
Spray
Painter
50.00
$24.25
Paperhanger
Wall
Washer
0-1000
$24.25
Painter
Brush Roll
Classification
BHR
$30.56
$28.73
$26.91
$25.10
$23.28
$52.20
$52.20
$47.99
$47.39
$47.69
$46.94
$46.94
$4.67
$4.67
$4.67
$0.07
$0.07
$0.07
$0.35
$0.35
$0.35
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$26.92
$25.70
$23.28
):
KNOX, LICKING, MADISON, MUSKINGUM, PERRY,
PICKAWAY*, ROSS*, UNION
$37.84
$36.01
$32.37
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852570FA005DD0EA?opendocument[8/15/2013 8:14:36 AM]
Details :
Heavy Highway Class 1 are qualified painters,blasters,riggers. Class 2 Equipment Tenders /or containment Builders are
hired to tend employers equipment also engage in the building & moving of containment systems. Class 3 support
personnel will perform Quality control duties,clean abrasive blast materials, load and unload trucks, handle all
materials, man safety boats, & handle traffic control. All Tanks 50,000 gallon capacity or more will be at the tank
stated rate.
Total
PWR
90.03
7001-8000
$20.61
$18.19
Craft : Painter Effective Date : 08/14/2013 Last Posted : 08/14/2013
Irrevocable
Fund
85.00
6001-7000
Special Calculation Note : APPRENTICES BASED ON % OF EACH CLASS ABOVE PLUS FULL
FRINGES
75.00
5001-6000
Ratio :
Name of Union: Painter Local 1275
Skilled Crafts
Total
PWR
Overtime
Rate
$2.84
$0.16
$0.16
$0.00
$0.00
$0.00
$0.00
$0.00
$1.47
$1.47
$1.47
$1.47
$1.47
$1.47
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$21.71
$18.84
$15.97
$14.05
$12.13
$23.63
$30.34
$26.02
$21.71
$18.84
$15.97
$33.21
6th 800 hrs
5th 800 hrs
4th 800 hrs
3rd 800 hrs
2nd 800 hrs
95.00
90.00
80.00
70.00
60.00
$21.94
$20.79
$18.48
$16.17
$13.86
$11.55
Percent
50.00
Apprentice
1st 800 hrs
$23.10
Plasterer
Classification
$6.30
$6.30
$6.30
$6.30
$6.30
$6.30
$6.30
$3.50
$3.50
$3.50
$3.50
$3.50
$3.50
$3.50
H&W Pension
$0.40
$0.40
$0.40
$0.40
$0.40
$0.40
$0.40
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
$1.99
$1.99
$1.99
$1.99
$1.99
$1.99
$1.99
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$34.14
$32.98
$30.67
$28.36
$26.05
$23.74
$35.29
Total
PWR
$45.11
$43.38
$39.91
$36.45
$32.98
$29.51
$46.84
Overtime
Rate
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285256CED007408D0?opendocument[7/19/2013 3:37:04 PM]
Details :
):
ADAMS, ATHENS, BROWN, BUTLER, CLARK,
CLERMONT, CLINTON, DARKE, DELAWARE,
GREENE, HAMILTON, HIGHLAND, HOCKING,
MUSKINGUM, PERRY, PICKAWAY, PREBLE, ROSS,
SCIOTO, UNION, VINTON, WARREN
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852571A2005AE7C1?opendocument[7/25/2013 8:21:57 AM]
Details :
PLASTERER IMPROVERS:
Is a person who has skills between an Apprentice and a Journeyman can be signed in as an Improver. An Improver
receives 85% of the current wage and pension. All other benefits are same as Journeyman. The Improver has the
opportunity to advance to Journeyman level by:
(1) Working through a trial period of no more than 2,000 hrs.
(2) Attending all safety and upgrading classes held or required.
):
ASHLAND, COSHOCTON, CRAWFORD, DELAWARE,
MORROW, MUSKINGUM, PERRY, PICKAWAY,
RICHLAND, ROSS, UNION, VINTON, WYANDOT
Ratio :
$17.24
$2.84
$0.16
$0.16
$0.16
$0.00
(*)
(*)
Irrevocable
Fund
Ratio :
90.00
4-5 yrs
$14.37
$2.84
$2.84
$2.84
$0.16
Vac.
75.00
3-4 yrs
$11.50
$9.58
$7.66
$2.84
App
Tr.
BHR
50.00
60.00
1-2 yrs
2-3 yrs
40.00
Percent
Apprentice
0-1 year
$19.16
Painter
Sign
Classification
H&W Pension
Irrevocable
Fund
Craft : Plasterer Effective Date : 07/24/2013 Last Posted : 07/24/2013
Craft : Painter Effective Date : 06/01/2005 Last Posted : 03/20/2003
BHR
Name of Union: Plasterer Local 132 (Columbus)
Name of Union: Painter Local 639 (Columbus Area) Sign
Change # : CN01-2003Loc639BCols
Skilled Crafts
Skilled Crafts
PW Rate Skilled CN01-2003Loc639BCols Page
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852571A2005AE7C1?opendocument[7/25/2013 8:21:57 AM]
Working on swing stage, slip scaffold or window jack scaffold shall receive the following rates:
$.50 above the regular rate for heights up to fifty (50) feet above grade level
$1.00 above the regular rate for heights over fifty (50) feet above grade level
Name of Union: Plumber Pipefitter Local 189
Skilled Crafts
65.00
80.00
3rd Year
4th Year
5th Year
$27.26
$22.15
$18.74
$15.34
$13.63
$7.69
$7.69
$7.69
$7.69
$7.69
$7.69
$7.69
$7.69
$5.30
$5.30
$5.30
$5.30
$0.00
$0.00
$7.19
$7.19
H&W Pension
$0.80
$0.80
$0.80
$0.80
$0.80
$0.80
$1.03
$1.03
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$4.38
$4.38
$0.00
$0.00
$0.00
$0.00
$4.38
$4.38
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$45.43
$40.32
$32.53
$29.13
$22.12
$20.42
$54.37
$54.37
Total
PWR
$59.07
$51.40
$41.91
$36.79
$28.94
$26.38
$71.41
$71.41
Overtime
Rate
):
DELAWARE, FAIRFIELD, FRANKLIN, HOCKING,
LICKING, MADISON, MARION, PERRY, PICKAWAY,
ROSS, UNION
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852579DB00480463?opendocument[7/19/2013 3:37:39 PM]
Employees-------Journeyman to Apprentice
per Job
1) 1-0
2) 1-1
3) 2-1
Ratio :
45.00
55.00
2nd Year
40.00
1st YearBefore June,
2013
$11.93
Percent
Apprentice
35.00
$34.08
Heating
Piping
Refrigeration,
Temperature
Control, Air
Conditioning
1st YearAfter June,
2013
$34.08
Plumber
Pipefitter
Classification
BHR
Craft : Plumber Pipefitter Effective Date : 06/19/2013 Last Posted : 06/19/2013
1) Employee 1-0
2) Employees 1-1
3) Employees 2-1
4) Employees 2-2
5)Employees 3-2
6) Employees 4-2
7) Employees 5-2
8) Employees 5-3
9) Employees 6-3
10)Employees 7-3
11)Employees 8-3
12)Employees 8-4
13)Employees 9-4
14)Employees 10-4
15)Employees 11-4
16) Employees 11-5
17) Employees 12-5
18) Employees 13-5
19) Employees 14-5
20)Employees 14-6
21)Employees 15-6
22)Employees 17-5
23)Employees 18-5
24)Employees 18-6
25)Employees 19-6
26)Employees 20-6
4) 2-2
5) 3-2
6) 4-2
7) 4-3
8) 5-3
9) 6-3
10) 6-4
11) 7-4
12) 8-4
13) 8-5
14) 9-5
15) 10-5
16) 10-6
17) 11-6
18) 12-6
19) 12-7
20) 13-7
21) 14-7
22) 14-8
23) 15-8
24) 16-8
25) 16-9
Heating Piping refrigeration,Temperature Control,Air
Conditioning Ratio
(1) Additional Apprentice to (3) Journeymen thereafter
Employees Journeyman to Apprentice
per Job
Details :
28)Employees 22-6
29)Employees 22-7
30) Employees 23-7
31)Employees 23-7
32) Employees 25-7
33)Employees 26-7
34)Employees 26-8
Total
PWR
Overtime
Rate
Name of Union: Sheet Metal Local 24 Columbus
Name of Union: Roofer Local 86
65.00
75.00
85.00
3rd YEAR
4th YEAR
$20.51
$18.10
$15.68
$12.07
$5.30
$5.30
$5.30
$0.00
$5.30
$3.45
$2.45
$1.45
$0.25
$4.95
$0.21
$0.21
$0.21
$0.21
$0.21
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$29.47
$26.06
$22.64
$12.53
$34.59
$39.73
$35.11
$30.49
$18.56
$46.66
):
AUGLAIZE, CHAMPAIGN, DELAWARE, FAIRFIELD,
FAYETTE, FRANKLIN, HARDIN, HOCKING, KNOX,
LICKING, LOGAN, MADISON, MARION, MERCER,
MORROW, PERRY, PICKAWAY, ROSS, UNION,
WYANDOT
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285256FF0005731EC?opendocument[7/19/2013 3:37:52 PM]
Details :
1 Journeymen to 1 Apprentices
per job site
Ratio :
50.00
1st YEAR
Percent
Apprentice
2nd YEAR
$24.13
Roofer
Classification
H&W Pension
80.00
3rd Year
4th Year
$16.22
$21.63
$18.93
$7.74
$7.58
$7.46
$7.72
$7.60
$7.45
$6.57
$7.96
$9.13
$6.76
$5.79
$8.07
$7.05
$6.42
$1.38
$10.08
H&W Pension
$1.06
$1.06
$0.85
$0.99
$0.99
$0.78
$0.78
$0.99
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$1.88
$1.65
$1.41
$2.04
$1.79
$0.00
$0.00
$2.55
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$41.44
$35.98
$31.73
$40.45
$36.36
$30.87
$22.25
$48.62
Total
PWR
$52.26
$45.44
$39.85
$51.27
$45.82
$38.98
$29.01
$62.14
Overtime
Rate
):
ADAMS, ATHENS, DELAWARE, FAIRFIELD,
FAYETTE, FRANKLIN, GALLIA, GUERNSEY,
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B8007069328525760A0067CA2E?opendocument[7/19/2013 3:38:13 PM]
2-8 Journeymen to 2 Apprentices
Ratio :
Special Calculation Note : No special calculations for this skilled craft wage rate required at this time.
60.00
70.00
2nd Year
Percent
$18.93
$21.63
3rd year 70%
4th year 80%
Apprentice
entered
program
AFTER June
1, 2006 and
BEFORE June
1, 2009
$13.52
$16.22
1st year 50%
$27.04
2nd year 60%
APPRENTICE
entered
program
AFTER June
1, 2009
Sheet Metal
Worker
Classification
BHR
Craft : Sheet Metal Worker Effective Date : 06/01/2013 Last Posted : 05/29/2013
Craft : Roofer Effective Date : 04/21/2010 Last Posted : 04/21/2010
BHR
Change # : LCR01-2013fbLoc24Col
Irrevocable
Fund
Skilled Crafts
Skilled Crafts
PW Rate Skilled LCR01-2013fbLoc24Col Page
Change # : LCN01-2010jcLoc86
HOCKING, JACKSON, KNOX, LAWRENCE, LICKING,
MADISON, MARION, MEIGS, MORGAN, MORROW,
ROSS, SCIOTO, UNION, VINTON
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B8007069328525760A0067CA2E?opendocument[7/19/2013 3:38:13 PM]
Details :
21-23 Journeyman to 7 Apprentices
24-26 Journeyman to 8 Apprentices
and so on
PW Rate Skilled LCR01-2013fbLoc24Col Page
Name of Union: Sprinkler Fitter Local 669
Skilled Crafts
55.00
60.00
65.00
70.00
75.00
80.00
85.00
90.00
CLASS 3
CLASS 4
CLASS 5
CLASS 6
CLASS 7
CLASS 8
CLASS 9
CLASS 10
$29.27
$27.64
$26.02
$24.39
$22.76
$21.14
$19.51
$17.89
$16.26
$8.42
$8.42
$8.42
$8.42
$8.42
$8.42
$8.42
$8.42
$7.45
$7.45
$8.42
$8.42
$8.42
$8.42
$8.42
$8.42
$8.42
$8.42
$7.45
$7.45
$8.42
$5.50
$5.50
$5.50
$5.50
$5.50
$5.50
$5.50
$5.50
$0.00
$0.00
$5.50
$5.50
$5.50
$5.50
$5.50
$5.50
$5.50
$5.50
$0.00
$0.00
$5.50
H&W Pension
$0.45
$0.45
$0.45
$0.45
$0.45
$0.45
$0.45
$0.45
$0.45
$0.45
$0.45
$0.45
$0.45
$0.45
$0.45
$0.45
$0.45
$0.45
$0.45
$0.45
$0.45
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$0.50
$0.50
$0.50
$0.50
$0.50
$0.50
$0.25
$0.25
$0.00
$0.00
$4.72
$4.72
$4.72
$4.72
$4.72
$4.72
$0.25
$0.25
$0.25
$0.25
$4.72
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.50
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$44.14
$42.51
$40.89
$39.26
$37.63
$36.01
$34.13
$32.51
$24.16
$22.53
$48.36
$46.73
$45.11
$43.48
$41.85
$40.23
$34.13
$32.51
$24.41
$24.41
$52.11
Total
PWR
$58.77
$56.33
$53.89
$51.46
$49.02
$46.58
$43.89
$41.45
$32.29
$29.85
$63.00
$60.55
$58.12
$55.68
$53.23
$50.80
$43.89
$41.46
$32.54
$32.54
$68.37
Overtime
Rate
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852573300068D774?opendocument[8/23/2013 8:42:37 AM]
Special Calculation Note : Other $0.50 is for Industry Advancement. No special calculations for this skilled
craft wage rate are required at this time.
50.00
CLASS 2
$14.63
Percent
45.00
Apprentice
Indentured
on or after
April 2010
$27.64
$29.27
85%
90%
$24.39
$26.02
75%
80%
$21.14
$22.76
65%
70%
$17.89
$19.51
55%
60%
$16.26
$16.26
50%
$32.52
50%
Indentured
prior to
April 2010
Sprinkler
Fitter
Classification
BHR
Craft : Sprinkler Fitter Effective Date : 08/21/2013 Last Posted : 08/21/2013
):
CRAWFORD, DARKE, DEFIANCE, DELAWARE,
ERIE, FAIRFIELD, FAYETTE, FRANKLIN, FULTON,
GALLIA, GREENE, GUERNSEY, HAMILTON,
HANCOCK, HARDIN, HARRISON, HENRY,
HIGHLAND, HOCKING, HOLMES, HURON,
LICKING, LOGAN, LUCAS, MADISON, MAHONING,
WOOD, WYANDOT
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852573300068D774?opendocument[8/23/2013 8:42:37 AM]
Details :
Sprinkler Fitter work shall consist of the installation,dismantling,maintenance,repairs,adjustments,and corrections of all
fire protection and fire control systems including the unloading,handling by hand,power equipment and installation of
all piping or tubing,appurtenances and equipment pertaining thereto,including both overhead and underground water
mains,fire hydrants and hydrant mains,standpipes and hose connections to sprinkler systems used in connection with
sprinkler and alarm systems. Also all tanks and pumps connected thereto,also included shall be CO-2 and Cardox
Systems, Dry Chemical Systems,Foam Systems and all other fire protection systems.
Ratio :
Skilled Crafts
$22.78
90.00
95.00
100.00
13-18
months
19-24
months
25-30
months
$22.78
$21.64
$20.50
$19.36
$6.11
$6.11
$6.11
$6.11
$6.11
$6.81
$4.90
$4.90
$4.90
$4.90
$4.90
$5.70
H&W Pension
$0.50
$0.50
$0.50
$0.50
$0.50
$0.10
App
Tr.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac.
Irrevocable
Fund
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$34.29
$33.15
$32.01
$30.87
$29.73
$35.39
Total
PWR
$45.68
$43.97
$42.26
$40.55
$38.85
$46.78
Overtime
Rate
):
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285256E97006C517B?opendocument[7/19/2013 3:39:14 PM]
Ratio :
85.00
7-12
months
$18.22
Percent
80.00
First 6
months
Apprentice
Truck
Driver
CLASS 1 4
wheel
service,
dump, and
batch
trucks, Oil
Distributor
- Asphalt
DistributorTandems
Classification
BHR
Craft : Truck Driver Effective Date : 06/29/2011 Last Posted : 06/29/2011
Change # : CN1-2011jcBldgHevHwy
Name of Union: Truck Driver Bldg & HevHwy Class 1
Locals 20,40,92,92b,100,175,284,438,377,505,637,908,957
PW Rate Skilled CN1-2011jcBldgHevHwy Page
VINTON, WARREN, WASHINGTON, WAYNE,
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B80070693285256E97006C517B?opendocument[7/19/2013 3:39:14 PM]
Details :
** Asphalt - Oil spray bar man when operating from cab shall receive $0.20 cents per hour above their Basic Hourly
Rate.
per company/project
PW Rate Skilled CN1-2011jcBldgHevHwy Page
Skilled Crafts
100.00
25-30 months
$18.56
$23.20
$22.04
$20.88
$19.72
$6.81
$6.81
$6.81
$6.81
$6.81
$6.81
$5.70
$5.70
$5.70
$5.70
$5.70
$5.70
Irrevocable
Fund
$0.10 $0.00
$0.10 $0.00
$0.10 $0.00
$0.10 $0.00
$0.10 $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Vac. Annuity Other LECET MISC
(*)
(*)
$0.10 $0.00
H&W Pension App
Tr.
$35.81
$34.65
$33.49
$32.33
$31.17
$35.81
Total
PWR
$47.41
$45.67
$43.93
$42.19
$40.45
$47.41
Overtime
Rate
):
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852573140053CFF2?opendocument[7/19/2013 3:39:27 PM]
Ratio :
90.00
95.00
13-18 months
85.00
7-12 months
19-24 months
80.00
Percent
$23.20
First 6 months
Apprentice
Truck Driver CLASS 2
Tractor Trailer-Semi
Tractor Trucks-Pole
Trailers-Ready Mix
Trucks-Fuel TrucksAsphalt-Oil Spray bar
men- 5 Axle & Over Belly Dumps-End
Dumps-Articulated
Dump Trucks- Low
boys-Heavy duty
Equipment(irrespective
of load carried) when
used exclusively for
transportation-Truck
Mechanics (when
needed)
Classification
BHR
Craft : Truck Driver Effective Date : 06/29/2011 Last Posted : 06/29/2011
Change # : CN1-2011BldgHevHwy
Name of Union: Truck Driver Bldg & HevHwy Class 2
Locals 20,40,92,92b,100,175,284,438,377,505,637,908,957
PW Rate Skilled CN1-2011BldgHevHwy Page
VINTON, WARREN, WASHINGTON, WAYNE,
http://198.234.41.198/w3/Webwh.nsf/$docUniqIDAll/852565B800706932852573140053CFF2?opendocument[7/19/2013 3:39:27 PM]
Details :
** Asphalt - Oil spray bar man when operating from cab shall receive $0.20 cents per hour above their Basic Hourly
Rate.
per company/project
PW Rate Skilled CN1-2011BldgHevHwy Page
65.00
70.00
75.00
80.00
3rd Period
4th Period
5th Period
6th Period
$12.57
$18.28
$17.14
$16.00
$14.85
$13.71
$6.60
$6.60
$6.60
$6.60
$6.60
$6.60
$6.60
$6.60
$6.60
$0.55
$0.51
$0.48
$0.45
$0.41
$0.38
$0.38
$0.71
$0.69
H&W Pension
$0.70
$0.70
$0.70
$0.70
$0.70
$0.70
$0.70
$0.70
$0.70
App
Tr.
$0.35
$0.33
$0.31
$0.29
$0.26
$0.24
$0.24
$0.45
$0.44
Vac.
Irrevocable
Fund
$0.75
$0.75
$0.75
$0.75
$0.75
$0.75
$0.75
$0.75
$0.75
$0.42
$0.40
$0.34
$0.34
$0.32
$0.29
$0.29
$0.54
$0.53
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
(*)
(*)
$27.65
$26.43
$25.17
$23.98
$22.75
$21.53
$21.53
$33.35
$32.56
Total
PWR
$36.79
$35.00
$33.17
$31.41
$29.60
$27.81
$27.81
$45.15
$43.99
Overtime
Rate
):
Special Jurisdictional Note : In Knox County: the following townships:Butler, Clay, College, Harrison,
Hilliar, Jackson, Milford, Miller, Morgan, Pleasant
In Tuscarawas County: the following townships:Auburn,Bucks, Clay, Jefferson, Oxford, Perry, Rush, Salem,
Washington and York
1 Journeyman Installer to 1 Apprentice
Ratio :
Special Calculation Note : Other is for Holiday Pay. Vacation: Only applies to employees with one (1)
continuous year of service with a firm.
60.00
2nd Period
Percent
55.00
Apprentices
1st Period
$12.57
$23.60
$22.85
Cable Puller
Installer
Technician
A
Electrical
Installer
Technician
B
Classification
BHR
Craft : Voice Data Video Effective Date : 12/12/2012 Last Posted : 12/12/2012
Change # : LCR02-2012fbLoc1105VDV
Name of Union: Electrical Local 1105 Voice Data Video
Skilled Crafts
PW Rate Skilled LCR02-2012fbLoc1105VDV Page
All HVAC control work.
Fire Alarm work is excluded on all new construction sites or wherever the fire alarm system is installed in conduit
The installation of conduit and/ or raceways shall be installed by Inside Wireman . On sites where there is no Inside
Wireman employed, the Teledata Technician may install raceway, or conduit not greater than 10 ft.
The installation of computer systems in industrial applications such as assembly lines, robotics, computer controller
manufacturing systems.
The following work is excluded from the Teledata Technician work scope:
Holidays: Memorial Day - Fourth of July - Labor Day - Thanksgiving Day - Christmas Day New Years Day
Details :
An employee who is required to wear an electronic device after hours will receive an additional 1.00 per hour for all
hours worked.
PW Rate Skilled LCR02-2012fbLoc1105VDV Page
7.0 CONTRACTURAL ADMINISTRATIVE FORMS
BL SWIF
Notice of Commencement
Dated
Project:
(Buck11-04M)
Owner:
Contract:
Owner's Contract No.:
Engineer's Project No.
BL SWIF
Contractor:
Contractor's Address:
You are notified that the Contract Times under the above contract will commence to run on
.
or after that date, you are to start performing your obligations under the
Contract Documents. In accordance with the Agreement, the date of Completion is December 31, 2013.
(Contractor)
Received by:
Owner
Given by:
Authorized Signature
(Title)
Title
(Date)
Date
Copy to Engineer
Notice of Commencement
EJDCDC
7.1
1391441v1
BL SWIF
Work Change Directive No. _____
Date of Issuance:
Effective Date:
Project:
Owner:
Contract:
Date of Contract:
Contractor:
Engineer's Project No.:
You are directed to proceed promptly with the following change(s):
Item No.
Description
Attachments (list documents supporting change):
Purpose for Work Change Directive:
Authorization for Work described herein to proceed on the basis of Cost of the Work due to:
Nonagreement on pricing of proposed change.
Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time.
Estimated change in Contract Price and Contract Times:
Contract Price $
(increase/decrease)
Contract Time
(increase/decrease)
days
If the change involves an increase, the estimated amounts are not to be exceeded without further authorization.
Recommended for Approval by Engineer:
Date
Authorized for Owner by:
Date
Accepted for Contractor by:
Date
Approved by Funding Agency (if applicable):
Date:
Work Change Directive
EJDCDC
7.3
1391441v1
BL SWIF
Field Order No. _____
Date of Issuance:
Effective Date:
Owner:
Project:
Contract:
Date of Contract:
Contractor:
Attention:
You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.05A., for
minor changes in the Work without changes in Contract Price or Contract Times. If you consider that a change in Contract Price or
Contract Times is required, please notify the Engineer immediately and before proceeding with this Work.
Reference:
(Specification Section(s))
(Drawing(s) / Detail(s))
Description:
Attachments:
Engineer:
Receipt Acknowledged by (Contractor):
Date:
Copy to Owner
Field Order Form
7.5
1391441v1
BL SWIF
Change Order No. _____
Date of Issuance:
Effective Date:
Project:
Owner:
Contract:
Date of Contract:
Contractor:
The Contract Documents are modified as follows upon execution of this Change Order:
Description:
Attachments: (List documents supporting change):
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIMES:
Original Contract Price:
Original Contract Times:
 Working days
Substantial completion (days or date):
$
 Calendar days
Ready for final payment (days or date):
[Increase] [Decrease] from previously approved Change
Orders No.____________ to No.____________:
[Increase] [Decrease] from previously approved Change Orders
No.____________ to No.____________:
Substantial completion (days):
$
Ready for final payment (days):
Contract Price prior to this Change Order:
Contract Times prior to this Change Order:
$
[Increase] [Decrease] of this Change Order:
[Increase] [Decrease] of this Change Order:
$
Contract Price incorporating this Change Order:
Contract Times with all approved Change Orders:
$
RECOMMENDED:
ACCEPTED:
ACCEPTED:
By:
By:
By:
Engineer (Authorized Signature)
Date:
Approved by Funding Agency (if applicable):
Change Order
Owner (Authorized Signature)
Date:
Contractor (Authorized Signature)
Date:
Date:
7.7
1391441v1
BL SWIF
Change Order Instructions
A.
GENERAL INFORMATION
This document was developed to provide a uniform format for handling contract changes that affect Contract
Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into
a subsequent Change Order if they affect Price or Times.
Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The
practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes.
If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed.
For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times,
a Field Order should be used.
B.
COMPLETING THE CHANGE ORDER FORM
Engineer normally initiates the form, including a description of the changes involved and attachments based upon
documents and proposals submitted by Contractor, or requests from Owner, or both.
Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for
approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a
negotiated agreement for a previously performed change. After approval by one contracting party, all copies
should be sent to the other party for approval. Engineer should make distribution of executed copies after
approval by both parties.
If a change only applies to price or to times, cross out the part of the tabulation that does not apply.
Change Order
7.9
1391441v1
BL SWIF
CONTRACTOR'S PAYMENT APPLICATION CHECKLIST
THE CONTRACTOR MUST COMPLETE THIS CHECKLIST AND SUBMIT IT TO THE ENGINEER WITH ITS
PAYMENT APPLICATION AND ALL REQUIRED DOCUMENTATION. SEE SUBPARAGRAPH 14.02 OF THE
GENERAL CONDITIONS FOR THE PROJECT.
1.
Contractor's Name: ______________________________________________________________
2.
Name, title, and telephone and fax numbers of Contractor's representative to contact regarding the
Payment Application and required documentation:
3.
Name: _______________________________
Title: __________________________________
Office Telephone No.: (____) ____________
FAX No.: (____) ________________________
Payment Application Number and Date:
No. _________________________________
4.
Date: __________________________, 20___
The Contractor certifies that it has submitted the documentation listed below with its Payment Application.
If the Contractor cannot do so, the Contractor should explain why in Paragraph 5.
_____ .1
Six (6) copies of a properly completed and executed Application for Payment with a
properly completed and executed Schedule of Values attached to each;
_____ .2
Current list of the Contractor's subcontractors and suppliers showing their respective
contract sums, amount paid, and amount due;
_____ .3
Contractor's Affidavit of Payment of Debts and Claims;
_____ .4
Contractor's Affidavit of Release of Liens with lien releases in a format approved by the
Owner for all the Contractor's subcontractors and suppliers current through the date of
the Contractor's previous Applications for Payment;
_____ .5
Schedule of all materials and equipment stored on-site;
_____ .6
For materials and equipment stored off-site:
_____ A list of the materials and equipment consigned and stored off-site in
connection with the Project (which shall be clearly identified), giving the
place of storage, together with copies of invoices and reasons why the
materials and equipment cannot be delivered to the site;
_____ Certification that all items have been tagged for delivery to the Project
and that they will not be used for any other purpose;
_____ A letter from the Contractor's surety bonding company indicating
agreement to the arrangements and that payment to the Contractor shall
not relieve either party of its responsibility to complete the facility;
_____ Evidence of adequate insurance covering the material and equipment in
storage, which shall name the Owner as additional insured;
_____ Evidence that the Engineer has visited the Contractor's place of storage
and found that all the materials and equipment set forth in the payment
request and represented to be stored off-site are stored at the place of
storage (any costs incurred by the Engineer to inspect material and
equipment in off-site storage shall be paid by the Contractor); and
_____ Itemization of the materials and equipment and their cost, which were
approved on previous Pay Applications and which remain in off-site
storage.
Contractor’s Payment Application Checklist
1391441V2
7.11
_____ .7
5.
Other documentation/information required by the Engineer or Owner.
Reason why required documentation is not submitted:
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
__________________________________________________________
NOTE: The failure to submit required documentation, regardless of the reason, may result in nonpayment, partial payment, and/or late payment.
_________________________________________
Signature
_________________________________________
Printed Name
_________________________________________
Date
ENGINEER’S REVIEW
_____ Checklist and documentation complete.
_____ Checklist and documentation incomplete.
_________________________________________
Signature
_________________________________________
Printed Name
_________________________________________
Date
1391441v1
Contractor's Project No.:
Date:
$____________________________________________________
(Line 8 or other - attach explanation of other amount)
Page 3 of 3
_____________________________________________________ _____________________
Funding Agency (if applicable)
(Date)
_____________________________________________________ _____________________
(Owner)
(Date)
is approved by:
Approved by:
$____________________________________________________
(Line 8 or other - attach explanation of other amount)
Payment of:
is recommended by: _____________________________________________________ _____________________
(Engineer)
(Date)
Payment of:
(Column G on Progress Estimate + Line 5 above) ........................... $
9. BALANCE TO FINISH, PLUS RETAINAGE
8. AMOUNT DUE THIS APPLICATION .................................................... $
7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application) ........ $
6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5c) ............................... $
c. Total Retainage (Line 5a + Line 5b) .............................................. $
b. _____ % x $_________________ Stored Material ........................ $
a. _____ % x $_________________ Work Completed ...................... $
5. RETAINAGE:
(Column F on Progress Estimate) ..................................................... $
4. TOTAL COMPLETED AND STORED TO DATE
Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute.
By:
The undersigned Contractor certifies that: (1) all previous progress payments received
from Owner on account of Work done under the Contract have been applied on
account to discharge Contractor's legitimate obligations incurred in connection with
Work covered by prior Applications for Payment; (2) title of all Work, materials and
equipment incorporated in said Work or otherwise listed in or covered by this
Application for Payment will pass to Owner at time of payment free and clear of all
Liens, security interests and encumbrances (except such as are covered by a Bond
acceptable to Owner indemnifying Owner against any such Liens, security interest or
encumbrances); and (3) all Work covered by this Application for Payment is in
accordance with the Contract Documents and is not defective.
CONTRACTOR’S CERTIFICATION
CHANGE ORDERS
NET CHANGE BY
TOTALS
2. Net change by Change Orders ........................................................... $
3. CURRENT CONTRACT PRICE (Line 1 ± 2) ........................................ $
Number
Additions
1. ORIGINAL CONTRACT PRICE ............................................................ $
Change Order Summary
Via (Engineer)
Approved Change Orders
Deductions
Contract:
Project:
APPLICATION FOR PAYMENT
From (Contractor):
To (Owner):
Application Date:
Contractor’s Application For Payment No. ________
Application Period:
1391441v1
Item
Totals
Scheduled
Value
C
From Previous
Application (C + D)
D
This Period
Work Completed
Materials Presently
Stored (not in C or D)
E
Total Completed
and Stored to Date
(C + D + E)
F
%
(F)
B
Page 3 of 3
Balance to
Finish
(B - F)
G
Contractor’s Application
Specification
Section No.
Description
B
Application Date:
Application Period:
A
Application Number:
For (contract):
Progress Estimate
1391441v1
Item
Bid
Quantity
Unit
Price
B
Description
Totals
Bid
Value
Estimated
Quantity
Installed
Value
D
F
Materials
Total Completed
Presently Stored and Stored to
(not in C)
Date (D + E)
E
%
(F)
B
Page 3 of 3
Balance to
Finish
(B - F)
G
Contractor’s Application
Bid Item No.
C
Application Date:
Application Period:
A
Application Number:
For (contract):
Progress Estimate
1391441v1
Materials Description
C
D
Stored Previously
Date
Amount
(Month/Year)
($)
Totals
E
Stored this Month
Amount
($)
Subtotal
F
Incorporated in Work
Date
Amount
(Month/Year)
($)
Page 3 of 3
Materials Remaining
in Storage ($)
(D + E - F)
G
Contractor's Application
Invoice No.
B
Shop Drawing
Transmittal No.
Application Date:
Application Period:
A
Application Number:
For (contract):
Stored Material Summary
1391441v1
STATE OF OHIO
DEPARTMENT OF TAXATION
CONSTRUCTION CONTRACT EXEMPTION CERTIFICATE
Identification of Contract:
Contractee's (Owner's) name
Exact location of job/project
[insert]
Name of job/project as it
appears on contract documentation
[insert]
The undersigned hereby certifies that the tangible personal property purchased under this exemption certificate was
purchased for incorporation into:
XX
real property under a construction contract with the United States government, its agencies, the State of Ohio. or
an Ohio political subdivision.
real property which is owned, or will be accepted for ownership at the time of completion, by the United Stales
government, its agencies, the State of Ohio, or an Ohio political subdivision.
a house of public worship or religious education.
a building used exclusively for charitable purposes by a nonprofit organization operated exclusively for charitable
purposes as defined in section 5739.02(B)(12) of the Revised Code.
the original construction of a sports facility under section 307.696 of the Revised Code.
a hospital facility entitled to exemption under section 140.08 of the Revised Code.
The original of this certificate must be signed by the owner/contractee and/or government official and must be retained by
the prime contractor. Copies must be maintained by the owner/contractee and all subcontractors. When copies are issued
to suppliers when purchasing materials, each copy must be signed by the contractor or subcontractor making the purchase.
Prime Contractor
Owner/Contractee
Name
Name
Signed by
Signed by
Title
Title
Address
Address
City, State, Zip
City, State, Zip
Date
Date
Subcontractor
5192 Walnut Road SE
Political Subdivision
Name
Name
Signed by
Signed by
Title
Title
Address
Address
City, State, Zip
City, State, Zip
Date
Date
1391441v1
W-9
Form
(Rev. December 2011)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give Form to the
requester. Do not
send to the IRS.
Print or type
See Specific Instructions on page 2.
Name (as shown on your income tax return)
Business name/disregarded entity name, if different from above
Check appropriate box for federal tax classification:
Individual/sole proprietor
C Corporation
S Corporation
Partnership
Trust/estate
Exempt payee
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) a
Other (see instructions) a
Address (number, street, and apt. or suite no.)
Requester’s name and address (optional)
City, state, and ZIP code
List account number(s) here (optional)
Part I
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the “Name” line
to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Social security number
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
number to enter.
Employer identification number
–
–
–
Part II
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 4.
Sign
Here
Signature of
U.S. person a
Date a
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Purpose of Form
A person who is required to file an information return with the IRS must
obtain your correct taxpayer identification number (TIN) to report, for
example, income paid to you, real estate transactions, mortgage interest
you paid, acquisition or abandonment of secured property, cancellation
of debt, or contributions you made to an IRA.
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN to the person requesting it (the
requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are waiting for a
number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. If applicable, you are also certifying that as a U.S. person, your
allocable share of any partnership income from a U.S. trade or business
is not subject to the withholding tax on foreign partners’ share of
effectively connected income.
Note. If a requester gives you a form other than Form W-9 to request
your TIN, you must use the requester’s form if it is substantially similar
to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a withholding
tax on any foreign partners’ share of income from such business.
Further, in certain cases where a Form W-9 has not been received, a
partnership is required to presume that a partner is a foreign person,
and pay the withholding tax. Therefore, if you are a U.S. person that is a
partner in a partnership conducting a trade or business in the United
States, provide Form W-9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership income.
Cat. No. 10231X
Form W-9 (Rev. 12-2011)
Page 2
Form W-9 (Rev. 12-2011)
The person who gives Form W-9 to the partnership for purposes of
establishing its U.S. status and avoiding withholding on its allocable
share of net income from the partnership conducting a trade or business
in the United States is in the following cases:
• The U.S. owner of a disregarded entity and not the entity,
• The U.S. grantor or other owner of a grantor trust and not the trust,
and
• The U.S. trust (other than a grantor trust) and not the beneficiaries of
the trust.
Foreign person. If you are a foreign person, do not use Form W-9.
Instead, use the appropriate Form W-8 (see Publication 515,
Withholding of Tax on Nonresident Aliens and Foreign Entities).
Nonresident alien who becomes a resident alien. Generally, only a
nonresident alien individual may use the terms of a tax treaty to reduce
or eliminate U.S. tax on certain types of income. However, most tax
treaties contain a provision known as a “saving clause.” Exceptions
specified in the saving clause may permit an exemption from tax to
continue for certain types of income even after the payee has otherwise
become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception
contained in the saving clause of a tax treaty to claim an exemption
from U.S. tax on certain types of income, you must attach a statement
to Form W-9 that specifies the following five items:
1. The treaty country. Generally, this must be the same treaty under
which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the
saving clause and its exceptions.
4. The type and amount of income that qualifies for the exemption
from tax.
5. Sufficient facts to justify the exemption from tax under the terms of
the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an
exemption from tax for scholarship income received by a Chinese
student temporarily present in the United States. Under U.S. law, this
student will become a resident alien for tax purposes if his or her stay in
the United States exceeds 5 calendar years. However, paragraph 2 of
the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows
the provisions of Article 20 to continue to apply even after the Chinese
student becomes a resident alien of the United States. A Chinese
student who qualifies for this exception (under paragraph 2 of the first
protocol) and is relying on this exception to claim an exemption from tax
on his or her scholarship or fellowship income would attach to Form
W-9 a statement that includes the information described above to
support that exemption.
If you are a nonresident alien or a foreign entity not subject to backup
withholding, give the requester the appropriate completed Form W-8.
What is backup withholding? Persons making certain payments to you
must under certain conditions withhold and pay to the IRS a percentage
of such payments. This is called “backup withholding.” Payments that
may be subject to backup withholding include interest, tax-exempt
interest, dividends, broker and barter exchange transactions, rents,
royalties, nonemployee pay, and certain payments from fishing boat
operators. Real estate transactions are not subject to backup
withholding.
You will not be subject to backup withholding on payments you
receive if you give the requester your correct TIN, make the proper
certifications, and report all your taxable interest and dividends on your
tax return.
Payments you receive will be subject to backup
withholding if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the Part II
instructions on page 3 for details),
3. The IRS tells the requester that you furnished an incorrect TIN,
4. The IRS tells you that you are subject to backup withholding
because you did not report all your interest and dividends on your tax
return (for reportable interest and dividends only), or
5. You do not certify to the requester that you are not subject to
backup withholding under 4 above (for reportable interest and dividend
accounts opened after 1983 only).
Certain payees and payments are exempt from backup withholding.
See the instructions below and the separate Instructions for the
Requester of Form W-9.
Also see Special rules for partnerships on page 1.
Updating Your Information
You must provide updated information to any person to whom you
claimed to be an exempt payee if you are no longer an exempt payee
and anticipate receiving reportable payments in the future from this
person. For example, you may need to provide updated information if
you are a C corporation that elects to be an S corporation, or if you no
longer are tax exempt. In addition, you must furnish a new Form W-9 if
the name or TIN changes for the account, for example, if the grantor of a
grantor trust dies.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a
requester, you are subject to a penalty of $50 for each such failure
unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you
make a false statement with no reasonable basis that results in no
backup withholding, you are subject to a $500 penalty.
Criminal penalty for falsifying information. Willfully falsifying
certifications or affirmations may subject you to criminal penalties
including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of
federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions
Name
If you are an individual, you must generally enter the name shown on
your income tax return. However, if you have changed your last name,
for instance, due to marriage without informing the Social Security
Administration of the name change, enter your first name, the last name
shown on your social security card, and your new last name.
If the account is in joint names, list first, and then circle, the name of
the person or entity whose number you entered in Part I of the form.
Sole proprietor. Enter your individual name as shown on your income
tax return on the “Name” line. You may enter your business, trade, or
“doing business as (DBA)” name on the “Business name/disregarded
entity name” line.
Partnership, C Corporation, or S Corporation. Enter the entity's name
on the “Name” line and any business, trade, or “doing business as
(DBA) name” on the “Business name/disregarded entity name” line.
Disregarded entity. Enter the owner's name on the “Name” line. The
name of the entity entered on the “Name” line should never be a
disregarded entity. The name on the “Name” line must be the name
shown on the income tax return on which the income will be reported.
For example, if a foreign LLC that is treated as a disregarded entity for
U.S. federal tax purposes has a domestic owner, the domestic owner's
name is required to be provided on the “Name” line. If the direct owner
of the entity is also a disregarded entity, enter the first owner that is not
disregarded for federal tax purposes. Enter the disregarded entity's
name on the “Business name/disregarded entity name” line. If the owner
of the disregarded entity is a foreign person, you must complete an
appropriate Form W-8.
Note. Check the appropriate box for the federal tax classification of the
person whose name is entered on the “Name” line (Individual/sole
proprietor, Partnership, C Corporation, S Corporation, Trust/estate).
Limited Liability Company (LLC). If the person identified on the
“Name” line is an LLC, check the “Limited liability company” box only
and enter the appropriate code for the tax classification in the space
provided. If you are an LLC that is treated as a partnership for federal
tax purposes, enter “P” for partnership. If you are an LLC that has filed a
Form 8832 or a Form 2553 to be taxed as a corporation, enter “C” for
C corporation or “S” for S corporation. If you are an LLC that is
disregarded as an entity separate from its owner under Regulation
section 301.7701-3 (except for employment and excise tax), do not
check the LLC box unless the owner of the LLC (required to be
identified on the “Name” line) is another LLC that is not disregarded for
federal tax purposes. If the LLC is disregarded as an entity separate
from its owner, enter the appropriate tax classification of the owner
identified on the “Name” line.
Page 3
Form W-9 (Rev. 12-2011)
Other entities. Enter your business name as shown on required federal
tax documents on the “Name” line. This name should match the name
shown on the charter or other legal document creating the entity. You
may enter any business, trade, or DBA name on the “Business name/
disregarded entity name” line.
Exempt Payee
If you are exempt from backup withholding, enter your name as
described above and check the appropriate box for your status, then
check the “Exempt payee” box in the line following the “Business name/
disregarded entity name,” sign and date the form.
Generally, individuals (including sole proprietors) are not exempt from
backup withholding. Corporations are exempt from backup withholding
for certain payments, such as interest and dividends.
Note. If you are exempt from backup withholding, you should still
complete this form to avoid possible erroneous backup withholding.
The following payees are exempt from backup withholding:
1. An organization exempt from tax under section 501(a), any IRA, or a
custodial account under section 403(b)(7) if the account satisfies the
requirements of section 401(f)(2),
2. The United States or any of its agencies or instrumentalities,
3. A state, the District of Columbia, a possession of the United States,
or any of their political subdivisions or instrumentalities,
4. A foreign government or any of its political subdivisions, agencies,
or instrumentalities, or
5. An international organization or any of its agencies or
instrumentalities.
Other payees that may be exempt from backup withholding include:
6. A corporation,
7. A foreign central bank of issue,
8. A dealer in securities or commodities required to register in the
United States, the District of Columbia, or a possession of the United
States,
9. A futures commission merchant registered with the Commodity
Futures Trading Commission,
10. A real estate investment trust,
11. An entity registered at all times during the tax year under the
Investment Company Act of 1940,
12. A common trust fund operated by a bank under section 584(a),
13. A financial institution,
14. A middleman known in the investment community as a nominee or
custodian, or
15. A trust exempt from tax under section 664 or described in section
4947.
The following chart shows types of payments that may be exempt
from backup withholding. The chart applies to the exempt payees listed
above, 1 through 15.
IF the payment is for . . .
THEN the payment is exempt
for . . .
Interest and dividend payments
All exempt payees except
for 9
Broker transactions
Exempt payees 1 through 5 and 7
through 13. Also, C corporations.
Barter exchange transactions and
patronage dividends
Exempt payees 1 through 5
Payments over $600 required to be Generally, exempt payees
reported and direct sales over
1 through 7 2
1
$5,000
1
2
See Form 1099-MISC, Miscellaneous Income, and its instructions.
However, the following payments made to a corporation and reportable on Form
1099-MISC are not exempt from backup withholding: medical and health care
payments, attorneys' fees, gross proceeds paid to an attorney, and payments for
services paid by a federal executive agency.
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and
you do not have and are not eligible to get an SSN, your TIN is your IRS
individual taxpayer identification number (ITIN). Enter it in the social
security number box. If you do not have an ITIN, see How to get a TIN
below.
If you are a sole proprietor and you have an EIN, you may enter either
your SSN or EIN. However, the IRS prefers that you use your SSN.
If you are a single-member LLC that is disregarded as an entity
separate from its owner (see Limited Liability Company (LLC) on page 2),
enter the owner’s SSN (or EIN, if the owner has one). Do not enter the
disregarded entity’s EIN. If the LLC is classified as a corporation or
partnership, enter the entity’s EIN.
Note. See the chart on page 4 for further clarification of name and TIN
combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately.
To apply for an SSN, get Form SS-5, Application for a Social Security
Card, from your local Social Security Administration office or get this
form online at www.ssa.gov. You may also get this form by calling
1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer
Identification Number, to apply for an ITIN, or Form SS-4, Application for
Employer Identification Number, to apply for an EIN. You can apply for
an EIN online by accessing the IRS website at www.irs.gov/businesses
and clicking on Employer Identification Number (EIN) under Starting a
Business. You can get Forms W-7 and SS-4 from the IRS by visiting
IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676).
If you are asked to complete Form W-9 but do not have a TIN, write
“Applied For” in the space for the TIN, sign and date the form, and give
it to the requester. For interest and dividend payments, and certain
payments made with respect to readily tradable instruments, generally
you will have 60 days to get a TIN and give it to the requester before you
are subject to backup withholding on payments. The 60-day rule does
not apply to other types of payments. You will be subject to backup
withholding on all such payments until you provide your TIN to the
requester.
Note. Entering “Applied For” means that you have already applied for a
TIN or that you intend to apply for one soon.
Caution: A disregarded domestic entity that has a foreign owner must
use the appropriate Form W-8.
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or
resident alien, sign Form W-9. You may be requested to sign by the
withholding agent even if item 1, below, and items 4 and 5 on page 4
indicate otherwise.
For a joint account, only the person whose TIN is shown in Part I
should sign (when required). In the case of a disregarded entity, the
person identified on the “Name” line must sign. Exempt payees, see
Exempt Payee on page 3.
Signature requirements. Complete the certification as indicated in
items 1 through 3, below, and items 4 and 5 on page 4.
1. Interest, dividend, and barter exchange accounts opened
before 1984 and broker accounts considered active during 1983.
You must give your correct TIN, but you do not have to sign the
certification.
2. Interest, dividend, broker, and barter exchange accounts
opened after 1983 and broker accounts considered inactive during
1983. You must sign the certification or backup withholding will apply. If
you are subject to backup withholding and you are merely providing
your correct TIN to the requester, you must cross out item 2 in the
certification before signing the form.
3. Real estate transactions. You must sign the certification. You may
cross out item 2 of the certification.
Page 4
Form W-9 (Rev. 12-2011)
4. Other payments. You must give your correct TIN, but you do not
have to sign the certification unless you have been notified that you
have previously given an incorrect TIN. “Other payments” include
payments made in the course of the requester’s trade or business for
rents, royalties, goods (other than bills for merchandise), medical and
health care services (including payments to corporations), payments to
a nonemployee for services, payments to certain fishing boat crew
members and fishermen, and gross proceeds paid to attorneys
(including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of
secured property, cancellation of debt, qualified tuition program
payments (under section 529), IRA, Coverdell ESA, Archer MSA or
HSA contributions or distributions, and pension distributions. You
must give your correct TIN, but you do not have to sign the certification.
What Name and Number To Give the Requester
For this type of account:
Give name and SSN of:
1. Individual
2. Two or more individuals (joint
account)
The individual
The actual owner of the account or,
if combined funds, the first
1
individual on the account
3. Custodian account of a minor
(Uniform Gift to Minors Act)
The minor
4. a. The usual revocable savings
trust (grantor is also trustee)
b. So-called trust account that is
not a legal or valid trust under
state law
5. Sole proprietorship or disregarded
entity owned by an individual
6. Grantor trust filing under Optional
Form 1099 Filing Method 1 (see
Regulation section 1.671-4(b)(2)(i)(A))
For this type of account:
The grantor-trustee
7. Disregarded entity not owned by an
individual
8. A valid trust, estate, or pension trust
The owner
2
The actual owner
The owner
The grantor*
Give name and EIN of:
Legal entity
4
The corporation
13. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
14. Grantor trust filing under the Form
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulation section 1.671-4(b)(2)(i)(B))
The public entity
2
3
1
3
9. Corporation or LLC electing
corporate status on Form 8832 or
Form 2553
10. Association, club, religious,
charitable, educational, or other
tax-exempt organization
11. Partnership or multi-member LLC
12. A broker or registered nominee
1
1
The organization
The partnership
The broker or nominee
Note. If no name is circled when more than one name is listed, the
number will be considered to be that of the first name listed.
Secure Your Tax Records from Identity Theft
Identity theft occurs when someone uses your personal information
such as your name, social security number (SSN), or other identifying
information, without your permission, to commit fraud or other crimes.
An identity thief may use your SSN to get a job or may file a tax return
using your SSN to receive a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.
If your tax records are affected by identity theft and you receive a
notice from the IRS, respond right away to the name and phone number
printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you
think you are at risk due to a lost or stolen purse or wallet, questionable
credit card activity or credit report, contact the IRS Identity Theft Hotline
at 1-800-908-4490 or submit Form 14039.
For more information, see Publication 4535, Identity Theft Prevention
and Victim Assistance.
Victims of identity theft who are experiencing economic harm or a
system problem, or are seeking help in resolving tax problems that have
not been resolved through normal channels, may be eligible for
Taxpayer Advocate Service (TAS) assistance. You can reach TAS by
calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD
1-800-829-4059.
Protect yourself from suspicious emails or phishing schemes.
Phishing is the creation and use of email and websites designed to
mimic legitimate business emails and websites. The most common act
is sending an email to a user falsely claiming to be an established
legitimate enterprise in an attempt to scam the user into surrendering
private information that will be used for identity theft.
The IRS does not initiate contacts with taxpayers via emails. Also, the
IRS does not request personal detailed information through email or ask
taxpayers for the PIN numbers, passwords, or similar secret access
information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS,
forward this message to phishing@irs.gov. You may also report misuse
of the IRS name, logo, or other IRS property to the Treasury Inspector
General for Tax Administration at 1-800-366-4484. You can forward
suspicious emails to the Federal Trade Commission at: spam@uce.gov
or contact them at www.ftc.gov/idtheft or 1-877-IDTHEFT
(1-877-438-4338).
Visit IRS.gov to learn more about identity theft and how to reduce
your risk.
The trust
List first and circle the name of the person whose number you furnish. If only one person on a
joint account has an SSN, that person’s number must be furnished.
Circle the minor’s name and furnish the minor’s SSN.
You must show your individual name and you may also enter your business or “DBA” name on
the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you
have one), but the IRS encourages you to use your SSN.
4
List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the
personal representative or trustee unless the legal entity itself is not designated in the account
title.) Also see Special rules for partnerships on page 1.
*Note. Grantor also must provide a Form W-9 to trustee of trust.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with
the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation
of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS,
reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District
of Columbia, and U.S. possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies
to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to
file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a
TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.
BL SWIF
Certificate of Substantial Completion
Project:
Owner:
Contract:
Date of Contract:
Contractor:
This [tentative] [definitive] Certificate of Substantial Completion applies to:
All Work under the Contract Documents:
The following specified portions:
Date of Substantial Completion
The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor and Engineer, and found to be
substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the
date of commencement of applicable warranties required by the Contract Documents, except as stated below.
A [tentative] [revised tentative] [definitive] list of items to be completed or corrected, is attached hereto. This list may not be all-inclusive, and the
failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract
Documents.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and
warranties shall be as provided in the Contract Documents except as amended as follows:
Amended Responsibilities
Not Amended
Owner's Amended Responsibilities:
Contractor's Amended Responsibilities:
The following documents are attached to and made part of this Certificate:
This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's
obligation to complete the Work in accordance with the Contract Documents.
Executed by Engineer
Date
Accepted by Contractor
Date
Accepted by Owner
Date
7.27
7.28
BL SWIF
CONTRACTOR’S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS
PROJECT: [insert name and address]
CONTRACT FOR: [insert]
TO OWNER:
CONTRACT DATES: [insert]
5192 Walnut Road SE
STATE OF ________
:
: SS
:
COUNTY OF _________
The undersigned hereby certifies that, except as listed below, payment has been made in full and all obligations
have otherwise been satisfied for all materials and equipment furnished, for all work, labor, and services
performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner
in connection with the performance of the Contract referenced above for which the Owner or Owner’s property
might in any way be held responsible or encumbered.
EXCEPTIONS:
SUPPORTING DOCUMENTS ATTACHED
HERETO:
CONTRACTOR: [insert name and address]
1. Consent of Surety to Final
Payment. Whenever Surety is
involved, Consent of Surety is required.
Indicate Attachment
Yes
No
The following supporting documents
should be attached hereto if required by the
Owner:
1.
Contractor’s Release or Waiver of
BY:
(Signature of authorized representative)
(Printed name and title)
Subscribed and sworn to before me on this date:
Liens, conditional upon receipt of
final payment.
Notary Public:
My Commission Expires:
2. Separate Releases or Waivers of
Liens from Subcontractors and material
and equipment suppliers, to the extent
required by the Owner, accompanied
by a list thereof.
3.
Contractor’s Affidavit of Release of
Liens.
Contractor’s Affidavit of Payment of Debts and Claims
1393312V1
7.29
1391441v1
7.30
BL SWIF
CONTRACTOR’S AFFIDAVIT OF RELEASE OF LIENS
PROJECT: [insert name and address]
CONTRACT FOR: [insert]
TO OWNER:
CONTRACT DATED: [insert]
5192 Walnut Road SE
STATE OF _______
COUNTY OF __________
:
: SS
:
The undersigned hereby certifies that to the best of the undersigned’s knowledge, information and belief, except
as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all
suppliers of materials and equipment, and all performers of Work, labor or services who have or may have liens
or encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any
manner out of the performance of the Contract referenced above.
EXCEPTIONS:
SUPPORTING DOCUMENTS ATTACHED
HERETO:
1.
CONTRACTOR: [insert name and address]
Contractor’s Release or Waiver of
Liens, conditional upon receipt of
BY:
(Signature of authorized representative)
final payment.
(Printed name and title)
2. Separate Releases or Waivers of
Liens from Subcontractors and material
and equipment suppliers, to the extent
required by the Owner, accompanied
by a list thereof.
Subscribed and sworn to before me on this date:
Notary Public:
My Commission Expires:
7.33
BL SWIF
1391441v1
7.34
BL SWIF
STATEMENT OF CLAIM FORM
Claim No. ___ for Contractor
1.
Name of Contractor: __________________________________________________________.
2.
Date written claim given: ________________.
3.
Contractor's representative to contact regarding the claim:
Name:________________________________ Title:_________________________
Telephone No. ____________________ (office) FAX No. ______________________
E-mail: ________________________________
4.
General description of claim:
__________________________________________________________________________________________
________________________________________________________________________________________
_________________________________________________________________________________________
5.
Contract Documents. If the claim is based upon any part or provision in the Contract Documents,
including but not limited to pages in the Drawings and/or paragraphs in the Specifications, Owner-Contractor
Agreement, General Conditions or Supplementary General Conditions, state upon which parts or provisions the
claim is based:
__________________________________________________________________________________________
__________________________________________________________________________________________
_______________________________________________________________________________________
6.
Delay claims:
6.1 Date delay commenced: ____________________
6.2 Duration or expected duration of the delay, if known: _________________________
6.3 Apparent cause of the delay and part of critical path affected:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
______________________________________________________________________________________
6.4 Expected impact of the delay and recommendations for minimizing such impact:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
______________________________________________________________________________________
7.
Additional compensation. Set forth in detail all additional compensation to which the Contractor believes
it is entitled with respect to this claim:
__________________________________________________________________________________________
__________________________________________________________________________________________
_______________________________________________________________________________________
8.
Truth of Claim. By submitting this claim, the Contractor and its representative certify that after
conscientious and thorough review and to the best of his or her knowledge and belief a) the information in this
State of Claim is accurate, b) the Contractor is entitled to recover the compensation in paragraph 7, and c) the
Contractor has not knowingly presented a false or fraudulent claim. The Contractor by its authorized
representative must acknowledge this Statement of Claim before a notary public.
CONTRACTOR:
By:
Name and Title:
Date: ___________________________
7.33
BL SWIF
1391441v1
7.34
BL SWIF
CONTRACTOR'S ACKNOWLEDGMENT
State of Ohio
County of _______________________, ss:
___________________________ first being sworn, states that after conscientious and thorough review
the statements made in attached Statement of Claim Form are true to the best of his or her knowledge and belief.
_________________________________________
Sworn to before me a notary public by _________________________ on _______ __, 20___.
________________________________________
Notary Public
WHEN COMPLETED, FORWARD A COPY OF THIS NOTICE AND STATEMENT OF CLAIM FORM TO THE
OWNER AND ENGINEER AS DESCRIBED IN THE INSTRUCTIONS FOR COMPLETING THE NOTICE AND
STATEMENT OF CLAIM FORM.
Statement of Claim Form
1391879V1
7.35
BL SWIF
1391441v1
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BL SWIF
INSTRUCTIONS FOR COMPLETING THE STATEMENT OF CLAIM FORM
1. Completing the Statement of Claim Form ("Claim Form") is a material term of the Contract. The Claim Form
tells the Owner and Engineer that the Contractor is making a Claim and that they need to act promptly to
mitigate the effects of the occurrence giving rise to the Claim. The Claim Form also provides them with
information so that they can mitigate such effects. The Contractor acknowledges that constructive knowledge
of the conditions giving rise to the Claim through job meetings, correspondence, site observations, etc. is
inadequate notice, because knowledge of these conditions does not tell the Owner and Engineer that the
Contractor will be making a Claim and most often is incomplete.
2. The Contractor must provide preliminary information in all blanks in the Claim Form, except for paragraph 7,
within the ten (10) day period required by the Contract Documents. After providing the preliminary
information, the Contractor must supplement the Claim Form with complete and detailed information within
thirty (30) days of submitting the Claim Form. If the space provided in the Claim Form is insufficient, the
Contractor, as necessary to provide complete and detailed information, must attach pages with the required
information to the Claim Form.
3. Paragraph 4. The Contractor must state what it wants, i.e., time and/or compensation, and the reason why it
is entitled to time and/or compensation.
4. Paragraph 5. The Contractor must identify the exact provisions of the Contract Documents it is relying on in
making its Claim. For example, if the Claim is for a change in the scope of the Contractor's Work, the
Contractor must identify the specific provisions of the Specifications, and the Plan sheets and details that
provide the basis for the scope change.
5. Paragraph 6. This paragraph applies to delay claims, including delays that the Contractor believes result in
constructive acceleration. The Contractor must identify the cause of the delay, party or parties responsible,
and what the party did or did not do that caused the delay, i.e., specific work activities. The Contractor
acknowledges that general statements are not sufficient, and do not provide the Owner with sufficient
information to exercise the remedies available to the Owner or to mitigate the effects of the delay.
For example, if the Contractor claims a slow response time on submittals caused a delay, the Contractor
must identify the specific submittals, all relevant dates, and then show on the applicable schedule, by circling
or highlighting, the activities immediately affected by the delays. Also for example, if the Contractor claims it
was delayed by another Contractor, the Contractor must identify the delaying Contractor, specifically what the
delaying Contractor did or did not do that caused the delay, and then show on the applicable schedule, by
circling or highlighting, the activities immediately affected by the delays. Further by example, if the Contractor
seeks an extension of time for unusually severe weather, the Contractor must submit comparative weather
data along with a record of the actual weather at the job site and job site conditions.
6. Paragraph 6.4. Time is of the essence under the Contract Documents. If there is a delay, it is important to
know what can be done to minimize the impact of the delay. It therefore is important that the Contractor
provide specific recommendations on how to do so.
7. Paragraph 7. The Contractor must provide a specific and detailed breakdown of the additional compensation
it seeks to recover. For future compensation, the Contractor shall provide its best estimate of such
compensation.
8. Paragraph 8 and Acknowledgment. In completing the Claim Form, the Contractor and its representative
certify that after conscientious and thorough review and to the best of its knowledge and belief (a) the
information in this Claim Form is accurate, (b) the Contractor is entitled to recover the compensation in
Paragraph 7, and (c) the Contractor has not knowingly presented a false or fraudulent claim. The Contractor
by its authorized representative must acknowledge this Statement of Claim before a notary public at the time
of the preliminary submission and also when making the supplemental submission.
End of Instructions
Statement of Claim Form
1391879V1
7.37
BL SWIF
1391441v1
7.38
8.0 STANDARD CONSTRUCTION DRAWINGS
"
2’-3"
NOTES
"
Grate
GENERAL: Catch Basins 2-2A and 2-2B are not intended for traffic
bearing applications.
2"
1
"
5"
CATCH BASINS 2-2AThis
&B: sheet depicts Catch Basin 2-2A. See
Sheet 2 of 2 for Catch Basin 2-2B.
Flowline
C
1"
C
C
Angle frame
"DUMP NO WASTE"
and "DRAINS TO WATERWAY"
8"
2’-0"
8"
Print text in bold, capital letters at least " high. "WATERWAY" may
be substituted with "STREAM", "RIVER", "LAKE", etc. Actual placement
and logo may vary per manufacturer.
REVISIONS
WALLS:
Construct brick or cast-in-place walls with a nominal 8"
thickness. Provide precast walls at least 6" thick with sufficient
reinforcing to permit shipping and handling without damage. Do not
use brick above the flow line of the side opening for Type 2-2A.
1-18-13
Matt
PRECAST BASE:
If a precast base is used, set it deep enough so that
the top can be placed on the base to provide the grate elevation
specified in the plans. Do not use brick layers to adjust the top
elevation.
LOCATION AND ELEVATION:
When given on the plans, location is
the top center of the grate and the elevation is the flow line of
the side inlet.
MINIMUM DEPTH:
The minimum depth of CB No. 2-2A is the outside
diameter (O.D.) of the outlet pipe plus 7".
Permissible
const. joint
A
Bottom slab may be precast separately
and the outlet pipe placed on top of
it with the bottom shaped to drain.
OPENINGS:
Obtain the Engineer’s approval for any pipe openings
greater than 4" from the outside of the pipe to the structure. Fill
any voids per CMS 611
SECTION B-B
SECTION A-A
2-2A SIDE INLETS:
Provide inlets on both sides of the No. 2-2A catch
basin in sags and on upstream side only where the ditch has a
continuous down grade past the catch basin. Do not use CB 2-2A
within the Clear Zone. The flow line should be 4" to 6" below normal
ditch returning to normal 10’ to 15’ each side of the inlet.
2’-3"
B
All grate edges to be
1
"
B
7-15-05
7-20-12
6"
Permissible
const. joint
7-19-02
CONCRETE:
Use 4000 psi compressive strength for cast-in-place concrete.
Meet the requirements of CMS 706.13 for all precast concrete and mark
with the catch basin number.
Flowline
B
7-20-01
Cozzoli
8"
rounded " radii.
2
"
2
1" (Typ.)
8"
8"
8"
"
" min.
2’-0"
1
2-2A
N o’s
" min.
(Typ.)
B
1" (Typ.)
PLAN
SECTION C-C
CATCH BASIN No. 2-2A
SECTION THRU ANGLE FRAME
FOR STANDARD No. 2-2A CATCH BASIN
C B -1.1
B
SCD NUMBER
8"
1
"
2"
1
"
8"
8"
1
"(
Typ.)
27"
Grate
2"
B A S IN S
2"
2’
-3
CONSTRUCTION INFORMATION
Minimum weight of grate, 120 lbs.
Minimum weight of frame, 40 lbs.
CA TCH
A
"
A
STANDARD HYDRAULIC CONSTRUCTION DRAWING
A
2’
-0"
A
1
"
&
B
8"
8"
"
PAYMENT:
All materials and labor, including excavation and backfilling,
are paid for under
Item 611 - Catch Basin, No. 2-2A.
H Y D R A U LIC
2’-0"
Variable depth 6’ max.
8"
Cast the following text into the top of the grate:
E N G IN E E R IN G
C
GRATE AND FRAME:
Furnish a design essentially the same and equally as
strong as the one shown (see Construction Information table), or meet
the requirements of CMS 711.14. Provide grate openings and dimensions
as shown here unless otherwise shown in the plans.
2"
ROADWAY
HYDRAULIC
ENGINEER
Angle
frame
OF
1
"
2"
"
1"
Grate
STATE HYDRAULIC ENGINEER
1"
O FFIC E
2’-3"
STATE OF OHIO DEPARTMENT OF TRANSPORTATION
A
B
1
2
B
"
1
"
Grate
2"
NOTES
Flowline
CATCH BASINS 2-2A This
& B: sheet depicts Catch Basin 2-2B.
Sheet 1 of 2 for Catch Basin 2-2A.
1
"
GRATE:
Furnish a design essentially the same and equally as strong
as the one shown (see Construction Information table), or meet the
requirements of CMS 711.14. Provide grate openings and dimensions
as shown here unless otherwise shown in the plans.
1"
8"
2’-0"
8"
2"
C
8"
C
2’-0"
If necessary, bicycle safe grates will be specified in the plans.
Furnish Neenah No. R-4859-C or East Jordan No. 5110 Type M3 bicycle
safe grates or approved equals.
8"
Cast the following text into the top of the grate:
"DRAINS TO WATERWAY"
"DUMP
and
NO WASTE"
REVISIONS
Print text in bold, capital letters at least " high. "WATERWAY" may
7-20-01
be substituted with "STREAM", "RIVER", "LAKE", etc. Actual placement
and logo may vary per manufacturer.
7-19-02
WALLS:
Construct brick or cast-in-place walls with a nominal 8"
thickness. Provide precast walls at least 6" thick with sufficient
reinforcing to permit shipping and handling without damage.
CONCRETE:
Use 4000 psi compressive strength for cast-in-place concrete.
Meet the requirements of CMS 706.13 for all precast concrete and mark
with the catch basin number.
Flowline
7-15-05
7-20-12
1-18-13
Matt
C
Variable depth 6’ max.
C
See
Cozzoli
Grate
2’-3"
"
1"
1"
"
ROADWAY
HYDRAULIC
ENGINEER
2’-3"
2"
"
A
PRECAST BASE:
If a precast base is used, set it deep enough so that
6"
the top can be placed on the base to provide the grate elevation
specified in the plans. Do not use brick layers to adjust the top
elevation.
LOCATION AND ELEVATION:
When given on the plans, location and
elevation are at the top center of the grate. When side openings are
provided, the elevation is at the flow line of the side inlet.
Permissible
const. joint
A
it with the bottom shaped to drain
MINIMUM DEPTH:
The minimum depth of CB No. 2-2B is the outside
diameter (O.D.) of the outlet pipe plus 4".
SECTION B-B
2-2B GRATE ELEVATION:
Place grate elevation 4" to 6" below normal
ditch and return to normal 10’ to 15’ each side of inlet.
B
Obtain the Engineer’s approval for any pipe openings greater
OPENINGS:
than 4" from the outside of the pipe to the structure. Fill all voids
per CMS 611
B
1
"
All grate edges to be
rounded " radii
O FFIC E
2’-3"
2
2"
CATCH BASIN
1
"
8"
8"
Grate
2"
8"
8"
8"
B
12" to 21"
2-2B
12" to 21"
2-2A
N o’s
B
SECTION C-C
PLAN
C B -1.1
2’-0"
SCD NUMBER
8"
OUTLET PIPE SIZE
2-2A
B A S IN S
2
"
2"
2’
-3
CONSTRUCTION INFORMATION
Minimum weight of grate, 120 lbs.
CA TCH
"
A
A
A
2’
-0"
A
1
"
&
B
8"
8"
"
PAYMENT:
All materials and labor, including excavation and backfilling,
are paid for under
Item 611 - Catch Basin, No. 2-2B.
H Y D R A U LIC
SECTION A-A
E N G IN E E R IN G
Permissible
const. joint
Bottom slab may be precast separately
and the outlet pipe placed on top or
OF
B
CATCH BASIN No. 2-2B
2
2
1
4"
PAYMENT:
Erosion control pads and animal guards
are included in the unit price bid for
10"x10" #4 U-Bar,
Item 611 - __ Inch Conduit, Type __ .
CMS 611 Conduit
(4" or 6")
Epoxy Coated
32"
Mortar the void
TOP VIEW
Straight Bar,
PAYMENT:
The precast reinforced concrete outlet and
wire mesh are paid at the contract unit price bid for
Item 611 - Precast Reinforced Concrete Outlet.
Epoxy Coated
24"
Tied Concrete Block Mat, Type 1 is paid at the
contract unit price bid Item
for
601 - Tied Concrete
Block Mat, Type 1.
9"
48
"
5"
2"
SIDE VIEW
Tied Concrete Block Mat, Type 1.
Make top flush with surface
of the slope.
FRONT VIEW
OF
4"
#4 U-Bar
Epoxy Coated
1
6"
2"
"
8
4
7-20-12
1-18-13
O FFIC E
PRECAST REINFORCED CONCRETE OUTLET
2"
" dia. bolt or rod in
" dia. holes in pipe.
A
Rod
1"‘
CMS 611
Conduit
1’-6"
Brick
6"
2’-0"
" min.
PLAN
PROFILE
EROSION CONTROL PAD AND
ANIMAL GUARD FOR OUTLET PIPE
SECTION A-A
CONDUIT SIZE
4"
6"
8"
10"
12"
15"
18"
No. of Bolts
2
3
5
6
7
9
11
O U T LE T S , D R A IN S
Alternates
" min.
9" grouted riprap or
6" 4000 psi compressive strength concrete
D M -1.1
1" c/c
A ND
Brick
Pipe
SCD NUMBER
2’
-0"
Pipe
A
SEW ERS
Erosion control pad
H Y D R A U LIC
" Typ.
6"
PRECAST REINFORCED CONCRETE OUTLET:
Provide a
concrete outlet that meets CMS 611 requirements.
as per CMS 611
28" #4
REVISIONS
7-19-02
7-18-03
1-21-05
10-21-05
4-21-06
1-21-11
E N G IN E E R IN G
6"
4"
" Typ.
Furnish galvanized steel bolts or rods for the animal
guard per CMS 711.02. Instead of drilling or punching
the " diameter holes into the pipe, a metal collar
meeting all of the above requirements may be
clamped onto the pipe if approved by the Engineer.
8"
8"
Matt
4"
2"
Cozzoli
EROSION CONTROL PAD AND ANIMAL GUARDS:
Provide
these items at the outlet end of all farm drains
except where they outlet into a drainage structure.
3x3 Mesh
16 gage steel hot
galvanized wire cloth
CONSTRUCTION METHODS
ROADWAY
HYDRAULIC
ENGINEER
1
2" Typ.
" Typ.
NOTES
1
3
SPRING DRAIN:
Aggregates, tarred paper, tarred burlap,
or geotextile fabric backfill and necessary excavation
for spring drains are included for payment in the unit
price bid per Foot Item
for
605, Aggregate Drains for
Springs.
3’ min.
Precast reinforced
Pay length
concrete outlet
4" min.
NOTES
REVISIONS
Pipe Underdrain
PAYMENT:
The precast reinforced concrete outlet and
wire mesh is paid at the contract unit price bid for
Item 611 - Precast Reinforced Concrete Outlet.
4" min.
Tied Concrete Block
Mat, Type 1, 48"x48"
Tied Concrete Block Mat, Type 1 is paid at the contract
unit price bid Item
for
601 - Tied Concrete Block Mat,
PLAN
Matt
3’
PRECAST REINFORCED CONCRETE OUTLET:
Provide a
concrete outlet that meets CMS 611 requirements.
7-19-02
7-18-03
1-21-05
10-21-05
4-21-06
1-21-11
7-20-12
1-18-13
Cozzoli
PAYMENT:
The pipe is included in the unit price bid per
Foot for
Item 605 - 6" Unclassified Pipe Underdrains
for Springs.
A
ROADWAY
HYDRAULIC
ENGINEER
A
Type 1.
Item 605, 6" Unclassified Pipe
Underdrains for Springs
Tied Concrete Block
Mat, Type 1, 48"x48"
SECTION A-A
SCD NUMBER
SPRING DRAIN DETAIL
2
H Y D R A U LIC
E N G IN E E R IN G
SEW ERS
A ND
O FFIC E
6"
18"
2’
-6"
No. 57
or No. 467
Aggregate
6"
Precast reinforced
concrete outlet
CMS 61
1
.06
per CMS 605.03.C
Backfill as per
No. 8 Aggregate
Granular filter as
e
d
a
ed Gr
h
s
i
n
i
F
D M -1.1
OF
Tarred paper, tarred burlap or Type B
Geotextile Fabric per CMS 712.09.
3
MASONRY COLLARS:
Provide a masonry collar where plans
require that a pipe extension be joined to the end of an
existing pipe with a butt joint. The cost is included in
the unit price bid for the new conduit.
RIPRAP CUTOFF WALL:
6"
4000 psi compressive
strength concrete collar
CMS 611.06
REVISIONS
7-19-02
7-18-03
1-21-05
10-21-05
4-21-06
1-21-11
7-20-12
1-18-13
125% of O.D., min.
MASONRY COLLAR
Matt
4
D.
.
I
O.D.
O.
D.
ROADWAY
HYDRAULIC
ENGINEER
4" min.
2:
1
5’-0"
Channel Invert
Pay Item for cutoff wall includes any additional
concrete required to support cutoff wall.
6" Reinforced
concrete slab
Undisturbed soil
As per CMS 601.04.D, reinforce the slab
approximately midway between the top and
bottom of the slab, with steel bars or
fabricated reinforcement equivalent to
#3 round bars, at 24" o.c. in two directions,
or wire fabric according
SCD
to
BP-1.1.
RIPRAP CUTOFF WALL
SCD NUMBER
H Y D R A U LIC
9"
3
D M -1.1
6" extension located 6" below pipe
opening for precast headwalls.
Cutoff
wall
2’
-6" minimum
Pipe Invert
9"
6" below pipe invert
CONCRETE CRADLE
SEW ERS
Plain or reinforced 4000 psi compressive
strength concrete cradle
A ND
6" in rock
OF
18" max.
O FFIC E
4
I.D.
6" min.
E N G IN E E R IN G
4" min.
Cozzoli
Backfill as per
min.
The cost of the cutoff wall is included in the unit price
bid for Item 601 Riprap Using 6" Reinforced Concrete Slab.
NOTES
12" min.
3
Finished
Ground
Conduit
TRENCH DIMENSIONS
MATERIAL
SW
WIDTH (W)
Long Span
2’
Span+2(2)
Concrete
0.165 X Span
1.33 X Span
Metal & Plastic
0.5 + 0.125 X Span
1.25 X Span + 1
Conduit
2X Span
2X Span
Side Width
(SW) Typ.
Original
Ground
EXCAVATION METHODS
Side Width (SW) Typ.
Span
Span
REVISIONS
Use Embankment per SS 811.
Conduit Span is the horizontal distance from outside
Minimum Constructed Embankment
wall to outside wall or outside corrugation measured
at the widest point of the conduit.
Conduit Rise is the vertical distance from outside
Matt
METHOD B-FILL
Cozzoli
Use Structural Backfill Type 1, 2, or 3 per CMS 811.
METHOD A-CUT
OTHERWISE NOTED.
This drawing is intended for use in conjuction with SS 811 only.
at the middle of the conduit.
BEDDING TYPES
Trench Width (W)
O FFIC E
All dimensions are in feet unless specified.
H Y D R A U LIC
OF
wall to outside wall or outside corrugation measured
Trench Width (W)
E N G IN E E R IN G
NOTES
Depth
ROADWAY
HYDRAULIC
ENGINEER
Trench Width (W)
0.5X Span
+ Depth
( IN BRACKETS [] ) ARE
Original
Ground
ALL METRIC DIMENSIONS
Trench Width (W)
IN MILLIMETERS UNLESS
7-19-02
1-21-05
4-21-06
7-15-11
1-18-13
Trench Width as
Conduit
Use Type 4 Bedding for
Type E & F Conduits
0.30 X Rise (Min.)
Depth = 3’’ Min. for All 706 Conduits
6’’ Min. for All Other Conduits
6’’ Min.
1/3 W
TYPE 1 BEDDING
1/3 W
1/3 W
TYPE 2 BEDDING
1/3 W
1/3 W
1/3 W
C O N D U IT
Type A, B, C & D Conduits
Except for Long Span and
Conduits Requiring Type 3
Bedding.
*706.05 or 706.051
and 706.052 on Slab
Bottoms
Rise
TYPE 3 & 4 BEDDING
Structural
The Middle 1/3 W Under the
Scarify and Loosen the Middle
Conduit Shall Be Uncompacted
1/3 W Under the Conduit for
Type 3 Bedding
D M -1.4
Backfill
SCD NUMBER
Conduit*
706.01, 706.02, or 706.03
Type C & D Conduits
Conduit
IN S T A LLA T IO N
Detailed in Plans
1
2
Trench Width (W)
Original
Ground
Lesser of
1 X Span or
4’ (Typ.)
Conduit
Trench Width (W)
Conduit
Conduit
4’ Min. *
2’ Min. *
6’’ Min.
Trench Width (W)
BACKFILL CONDITIONS
Embankment
REVISIONS
Original
Ground
Original
Ground
* Fill to Subgrade
Elevation if Less
Than Min.
2’ Min.
2’ Min.
2’ Min.
** PLASTIC CONDUIT, TYPE C & D -FILL
LONG SPAN-CUT
LONG SPAN-FILL
Depth
0.5 X Span (Typ.)
+ Depth
7-19-02
1-21-05
4-21-06
7-15-11
1-18-13
Matt
Span
Cozzoli
Fill to Top
of Conduit
Span
ROADWAY
HYDRAULIC
ENGINEER
Span
Conduit
Original
Ground
H Y D R A U LIC
Original
Ground
Trench Width (W)
E N G IN E E R IN G
Lesser of
1 X Span or
4’ (Typ.)
O FFIC E
OF
** For All Other Type C & D Conduits
Place & Compact Backfill on Top
of Bedding.
Conduit
2’ Min.
Conduit
4’ Min. *
0.5 X Span (Typ.)
+ Depth
** PLASTIC CONDUIT, TYPE C-CUT
Depth
CONDUIT, TYPE A & B-FILL
- Construction Embankment
- Structural Backfill
NOTES
Backfill Conduits per
SS 811.
2
IN S T A LLA T IO N
CONDUIT TYPE A & B-CUT
Original
Ground
C O N D U IT
Span
D M -1.4
Span
SCD NUMBER
Span
6’’ Min.
2
A
6’ min.
width for Rock
width for Rock
Point "A"
Point "A"
2"x4"
Stiffener
(Typ)
2"x4"
Stiffener
(Typ)
Point
"B"
Points "A" should be
higher than Point "B"
DITCH CHECKS
6’ min.
A
Aggregate
REVISIONS
Aggregate
12-01-08
A
A
4-17-09
7-20-12
CROSS-SECTIONAL VIEW OF FLAT BOTTOM DITCH
CROSS-SECTIONAL VIEW OF "V" DITCH
Furnish filter fabric ditch checks consisting of the following materials:
1.
Filter Fabric
Fence (Typ)
Matt
Cozzoli
MATERIALS:
ROADWAY
HYDRAULIC
ENGINEER
NOTES
FILTER FABRIC DITCH CHECKS:
30" wide filter fabric with sound wood supports with maximum on-center spacing of 10’. Use filter
fabric conforming to 712.09, Type C.
A vertically driven 2"x4" stiffener stake in the center of the ditch.
3. Aggregate conforming to one of the following gradations: No. 1 through No. 4 on Table 703.01-1.
OF
CONSTRUCTION:
9"
PROFILE VIEW OF FLAT BOTTOM AND V DITCH
O FFIC E
Trench the filter fabric fence as detailed for PERIMETER FILTER FABRIC FENCE (see Sheet 2). Place a vertical
2"x4" stiffener stake in the center of the ditch with the top level to the top of the fence and at least 6"
below the bottom of the ditch. Excavate for aggregate and place the aggregate on the downstream side of
the ditch check.
2’
If the Engineer determines that rock should not be used for the filter fabric ditch checks, replace aggregate
with straw bales configured with minimal gaps between bales. Tightly place each bale adjacent to one another.
Entrench 2" to 3" into the ground prior to staking. Firmly stake each bale with at least two stakes.
H Y D R A U LIC
When using straw bales, furnish 30" long 2"x2" wooden stakes, reinforcing bars or fence posts to stake straw
bales in place.
Flow
E N G IN E E R IN G
1
2"
30"
2.
C O NTRO L
PAYMENT:
SECTION A-A
The Department will pay for accepted quantities at the prices shown in Appendix F of Supplemental Specification
832 (SS832) for the following items:
NOTES
ROCK CHECKS:
2’
MATERIALS:
Furnish material conforming to Item 601 - Rock Channel Protection, Type C or D, Without Filter.
CONSTRUCTION:
If the Engineer determines that rock should not be used for the rock checks, replace rock channel
protection with straw bales configured with minimal gaps between bales. Tightly place each bale adjacent
to one another. Entrench 2" to 3" into the ground prior to staking. Firmly stake each bale with at least
two stakes.
E R O S IO N
min.
6"
width for Rock
C O N S T R U C T IO N
All items shown on this Standard Construction Drawing that are required for construction that are not
specifically identified in SS832 Appendix F are considered incidental.
6’ min.
- Filter Fabric Ditch Check
PAYMENT:
- Rock Channel Protection, Type C or D, Without Filter
CROSS-SECTIONAL VIEW
ROCK CHECK
All items shown on this Standard Construction Drawing that are required for construction that are not
specifically identified in SS832 Appendix F are considered incidental.
D M -4.4
The Department will pay for accepted quantities at the prices shown in Appendix F of Supplemental Specification
832 (SS832) for the following items:
SCD NUMBER
Minimum dimensions: 2’ high x 6’ wide x 3’ long
1
2
Direction
of flow
Direction
of flow
Direction
of flow
6"
6"
PERIMETER FILTER FABRIC FENCE
6"
REVISIONS
4-29-02
Excavate a 6"x6" trench
along the proposed fence line.
Place fabric and support stakes
and extend fabric into the trench.
Backfill and compact the excavated soil.
STEP 1
STEP 2
STEP 3
7-19-02
12-01-08
4-17-09
Matt
NOTES
MATERIALS:
Cozzoli
ROADWAY
HYDRAULIC
ENGINEER
7-20-12
Furnish 30" wide filter fabric with sound wood supports with
maximum on-center spacing of 10’. Use filter fabric conforming to
712.09, Type C.
CONSTRUCTION:
Trench the filter fabric fence as detailed. The contractor may elect
to trench the fence detailed on steps 1 through 3 in one plowing
operation.
NOTES
Filter Fabric over
2"x4" Frame
2"x4" Frame
1
2"
(
TYP)
Furnish inlet protection consisting of 18" wide filter fabric fence with a securely nailed 2"x4"
wood frame with a vertically driven 2"x4" on the inlet, or flow, side of the structure. Use
filter fabric conforming to 712.09, Type C.
CONSTRUCTION:
Construct an 18" wide filter fabric fence supported around a storm drain inlet or catch
basin with a securely nailed 2"x4" wood frame. Excavate a 6" trench around the inlet, and
drive support posts 6" below the excavated trench bottom. Stretch the fabric around the
frame. Secure it tightly, ensuring that 6" of fabric is in the trench. Overlap the fabric on
one side of the inlet so that the fabric ends are not attached to the same post. Backfill
and compact the excavated soil tightly onto the fabric. Place a vertical 2"x4" in the
center of the inlet so that the top is at the top of the fence and the bottom is at least
6" below the bottom of the ditch.
PAYMENT:
Inlet side
2"x4"
H Y D R A U LIC
The Department will pay for accepted quantities at the prices shown in Appendix F of
Supplemental Specification 832 (SS832) for the following items:
INLET PROTECTION
All items shown on this Standard Construction Drawing that are required for construction
that are not specifically identified in SS832 Appendix F are considered incidental.
2
D M -4.4
- Inlet Protection
SCD NUMBER
6"
(
TYP)
Di
r
ecti
on
of fl
ow
6" (
TYP)
MATERIALS:
INLET PROTECTION
C O NTRO L
All items shown on this Standard Construction Drawing that are
required for construction that are not specifically identified in SS832
Appendix F are considered incidental.
E R O S IO N
- Perimeter Filter Fabric Fence
C O N S T R U C T IO N
O FFIC E
OF
The Department will pay for accepted quantities at the prices shown
in Appendix F of Supplemental Specification 832 (SS832) for the
following items:
E N G IN E E R IN G
PAYMENT:
2

SWIF Bid Documents - The Village of Buckeye Lake

Transcription

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