Installation of Traffic Signals at Steger Road and U.S. Highway 231/431

MADISON COUNTY COMMISSION Finance Department 100 Northside Square Room 700 Huntsville, AL 35801 INVITATION TO BID Bid Date Bid Number Bid Title Bid Opening Date and Time 4/26/2021 2021-32 Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 5/19/2021 2:00 PM Please submit a sealed price quotation of the items listed herein. (Faxed bids will not be accepted.) The submissions will be addressed to Madison County Purchasing; 100 Northside Square,7th Floor; Huntsville, AL 35801 until the date and time shown above, and publicly opened on date specified above. The Madison County Commission reserves the right to award this bid on an all-or-none or item by item basis, to refuse all bids, and to waive technicalities. Technical questions should be directed to Alex Wynboom at awynboom@madisoncountyal.gov Procurement questions should be directed to Chrissy Watson at

href="mailto:cwatson@madisoncountyal.gov">cwatson@madisoncountyal.gov Vendor Name must show on envelope along with the bid number and opening date. Each numbered bid must be in a separate envelope. mailto:awynboom@madisoncountyal.gov mailto:cwatson@madisoncountyal.gov All documents submitted to Madison County will be subject to Alabama's Open Records Laws (Code of Alabama, Title 36-12-40 and 41, as last amended). Due to the provisions of the Open Records Laws and the Competitive Bid Laws, the Madison County Commission cannot assure any Bidder that any information submitted with the bid, even though marked "Proprietary" will not be open to public inspection and copying. Terms of payment _____________________ I hereby affirm that I have not been in any agreement or collusion among vendors or prospective vendors in restraint of freedom of competition, by agreement to bid at a fixed price or to refrain from bidding, or otherwise. COMPANY NAME: _____________________________________ THIS BID MUST BE NOTARIZED. SIGNATURE: __________________________________________ PRINT NAME: _________________________________________ STREET ADDRESS: ____________________________________ CITY: _________________STATE: ______ ZIP CODE: _________ PHONE #: ____________________ FAX #: ___________________ EMAIL ADDRESS: _____________________________________ FEDERAL ID#: _________________________________________ Subscribed and sworn to before Me this______________ day of __________________20_____. Christina Watson Purchasing Madison County Commission Awarding Authority DATE: 4/26/2021 Madison County, Alabama Bid Package/Contract Documents Including: Scope of Work, Instructions to Bidders, General Conditions, Special Conditions, Technical Specifications, Bid Forms, Sample Contract Documents, and Construction Drawings Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 Table of Contents i SECTION PAGE 1 SCOPE OF WORK .................................................................................................................................. 1-1 1.1 SUMMARY. .............................................................................................................................................. 1-1 2 INSTRUCTIONS TO BIDDERS ........................................................................................................... 2-1 BID DOCUMENTS. ................................................................................................................................ 2-1 GENERAL CONTRACTOR’S STATE LICENSING REQUIREMENTS. .................................... 2-1 PREFERENCE TO RESIDENT CONTRACTORS. .......................................................................... 2-1 EXAMINATION OF BID DOCUMENTS AND THE SITE OF THE WORK. ............................ 2-1 PRE-BID CONFERENCE ...................................................................................................................... 2-2 EXPLANATIONS AND INTERPRETATIONS. ............................................................................... 2-2 SUBSTITUTIONS. .................................................................................................................................. 2-2 PREPARATION AND DELIVERY OF BIDS. ................................................................................... 2-3 WITHDRAWAL OR REVISION OF BIDS. ....................................................................................... 2-4 OPENING OF BIDS. ............................................................................................................................... 2-5 INCOMPLETE AND IRREGULAR BIDS. ......................................................................................... 2-5 BID ERRORS. .......................................................................................................................................... 2-5 DISQUALIFICATION OF BIDDERS. ................................................................................................. 2-6 CONSIDERATION OF BIDS. ............................................................................................................... 2-6 UNIT PRICES .......................................................................................................................................... 2-7 AWARD OF CONTRACT. .................................................................................................................... 2-7 POWER OF ATTORNEY. ..................................................................................................................... 2-8 3 GENERAL CONDITIONS ...................................................................................................................... 3-1 DEFINITIONS. ........................................................................................................................................ 3-1 INTENT AND INTERPRETATION OF THE CONTRACT DOCUMENTS. ............................. 3-2 CONTRACTOR’S REPRESENTATIONS. ......................................................................................... 3-4 DOCUMENTS FURNISHED TO CONTRACTOR. .......................................................................... 3-4 OWNERSHIP OF DRAWINGS. .......................................................................................................... 3-4 SUPERVISION, SUPERINTENDENT AND EMPLOYEES. ......................................................... 3-4 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR. 3-5 SURVEYS BY CONTRACTOR. ............................................................................................................ 3-6 SUBMITTALS. ......................................................................................................................................... 3-6 DOCUMENTS AND SAMPLES AT THE SITE. ............................................................................... 3-8 “AS-BUILT” DOCUMENTS. ................................................................................................................ 3-9 PROGRESS SCHEDULE. ...................................................................................................................... 3-9 EQUIPMENT, MATERIALS AND SUBSTITUTIONS. ................................................................ 3-10 SAFETY AND PROTECTION OF PERSONS AND PROPERTY. ............................................. 3-11 Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 Table of Contents ii HAZARDOUS MATERIALS. .............................................................................................................. 3-12 INSPECTION OF THE WORK. ......................................................................................................... 3-12 CORRECTION OF DEFECTIVE WORK. ........................................................................................ 3-15 DEDUCTIONS FOR UNCORRECTED WORK. ............................................................................. 3-15 CHANGES IN THE WORK. ................................................................................................................ 3-15 CLAIMS FOR EXTRA COST OR EXTRA WORK. ........................................................................ 3-18 DIFFERING SITE CONDITIONS. .................................................................................................... 3-19 CLAIMS FOR DAMAGES. .................................................................................................................. 3-19 DELAYS. ................................................................................................................................................. 3-19 RESOLUTION OF CLAIMS AND DISPUTES. .............................................................................. 3-20 OWNER’S RIGHT TO CORRECT DEFECTIVE WORK. ............................................................ 3-21 OWNER’S RIGHT TO STOP OR SUSPEND THE WORK. ........................................................ 3-21 OWNER’S RIGHT TO TERMINATE CONTRACT. ..................................................................... 3-21 CONTACTOR’S RIGHT TO SUSPEND OR TERMINATE THE CONTRACT. ...................... 3-25 PROGRESS PAYMENTS. ................................................................................................................... 3-25 CERTIFICATION AND APPROVALS FOR PAYMENT. ............................................................ 3-27 PAYMENTS WITHHELD. .................................................................................................................. 3-28 SUBSTANTIAL COMPLETION. ....................................................................................................... 3-29 OCCUPANCY OR USE PRIOR TO COMPLETION. ..................................................................... 3-30 FINAL PAYMENT. ............................................................................................................................... 3-31 CONTRACTOR’S WARRANTY. ....................................................................................................... 3-32 INDEMNIFICATION AGREEMENT. .............................................................................................. 3-33 CONTRACTOR’S AND SUBCONTRACTORS’ INSURANCE. ................................................... 3-34 PERFORMANCE AND PAYMENT BONDS. ................................................................................. 3-38 ASSIGNMENT. ...................................................................................................................................... 3-39 CONSTRUCTION BY OWNER OR SEPARATE CONTRACTORS. ......................................... 3-39 SUBCONTRACTS. ................................................................................................................................ 3-40 PERMITS, LAWS AND REGULATIONS. ....................................................................................... 3-41 ROYALTIES, PATENTS AND COPYRIGHTS. .............................................................................. 3-42 USE OF THE SITE. ............................................................................................................................... 3-42 CUTTING AND PATCHING. ............................................................................................................. 3-42 IN-PROGRESS AND FINAL CLEANUP. ........................................................................................ 3-42 LIQUIDATED DAMAGES. ................................................................................................................. 3-43 USE OF FOREIGN MATERIALS. ..................................................................................................... 3-43 4 SPECIAL CONDITIONS ........................................................................................................................ 4-1 PERIOD OF PERFORMANCE AND SUBSTANTIAL COMPLETION. ..................................... 4-1 EMERGENCY CONTACT INFORMATION. .................................................................................... 4-1 Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 Table of Contents iii OWNER’S REPRESENTATIVE. ......................................................................................................... 4-1 PRECONSTRUCTION VIDEO. ........................................................................................................... 4-1 CONTRACTOR RESPONSIBLE FOR LOCATING UTILITIES. .................................................. 4-1 DAMAGE TO PROPERTY. ................................................................................................................... 4-2 NO STAGING AREA AVAILABLE. .................................................................................................... 4-2 BLASTING. ............................................................................................................................................... 4-2 DESIGNATION OF INSPECTORS. .................................................................................................... 4-2 TESTING................................................................................................................................................... 4-2 HOURS OF CONSTRUCTION. ............................................................................................................ 4-2 SOURCE OF PROJECT FUNDING. .................................................................................................... 4-2 CUTTING AND PATCHING. ............................................................................................................... 4-2 TRAFFIC CONTROL. ............................................................................................................................ 4-2 EROSION AND SEDIMENTATION CONTROL. ............................................................................ 4-3 CONFORMANCE TO ALDOT STANDARD SPECIFICATIONS. ................................................ 4-3 CONFORMANCE TO ALDOT STANDARD DETAILS. ................................................................ 4-3 REBUILD ALABAMA ACT. ................................................................................................................. 4-3 5 TECHNICAL SPECIFICATIONS .......................................................................................................... 5-1 ALDOT TECHNICAL SPECIFICATION SECTIONS. .................................................................... 5-1 CONTROLLER CABINET ASSEMBLY. ............................................................................................ 5-1 6 APPENDICES ............................................................................................................................................ 6-i BID FORM ................................................................................................................................................ 6-1 BID BOND ................................................................................................................................................ 6-3 VERIFIED STATEMENT REGARDING UNAUTHORIZED ALIENS ....................................... 6-4 SWORN AFFIDAVIT OF EMPLOYER REGARDING UNAUTHORIZED ALIENS ............... 6-5 SWORN AFFIDAVIT OF SUBCONTRACTOR REGARDING UNAUTHORIZED ALIENS . 6-6 CONSTRUCTION CONTRACT ........................................................................................................... 6-7 PERFORMANCE BOND ....................................................................................................................... 6-9 PAYMENT BOND ................................................................................................................................ 6-12 CONSTRUCTION PLANS .................................................................................................................. 6-14 Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 Scope of Work 1-1 1 SCOPE OF WORK 1.1 SUMMARY. This project consists of installing a new traffic signal at the intersection of Steger Road and U.S. Highway 231/431 as shown on the Construction Plans in Section 6.9 and includes installation of: • Four (4) metal traffic signal strain poles with luminaire extensions and foundations. • One (1) wooden pole with power disconnect. • All vehicular signal heads (12-inch, Type LED) with backplates and required hardware. • Controller cabinet assembly (see Section 5.2). • Loop wire, loop detector lead-in-cable, vehicle loop detectors, traffic signal junction boxes, and conduit as shown on the plans. • All cables and other required electrical connections and components necessary for a complete and functioning traffic signal. • All signage including advanced warning signs with utility powered flashing beacons. • Traffic control devices including construction signs and channelizing drums and erosion control devices, as necessary. No materials will be furnished by Madison County. All work shown on the Construction Plans associated with the proposed turn lanes, including extending the culvert, grading, fill, pavement, striping and pavement legends, pavement markers, and relocating the driveway will be performed by Madison County forces. The Contractor is responsible for providing all labor, equipment, materials, and services needed to complete the work in compliance with the specifications and Construction Plans. All work shall be performed to ALDOT Standard Specifications for Highway Construction, 2018 Edition and shall comply with ALDOT Permits obtained by Madison County. Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 Instructions to Bidders 2-1 2 INSTRUCTIONS TO BIDDERS BID DOCUMENTS. The Bid Documents consist of the Advertisement for Bids, these Instructions to Bidders, any modifications of or supplements to these Instructions to Bidders, the Bid Form, and the proposed Contract Documents. The Contract Documents consist of the Construction Contract, the Performance Bond and Payment Bond, the Conditions of the Contract (General, Special, and other Conditions), the Plans, the Technical Specifications, and all addenda issued prior to execution of the Construction Contract. Bid Documents may be obtained or examined as set forth in the Advertisement for Bids. The Alabama Department of Transportation (ALDOT) Standard Specifications for Highway Construction, latest edition, serve as the Technical Specifications referenced in this document. GENERAL CONTRACTOR’S STATE LICENSING REQUIREMENTS. All contractors performing work for Madison County must comply with all applicable licensing and qualification requirements including, but not limited, to Code of Alabama 34-8-1 through 34-8-28 (1975). Generally, when the amount bid for a contract exceeds $50,000, the bidder must be licensed by the State Licensing Board for General Contractors and must provide Madison County evidence of license before bidding or the bid will not be received by or considered by Madison County, Alabama. A bid exceeding the bid limit stipulated in the bidder’s license, or which is for work outside of the type or types of work stipulated in the bidder’s license, will not be considered. In case of a joint venture of two or more contractors, the amount of the bid shall be within the maximum bid limitation as set by the State Licensing Board for General Contractors of the combined limitations of the partners to the joint venture. PREFERENCE TO RESIDENT CONTRACTORS. In awarding the Contract in accordance with Code of Alabama, Section 39-3-5 1975, as amended, preference will be given to Alabama resident contractors and a nonresident bidder domiciled in a state having laws granting preference to local contractors shall be awarded the Contract only on the same basis as the nonresident bidder’s state awards contracts to Alabama contractors bidding under similar circumstances. A nonresident bidder is a contractor which is neither organized and existing under the laws of the State of Alabama, nor maintains its principal place of business in the State of Alabama. A nonresident contractor which has maintained a permanent office within the State of Alabama for at least five continuous years shall not thereafter be deemed to be a non-resident contractor so long as the contractor continues to maintain a branch office within Alabama. EXAMINATION OF BID DOCUMENTS AND THE SITE OF THE WORK. Before submitting a bid for the Work, the bidders shall carefully examine the Bid Documents, visit the site, and satisfy themselves as to the nature and location of the Work, and the general and local conditions, including weather, the general character of the site, the character and extent of existing work within or adjacent to the site, and any other work being performed thereon at the time of submission of their bids. They shall obtain full knowledge as to transportation, disposal, handling, and storage of materials, and availability of water, electric power, and all Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 Instructions to Bidders 2-2 other facilities in the area which will have a bearing on the performance of the Work for which they submit their bids. The submission of a bid shall constitute a representation by the bidder that the bidder has made such examination and visit and has judged for and satisfied himself or herself as to conditions to be encountered regarding the character, difficulties, quality, and quantities of work to be performed and the material and equipment to be furnished, and as to the contract requirements involved. PRE-BID CONFERENCE. A Pre-Bid Conference will not be conducted by Madison County. EXPLANATIONS AND INTERPRETATIONS. Should any bidder observe any ambiguity, discrepancy, omission, or error in the drawings and specifications, or in any other bid document, or be in doubt as to the intention and meaning of these documents, the bidder should immediately report such, in writing, to Ms. Alex Wynboom, Madison County Engineering Department, 266-C Shields Road, Huntsville, Alabama 35811, or via email to awynboom@madisoncountyal.gov. Clarifications will be made only by written Addenda sent to all prospective bidders. Madison County will not be responsible in any manner for verbal answers or instructions regarding intent or meaning of the Bid Documents. No clarifications will be made within 48 hours of the bid opening. In the case of inconsistency in the specifications, a bidder will be deemed to have included in its bid the better quality or greater quantity of the work involved unless the bidder asked for and obtained the Owner’s written clarification of the requirements before submission of a bid. SUBSTITUTIONS. The identification of any product, material, system, item of equipment, or service in the Bid Documents by reference to a trade name, manufacturer’s name, model number, etc. (hereinafter referred to as “source”), is intended to establish a required standard of performance, design, and quality and is not intended to limit competition unless the provisions of paragraph (d) below apply. When the Bid Documents identify only one or two sources, or three or more sources followed by “or approved equal” or similar wording, the bidder’s proposal may be based on a source not identified but considered by the bidder to be equal to the standard of performance, design, and quality as specified; however, such substitutions must ultimately be approved by the Owner. If the bidder elects to bid on a substitution without “Pre-bid Approval” as described below, then it will be understood that proof of compliance with specified requirements is the exclusive responsibility of the bidder. When the Bid Documents identify three or more sources and the list of sources is not followed by “or approved equal” or similar wording, the bidder’s proposal shall be based upon one of the identified sources, unless the bidder obtains “Pre-bid Approval” of another source as described below. Under these conditions it will be expressly understood that no product, material, system, item of equipment, or service that is not identified in the Bid Documents or granted “Pre-Bid Approval” will be incorporated into mailto:awynboom@madisoncountyal.gov Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 Instructions to Bidders 2-3 the Work unless such substitution is authorized and agreed upon through a Contract Change Order. If the Bid Documents identify only one source and expressly provide that it is an approved sole source for the product, material, system, item of equipment, or service, the bidder’s proposal must be based upon the identified sole source. Procedures for “Pre-bid Approval”. If it is desired that a product, material, system, piece of equipment, or service from a source different from those sources identified in the Bid Documents be approved as an acceptable source, application for the approval of such source must be delivered to the person or department identified in Section 2.6 at least ten days prior to the date set for the opening of bids. At Madison County’s discretion, this ten-day provision may be waived. The application for approval of a proposed source must be accompanied by technical data which the applicant desires to submit in support of the application. Madison County will consider reports from reputable independent testing laboratories, verified experience records showing the reputation of the proposed source with previous users, evidence of reputation of the source for prompt delivery, evidence of reputation of the source for efficiency in servicing its products, or any other pertinent written information. The application to Madison County for approval of a proposed source must be accompanied by a schedule setting forth in which respects the materials or equipment submitted for consideration differ from the materials or equipment designated in the Bid Documents. The burden of proof of the merit of the proposed substitution is upon the proposer. To be approved, a proposed source must also meet or exceed all express requirements of the Bid Documents. Approval, if granted, shall not be effective until published by Madison County in an addendum to the Bid Documents. PREPARATION AND DELIVERY OF BIDS. Bid Form. (i) Bids must be submitted on the Bid Form as contained in the Bid Documents; only one copy is required to be submitted. (ii) All information requested of the bidder on the Bid Form must be filled in. The form must be completed by typewriter or hand-printed in ink. (iii) Where indicated by the format of the Bid Form, the bidder must specify lump sum prices in both words and figures. In case of discrepancy between the prices shown in words and in figures, the words will govern. (iv) All bid items requested in the Bid Form, including alternate bid prices and unit prices for separate items of the Work, must be bid. If a gross sum of bid items is requested in the Bid Form, the gross sum shall be provided by the bidder. (v) The estimated quantities on the Bid Form are for use of Madison County only. Madison County makes no warranty representation or guarantee of the actual quantities. (vi) In the space provided in the Invitation for Bids Form under “Bidder’s Alabama General Contractors License”, the bidder must insert his or her current general contractor’s state license number, current bid limit, and type(s) of work for which bidder is licensed. (vii) The Bid Form shall be properly signed by the bidder. If the bidder is: Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 Instructions to Bidders 2-4 An Individual, that individual or his or her “Authorized Representative” must sign the Bid Form; A Partnership, the Bid Form must be signed by one of the partners or an “authorized representative” of the Partnership; A Corporation, the president, vice-president, secretary, or “authorized representative” of the corporation shall sign and affix the corporate seal to the Bid Form. As used in these Instructions to Bidders, “Authorized Representative” is defined as a person to whom the bidder has granted written authority to conduct business in the bidder’s behalf by signing and/or modifying the bid. Such written authority shall be signed by the bidder (the individual proprietor, or a member of the Partnership, or an officer of the Corporation) and shall be attached to the Bid Form. (viii) Interlineations, alterations or erasures on the Bid Form must be initialed by the bidder or its “authorized representative”. Bid Guaranty. The Bid Form must be accompanied by a cashier’s check, drawn on an Alabama bank, or a Bid Bond, executed by a surety company duly authorized and qualified to make such bonds in the State of Alabama, payable to Madison County. If a Bid Bond is provided in lieu of a cashier’s check, the bond shall be on the Bid Bond form as stipulated in the Bid Documents. Refer to Appendix A for the Bid Bond form. The amount of the cashier’s check or Bid Bond shall not be less than five percent (5%) of the Contractor’s bid but is not required to be in an amount more than Ten Thousand Dollars ($10,000). Other Required Documents. (i) Proof of General Contractor’s License (ii) Completed Verified Statement Regarding Unauthorized Aliens (iii) Sworn Affidavit of Employer Regarding Unauthorized Aliens (iv) Sworn Affidavit of Subcontractor Regarding Unauthorized Aliens Delivery of Bids. Bids will be received until the time set, and at the location designated, in the Invitation for Bids unless notice is given of change or postponement. Any bid not received prior to the time set for opening bids will be rejected absent extenuating circumstances and such bids shall be rejected in all cases where received after other bids are opened. Each bid shall be placed, together with the bid guaranty, in a sealed envelope. On the outside of the envelope the bidder shall write in large letters “Proposal”, below which the bidder shall identify the Project and the Work bid on, the name of the bidder, and the bidder’s current general contractor’s state license number. Bids may be delivered in person or by mail if ample time is allowed for delivery. When sent by mail, the sealed envelope containing the bid, marked as indicated above, shall be enclosed in another envelope for mailing. Bids, delivered in person, sent by US mail, or by delivery service, must be delivered to the Madison County Purchasing Department, 100 Northside Square, Huntsville, Alabama, 35801. WITHDRAWAL OR REVISION OF BIDS. A bid may be withdrawn prior to the time set for opening of bids, provided a written request, executed by the bidder or the bidder’s “authorized representative”, is filed with the Madison County Purchasing Department prior to that time. Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 Instructions to Bidders 2-5 The bid will then be returned to the bidder unopened. A bid which has been sealed in its delivery envelope may be revised by writing the change in price on the outside of the delivery envelope over the signature of the bidder or the bidder’s “authorized representative”. In revising the bid in this manner, the bidder must only write the amount of the change in price on the envelope and must not reveal the bid price. Written communications, signed by the bidder or its “authorized representative”, to revise bids will be accepted if received by the Owner prior to the time set for opening bids. The Owner will record the instructed revision upon opening the bid. Such written communication may be by facsimile if so stipulated in Supplemental Instructions to Bidders. In revising the bid in this manner, the bidder must only write the amount of the change in price and must not reveal the bid price. Except as provided in Section 2.12 of these Instructions to Bidders, no bid shall be withdrawn, modified, or corrected after the time set for opening bids. OPENING OF BIDS. Bids will be opened and read publicly at the time and place indicated in the Advertisement for Bids. Bidders or their authorized representatives are invited to be present. INCOMPLETE AND IRREGULAR BIDS. A bid that is not accompanied by data required by the Bid Documents, or a bid which is in any way incomplete, may be rejected. Any bid which contains any uninitiated alterations or erasures, or any bid which contains any additions, alternate bids, or conditions not called for, or any other irregularities of any kind, will be subject to rejection. Bids may also be rejected for any of (but not limited to) the following causes: Failure to utilize bid forms provided by Madison County. Lack of signature by an authorized representative on the Bid Form. Failure to properly complete the bid. Evidence of collusion among bidders. Unauthorized alteration of Bid Form. Failure to submit a bid bond. Failure to note the general contractor’s license number as required. BID ERRORS. Errors and Discrepancies in the Bid Form. In case of error in the extension of prices in bids, the unit price will govern. In case of discrepancy between the prices shown in the figures and in words, the words will govern. Mistakes within the Bid. If the low bidder discovers a mistake in its bid, the low bidder may seek withdrawal of its bid without forfeiture of its bid guaranty under the following conditions: (i) Timely Notice: The low bidder must notify Madison County, Alabama in writing, within three working days after the opening of bids, that a mistake was made. This notice must be given within this time frame whether or not award has been made. (ii) Substantial Mistake: The mistake must be of such significance as to render the bid price substantially out of proportion to the other bid prices. Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 Instructions to Bidders 2-6 (iii) Type of Mistake: The mistake must be due to calculation or clerical error, an inadvertent omission, or a typographical error which results in an erroneous sum. A mistake of law, judgment, or opinion shall not constitute a valid ground for withdrawal without forfeiture. (iv) Documentary Evidence: Clear and convincing documentary evidence of the mistake must be presented to Madison County, Alabama as soon as possible, but no later than three working days after the opening of bids. Madison County’s decision regarding a low bidder’s request to withdraw its bid without penalty shall be made within 10 days after receipt of the bidder’s evidence or by the next regular meeting of Madison County, Alabama. Upon withdrawal of bid without penalty, the low bidder shall be prohibited from (1) doing work on the project as a subcontractor or in any other capacity and (2) bidding on the same project if it is re-bid. DISQUALIFICATION OF BIDDERS. Any bidder(s) may be disqualified from consideration for contract award for the following reasons: Collusion. Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition to bid at a fixed price or to refrain from bidding or otherwise shall render the bids void and shall cause the bidders or prospective bidders participating in such agreement or collusion to be disqualified from submitting further bids to Madison County, Alabama on future lettings. (See § 39-2-6, Code of Alabama 1975, for possible criminal sanctions.) Advance Disclosure. Any disclosure in advance of the terms of a bid submitted in response to an Advertisement for Bids shall render the proceedings void and require re- advertisement and rebid. Failure to Settle Other Contracts. Madison County, Alabama may reject a bid from a bidder who has not paid, or satisfactorily settled, all bills due for labor and material on other contracts in force at the time of letting. CONSIDERATION OF BIDS. After the bids are opened and read publicly, the bid prices will be compared and the results of this comparison will be available to the public. Until the final award of the contract, however, Madison County shall have the right to reject any or all bids, and it shall have the right to waive technical errors and irregularities if, in its judgment, the bidder will not have obtained a competitive advantage and the best interests of Madison County, Alabama will be promoted. If the Bid Documents request bids for projects or parts of projects in combination or separately, the Bid Documents must include modifications of, or supplements to, these Instructions to Bidders setting forth applicable bid procedures. Award or awards will be made to the lowest responsible and responsive bidder or bidders in accordance with such bid procedures. The qualifications, ability, and responsibility of all bidders and their proposed sub- contracts will be considered in making the award. Only bids of such contractors who are licensed as required by the Code of Alabama, Titles 34 and 46, as amended, prior to the date of the bid opening will be considered. Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 Instructions to Bidders 2-7 UNIT PRICES Work Bid on a Unit Price Basis. Where all, or part(s), of the planned Work is bid on a unit price basis, both the unit prices and the extensions of the unit prices constitute a basis of determining the lowest responsible and responsive bidder. In cases of error in the extension of prices of bids, the unit price will govern. A bid may be rejected if any of the unit prices are obviously unbalanced or non-competitive. Unit Prices for Application to Change Orders. As a means of predetermining unit costs for changes in certain elements of the Work, the Bid Documents may require that the bidders furnish unit prices for those items in the Bid Form. Unit prices for application to changes in the work are not a basis for determining the lowest bidder. Non-competitive unit prices proposed by the successful bidder may be rejected and competitive prices negotiated by Madison County, Alabama prior to contract award. Unit prices for application to changes in the work are not effective unless specifically included and agreed upon in the Construction Contract. AWARD OF CONTRACT. The contract shall be awarded to the lowest responsible and responsive bidder unless Madison County, Alabama finds that all the bids are unreasonable or that it is not in the best interest of Madison County, Alabama to accept any of the bids. A responsible bidder is one who, among other qualities determined necessary for performance, is competent, experienced, and financially able to perform the contract. A responsive bidder is one who submits a bid that complies with the terms and conditions of the Advertisement for Bids and the Bid Documents. Minor irregularities in the bid shall not defeat responsiveness. A bidder to whom award is made will be notified by facsimile and confirmed by letter to the address shown on the Bid Form at the earliest possible date. Unless other time frames are stipulated in Supplemental Instructions to Bidders, the maximum time frames allowed for each step of the process between the opening of bids and the issuance of an order to proceed with the work shall be as follows: 1. Award of contract by Madison County Commission 30 calendar days after the opening of bids 2. Contractor’s return of the fully executed contract, bonds, evidence of insurance, and other required documents to Madison County, Alabama 15 calendar days after the contract has been presented to the Contractor for signature 3. Madison County’s approval of the Contractor’s submitted documentation 20 calendar days after the Contractor presents complete and acceptable documents to the Owner 4. Notice to Proceed issued to the Contractor 15 calendar days after final execution of contract by Madison County, Alabama Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 Instructions to Bidders 2-8 The time frames stated above, or as otherwise specified in the Bid Documents, may be extended by written agreement between the parties. Failure by Madison County, Alabama to comply with the time frames stated above or stipulated in Supplemental Instructions to Bidders, or agreed extensions thereof, shall be just cause for the withdrawal of the Contractor’s bid and contract without forfeiture of bid security. Should the successful bidder or bidders to whom the contract is awarded fail to execute the Construction Contract and furnish acceptable Performance and Payment Bonds and satisfactory evidence of insurance within the specified period, Madison County, Alabama shall retain from the bid guaranty, if it is a cashier’s check, or recover from the principal or the sureties, if the guaranty is a bid bond, the difference between the amount of the contract as awarded and the amount of the bid of the next lowest responsible and responsive bidder, but not more than Ten Thousand Dollars ($10,000). If no other bids are received, the full amount of the bid guaranty shall be so retained or recovered as liquidated damages for such default. Any sums so retained or recovered shall be the property of Madison County, Alabama. All bid guaranties, except those of the three lowest bona fide bidders, will be returned immediately after bids have been checked, tabulated, and the relation of the bids established. The bid guaranties of the three lowest bidders will be returned as soon as the contract bonds and the contract of the successful bidder have been properly executed and approved. When the award is deferred for a period of time longer than 45 days after the opening of the bids, all bid guaranties, except those of the potentially successful bidders, shall be returned. If no award is made within the specified period, as it may by agreement be extended, all bids will be rejected, and all guaranties returned. If any potentially successful bidder agrees in writing to a stipulated extension in time for consideration of its bid and its bid was guaranteed with a cashier’s check, Madison County, Alabama may permit the potentially successful bidder to substitute a satisfactory bid bond for the cashier’s check. POWER OF ATTORNEY. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 General Conditions 3-1 3 GENERAL CONDITIONS DEFINITIONS. Whenever the following terms, or pronouns in place of them, are used in the Contract Documents, the intent and meaning shall be interpreted as follows: Contract: The Contract is the embodiment of the Contract Documents. The Contract represents the entire and integrated agreement between the Owner and Contractor and supersedes any prior written or oral negotiations, representations, or agreements that are not incorporated into the Contract Documents. The Contract may be amended only by a Contract Change Order or a Modification to the Construction Contract. The contractual relationship which the Contract creates between the Owner and the Contractor extends to no other persons or entities. The Contract consists of the following Contract Documents, including all additions, deletions, and modifications incorporated therein before the execution of the Construction Contract: (i) Contract (ii) Performance and Payment Bonds (iii) Conditions of the Contract (General, Supplemental, Special and other Conditions) (iv) Specifications (v) Drawings (vi) Contract Change Orders (vii) Modifications to the Construction Contract Contract Sum: The Contract Sum is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. The term “Contract Sum” means the Contract Sum stated in the Construction Contract as may have been increased or decreased by Change Order(s) in accordance with the Contract Documents. Contract Time: The Contract Time is the period of time in which the Contractor must complete the Work. The date on which the Contract Time begins is specified in the written Notice to Proceed issued to the Contractor by the Owner. The term “Contract Time” means the Contract Time stated in the Construction Contract as may have been extended by Change Order(s) in accordance with the Contract Documents. The term “day” as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. Contractor: The Contractor is the person or persons, firm, partnership, joint venture, association, corporation, cooperative, limited liability company, or other legal entity, identified as such in the Construction Contract. The term “Contractor” means the Contractor or the Contractor’s authorized representative. Defective Work: The term “Defective Work” shall apply to: (i) Any product, material, system, equipment, or service, or its installation or performance, which does not conform to the requirements of the Contract Documents, (ii) In-progress or completed Work the workmanship of which does not conform to the quality specified or, if not specified, to the quality produced by skilled workers performing work of a similar nature on similar projects in the state, (iii) Substitutions and deviations not properly submitted and approved or otherwise authorized, Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 General Conditions 3-2 (iv) Temporary supports, structures, or construction which will not produce the results required by the Contract Documents, and (v) Materials or equipment rendered unsuitable for incorporation into the Work due to improper storage or protection. Drawings: The Drawings are the portions of the Contract Documents showing graphically the design, location, layout, and dimensions of the Work, in the form of plans, elevations, sections, details, schedules, and diagrams. Notice to Proceed: A Notice to Proceed is issued by the Owner, fixing the date on which the Contractor shall begin the prosecution of the Work, which is also the date on which the Contract Time shall begin. Owner: The Owner is the entity identified as such in the Construction Contract and is referred to throughout the Contract Documents as if singular in number. The term “Owner” means the Owner or the Owner’s authorized representative. The term “Owner” as used herein shall be synonymous with the term “Awarding Authority” as defined and used in Title 39 - Public Works, Code of Alabama, 1975, as amended. The Project: The Project is the total construction of which the Work required by these Contract Documents may be the entirety or only a part with other portions to be constructed by the Owner or separate contractors. Specifications: The Specifications are that portion of the Contract Documents which set forth in writing the standards of quality and performance of products, equipment, materials, systems, and services and workmanship required for acceptable performance of the Work. Subcontractor: A Subcontractor is a person or entity who is undertaking the performance of any part of the Work by virtue of a contract with the Contractor. The term “Subcontractor” means a Subcontractor or its authorized representatives. The Work: The Work is the construction and services required by the Contract Documents, and includes all labor, materials, supplies, equipment, and other items and services as are necessary to produce the required construction and to fulfill the Contractor’s obligations under the Contract. The Work may constitute the entire Project or only a portion of it. INTENT AND INTERPRETATION OF THE CONTRACT DOCUMENTS. Intent. It is the intent of the Contract Documents that the Contractor shall properly execute and complete the Work described by the Contract Documents, and unless otherwise provided in the Contract, the Contractor shall provide all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work, in full accordance with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. Complementary Documents. The Contract Documents are complementary. If Work is required by one Contract Document, the Contractor shall perform the Work as if it were required by all of the Contract Documents. However, the Contractor shall be required to perform Work only to the extent that is consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 General Conditions 3-3 Order of Precedence. Should any discrepancy arise between the various elements of the Contract Documents, precedence shall be given to them in the following order unless to do so would contravene the apparent Intent of the Contract Documents stated in preceding Paragraph (a): (i) The Construction Contract. (ii) Addenda, with those of later date having precedence over those of earlier date. (iii) General Conditions of the Contract. (iv) Supplementary or Special Conditions (or other Conditions which modify the General Conditions of the Contract). (v) The Specifications. (vi) Details appearing on the Drawings; large scale details shall take precedence over smaller scale details. (vii) The Drawings; large scale drawings shall take precedence over smaller scale drawings. Organization. Except as may be specifically stated within the technical specifications, neither the organization of the Specifications into divisions, sections, or otherwise, nor any arrangement of the Drawings shall control how the Contractor subcontracts portions of the Work or assigns Work to any trade. Interpretation. (i) The Contract Documents shall be governed by and construed in accordance with the laws of the State of Alabama. (ii) The Contract Documents shall be interpreted collectively, each part complementing the others and consistent with the Intent of the Contract Documents stated in preceding Paragraph (a). Unless an item shown or described in the Contract Documents is specifically identified to be furnished or installed by the Owner or others or is identified as “Not In Contract” (“N.I.C.”), the Contractor’s obligation relative to that item shall be interpreted to include furnishing, assembling, installing, finishing, and/or connecting the item at the Contractor’s expense to produce a product or system that is complete, appropriately tested, and in operative condition ready for use or subsequent construction or operation of the Owner or separate contractors. The omission of words or phrases for brevity of the Contract Documents, the inadvertent omission of words or phrases, or obvious typographical or written errors shall not defeat such interpretation as long as it is reasonably inferable from the Contract Documents as a whole. (iii) Words or phrases used in the Contract Documents which have well-known technical or construction industry meanings are to be interpreted consistent with such recognized meanings unless otherwise indicated. (iv) Except as noted otherwise, references to standard specifications or publications of associations, bureaus, or organizations shall mean the latest edition of the referenced standard specification or publication as of the date of the Invitation for Bids. (v) In the case of inconsistency between Drawings and Specifications or within either document not clarified by addendum, the better quality or greater quantity of Work shall be provided in accordance with the Owner’s interpretation. Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 General Conditions 3-4 (vi) Generally, portions of the Contract Documents written in longhand take precedence over typed portions, and typed portions take precedence over printed portions. (vii) Any doubt as to the meaning of the Contract Documents or any obscurity as to the wording of them shall be promptly submitted in writing to the Owner for written interpretation, explanation, or clarification. (viii) Severability. The partial or complete invalidity of any one or more provision of this Contract shall not affect the validity or continuing force and effect of any other provision. CONTRACTOR’S REPRESENTATIONS. By executing the Contract, the Contractor represents to the Owner: The Contractor has visited the site of the Work to become familiar with local conditions under which the Work is to be performed and to evaluate reasonably observable conditions as compared with requirements of the Contract Documents. The Contractor shall use its best skill and attention to perform the Work in an expeditious manner consistent with the Contract Documents. The Contractor is an independent contractor and in performance of the Contract remains and shall act as an independent contractor having no authority to represent or obligate the Owner in any manner unless authorized by the Owner in writing. DOCUMENTS FURNISHED TO CONTRACTOR. Unless otherwise provided in the Contract Documents, five (5) sets of Drawings and Technical Specifications will be furnished to the Contractor by the Owner without charge. Other copies requested will be furnished at reproduction cost. OWNERSHIP OF DRAWINGS. All original or duplicated Drawings, Specifications, and other documents prepared by the Owner, and furnished to the Contractor are the property of the Owner and are to be used solely for this Project and not to be used in any manner for other work. Upon completion of the Work, all copies of Drawings and Specifications, with the exception of the Contractor’s record set, shall be returned or accounted for by the Contractor to the Owner, on request. SUPERVISION, SUPERINTENDENT AND EMPLOYEES. Supervision and Construction Methods. (i) The term “Construction Methods” shall be interpreted as the construction means, methods, techniques, sequences, and procedures utilized by the Contractor in performing the Work. The Contractor is solely responsible for supervising and coordinating the performance of the Work, including the selection of Construction Methods, unless the Contract Documents give other specific instructions concerning these matters. (ii) The Contractor is solely and completely responsible for job site safety, including the protection of persons and property in accordance with Section 3.14. Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 General Conditions 3-5 (iii) The Contractor shall be responsible to the Owner for acts and omissions of not only the Contractor and its agents and employees, but all persons and entities, and their agents and employees, who are performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. (iv) The Contractor shall be responsible to inspect the in-progress and completed Work to verify its compliance with the Contract Documents and to ensure that any element or portion of the Work upon which subsequent Work is to be applied or performed is in proper condition to receive the subsequent Work. Superintendent. (i) The Contractor shall employ and maintain a competent level of supervision for the performance of the Work at the Project site, including a superintendent who shall: Have full authority to receive instructions from the Owner and to act on those instructions; and Be present at the Project site at all times during which Work is being performed. (ii) Before beginning performance of the Work, the Contractor shall notify the Owner of the name and qualifications of its proposed superintendent so that the Owner may review the individual’s qualifications. If, for reasonable cause, the Owner refuses to approve the individual, or withdraws its approval after once giving it, the Contractor shall name a different superintendent for the Owner’s review and approval. Any disapproved superintendent will not perform in that capacity thereafter at the Project site. Employees. The Contractor shall permit only fit and skilled persons to perform the Work. The Contractor shall enforce safety procedures, strict discipline, and good order among persons performing the Work. The Contractor will remove from its employment on the Project any person who deliberately or persistently produces non-conforming Work or who fails or refuses to conform to reasonable rules of personal conduct contained in the Contract Documents or implemented by the Owner and delivered to the Contractor in writing during the course of the Work. REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR. In order to facilitate assembly and installation of the Work in accordance with the Contract Documents, before starting each portion of the Work, the Contractor shall examine and compare the relevant Contract Documents, and compare them to relevant field measurements made by the Contractor and any conditions at the site affecting that portion of the Work. If the Contractor discovers any errors, omissions, or inconsistencies in the Contract Documents, the Contractor shall promptly report them to the Owner as a written request for information that includes a detailed statement identifying the specific Drawings or Specifications that are in need of clarification and the error, omission, or inconsistency discovered in them. (i) The Contractor shall not be expected to act as a licensed design professional and ascertain whether the Contract Documents comply with applicable laws, statutes, ordinances, building codes, and rules and regulations, but the Contractor shall be obligated to promptly notify the Owner of any such noncompliance discovered by Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 General Conditions 3-6 or made known to the Contractor. If the Contractor performs Work without fulfilling this notification obligation, the Contractor shall pay the resulting costs and damages that would have been avoided by such notification. (ii) The Contractor shall not be liable to the Owner for errors, omissions, or inconsistencies that may exist in the Contract Documents, or between the Contract Documents and conditions at the site, unless the Contractor knowingly fails to report a discovered error, omission, or inconsistency to the Owner, in which case the Contractor shall pay the resulting costs and damages that would have been avoided by such notification. If the Contractor considers the Owner’s response to a request for information to constitute a change to the Contract Documents involving additional costs and/or time, the Contractor shall follow the procedures of Section 3.20, Claims for Extra Cost or Extra Work. If, with undue frequency, the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations, or clarifications, the Contractor shall be liable to the Owner for reasonable charges from the Owner for the additional services required to review, research, and respond to such requests for information. SURVEYS BY CONTRACTOR. The Contractor shall provide competent engineering services to assure accurate execution of the Work in accordance with the Contract Documents. The Contractor shall verify the figures given for the contours, approaches, and locations shown on the Drawings before starting any Work and be responsible for the accuracy of the finished Work. Without extra cost to the Owner, the Contractor shall engage a licensed surveyor if necessary to verify boundary lines, keep within property lines, and shall be responsible for encroachments on rights or property of public or surrounding property owners. The Contractor shall establish all base lines for the location of the principal components of the Work and make all detail surveys necessary for construction, including grade stakes, batter boards and other working points, lines, and elevations. If the Work involves alteration of or addition to existing structures or improvements, the Contractor shall locate and measure elements of the existing conditions as is necessary to facilitate accurate fabrication, assembly, and installation of new Work in the relationship, alignment, and/or connection to the existing structure or improvement as is shown in the Contract Documents. SUBMITTALS. Where required by the Contract Documents, the Contractor shall submit shop drawings, product data, samples, and other information (hereinafter referred to as Submittals) to the Owner for the purpose of demonstrating the way by which the Contractor proposes to conform to the requirements of the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Owner without action. Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 General Conditions 3-7 The Contractor shall be responsible to the Owner for the accuracy of its Submittals and the conformity of its submitted information to the requirements of the Contract Documents. Each Submittal shall bear the Contractor’s approval, evidencing that the Contractor has reviewed and found the information to be in compliance with the requirements of the Contract Documents. Submittals which are not marked as reviewed and approved by the Contractor may be returned by the Owner without action. The Contractor shall prepare and deliver its submittals to the Owner sufficiently in advance of construction requirements and in a sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. In coordinating the Submittal process with its construction schedule, the Contractor shall allow sufficient time to permit adequate review by the Owner. By approving a Submittal the Contractor represents not only that the element of Work presented in the Submittal complies with the requirements of the Contract Documents, but also that the Contractor has: (i) Found the layout and/or dimensions in the Submittal to be comparable with those in the Contract Documents and other relevant Submittals and has made field measurements as necessary to verify their accuracy, and (ii) Determined that products, materials, systems, equipment, and/or procedures presented in the Submittal are compatible with those presented, or being presented, in other relevant Submittals and with the Contractor’s intended Construction Methods. The Contractor shall not fabricate or perform any portion of the Work for which the Contract Documents require Submittals until the respective Submittals have been approved by the Owner. In the case of a resubmission, the Contractor shall direct specific attention to all revisions in a Submittal. The Owner’s approval of a resubmission shall not apply to any revisions that were not brought to the Owner’s attention. If the Contract Documents specify that a Submittal is to be prepared and sealed by a registered architect or licensed engineer retained by the Contractor, all drawings, calculations, specifications, and certifications of the Submittal shall bear the Alabama seal of registration and signature of the registered/licensed design professional who prepared them or under whose supervision they were prepared. The Owner shall be entitled to rely upon the adequacy, accuracy and completeness of such a Submittal, provided that all performance and design criteria that such Submittal must satisfy are sufficiently specified in the Contract Documents. The Owner will review, approve, or take other appropriate action on such a Submittal only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria specified in the Contract Documents. Deviations. (i) Madison County inspectors are authorized by the Owner to approve “minor” deviations from the requirements of the Contract Documents. “Minor” deviations are defined as those which are in the interest of the Owner, do not materially alter the quality or performance of the finished Work, and do not affect the cost or time of performance of the Work. Deviations which are not “minor” may be authorized only by the Owner through the Change Order procedures of Section 3.19. Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 General Conditions 3-8 (ii) Any deviation from the requirements of the Contract Documents contained in a Submittal shall be clearly identified as a “Deviation from Contract Requirements” (or by similar language) within the Submittal and, in a letter transmitting the Submittal to the Owner, the Contractor shall direct the Owner’s attention to, and request specific approval of, the deviation. Otherwise, the Owner’s approval of a Submittal does not constitute approval of deviations from the requirements of the Contract Documents contained in the Submittal. (iii) The Contractor shall bear all costs and expenses of any changes to the Work, changes to work performed by the Owner or separate contractors required to accommodate an approved deviation unless the Contractor has specifically informed the Owner in writing of the required changes and a Change Order has been issued authorizing the deviation and accounting for such resulting changes and costs. Owner’s Review and Approval. (i) The Owner will review the Contractor’s Submittals for conformance with requirements of, and the design concept expressed in, the Contract Documents and will approve or take other appropriate action upon them. This review is not intended to verify the accuracy and completeness of details such as dimensions and quantities, or to substantiate installation instructions or performance of equipment or systems, all of which remain the responsibility of the Contractor. However, the Owner shall advise the Contractor of any errors or omissions which the Owner may detect during this review. The Owner’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. (ii) The Owner will review and respond to all Submittals with reasonable promptness to avoid delay in the Work or in the activities of the Owner, Contractor, or separate contractors, while allowing sufficient time to permit adequate review. (iii) No corrections or changes to Submittals indicated by the Owner will be considered as authorizations to perform Extra Work. If the Contractor considers such correction or change of a Submittal to require Work which differs from the requirements of the Contract Documents, the Contractor shall promptly notify the Owner in writing in accordance with Section 3.20, Claims for Extra Cost or Extra Work. Conformance with Submittals. The Work shall be constructed in accordance with approved Submittals. DOCUMENTS AND SAMPLES AT THE SITE. “As Issued” Set. The Contractor shall maintain at the Project site, in good order, at least one copy of all Addenda, Change Orders, supplemental drawings, written directives and clarifications, and approved Submittals intact as issued, and an updated construction schedule. “Posted” Set. The Contractor shall maintain at the Project site, in good order, at least one set of the Drawings and Project Manual into which the Contractor has “posted” (incorporated) all Addenda, Change Orders, supplemental drawings, clarifications, and other information pertinent to the proper performance of the Work. The Contractor shall assure that all sets of the Drawings and Project Manuals being used by the Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 General Conditions 3-9 Contractor, Subcontractors, and suppliers are “posted” with the current information to ensure that updated Contract Documents are used for performance of the Work. The documents and samples required by this Section to be maintained at the Project site shall be readily available to the Owner and their representatives. “AS-BUILT” DOCUMENTS. Unless otherwise provided in the Contract Documents, the Contractor shall deliver two (2) sets of “As-built” documents, as described herein, to the Owner upon completion of the Work. Each set of “As-built’ documents shall consist of a copy of the Record of Coatings Applied, Record of Repairs, and Project Manual, in like-new condition, into which the Contractor has neatly incorporated all Addenda, Change Orders, supplemental drawings, clarifications, field changes, corrections, selections, and other information as required herein or specified elsewhere in the Contract Documents. Drawings. (i) To the greatest extent practicable, information shall be carefully drawn and lettered, in ink, on the Drawings in the form of sketches, details, plans, notes, and dimensions as required to provide a fully dimensioned record of Work. When required fort clarity, sketches, details, or partial plans shall be on supplemental sheets and bound into the Drawings and references on the drawing being revised. (ii) Any entry of information made in the Drawings that is the result of an Addendum or Change Order, shall identify the Addendum or Change Order from which it originated. Project Manual. (i) A copy of all Addenda and Change Orders, excluding drawings thereof, shall be bound in the front of the Project Manual. (ii) Where a document, form, or entire specification section is revised, the latest issue shall be bound into the Project Manual in the place of the superseded issue. (iii) Where information within a specification section is revised, the deleted or revised information shall be drawn through in ink and an adjacent note added identifying the Addendum or Change Order containing the revised information. Within ten days after the Date of Substantial Completion of the Work, or the last completed portion of the Work, the Contractor shall submit the “As-built” documents to the Owner for approval. If the Owner requires that any corrections be made, the documents will be returned in a reasonable time for correction and resubmission. PROGRESS SCHEDULE. The Contractor, shall within fifteen days after the date of commencement stated in the Notice to Proceed, or such other time as may be provided in the Contract Documents, prepare and submit to the Owner for review and approval a practicable construction schedule informing the Owner of the order in which the Contractor plans to carry on the Work within the Contract Time. The Owner’s review and approval of the Contractor’s construction schedule shall be only for compliance with the specified format, Contract Time, and suitability for monitoring progress of the Work and shall not be construed as a representation that the Owner has analyzed the schedule to form opinions of sequences or durations of time represented in the schedule. Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 General Conditions 3-10 If a schedule format is not specified elsewhere in the Contract Documents, the construction schedule shall be prepared using Alabama Building Commission (ABC) Form C-11, “Progress Schedule and Report”, or similar format of suitable scale and detail to indicate the percentage of Work scheduled to be completed at the end of each month. At the end of each month the Contractor shall enter the actual percentage of completion on the construction schedule submit two copies to the Owner, and attach one copy to each copy of the monthly Application for Payment. The construction schedule shall be revised to reflect any agreed extensions of the Contract Time or as required by conditions of the Work. If a more comprehensive schedule format is specified elsewhere in the Contract Documents or voluntarily employed by the Contractor, ABC Form C-11 shall also be prepared, updated, and submitted as described in preceding Paragraph (b). The Contractor’s construction schedule shall be used by the Contractor and Owner to determine the adequacy of the Contractor’s progress. The Contractor shall be responsible for maintaining progress in accordance with the currently approved construction schedule and shall increase the number of shifts, and/or overtime operations, days of work, and/or the amount of construction plant and equipment as may be necessary to do so. If the Contractor’s progress falls materially behind the currently approved construction schedule and, in the opinion of the Owner, the Contractor is not taking sufficient steps to regain schedule, the Owner may issue the Contractor a Notice to Cure pursuant to Section 3.25. In such a Notice to Cure the Owner may require the Contractor to submit such supplementary or revised construction schedules as may be deemed necessary to demonstrate the manner in which schedule will be regained. EQUIPMENT, MATERIALS AND SUBSTITUTIONS. Every part of the Work shall be executed in a workmanlike manner in accordance with the Contract Documents and approved Submittals. All materials used in the Work shall be furnished in sufficient quantities to facilitate the proper and expeditious execution of the Work and shall be new except such materials as may be expressly provided or allowed in the Contract Documents to be otherwise. Whenever a product, material, system, item of equipment, or service is identified in the Contract Documents by reference to a trade name, manufacturer’s name, model number, etc. (hereinafter referred to as “source”), and only one or two sources are listed, or three or more sources are listed and followed by “or approved equal” or similar wording, it is intended to establish a required standard of performance, design, and quality, and the Contractor may submit, for the Owner’s approval, products, materials, systems, equipment, or services of other sources which the Contractor can prove to the Owner’s satisfaction are equal to, or exceed, the standard of performance, design and quality specified, unless the provisions of Paragraph (d) below apply. Such proposed substitutions are not to be purchased or installed without the Owner’s written approval of the substitution. If the Contract Documents identify three or more sources for a product, material, system, item of equipment or service to be used and the list of sources is not followed by “or Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 General Conditions 3-11 approved equal” or similar wording, the Contractor may make substitution only after evaluation by the Owner and execution of an appropriate Contract Change Order. If the Contract Documents identify only one source and expressly provide that it is an approved sole source for the product, material, system, item of equipment, or service, the Contractor must furnish the identified sole source. SAFETY AND PROTECTION OF PERSONS AND PROPERTY. The Contractor shall be solely and completely responsible for conditions at the Project site, including safety of all persons (including employees) and property. The Contractor shall create, maintain, and supervise conditions and programs to facilitate and promote safe execution of the Work, and shall supervise the Work with the attention and skill required to assure its safe performance. Safety provisions shall conform to OSHA requirements and all other federal, state, county, and local laws, ordinances, codes, and regulations. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor shall employ Construction Methods, safety precautions, and protective measures that will reasonably prevent damage, injury or loss to: (i) Workers and other persons on the Project site and in adjacent and other areas that may be affected by the Contractor’s operations; (ii) The Work and materials and equipment to be incorporated into the Work and stored by the Contractor on or off the Project site; and (iii) Other property on, or adjacent to, the Project site, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and other improvements not designated in the Contract Documents to be removed, relocated, or replaced. The Contractor shall be responsible for the prompt remedy of damage and loss to property, including the filing of appropriate insurance claims, caused in whole or in part by the fault or negligence of the Contractor, a Subcontractor, or anyone for whose acts they may be liable. The Contractor shall comply with and give notices required by applicable laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on safety and protection of persons or property, including without limitation notices to adjoining property owners of excavation or other construction activities that potentially could cause damage or injury to adjoining property or persons thereon. The Contractor shall erect and maintain barriers, danger signs, and any other reasonable safeguards and warnings against hazards as may be required for safety and protection during performance of the Contract and shall notify owners and users of adjacent sites and utilities of conditions that may exist or arise which may jeopardize their safety. If use or storage of explosives or other hazardous materials or equipment or unusual construction methods are necessary for execution of the Work, the Contractor shall exercise commensurate care and employ supervisors and workers properly qualified to perform such activity. The Contractor shall furnish a qualified safety representative at the Project site whose duties shall include the prevention of accidents. The safety representative shall be the Contractor’s superintendent, unless the Contractor assigns this duty to another Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 General Conditions 3-12 responsible member of its on-site staff and notifies the Owner in writing of such assignment. The Contractor shall not permit a load to be applied, or forces introduced, to any part of the construction or site that may cause damage to the construction or site or endanger safety of the construction, site, or persons on or near the site. The Contractor shall have the right to act as it deems appropriate in emergency situations jeopardizing life or property. The Contractor shall be entitled to equitable adjustment of the Contract Sum or Contract Time for its efforts expended for the sole benefit of the Owner in an emergency. Such adjustment shall be determined as provided in Section 3.19 and 3.20. HAZARDOUS MATERIALS. A Hazardous Material is any substance or material identified as hazardous under any federal, state, or local law or regulation, or any other substance or material which may be considered hazardous or otherwise subject to statutory or regulatory requirements governing its handling, disposal, and/or clean-up. Existing Hazardous Materials are Hazardous Materials discovered at the Project site and not introduced to the Project site by the Contractor, a Subcontractor, or anyone for whose acts they may be liable. If during the performance of the Work, the Contractor encounters a suspected Existing Hazardous Material, the Contractor shall immediately stop work in the affected area, take measures appropriate to the condition to keep people away from the suspected Existing Hazardous Material, and immediately notify the Owner of the condition in writing. The Owner shall obtain the services of an independent laboratory or professional consultant, appropriately licensed and qualified, to determine whether the suspected material is a Hazardous Material requiring abatement and, if so, to certify after its abatement that it has been rendered harmless. Any abatement of Existing Hazardous Materials will be the responsibility of the Owner. The Owner will advise the Contractor in writing of the persons or entities who will determine the nature of the suspected material and those who will, if necessary, perform the abatement. The Owner will not employ persons or entities to perform these services to whom the Contractor has reasonable objection. After certification by the Owner’s independent laboratory or professional consultant that the material is harmless or has been rendered harmless, work in the affected area shall resume upon written agreement between the Owner and Contractor. If the material is found to be an Existing Hazardous Material and the Contractor incurs additional cost or delay due to the presence and abatement of the material, the Contract Sum and/or Contract Time shall be appropriately adjusted by a Contract Change Order pursuant to Section 3.19. The Owner shall not be responsible for Hazardous Materials introduced to the Project site by the Contractor, a Subcontractor, or anyone for whose acts they may be liable unless such Hazardous Materials were required by the Contract Documents. INSPECTION OF THE WORK. General. Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 General Conditions 3-13 (i) The Contractor is solely responsible for the Work’s compliance with the Contract Documents. Therefore, the Contractor shall be responsible to inspect in-progress and completed Work, and shall verify its compliance with the Contract Documents and that any element or portion of the Work upon which subsequent Work is to be applied or performed is in proper condition to receive the subsequent Work. Neither the presence nor absence of inspections by the Owner, any public authority having jurisdiction, or their representatives shall relieve the Contractor of responsibility to inspect the Work, for responsibility for Construction Methods and safety precautions and programs in connection with the Work, or from any other requirement of the Contract Documents. (ii) The Owner, any public authority having jurisdiction, and their representatives shall have access at all times to the Work for inspection whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access and inspection. All materials, workmanship, processes of manufacture, and methods of construction, if not otherwise stipulated in the Contract Documents, shall be subject to inspection, examination, and test at any and all places where such manufacture and/or construction are being carried on. Such inspections will not unreasonably interfere with the Contractor’s operations. (iii) The Contractor may be charged by the Owner for any extra cost of inspection incurred by the Owner on account of material and workmanship not being ready at the time of inspection set by the Contractor. Types of Inspections. (i) Scheduled Inspections and Conferences; Scheduled Inspections and Conferences are conducted by the Owner, scheduled by the Owner in coordination with the Contractor and are attended by the Contractor and applicable Subcontractors, suppliers and manufacturers. Scheduled Inspections and Conferences of this Contract include: Pre-construction Conference. Final Inspection(s): A Final Inspection shall establish that the Work, or a designated portion of the Work, is Substantially Complete in accordance with Section 3.32 and is accepted by the Owner as being ready for the Owner’s occupancy or use. At the conclusion of this inspection, items requiring correction or completion (“punch list” items) shall be minimal and require only a short period of time for accomplishment to establish Final Acceptance of the Work. If the Work, or designated portion of the Work, includes the installation, or modification, of a fire alarm system or other life safety systems essential to occupancy, such systems shall have been tested and appropriately certified before the Final Inspection. Year-end Inspection(s): An inspection of the Work or each separately completed portion thereof, is required near the end of the Contractor’s one year warranty period(s). The subsequent delivery of the report of this inspection will serve as confirmation that the Contractor was notified of Defective Work found within the warranty period in accordance with Section 3.35. Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 General Conditions 3-14 (ii) Periodic Inspections. Periodic Inspections are conducted throughout the course of the Work by the Owner, the Owner’s consultants, and their representatives, jointly or independently, with or without advance notice to the Contractor. (iii) Specified Inspections and Tests. Specified Inspections and Tests include inspections, tests, demonstrations, and approvals that are either specified in the Contract Documents or required by laws, ordinances, rules, regulations, or orders of public authorities having jurisdiction, to be performed by the Contractor, one of its Subcontractors, or an independent testing laboratory or firm (whether paid for by the Contractor or Owner). Uncovering Work. (i) If the Contractor covers a portion of the Work before it is examined by the Inspector and this is contrary to the Owner’s request or specific requirements in the Contract Documents, then, upon written request of the Owner, the Work must be uncovered for the Inspector’s examination and be replaced at the Contractor’s expense without change in the Contract Time. (ii) Without a prior request or specific requirement that Work be examined by the Inspector before it is covered, the Inspector may request that Work be uncovered for examination and the Contractor shall uncover it. If the Work is in accordance with the Contract Documents, the Contract Sum shall be equitably adjusted under Section 3.20 to compensate the Contractor for the costs of uncovering and replacement. If the Work is not in accordance with the Contract Documents, uncovering, correction, and replacement shall be at the Contractor’s expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. Specified Inspections and Tests. (i) The Contractor shall schedule and coordinate Specified Inspections and Tests to be made at appropriate times so as not to delay the progress of the Work or the work of the Owner or separate contractors. If the Contract Documents require that a Specified Inspection or Test be witnessed or attended by the Owner’s Representative, the Contractor shall give the Owner timely notice of the time and place of the Specified Inspection or Test. If a Specified Inspection or Test reveals that Work is not in compliance with requirements of the Contract Documents, the Contractor shall bear the costs of correction, repeating the Specified Inspection or Test, and any related costs incurred by the Owner. Through appropriate Contract Change Order the Owner shall bear costs of tests, inspections or approvals which become Contract requirements subsequent to the receipt of bids. (ii) If the Owner or public authority having jurisdiction determines that inspections, tests, demonstrations, or approvals in addition to Specified Inspections and Tests are required, the Contractor shall, upon written instruction from the Owner, arrange for their performance by an entity acceptable to the Owner, giving timely notice to the Owner of the time and place of their performance. Related costs shall be borne by the Owner unless the procedures reveal that Work is not in compliance with requirements of the Contract Documents, in which case the Contractor shall bear the costs of correction, repeating the procedures, and any related costs incurred by the Owner. Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 General Conditions 3-15 (iii) Unless otherwise required by the Contract Documents, required certificates of Specified Inspections and Tests shall be secured by the Contractor and promptly delivered to the Owner. (iv) Failure of any materials to pass Specified Inspections and Tests will be sufficient cause for refusal to consider any further samples of the same brand or make of that material for use in the Work. CORRECTION OF DEFECTIVE WORK. The Contractor shall, at the Contractor’s expense, promptly correct Defective Work rejected by the Owner or which otherwise becomes known to the Contractor, removing the rejected or nonconforming materials and construction from the project site. Correction of Defective Work shall be performed in such a timely manner as will avoid delay of completion, use, or occupancy of the Work and the work of the Owner and separate contractors. The Contractor shall bear all expenses related to the correction of Defective Work, including but not limited to: (i) Additional testing and inspections, including repeating specified inspections and tests, (ii) Reasonable services and expenses of the Owner, and (iii) The expense of making good all work of the Contractor, Owner, or separate contractors destroyed or damaged by the correction of Defective Work. DEDUCTIONS FOR UNCORRECTED WORK. If the Owner deems it advisable and in the Owner’s interest to accept Defective Work, the Owner may allow part or all of such Work to remain in place, provided an equitable deduction from the Contract Sum, acceptable to the Owner, is offered by the Contractor. CHANGES IN THE WORK. General. (i) The Owner may at any time direct the Contractor to make changes in the Work which are within the general scope of the Contract, including changes in the Drawings, Specifications, or other portions of the Contract Documents to add, delete, or otherwise revise portions of the Work. (ii) If the Owner directs a change in the Work, the change shall be incorporated into the Contract by a Contract Change Order prepared by the Owner and signed by the Contractor, Owner, and other signatories to the Construction Contract, stating their agreement upon the change or changes in the Work and the adjustments, if any, in the Contract Sum and the Contract Time. (iii) In the event of a claim or dispute as to the appropriate adjustment to the Contract Sum or Contract Time due to a directive to make changes in the Work, the Work shall proceed as provided in this section subject to subsequent agreement of the parties or final resolution of the dispute pursuant to Section 3.24. (iv) Consent of surety will be obtained from all Contract Change Orders involving an increase in the Contract Sum. Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 General Conditions 3-16 (v) Changes in the Work shall be performed under applicable provisions of the Contract Documents and the Contractor shall proceed promptly to perform changes in the Work, unless otherwise directed by the Owner. Determination of Adjustment of the Contract Sum. The adjustment of the Contract Sum resulting from a change in the Work shall be determined by one of the following methods, or a combination thereof, as selected by the Owner: (i) Lump Sum. By mutual agreement to a lump sum based on or negotiated from an itemized cost proposal from the Contractor. Additions to the Contract Sum shall include the Contractor’s direct costs plus a maximum 15% markup for overhead and profit. Where subcontract work is involved the total mark-up for the Contractor and a Subcontractor shall not exceed 25%. No allowance for overhead and profit shall be figured on a change which involves a net credit to the Owner. For the purposes of this method of determining an adjustment of the Contract Sum, “overhead” shall cover the Contractor’s indirect costs of the change, such as the cost of bonds, superintendent and other job office personnel, watchman, job office, job office supplies and expenses, temporary facilities and utilities, and home office expenses. (ii) Unit Price. By application of Unit Prices included in the Contract or subsequently agreed to by the parties. However, if the character or quantity originally contemplated is materially changed so that application of such unit price to quantities of Work proposed will cause substantial inequity to either party, the applicable unit price shall be equitably adjusted. (iii) Force Account. By directing the Contractor to proceed with the change in the Work on a “force account” basis under which the Contractor shall be reimbursed for reasonable expenditures incurred by the Contractor and its Subcontractors in performing added Work and the Owner shall receive reasonable credit for any deleted Work. The Contractor shall keep and present, in such form as the Owner may prescribe, an itemized accounting of the cost of the change together with sufficient supporting data. Unless otherwise stated in the directive, the adjustment of the Contract Sum shall be limited to the following: Costs of labor and supervision, including employee benefits, social security, retirement, unemployment and workers’ compensation insurance required by law, agreement, or under Contractor’s or Subcontractor’s standard personnel policy; Cost of materials, supplies, and equipment, including cost of delivery, whether incorporated or consumed; Rental cost of machinery and equipment, not to exceed prevailing local rates if contractor-owned; Costs of premiums for insurance required by the Contract Documents, permit fees, and sales, use or similar taxes related to the change in the Work; Reasonable credits to the Owner for the value of deleted Work, without Contractor or Subcontractor mark-ups; and For additions to the Contract Sum, mark-up of the Contractor’s direct costs for overhead and profit not exceeding 15% on Contractor’s work nor exceeding 25% for Contractor and Subcontractor on a Subcontractor’s Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 General Conditions 3-17 work. No allowance for overhead and profit shall be figured on a change which involves a net credit to the Owner. For the purposes of this method of determining an adjustment of the Contract Sum, “overhead” shall cover the Contractor’s indirect costs of the change, such as the cost of insurance other than mentioned above, bonds, superintendent and other job office personnel, watchman, use and rental of small tools, job office, job office supplies and expenses, temporary facilities and utilities, and home office expenses. Adjustment of the Contract Time Due to Changes. (i) Unless otherwise provided in the Contract Documents, the Contract Time shall be equitably adjusted for the performance of a change provided that the Contractor notifies the Owner in writing that the change will increase the time required to complete the Work. Such notice shall be provided no later than: With the Contractor’s cost proposal stating the number of days of extension requested, or Within ten days after the Contractor receives a directive to proceed with a change in advance of submitting a cost proposal, in which case the notice should provide an estimated number of days of extension to be requested, which may be subject to adjustment in the cost proposal. The Contract Time shall be extended only to the extent that the change affects the time required to complete the entire Work of the Contract, considering the concurrent performance of the changed and unchanged Work. Change Order Procedures. (i) If the Owner proposes to make a change in the Work, the Owner will request that the Contractor provide a cost proposal for making the change to the Work. The request shall be in writing and shall adequately describe the proposed change using drawings, specifications, narrative, or a combination thereof. Within 21 days after receiving such a request, or such other time as may be stated in the request, the Contractor shall prepare and submit to the Owner a written proposal, properly itemized and supported by sufficient substantiating data to facilitate evaluation. The stated time within which the Contractor must submit a proposal may be extended if, within that time, the Contractor makes a written request with reasonable justification thereof. The Contractor may voluntarily offer a change proposal which, in the Contractor’s opinion, will reduce the cost of construction, maintenance, or operation or will improve the cost-effective performance of an element of the Project, in which case the Owner will accept, reject, or respond otherwise within 21 days after receipt of the proposal, or such other reasonable time as the Contractor may state in the proposal. If the Contractor’s proposal is acceptable to the Owner, or is negotiated to the mutual agreement of the Contractor and Owner, the Owner will prepare an appropriate Contract Change Order for execution. Upon receipt of the fully executed Contract Change Order, the Contractor shall proceed with the change. (ii) If the Contractor and Owner cannot agree on the amount of the adjustment in the Contract Sum for a change, the Owner may order the Contractor to proceed with the change on a Force Account basis, but the net cost to the Owner shall not exceed Installation of Traffic Signals at Steger Road and U.S. Highway 231/431 April 2021 General Conditions 3-18 the amount quoted in the Contractor’s proposal. Such order shall state that funds are available to pay for the change. (iii) If the Contractor does not promptly respond to a request for a proposal, or the Owner determines that the change is essential to the final product of the Work and that the change must be effected immediately to avoid delay of the Project, the Owner may determine with the Contractor a sufficient maximum amount to be authorized for the change and direct the Contractor to proceed with the change on a Force Account basis pending delivery of the Contractor’s proposal, stating the maximum increase in the Contract Sum that is authorized for the change. (iv) Pending agreement of the parties or final resolution of any dispute of the total amount due the Contractor for a change in the Work, amounts not in dispute for such changes in the Work may be included in Applications for Payment accompanied by an interim Change Order indicating the parties’ agreement with part of all of such costs or time extension. Once a dispute is resolved, it shall be implemented by preparation and execution of an appropriate Change Order. CLAIMS FOR EXTRA COST OR EXTRA WORK. If the Contractor considers any instructions by the Owner, or public authority having jurisdiction to be contrary to the requirements of the Contract Documents and will involve extra work and/or cost under the Contract, the Contractor shall give the Owner written notice thereof within ten days after receipt of such instructions, and in any event before proceeding to execute such work. As used in this section, “instructions” shall include written or oral clarifications, directions, instructions, interpretations, or determinations. The Contractor’s notification pursuant to Section 3.20. (a), shall state: (i) The date, circumstances, and source of the instructions, (ii) That the Contractor considers the instructions to constitute a change to the Contract Documents and why, and (iii) An estimate of extra cost and time that may be involved to the extent an estimate may be reasonably made at that time. Except for claims relating to an emergency endangering life or property, no claim for extra cost or extra work shall be considered in the absence of prior notice required under paragraph 3.19 (a). Within ten days of receipt of a