1-4860 Boyd County Johnson Fork RFB FINAL.pdf

REQUEST FOR BIDS

FOR

JOHNSON FORK

BRIDGE REPLACEMENT

BOYD COUNTY FISCAL COURT

2800 Louisa Road #106 Catlettsburg, KY 41129

Project Description:

The scope of the work is for the replacement of 1 bridge on Johnson Fork (CR 1011) in Boyd County, KY. This work includes the demolition of an existing bridge, construction of a new HL-93 structure with a minimum clear span of 33 feet, a minimum roadway width of 24 feet, and a minimum hydraulic opening of 165 square feet. The contractor shall submit draft plans of the intended structure with an all-inclusive lump sum bid. Johnson Fork may only have a total closure of sixty (60) calendar days.

Johnson Fork Bridge Replacement INDEX

GENERAL

Recipients of bidding documents must consult the Index to determine the full scope of the work involved and to ensure that all pages of the project proposal and drawings have been included.

Neither the OWNER nor the Engineer will be responsible for bids submitted that are based on incomplete bidding documents.

DIVISION 1: STANDARD SPECIFICATIONS

- KYTC Standard Specifications 2019. www.transportation.ky.gov/Construction/Pages/Standard-

Specification-with-Supplemental-Specification-Included.aspx

PROJECT SCOPE, PROJECT SPECIFIC NOTES, PROJECT DETAILS

Scope of Work Johnson Fork Site Map Project Specific Notes Project Plans

- END OF SECTION INDEX -

http://www.transportation.ky.gov/Construction/Pages/Standard-

Johnson Fork Bridge Replacement

INFORMATION FOR BIDDERS

1. Bids and all required documents must be submitted online to the DFS Procurement Portal (hereinafter “DFS Portal” or “Portal”) at dfs.bonfirehub.com no later than Friday July 18th, 2025 at 2 PM EST.

2. Submittals received after the closing time will not be accepted. Multiple submittals from the same entity will not be accepted.

3. Submission is electronic only through the DFS Portal. Hard copy proposals or offers by telephone, fax, or email will not be accepted.

4. Subcontracts: The bidder is specifically advised that any person, for, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner and have current eligibility status for federal program

5. Qualifications of Bidder: All Contractors seeking to bid this work must provide written documentation that their personnel have adequate experience and training in the construction of the proposed repairs and that the products to be used meet all requirements of this specification.

The Owner may make such investigations as he/she deems necessary to determine the ability of the bidder to perform the work. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

6. Conditions of Work: Each bidder must inform him/herself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his/her obligation to furnish all material and labor necessary to carry out the work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor.

7. Laws and Regulations: The bidder’s attention is directed to the fact that all applicable

State laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written in full. The contractor must secure and pay any fees required for any permits which may be necessary.

8. Obligation of Bidder: At the time of the opening of bids each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect of his/her bid.

9. Safety Standards and Accident Prevention: With respect to all work performed under this contract, the contractor shall:

http://dfs.bonfirehub.com

a. Comply with the safety standards provisions of applicable laws, building and construction codes and the “Manual of Accident Prevention in Construction” published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and the requirements of Title 29 of the Code of Federal Regulations, Section 1518 as published in the “Federal Register”, Volume 36, No. 75, Saturday, April 17, 1971.

b. Exercise every precaution at all time for the prevention of accidents and the protection of persons (including employees) and property.

c. Maintain at his/her office or other well-known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor’s care or persons (including employees), who may be injured on the job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor’s care.

10.Each BID must be accompanied by a BID BOND payable to the OWNER for five percent of the total amount of the BID. As soon as the BID prices have been compared, the OWNER will return the BONDS of all except the three lowest responsible BIDDERS. When the Agreement is executed the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the PAYMENT BOND, PERFORMANCE BOND and MAINTENANCE BOND (if required) have been executed and approved, after which it will be returned. A certified check may be used in lieu of a BID BOND.

11.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.

12.The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any

BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the BIDDER.

13.Addenda and Interpretations: No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally.

Every request for such interpretation should be in writing addressed to The Engineer and to be given consideration must be received by 12:00 PM - 3 days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be emailed to all prospective bidders (at the respective addresses or email furnished for such purposes), not later than 2 days prior to the date fixed for the opening of bids. All addenda so issued shall become part of the contract documents.

14.Basis of Award: The Contract will be awarded based on the lowest responsive, responsible bid, subject to the approval of the Owner. The Owner reserves the right to reject any or all bids or waive any informality in any bid. Unbalanced bids will be regarded with disfavor and any such bid may be rejected for the sole reason that it is unbalanced.

15.A conditional or qualified BID will not be accepted.

16.The OWNER may make such investigations as he deems necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein.

17.The party to whom the contract is awarded will be required to execute the AGREEMENT and obtain the PERFORMANCE BOND and PAYMENT BOND within ten (10) calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement and BOND forms. In case of failure of the BIDDER to execute the Agreement, the OWNER may at his option consider the BIDDER in default in which case the BID BOND accompanying the proposal shall become the property of the OWNER.

18.A PERFORMANCE BOND and a PAYMENT BOND, each in the amount of 100 percent of the CONTRACT PRICE, with a corporate surety approved by the OWNER, will be required for the faithful performance of the contract.

19.Insurance: Before the execution of a contract by the Owner, the successful bidder must furnish the Owner a certificate or certificates issued by or on behalf of insurers or a self-insurance program or group self-insurance program, qualified to do business in the State of Kentucky, certifying that the successful bidder is insured or indemnified against public liability claims which may arise out of the performance of the work under the proposed contract.

20.The OWNER within ten (10) days of receipt of acceptable BONDS and AGREEMENT signed by the party to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the OWNER not execute the Agreement within such period, the BIDDER may by WRITTEN NOTICE withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER.

21.The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the

Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual agreement between the OWNER and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party.

22.Liquidated Damages for Failure to Enter into Contract: The successful bidder, upon his/her failure or refusal to execute and deliver the contract and bonds required within

10 days after he/she has received notice of the acceptance of his/he bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his/her bid.

23. Time of Completion and Liquidated Damages: Bidder must agree to commence work on or before a date to be specified in a written “Notice to Proceed” of the Owner and to fully complete the project within 60 days of closure. Bidder must agree also to pay as liquidated damages as outlined in the 2019 KYTC Standard Specifications; thereafter as hereinafter provided in the General Conditions.

24.Further, the BIDDER agrees to abide by the requirements under Executive Order No.

11246, as amended, including specifically the provisions of the equal opportunity clause.

25.The low BIDDER shall supply the names and addresses of major material SUPPLIERS and SUBCONTRACTORS when requested to do so by the OWNER.

26.The contractor agrees to furnish all labor, materials, tools, equipment, utility and transportation services, insurance, bonds and everything necessary to perform and complete, in a workmanlike manner, the construction of the proposed project improvements in accordance with the plans, specifications, and/or special notes prepared and the requirements of the Contract Documents, at the provided Unit Bid Tabs

27. The ENGINEER is Jeremiah Littleton, PE with Qk4, Inc. His address is 9920 corporate Campus Drive, Suite 1200, Louisville KY 40223, ATTN: Jeremiah Littleton, PE, JLittelton@qk4.com.

28.Substitutions: Requests for review of substitutions will not be entertained or responded to during the bidding process. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers, (except identified Major Equipment as hereinafter noted) may be accepted by the ENGINEER if sufficient information is submitted by the CONTRACTOR to allow the ENGINEER to determine that the material or equipment proposed is equivalent or equal to the named. The procedure for review by the ENGINEER will include the following as supplemented in the detailed Specifications. Requests for review of substitute items of material and equipment (except identified Major Equipment as hereinafter noted) will not be accepted by the ENGINEER from anyone other than the CONTRACTOR. If the CONTRACTOR shall make written application to the ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice the CONTRACTOR’S achievement of Completion on time, whether or not acceptance of the substitute for use in the work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with the OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all cost that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the ENGINEER in evaluating the proposed substitute. The ENGINEER may require the CONTRACTOR to furnish, at the CONTRACTOR’S expense, additional data about the proposed substitute.

The ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. The ENGINEER will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without the ENGINEER’S prior written acceptance, which acceptance will be evidenced by either a Change Order or an acceptable Shop Drawing. The Owner may require the CONTRACTOR to furnish at the CONTRACTOR’S expense a special performance guarantee or other surety with respect to any substitute. The ENGINEER will record time required by the ENGINEER and the ENGINEER’S consultants in evaluating substitutions proposed by the CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not the ENGINEER accepts a proposed substitute, the CONTRACTOR shall reimburse the OWNER for the charges of the ENGINEER and the ENGINEER’S consultants for evaluating more than one proposed substitute for any material or equipment item. The CONTRACTOR will not have to reimburse the OWNER for the cost of the evaluation of the first substitution for any material or equipment item. The CONTRACTOR shall reimburse the OWNER for any and all redesign costs and changes in the Contract Documents required by any substitution.

In evaluating the bids, the OWNER may select certain brands of major equipment to be furnished by the CONTRACTOR, based on alternates offered by the Successful Bidder, and such selections shall be identified in the Agreement. After the bid opening, no substitutions will be allowed for OWNER- selected major equipment brands.

29.Addenda: The right is reserved, as the interest of the Owner may require, to revise or amend the specifications and/or drawings prior to the date set for opening bids. Such revisions and amendments, if any, will be announced by an addendum or addenda to the Contract Documents. Copies of such addenda as may be issued will be furnished to all prospective bidders. If the revisions and amendments are of a nature which required material changes in quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the City's Engineer will enable bidders to revise their bids. In such case, the addendum will include an announcement of the new date of opening bids.

30.Information Not Guaranteed: All information given on the drawings or in the contract documents relating to soundings and borings, materials encountered, ground water, subsurface conditions, and existing pipes and other structures is from the best sources at present available to the Owner. All such information and the drawings of existing construction are furnished only for the information and convenience of bidders, and such information and the drawings of existing construction shall not become a part of the contract between the successful bidder and the Owner.

It is agreed and understood that the Owner does not represent, warrant or guarantee that the materials, conditions, and pipes or other structures encountered during construction will be the same as those indicated by the boring samples or by the information given on the drawings or in the contract documents. The bidder must satisfy himself regarding the character, quantities, and conditions of the various materials and the work to be done.

It is further agreed and understood that the bidder or the Contractor will not use any of the information made available to him in any manner as a basis or ground of claim or demand of any nature against the Owner, arising from or by reason of any variances which may exist between the information offered and the actual materials or structures encountered during the construction work, except as may otherwise be specifically provided for in the Contract Documents.

31.Subcontractors and Material Suppliers: The bidder shall be held responsible for any delays caused by the failure of his suppliers and subcontractors to deliver materials and equipment in time for the work to be done in an orderly manner so as to complete the work in accordance with the Contract.

32.Responsible Bidder: Any person, firm or corporation submitting a bid for the work contemplated whose Bid Form is complete and regular, free of excisions or special conditions and has no alternative bids for any item unless requested in the Bid Proposal.

33.Unbalanced bids shall include, but are not limited to, bids containing unit prices that reasonably appear to the Owner to fall outside the acceptable range for construction in this locality.

34.A geotechnical investigation is pending during preparation of the plans and specifications.

The Contractor may, at his/her discretion and cost, perform investigations or soundings in the project area; all excavation is unclassified. The proposed structure is to be bid as a spread footing. Draft design assumptions should be listed on the submission. Should pile be required, the Owner will negotiate a Change Order with the Contractor.

35.The Contractor shall indemnify, hold harmless, and defend the Boyd County Fiscal Court, its elected and appointed officials, employees, agents and successors in interest from all claims, damages, losses and expenses including attorneys' fees, arising out of or resulting, directly or indirectly, from the Contractor's (or Contractor's Subcontractors, if any) performance or breach of the contract provided that such claim, damage, loss, or expense is: (1) attributable to personal injury, bodily injury, sickness, death, or to injury to or destruction of property, including the loss of use resulting there from, or breach of contract, and (2) not caused by the negligent act or omission or willful misconduct of the Boyd County Fiscal Court or its elected and appointed officials and employees acting within the scope of their employment.

This Hold Harmless and Indemnification Clause shall in no way be limited by any financial responsibility or insurance requirements and shall survive the termination of this Contract.

36.The contractor, as defined in KRS 45A.030 (9) agrees that the contracting agency, the

Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this contract for the purpose of financial audit or program review. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the contract and shall be exempt from disclosure as provided in KRS 61.878(1) (c).

The contractor also recognizes that any books, documents, papers, records, or other evidence, received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884.

In the event of a dispute between the contractor and the contracting agency, Attorney General, or the Auditor of Public Accounts over documents that are eligible for production and review, the Finance and Administration Cabinet shall review the dispute and issue a determination, in accordance with Secretary’s Order 11-004.

DIVISION 0

INDEX OF GENERAL CONDITIONS

SECTION 00700

Section Page

1. Discrepancies and Omissions .......................................................................................GC-3

2. Definitions.....................................................................................................................GC-3

3. Standard Specifications and Abbreviations .................................................................GC-6

4. Modifications ...............................................................................................................GC-8

5. Subcontractors...............................................................................................................GC-8

6. Shop and Working Drawings........................................................................................GC-8

7. Samples .........................................................................................................................GC-9

8. Materials, Workmanship, Services and Facilities.........................................................GC-9

9. Contractor’s Title to Materials......................................................................................GC-10

10. Inspection and Testing ..................................................................................................GC-10

11. Certificates ....................................................................................................................GC-11

12. Manufacturers Specified ...............................................................................................GC-11

13. Standard Products .........................................................................................................GC-12

14. Easements .....................................................................................................................GC-12

15. Permits ..........................................................................................................................GC-13

16. Explosives Transportation ............................................................................................GC-13

17. Protection of Work and Property and Emergency Action ............................................GC-13

18. Reports, Records and Data............................................................................................GC-14

19. Superintendence by Contractor.....................................................................................GC-14

20. Liquidated Damages .....................................................................................................GC-14

21. Breakdown, Payment and Retainage ............................................................................GC-16

22. Insurance .......................................................................................................................GC-17

23. Indemnification .............................................................................................................GC-18

24. Bonds ............................................................................................................................GC-19

25. Right to Operate............................................................................................................GC-19

Johnson Fork Bridge Replacement SECTION 00700 GENERAL CONDITIONS

INDEX OF GENERAL CONDITIONS

(Continued)

Section Page

26. Preconstruction Conference ...........................................................................................GC-19

27. Record Drawings ..........................................................................................................GC-19

28. Taxes .............................................................................................................................GC-19

29. Safety Requirements .....................................................................................................GC-20

30. Clean-Up .......................................................................................................................GC-20

31. General Guaranty ..........................................................................................................GC-21

32. No Damages for Delay..................................................................................................GC-21

33. Handling Claims from Private Property Owners .........................................................GC-21

34. Change Orders .............................................................................................................GC-22

Johnson Fork Bridge Replacement SECTION 00700 GENERAL

CONDITIONS

DIVISION 0

SECTION 00700

GENERAL CONDITIONS

1. DISCREPANCIES AND OMISSIONS

Any discrepancies or omissions found in the Contract Documents shall be reported to the Engineer immediately. The Engineer will clarify discrepancies or omissions, in writing, within a reasonable time.

In resolving inconsistencies among two or more sections of the Contract Documents, precedence shall be given in the following order:

A. AGREEMENT

B. SPECIAL PROVISIONS

C. GENERAL CONDITIONS

D. SPECIFICATIONS

E. DRAWINGS

Figure dimensions on drawings shall take precedence over scale dimensions; detailed drawings shall take precedence over general drawings.

2. DEFINITIONS

Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Contract Documents.

Agreement - The written agreement between the Owner and the Contractor covering the work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein.

Application for Payment - The form accepted by the Owner which is to be used by the Contractor in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents.

Bid - The offer of the Bidder submitted on the Bid Proposal setting forth the prices for the work to be performed.

Bonds - Bid, Performance, Payment, and Maintenance Bonds and other instruments of security.

Change Order - A document recommended by the Engineer, which is signed by Contractor and the Owner, and authorizes an addition, deletion or revision in the work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement.

Contract Documents - The Agreement, Addenda (which pertain to the Contract Documents), Bid Proposal (including documentation accompanying the Bid and any post- Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Special Provisions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all amendments, modifications and supplements issued on or after the Effective Date of the Agreement.

Contract Price - The amount payable by the Owner to the Contractor under the Contract Documents as stated in the Bid Proposal.

Contract Time - The number of calendar days stated in the Proposal for the completion of the work.

Contractor - The person, partnership or corporation with whom the Owner has entered into the Agreement.

Days - Unless stated otherwise, the term "days" shall mean calendar days.

Drawings - The term "Drawings" or "Contract Drawings" refers to the official drawings, profiles, cross sections, elevations, details and other working drawings and supplementary drawings, or reproductions thereof, signed by the Engineer, which show the location, character, dimensions and details of the work to be performed.

Engineer – The person, firm, or corporation named as such in the contract documents.

Field Order - A written order issued by the Engineer which orders minor changes in the work, but which does not involve a change in the Contract Price or the Contract Time.

The Owner - Shall mean the County of Boyd County, Kentucky.

Notice of Award - The written notice by the Owner to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the condition’s precedent enumerated therein, within the time specified, the Owner will sign and deliver the Agreement.

Notice to Proceed - A written notice by the Owner to the Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work under the Contract Documents.

Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work.

Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents.

Record Drawing - A drawing of record which shall consist of Contract Drawings with all revisions and Shop Drawings. This includes all deviations in location, elevation, etc., from that shown on the Contract Drawings and Shop Drawings.

Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for the Contractor to illustrate some portion of the work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by Contractor to illustrate material or equipment for some portion of the Work.

Site - The specific area adjacent to and including the area upon which the Work is performed.

Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto.

Subcontractor - An individual, firm or corporation having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the site.

Substantial Completion - The Work (or a specified part thereof) has progress to the point where, in the opinion of the Engineer, it is sufficiently complete, in accordance with the Contract Documents, so that the work (or specified part) can be utilized for the purposes for which it is intended.

Special Provisions - The part of the Contract Documents which amends or supplements these General Conditions.

Supplier - A manufacturer, fabricator, distributor, material man or vendor.

Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water.

Unit Price Work - Work to be paid for on the basis of unit prices.

Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required or inferred by the Contract Documents.

3. STANDARD SPECIFICATIONS AND ABBREVIATIONS

Wherever reference is made to any published standards, codes or standard specifications, it shall mean the latest standard code, specification or tentative specification of the technical society, organization or body referred to, which is in effect at the date of Notice to Bidders.

Where specified articles, sections, paragraphs or other subdivisions of the referenced publications are not stated, the referenced publication shall apply in full.

In order to avoid cumbersome and confusing repetition of expressions in these specifications, it is provided that whenever anything is, or is to be, done, if, as, or, when or where "contemplated, required, determined, indicated, considered necessary, deemed necessary, permitted, reserved, suspended, established, approval, approved, disapproved, acceptable, unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, insufficient, rejected, or condemned," it shall be understood as if the expression were followed by the words "by the Engineer" or "to the Engineer".

The following is a partial list of typical abbreviations which may have been used in the specifications, and the organization to which they refer:

AA Aluminum Association AAMA Architectural Aluminum Manufacturer's Association AASHO American Association of State Highway Officials AASHTO American Assn. of State Hwy. & Transportation Officials ACI American Concrete Institute AFBMA Anti-Friction Bearing Manufacturers' Association AGAAmerican Gas Association AGMA American Gear Manufacturers' Association AIEEAmerican Institute of Electrical Engineers AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction AMCA Air Moving and Control Association AN, ANS, ANSI American National Standard Institute APA American Plywood Association API American Petroleum Institute AREA American Railway Engineering Association ASA American Standards Association ASAE American Society of Agricultural Engineers ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigerating and Air-Conditioning

Engineers, Inc.

Johnson Fork Bridge Replacement SECTION 00700 GENERAL CONDITIONS

ASME American Society of Mechanical Engineers

ASTM American Society for Testing and Materials AWG American or Brown and Sharpe Wire Gage AWI Architectural Woodwork Institute AWPA American Wood Preservers' Association AWPB American Wood Preservers' Bureau AWS American Welding Society AWWA American Water Works Association BHMA Builders Hardware Manufacturers' Association CBMA Certified Ballast Manufacturers' Association CDA Copper Development Association CISPI Cast Iron Soil Pipe Institute CMAA Crane Manufacturers' Association of America CRSI Concrete Reinforcing Steel Institute FM Factory Mutual Fed. Spec. Federal Specifications HI Hydraulic Institute HMI Hoist Manufacturers' Institute ICBO International Conference of Building Officials ICEA Insulated Cable Engineers' Association IEEE Institute of Electrical & Electronics Engineers, Inc.

INDOT Indiana Department of Transportation ISA Instrument Society of America JIC Joint Industry Conference of Hydraulic Manufacturers MMA Monorail Manufacturers' Association NACE National Association of Corrosion Engineers NASSCO National Association of Sewer Service Companies NBHA National Builders' Hardware Association NBS National Bureau of Standards NEC National Electrical Code NEMA National Electrical Manufacturers Association NESC National Electric Safety Code NFPA National Fire Protection Association or National Fluid Power

Association NLMA National Lumber Manufacturers' Association NPT National Pipe Thread NWMA National Woodwork Manufacturers' Association OECI Overhead Electrical Crane Institute OSHA Occupational Safety & Health Act (both Federal & State) PCA Portland Cement Association PS Products Standards Section - U.S. Dept. of Commerce RLM RLM Standards Institute, Inc.

RMA Rubber Manufacturers' Association

SAE Society of Automotive Engineers SDI Steel Door Institute

SMACNA Sheet Metal and Air Conditioning Contractors National Association, Inc.

SSPC Steel Structures Painting Council TCA Tile Council of America TEMA Tubular Exchanger Manufacturers' Association UBC Uniform Building Code UL Underwriters' Laboratories UN, UNR Unified Standard Series WWPA Western Wood Products Association

4. MODIFICATIONS

No oral statements of any person whomsoever shall in any manner or degree modify or otherwise affect the terms of this Contract.

All directives to the Contractor shall be issued in writing by the Engineer unless otherwise specified in these Contract Documents. All directives from other interested parties shall be issued through the Engineer. All inquiries by the Contractor shall be directed to the Engineer.

5. SUBCONTRACTORS

The Contractor's attention is directed to the Subcontracts sections of the Contract.

6. SHOP AND WORKING DRAWINGS

The Contractor shall furnish a minimum of 5 copies of manufacturers' shop drawings, specific design data as required in the Specifications, and technical literature covering all equipment and fabricated materials which he proposes to furnish under this Contract in sufficient detail to indicate full compliance with the Specifications. Shop drawings shall indicate the method of installing, the exact layout dimensions of the equipment or materials, including the locations, size, and details of valves, pipe connections, etc.

The Contractor shall check all subcontractors' shop drawings regarding measurements, size of members, materials, and details to satisfy himself that they conform to the intent of the Drawings and Specifications. Contractor shall certify on all shop drawings that he has reviewed the shop drawings and finds them to be accurate and in compliance with contract requirements. This certification shall apply to his shop drawings as well as those submitted to him by subcontractors.

No equipment or materials shall be shipped until the manufacturer's shop drawings and specifications or other identifying data, assuring compliance with the Specifications, are reviewed by the Engineer.

Johnson Fork Bridge Replacement SECTION 00700 GENERAL CONDITIONS

The Contractor shall check and verify all field measurements and shall be responsible for the prompt submission of all shop and working drawings so as there shall be no delay in the Work.

Regardless of corrections made in or review given to such drawings by the Engineer, the Contractor will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Drawings and Specifications, unless he notifies the Engineer in writing of any deviations at the time he furnishes such drawings.

Approval by the Engineer of any deviation in material, workmanship or equipment proposed subsequent to review of the shop drawings or design data shall be requested in writing by the Contractor.

All shop drawings submitted by subcontractors for review shall be sent directly to the Contractor for preliminary checking. The Contractor shall be responsible for their submission at the proper time so as to prevent delays in delivery of materials.

All details on shop drawings submitted for review shall show clearly the relations of the various parts to the main members and lines of the structure.

7. SAMPLES

The Contractor shall, as required by the Specifications or as directed by the Engineer, submit to the Engineer for review, typical samples of materials and appliances. The samples shall be properly identified by tags and shall be submitted sufficiently in advance of the time when they are to be incorporated into the Work so that rejections thereof will not cause delay.

A letter of transmittal, in triplicate, from the Contractor, requesting review must accompany such sample. The Work shall be in accordance with review samples.

The procedure outlined in the Special Provisions for Shop Drawings and Working Drawings shall, in general, be used for processing samples, except that only two samples need to be submitted for processing.

8. MATERIALS, WORKMANSHIP, SERVICES AND FACILITIES

It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature, and all other services and facilities of every nature whatsoever necessary to execute, complete, and deliver the Work within the time stated in the Bid Proposal.

Any Work necessary to be performed after regular working hours, on Sundays or legal holidays, shall be performed without additional expense to the Owner.

Unless otherwise specifically stipulated in the Specifications, all workmanship shall be of the best quality, and all equipment, materials and articles incorporated in the Work under the Contract shall be new and of the best grade of their respective kinds for the purpose.

The Contractor shall furnish evidence as to the kind and quality of materials.

Within two weeks following the award of his own Contract, the Contractor must submit, for the Engineer's approval, a list of the names of the manufacturers and vendors to whom the Contractor proposes to award orders for the equipment and materials under each item of the Contract. No awards shall be made by the Contractor and no Work under any Item shall proceed until approval of the manufacturer or vendor has been given.

Such approval, when given, will be only on the basis of the manufacturers' experience clause and similar consideration specified herein, and will in no way imply that the equipment submitted will be approved unless full compliance with the Specifications is demonstrated by such submitted material, to the Engineer's satisfaction.

Submission and processing of shop drawings and data shall be as specified. When, following reasonable corrections and resubmittal of the corrected material for any particular equipment, approval cannot be given, the Engineer will order the Contractor to cancel the order for such equipment, and to place a new order with another manufacturer, regardless of the previous approval of the original manufacturer. Charges incurred by such cancellations shall be borne by the Contractor at no additional cost to the Owner.

The Contractor shall have on hand sufficient proper equipment and machinery of ample capacity to facilitate the Work and to handle all emergencies normally encountered in Work of this character.

9. CONTRACTOR'S TITLE TO MATERIALS

No materials or supplies for the Work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances.

10. INSPECTION AND TESTING

To prevent misunderstanding, the Engineer, within a reasonable time, will decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He will decide all questions which may arise as to the interpretation of the specifications or plans relating to the work, and all questions as to the acceptable fulfillment of the work performed by the Contractor. The Engineer will determine the quantity and quality of the several kinds of work performed and materials furnished which are to be paid for under the contract, and such decision and estimate shall be final and conclusive, and such estimate in case any question arises, shall be a condition precedent to the right of the Contractor to receive any money due under the contract. Any doubt as to the meaning of the contract or specifications, or any obscurity as to the wording of the contract or specifications, will be explained by the Engineer, and all directions and explanations requisite or necessary to make definite any of the provisions of the specifications or contract, or necessary to complete or give them due effect, will be given by the Engineer.

The Contractor may request and will be given written instructions from the Engineer upon any significant item.

The Contractor shall conduct such tests as are described in the KYTC Specifications.

Rejected material shall be removed from the Site of the Work. Work that is unsatisfactory, or fails to comply with the Specifications, shall be corrected by the Contractor at his own expense. Without limiting in any way the Owner’s right to cancel the Contract, any failure to correct Work shall be a violation of the Contract of sufficient magnitude to justify termination by the Owner.

Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials necessary to make tests to determine the acceptability of materials or the quality of workmanship.

11. CERTIFICATES

All materials or equipment delivered to the site shall be accompanied by certificates, signed by an authorized officer of the manufacturing company, guaranteeing that the materials or equipment conform to the Specifications requirements. Such certificates shall be immediately turned over to the Engineer. Materials or equipment delivered to the site without such certificates will be subject to rejection.

12. MANUFACTURERS SPECIFIED

An item equal to that named or described in the Specifications may be furnished by the Contractor, and the naming of any commercial name, trademark, or other identification shall not be construed to exclude any item or manufacturer not mentioned by name or as limiting competition, but shall establish a standard of equality only. An item shall be considered equal to the item so named or described if (1) it is at least equal in quality, durability, appearance, strength, and design; (2) it will perform at least equally the specific function imposed by the general design for the Work being contracted for or the material being purchased; and (3) it conforms substantially, even with deviations, to the detailed requirements for the item in the specifications. The name and identification of all materials other than one specifically named shall be submitted to the Engineer in writing for approval, prior to purchase, use, or fabrication of such items. Subject to the provisions of any applicable laws, approval shall be at the sole discretion of the Engineer, shall be in writing to be effective, and the decision of the Engineer shall be final. The Engineer may require tests of all materials so submitted to establish quality standards at the Contractor's expense. All directions, specifications, and recommendations by manufacturers for installation, handling, storing, adjustment, and operation of their equipment shall be complied with; responsibility for proper performance shall continue to rest with the Contractor.

For the use of material other than the one specified, the Contractor shall assume the cost of, and responsibility for, satisfactorily accomplishing all changes (including engineering costs or redesign by the Engineer), in the Work as shown. If no manufacturer is named, the Contractor shall submit the product he intends to use for approval of the Engineer.

Except as otherwise provided for by the provisions of any applicable laws, the Contractor shall not have any right of appeal from the decision of the Engineer condemning any materials submitted if the Contractor fails to obtain the approval for substitution under this Article. Any additional cost incurred by an approved substitution shall be at the Contractor's expense.

13. STANDARD PRODUCTS

All materials, equipment and accessories furnished by the Contractor shall be new and unused and shall be essentially the standard product of a manufacturer regularly engaged in the production of such material or equipment. The Engineer reserves the right to reject any materials or equipment manufacturer who, although he meets the above requirements, does not provide satisfactory evidence indicating adequate and prompt post-installation repair and maintenance service, as required to suit the operational requirements of the Owner.

14. EASEMENTS/WORK AREAS

A. Rights in Easements

Contractor has the right use the areas designated as "Sanitary Sewer and Drain Easement", “Temporary Construction Easement”, “Temporary Construction Area” and “Drainage Easement” on the plans for this project.

Necessary work on the Sweasy Farms, LLC property will be performed by Consent/Release, to be obtained by the Owner.

It shall be the responsibility of the Contractor to obtain in writing from the Landowner any additional rights he may require or wish to acquire.

The Contractor shall assume full responsibility for claims resulting from damage to any land or improvements used for ingress and egress to such easements.

The Owner shall not be liable for any claims for compensation for delays in providing…