CITY OF OVERLAND PARK

PROJECT NAME AND NUMBER HERE

SPECIAL CONDITIONS

TABLE OF CONTENTS

ARTICLE	SUBJECT	PAGE

SC-1 GENERAL DESCRIPTION AND SCOPE OF WORK:	1

SC-2 CONTRACT SPECIFICATIONS:	1

SC-3 STANDARD SPECIFICATIONS:	1

SC-4 CONTRACT DRAWINGS:	1

SC-5 CONTRACT DOCUMENTS:	1

SC-6 PROTECTION AND MAINTENANCE OF PUBLIC AND PRIVATE PROPERTY:	1

SC-7 UTILITY MEETINGS AND UTILITY ADJUSTMENT:	2

SC-8 UTILITIES (RESIDENTIAL PRIVATE OWNERSHIP):	2

SC-9 BID:	2

SC-10 SAMPLING AND TESTING:	2

SC-11 SPECIAL WEATHER CONDITIONS	3

SC-12 WATER POLLUTION CONTROL	3

SC-13 NOISE CONTROL:	4

SC-14 DUST CONTROL:	4

SC-15 CONSTRUCTION AREA RESTORATION:	4

SC-16 PRE‑RESTORATION MEETING:	4

SC-17 CONSTRUCTION SCHEDULE:	5

SC-18 SUPERINTENDENT:	7

SC-19 NOTIFICATION OF PROPERTY OWNERS:	7

SC-20 CONSTRUCTION VIDEO:	7

SC-21 DELAYED WORK ORDERS	8

SC-22 TREE PROTECTION	8

SC-23 RIGHT-OF-WAY:	9

SC-24 CONSTRUCTION LIMITATIONS	9

SC-25 ADDITIONAL INDEMNIFICATION AND INSURANCE REQUIREMENTS	9

SC-26 EXCELLENCE IN CONSTRUCTION CONTRACTOR EVALUATION	9

SC-27 INSPECTION	9

SC-28 SUBCONTRACTORS	9

SC-29 SANITARY FACILITIES	10

PROJECT NAME AND NUMBER HERE

SPECIAL CONDITIONS

GENERAL DESCRIPTION AND SCOPE OF WORK: The work to be performed under the provisions of these documents and the Plans and Specifications consists of the furnishing of all materials, equipment, tools and plant, and the performance of all necessary labor and the construction, installation and completion of all work required in connection with the plans and specifications.

CONTRACT SPECIFICATIONS: The Specifications that shall govern the materials furnished and work performed in the construction of the work covered by the Contract or Contracts based thereon, are divided, classified, designated, and arranged as shown in the TABLE OF CONTENTS attached hereto. No attempt has been made in the foregoing designated Specifications to segregate work to be performed by any trade, subcontract, or proposal item, under any one specification. Any segregation between trade or craft jurisdiction limits, and the establishment of subcontract limits, will be solely a matter of agreement between the Contractor and his employees and his subcontractors. The Specifications will govern the construction of the entire work, and the provisions thereof will govern each item and unit of work to which such provisions apply.

When reference is made to Engineer, it shall have the same meaning as consulting engineer as set forth in Paragraph GC‑2 of the General Conditions.

STANDARD SPECIFICATIONS: The Specifications for the construction of streets and storm drainage improvements, Chapters l3.02, 13.03, l3.08 and l5.08 of the Overland Park Municipal Code, the Kansas "Standard Specifications for State Road and Bridge Construction," Kansas Department of Transportation, latest edition, latest edition of City of Overland Park Traffic Signal Specifications, the latest edition of the Manual On Uniform Traffic Control Devices, and The City of Overland Park Traffic Control Handbook for Street Maintenance and Construction Operations shall be the specifications for this project as though fully set forth herein, except as modified or superseded by these construction specifications.

CONTRACT DRAWINGS: The Contract Drawings or "Plans" on which the proposals and contracts are to be based, and which are to be supplemented by additional shop and dimension drawings of material and equipment and other drawings, where specified, are shown in the "Index of Sheets" on the cover sheet of the Plans.

CONTRACT DOCUMENTS: It is expressly understood and agreed that the bound volume of Contract Documents, any plans, schedules and other drawings herein referred to, and data which may be furnished by the Engineer as are necessary to make clear the intent of the Specifications and Plans, are each and all included in this Contract and the work shall be done fully in accordance therewith.

PROTECTION AND MAINTENANCE OF PUBLIC AND PRIVATE PROPERTY: The Contractor shall protect, shore, brace, support and maintain all underground pipes, conduits, drains and other underground construction uncovered or otherwise affected by the construction work performed by him. Bracing and shoring of the trenches shall be in full accordance with Occupational Safety and Health Standards – Excavations; Final Rule 29 CRF Part 1926. All pavement, surfaces, driveways, curbs, walks, buildings, utility poles, guy wires and other surface structures affected by construction operations in connection with the performance of the Contract, shall be maintained, and if removed or otherwise damaged, shall be restored to the original condition thereof, as determined and approved by the Engineer. All replacement of such underground construction and surface structures or parts thereof shall be made with new materials conforming to the requirements of these Specifications, or if not specified, as approved by the Engineer, at the Contractor's own expense, unless otherwise provided by the Contract.

The Contractor shall be responsible for any damage caused by settlement of backfill placed beneath pavement, street, road and driveway surfacing, and drainage and other structures beneath yards, parking and parks, which may occur at any time prior to and during a period of two years from and after the date of final acceptance of work covered by the Contract; during such period, the Contractor shall, at his own expense, refill all excavations where backfill settlement has occurred, and shall repair or cause to be repaired all damage to structures, pavements, surfacing and sod caused by such settlement, to the satisfaction of the City. Should the Contractor fail to repair settlements, which may occur as described above within thirty (30) days after being given notice thereof, the City shall have the right to repair such settlement and charge the cost of such repairs to the Contractor.

The Contractor will be held responsible for all damage to roads, highways, shoulders, ditches, embankments, bridges, culverts and other property, caused by him or any of his subcontractors in hauling or otherwise transporting materials to or from the several sites of the work, regardless of the location of such damage. The Contractor shall make arrangements relative to the payment for, or repair or replacement of, such damage or damaged surfaces of structures; said arrangements shall be satisfactory and acceptable to the owner or owners of such damaged surfaces or structures, or to their legally responsible officers, agents or other representatives, and said payment shall be at the Contractor's own cost and expense, unless otherwise provided by the contract.

UTILITY MEETINGS AND UTILITY ADJUSTMENT: It shall be the duty of the Contractor to notify the serving utility companies of pending construction operations and the schedule of same, prior to any work being done on this project. The Engineer will furnish plans to the utility companies for their records. These companies will relocate and adjust their own facilities at no cost to the Contractor, except for sanitary and storm sewers. The Contractor shall be responsible for the adjustment and protection of all sanitary and storm sewer facilities. Some minor grading and backfill work may be required of the Contractor at locations of utility adjustments. This work shall be considered subsidiary to other items of work.

The Contractor shall be responsible for holding periodic utility meetings with the City, the Engineer, and utility companies during the relocation of utility lines. The frequency of meetings will initially be bi-weekly (or more frequently if necessary) and then, as relocation work begins to diminish, will be held more infrequently. The Contractor shall keep minutes of the meetings and send copies to all those in attendance.

UTILITIES (RESIDENTIAL PRIVATE OWNERSHIP): Private underground utilities, including sewer, water, gas, sprinkler systems, etc. disturbed by the Contractor within or outside the right‑of‑way shall be restored at the Contractor's expense and at no cost to the City. The Contractor shall make every effort to locate these lines and protect them.

BID: The Contractor acknowledges and agrees that the unit prices shown in the Bid contemplate the construction of all facilities, complete, and in conformance with the Plans and Specifications. Any item or items required in construction for which a specific unit price is not provided shall be included in the price for the closest applicable items.

SAMPLING AND TESTING: All sampling and testing, deemed necessary by the City, shall be performed by a testing laboratory selected by the City. The costs of all such tests showing compliance with the Specifications shall be paid by the City, except for Asphaltic Concrete testing (see “Asphaltic Concrete” specification). However, in the event that any test indicates non‑compliance with the Specifications, additional testing will be paid for by the Contractor to determine acceptability of material or methods. City reserves the right to weigh any selected truck as determined by the Engineer. The City shall only pay weighing costs and any additional costs shall be at the Contractor's expense.

SPECIAL WEATHER CONDITIONS:

Cold Weather: The Contractor shall comply fully with the provisions of ACI 306.1-90 as modified below:

Average daily temperatures as defined in ACI 306.1-90 will be determined and recorded by the City Engineer.

Concrete temperatures will be determined through the use of high-low x thermometers placed and operated by the City below insulated blankets, or where the concrete is uncovered, by checking air temperatures. Uncovered concrete, which has been subjected to freezing temperatures of any duration during the first 24 hours will be considered “frozen,” and shall be rejected.

The months of December, January and February will be considered “Cold Weather” and will require concrete protection, regardless of temperature.

Concrete shall reach 75% of its design strength prior to backfilling. This strength can be determined through the use of field-cured cylinders, made and tested at contractor’s expense. Concrete must have 5 days where the average daily temperature is above 50 degrees F prior to backfilling unless field cured cylinders are taken. These days do not need to be consecutive.

Concrete operations in hot weather shall conform to Section 402.07 (a) of the Standard Specifications.

WATER POLLUTION CONTROL: Contractor shall prevent the pollution of streams, lakes, wetlands, drainageways or storm sewers from fuel, oils, hazardous chemicals, sediment, trash, debris, or other substances resulting from construction activities.

All trash shall be placed in dumpsters or trash barrels provided by the Contractor and accumulated trash shall be hauled offsite and properly disposed. Floating debris found in any waterbody on or immediately adjacent to construction shall be removed immediately, regardless of source. Hazardous wastes shall be stored, transported offsite, and disposed of properly. Sanitary facilities must be made available and their use enforced by the Contractor.

All equipment used onsite shall be free of leaks and receive regular preventative maintenance and be inspected daily to reduce chance of leakage. No fueling, servicing, maintenance, or repair of equipment shall be done within 50 feet of a stream, drainageway, lake, storm sewer manhole or other water body. Fuel tanks onsite shall in good condition, free of leaks or drips, painted brightly for visibility, monitored daily and shall sit behind or within a secondary containment tank or earthen berm.

Concrete wash or rinsewater from concrete mixing equipment, tools and/or ready-mix trucks, tools, etc, may not be discharged into or be allowed to run directly into any existing water body or storm inlet. One or more locations for concrete wash out will be designated on site, such that discharges during concrete washout will be contained in a small area where waste concrete can solidify in place and excess water evaporated or infiltrated into the ground.

Chemicals or materials capable of causing pollution may only be stored onsite in their original container. Materials stored outside must be in closed and sealed water-proof containers and located outside of drainageways or areas subject to flooding. Manufacturers data regarding proper use and storage, potential impacts to the environment if released, spill response, and reportable quantities for spill reporting shall be maintained by the field superintendent onsite at all times. Locks and other means to prevent and reduce vandalism shall be used.

All spills in excess of reportable quantities shall be reported to all of the following within 24 hours of their occurrence: KDHE 24-hour spill response center (785) 296-1679; KDHE Northeast District, Lawrence, (785) 842-4600; and the National Spill Response Center 1-800-424-8802. Spills that pose immediate threat to public safety or contamination of a water body shall be reported immediately to the Overland Park Fire Department at 911. Such spills shall also be reported to the Kansas Division of Emergency Management, (800) 275-0297 or (785) 296-8013.

Contractor shall respond immediately by containing with an appropriate device or earthen berms and shall prevent its migration with sawdust, sand, kitty litter, rags or other absorbants. Manufacturer recommendations shall be followed. Leaks from broken hoses will be immediately contained with house clamps, plugs, or drained into a leak-tight containers. Contractor shall have onsite at all times and ready for immediate use the necessary tools, equipment, and supplies to respond to a spill or leak. Contractor personnel shall be trained to properly respond immediately to a leak or spill. All spills shall be cleaned up and disposed of in accordance with applicable regulations or as directed by Kansas Division of Health and Environment or other applicable agency.

Herbicides, pesticides and fertilizers used as part of the work shall be applied only in accordance with manufacturer recommendations. Direct spray into water bodies shall be avoided. Such chemicals shall not be used if rain is forecast within 24 hours, unless they are approved for wet weather application.

Care will be taken to avoid excessive disturbance or erosion of land area and controls shall be maintained to prevent migration of silt and sediments into water bodies. Provisions of the contract for erosion and sediment control shall be followed.

NOISE CONTROL: Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the work.

DUST CONTROL: Adequate precaution shall be taken to insure that excessive dust does not become airborne during construction. The Contractor shall comply with any local, state, or federal regulations, which apply to this matter in the geographical area of the work. No separate payment will be made for performing dust control or for applying water for this purpose.

CONSTRUCTION AREA RESTORATION: All disturbed areas shall be restored to their original condition, which includes backfilling, sod, seeding, underground sprinkler systems, and any other items damaged by the Contractor.

PRE‑RESTORATION MEETING: The Contractor shall be responsible for scheduling a pre‑restoration meeting within 1 (one) week prior to beginning final grading, select soil placement, and restoration of the sodded areas in the project. The time and location of the meeting shall be approved by the Project Engineer, with required attendance by the Contractor's superintendent and any/all subcontractors involved in the restoration. The purpose of this meeting is to discuss in detail the requirements of sod restoration in the Specifications. At this meeting the Contractor shall provide:

A complete schedule of operations and proposed methods for soil preparation, sod placement, and watering.

A list of the equipment to be used for soil preparation and compaction, fertilizer distribution, sod delivery, placement and rolling, and watering.

The proposed source or sources of the sod, select soil, and water.

A list or set of "marked up" plans indicating the proposed location of each type of sod.

A list of at least 3 locations that the sod crew to be used on this project has placed sod within the previous 2 weeks.

CONSTRUCTION SCHEDULE: After being awarded the contract, the Contractor shall immediately prepare a Critical Path Method (CPM) schedule for approval by the City Engineer that will ensure completion of the project within the contract time. This schedule shall be submitted and approved by the City Engineer before a Notice to Proceed is issued. No work on this contract shall begin until said schedule is approved. The City reserves the right to adjust the Contractor’s schedule to coordinate with any other projects in the same area.

A.	General Requirements

A computerized network diagram shall be included in the CPM schedule and shall serve as the 'Master Construction Schedule' for the Project, giving mathematical analysis (printout) of that network, which verifies and validates logic and planning and defines critical path. The approved schedule shall be kept on site with the superintendent and reviewed with Subcontractors each week. The CPM schedule shall be utilized for planning, organizing, and directing the work, for reporting progress, and requesting payment for work completed. The schedule shall be reviewed each week as part of the progress meeting. Abbreviations used in CPM schedules shall be clearly explained in a legend of symbols, either separate or attached. Scheduling software shall be compatible with Microsoft Project 2007.

B.	Schedule Requirements

The CPM schedule shall clearly show sequential interdependencies, with activity duration and float clearly represented. Sequence(s) of activities with no float shall be clearly identified as Critical Path(s). The scheduling system shall be capable of baseline comparison analysis. Upon development and approval of the schedule, the Contractor shall 'freeze' the initial schedule as the baseline schedule. As work progresses, Contractor shall provide graphics displaying actual progress bars versus baseline or target bars. Activity durations shall be in calendar days.

The CPM schedule shall include pre-construction tasks, construction tasks (bid items), shop drawing submittal and approval process, material and equipment ordering and delivery, submittal of as-built drawings, clean up and punchlist, inspection coordination activities, utility relocation, final inspection and certificate of completion, and final payment. Submittal activities shall be scheduled to allow sufficient time for materials and equipment to be procured and installed, even if the submittal is unacceptable and resubmittal is required. The CPM schedule shall reflect anticipated delays, such as weather delays.

Contractor shall submit the initial schedule, complete revisions, and periodic reports in three hard copies, one reproducible and two prints or plots, and one copy digitally on CD or DVD. This schedule shall include the completed network program consisting of GANTT chart and mathematical analysis within 10 days of the executed contract. Allow 5 days for the City Engineer to review. Contractor shall submit the schedule of submittal activities extracted from the master schedule within 10 days after receipt of Notice to Proceed. During the preparation period, Contractor shall review this information with the City Engineer.

Submittals to the City Engineer of initial and monthly CPM schedule charts shall include three sets of all reports as outlined below. Plots shall be color, blueline, printed or photocopied prints and, if segmentally generated, fully assembled. Highlight the critical path when the critical path is not clearly defined.

The Contractor will participate in the Engineer's review and evaluation of submitted network diagrams and mathematical analysis of diagrams. Resubmit revisions necessary due to review within 5 days after the review. Contractor and major Subcontractors shall review the network CPM schedule before final submittal.

C.	Report Formats –

Standard set of reports submitted each month including initial submittals shall consist of a GANTT chart of entire project. Progress bar chart shall include target or baseline comparison bars. Bar positions shall be early start/early finish with float clearly defined. GANTT charts shall include a tabulation of each activity. For each activity on the GANTT charts furnish the following:

Initial/submittal schedule shall include a list of responsible contractors and suppliers, task description, duration, start date, end date, latest start date, latest end date, total slack or float time in calendar days and current schedule bar in Gantt view.

Progress schedule updates shall include a list of responsible contractors and suppliers, task description, duration, actual start date, actual finish date, percentage completion, remaining duration in calendar days and current schedule bar in Gantt view.

Graphics outlined above shall comply with the following criteria unless noted otherwise:

1.	Sheet size of diagram shall be 11 by 17 inches minimum and time scaled in month as the major timescale and weeks as the minor timescale unless approved otherwise.

2.	On each page include a title block containing at a minimum the following information –

a.	Project Title

b.	Project Number

c.	Contractor’s Business Name

d.	Date of Submittal and Revision (The Date shown must clearly show the current preparation date and separately the revision date of the current schedule - this is a hard date entered and not an auto or status date)

e.	Submit a separate Legend Page of Symbols and Abbreviations as applicable.

3.	Prepare and submit to the City Engineer upon request additional charts, reports, and current copy on disk of Project program.

D.	CPM Schedule Implementation and Monitoring

Monthly CPM schedule charts and reports shall accompany the Contractor's pay request for work completed. Where the Contractor is shown to be behind schedule, provide accompanying written summary, cause, and explanation of planned remedial action. CPM schedules shall reflect those instances, modifications or other alterations to the schedule, which have an impact on the final completion or interim target dates within the schedule. Payments or portions of payments may be withheld by the City Engineer, upon failure to maintain scheduled progress of the work as shown on the approved CPM schedule. Failure to prepare, submit and maintain a CPM schedule as specified shall be cause for rejection of other schedules submitted and for possible delay of payment. Float time belongs to the project, not to the Contractor or to the City Engineer, and may be utilized by both parties.

E.	Schedule Changes And Updates

At a minimum the Contractor shall update and submit the CPM Schedule for review weekly. A weekly update is required unless agreed upon by the City Engineer. Monthly submittal of the CPM schedule and approval by the City Engineer is required prior to payment for work completed. Activities added to the CPM schedule shall be submitted by the Contractor on schedule charts. It is the City Engineer's intent that the project be managed and operated according to the CPM schedule. Payment requests may be held up until the CPM schedule is brought back into compliance with the contract documents.

Once the CPM schedule is submitted and approved by the City Engineer Contractor shall identify any modifications to activity durations, logic, values, or descriptions resubmit for approval. Such adjustments shall not impact the contracted completion date. Requests for time extensions are addressed in the General Conditions section GC-25.

SUPERINTENDENT: The primary Contractor shall be responsible for all coordination between all phases of construction. The primary Contractor shall coordinate the activities and scheduling of all operations in accordance with the approved schedule. All unsupervised work shall be unacceptable by the Engineer. Any superintendent not adequately or competently supervising all operations for, and in connection with the work being performed, shall terminate operations as directed by the Engineer, until such time as an adequate and competent superintendent, as determined by the Engineer, has been provided by the Contractor. Termination of any operation shall not relieve the contractor's obligation on the time to complete the work. The Contractor shall have no claim for an extension of time equivalent to the time of termination. A Contractor shall have no claim to the City of any expenses caused by the terminations.

NOTIFICATION OF PROPERTY OWNERS: The Contractor will provide advance notification to the adjacent property owners on all phases of the operations.

CONSTRUCTION VIDEO: The contractor shall be responsible for video taping and photographing the limits of the construction site prior to commencing construction operations. The contractor shall provide views of all site features, which will be affected by the proposed construction.

A.	Color digital photos on CD-ROM and color video recordings transferred to DVD-Disc.

1.	Photography: Photos shall be captured on digital camera equipment with at least 6-mp memory, and delivered on CD-ROM. Original digital image files shall have dimensions of 1500 x 2100 pixels, or greater and delivered in TIFF format, or JPEG format WITHOUT added compression. Each image must be assigned a unique filename that includes that date of photography. All digital image files shall be printed on color photographic paper in a size no smaller than 2¼ x 3¼ inches, and one printed copy shall be delivered to the Owner, bound into a labeled three ring binder. Each digital image file must be delivered with matching descriptive information that accurately describes the direction and location of the individual photograph, plus a notation of any noteworthy damage that is not readily visible in the image. This information may not be provided as the (editable) image filename, but must be delivered in a permanent form.

2.	Video may be captured originally in VHS or Digital Video format, but must be transferred to DVD-Disc for delivery to the contractor and owner. Translucent information consisting of the month, day, year, and time of recording must appear on the viewing screen on all video recordings, by electronic means. Video recordings shall be divided into multiple segments, and a field log listing those segments shall be provided with the original tapes and DVD discs of all recordings. A visual recording of the field notes and log (listing the videotape segments) shall be included at the end of each respective original recording tape.

3.	Audio: Video recordings shall begin with a verbal identification of the current date and time, project name and municipality, location, and general recording information. Recordings shall then include “continuous’ narration identifying the viewing direction, street address or station number location, direction of progress, description of features, and the existing condition of improvements or damage shown on the viewing screen.

4.	CD’s or DVD’s shall be write protected, labeled, and properly identified by disc number, location, project name, and municipality in a manner that is acceptable to the Engineer.

B.	All original photo and video field notes and logs (signed by the photographer) shall be released to the Owner, and shall be electronically included (PDF format) on the CD-ROM containing the digital image files.

C.	Basis of Acceptance: The Contractor shall submit color digital image samples to the Engineer at the Project Pre-Construction Conference for review and approval.

1.	Any portion of the digital images or recordings not conforming to the project specifications shall be rejected.

2.	CD’s, DVD’s, or equipment used to produce the digital images or recordings shall not be paid for directly.

The contractor shall provide one print of the digital photos and one copy of each CD-ROM and DVD video to the owner to keep as a pre-construction record copy for the project.

Upon completion of the project and/or at intervals as deemed necessary by the engineer, the contractor shall provide additional video footage and photographs of the same views previously documented. The contractor shall provide one video and one set of photos of all post construction activities at the completion of the project.

DELAYED WORK ORDERS: The Owner reserves the right and may delay work orders on certain portions of work until such time as seasonable weather limitations and/or utility relocations will allow proper progress on major items of work. A partial work order may be issued by the Owner for clearing of right‑of‑way before utility relocations, if, in the opinion of the Engineer, such clearing would expedite utility relocation. Also, the Owner may wish to issue partial work orders for certain items of work after partial utility relocations have been made. There shall be no charge made by the Owner or the Contractor for delays arising from the issuance of such delayed work orders other than provided for in the General Conditions.

TREE PROTECTION: It is most important that trees not to be removed be protected from all damage. Any action that may endanger the health of such trees, such as parking equipment under trees, or stockpiling earth or other material under them, is specifically prohibited.

The Contractor shall erect a suitable fence a minimum of four feet from the trunk of all trees to be saved near the grading limits. This fence shall remain intact at least until final grading or at least until it interferes with construction.

If any branches of trees to remain in place must be trimmed, they shall be cut only with the approval of the Engineer and utilizing the best techniques to avoid unnecessary damage to the tree.

Where storm sewers or other subsurface work must be carried out in the root zone of trees that are to remain in place, all roots of 2-inch diameter or larger shall be carefully preserved by tunneling.

Costs associated with tree protection shall be spread over other items of work and no direct payment will be made for tree protection.

RIGHT-OF-WAY: Right-of-way and easements are currently available except for tracts __, __, __, and __(fill in numbers). These remaining tracts are estimated to be available on or about (fill in m/d/y).

The Contractor shall confine his construction operations to the right‑of‑way limits and easements provided for the project. Equipment or materials shall not be stored beyond these limits without the express approval of the owner of such property. The Engineer shall be informed as to any arrangements that Contractor makes on his behalf in these matters.

CONSTRUCTION LIMITATIONS: The construction sequence for the required work shall be in accordance with the traffic control as shown on the plans. The following limitations shall apply as well:

All work covered by this contract shall be completed by	(fill in m/d/y).

The City Engineer shall approve any variations from the traffic control plans. No construction will be allowed at night or on holidays or weekends.

All trees that are designated to be saved shall be protected prior to equipment being moved onto the project site.

ADDITIONAL INDEMNIFICATION AND INSURANCE REQUIREMENTS: The Project Contractor shall defend, indemnify and save the BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS (“BOARD”) and the CITY OF XXXX, KANSAS (“XXXX”) harmless from and against all liability for damages, costs, and expenses arising out of any claim, suit, action, or otherwise for injuries and/or damages sustained to persons or property by reason of the negligence or other actionable fault of the Project Contractor, his or her subcontractors, agents, or employees in the performance of this contract.

The BOARD AND XXX shall be named as an additional insured on all policies of insurance issued to the Project Contractor and required by the terms of his/her agreement with the CITY.

EXCELLENCE IN CONSTRUCTION CONTRACTOR EVALUATION: The City will conduct an Excellence in Construction Contractor Evaluation on this project. The purpose of this program is to recognize contractors who perform well during construction projects, provide a mechanism to assist contractors in improving their performance on future projects, and establish expectations of contractors who contract with the City of Overland Park.

Copies of the Excellence in Construction Contractor Evaluation guidelines are available in the office of the City Engineer or on the City of Overland Park web site at www.opkansas.org.

INSPECTION: The Contractor shall not commence placing concrete or backfilling of pipe/structures until such time as the City Engineer or his authorized representative has made inspection. Form location, grades, slopes and subgrade shall have been approved prior to placing of any concrete.

SUBCONTRACTORS: Prior to commencing any construction under this Contract, the Contractor shall submit to the City and the Engineer a list of all subcontractors to perform portions of the work on the project. No work shall be commenced until the City Engineer has approved the proposed subcontractors. Use of subcontractors on portions of the work shall not relieve the Contractor of his obligation to have a competent superintendent on the site at all times.

SANITARY FACILITIES: Contractor shall furnish temporary sanitary facilities at the site, as provided herein, for the needs for all construction workers and others performing work or furnishing services on this project.

Sanitary facilities shall be of reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent. If toilets of the chemically treated type are used, at least one toilet will be furnished for each twenty men. Contractor shall enforce the use of such sanitary facilities by all personnel at the site.

SC-i	Rev. 4/1/10

SC-1	Rev. 4/1/10

COP 211 - Special Conditions

Joe Archer

2007-05-31

Nancy Sappington

City of Overland Park