Louisville Jefferson County

Metro Government

Parks & Recreation

Seneca Park Tennis Courts Renovation

REQUEST FOR PROPOSAL

RFP # 260174

PREBID MEETING

Wednesday, February 25, 2026 @2:00 pm

Seneca Park, 3151 Pee Wee Reese Rd Louisville, KY 40207

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REQUEST FOR PROPOSAL

TABLE OF CONTENTS

1. Instructions to Proposers

2. Specifications

3. Evaluation Criteria

4. General Provisions

5. Hold Harmless Agreement and Indemnification Clause and Insurance Requirements

6. Human Relations Commission Required Documentation

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SECTION 1

INSTRUCTIONS TO PROPOSERS

1.1. Introduction

The Louisville/Jefferson County Metro Government (“Metro Government”) is now accepting Proposals for Seneca Park Tennis Courts Renovations.

The process of accepting Proposals and choosing the successful proposer shall be by sealed Requests for Proposals (“RFP’s”) using the competitive negotiation process under KRS 45A.370. The Metro Government, if it chooses to award a contract based on this Proposal, shall do so on the basis of the Proposal which is most advantageous to it based upon the Evaluation Criteria set forth herein.

(KRS 45A.370(5)).

The Metro Government finds that a purchase through competitive negotiation is necessary because specifications cannot be made sufficiently specific to permit an award on the basis of either the lowest bid price or the lowest evaluated bid price.

The Metro Government shall conduct written or oral discussions with all responsible proposers who submit Proposals determined in writing to be reasonably susceptible of being selected for award, except as otherwise provided by law. Where the Metro Government can clearly demonstrate and document from the existence of adequate competition or accurate prior cost experience with the particular supply, service or construction item, the Metro Government may make an award on the basis of the original submitted Proposals.

1.2. Considerations Prior to Submitting a Proposal

1.2.1. Revenue Commission

If you are a Metro Government vendor or you are doing business in Metro Louisville, you should already be registered with the Revenue Commission and have all of your required taxes paid. If you become the successful Proposer, you must be properly registered with the Revenue Commission and have all of your required taxes paid prior to the award of a contract.

You must provide your Revenue Commission Number on the Proposer Information and Proposal Signature Document, unless you do not yet have one.

Contact the Louisville Metro Revenue Commission at (502) 574-4860 for information related to obtaining an account number or verifying current compliance.

1.2.2. Human Relations Commission

There are two affirmative action requirements which apply to Metro Government Contracts: a) Affirmative Action in Employment and b) Affirmative Action in the subcontracting of Minority, Female and Handicapped-owned businesses.

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1.2.2.1. Affirmative Action in Employment

1.2.2.1.1. The Louisville Metro Human Relations Commission (“HRC”) is required determine whether contractors’ employment policies assure employment opportunities are available to all citizens without regard to race, color, religion, national origin, marital status, handicap, sex, sexual orientation or gender identity, or age.

1.2.2.1.2. To make this determination, the HRC will make an inquiry of the successful Proposer pursuant to Louisville Metro Ordinances Section 37.27.

1.2.2.1.3. If you are contacted by Purchasing Division staff notifying of award, and you have not already been “HRC Prequalified”, you will need to contact the HRC at 502-574-3631 for information and assistance on procedures to follow in becoming approved and qualified.

1.2.2.1.4. Proposer acknowledges that the resulting Agreement from this RFP is subject to Louisville/Jefferson County Metro Government Ordinances §37.25-§37.36 and failure to comply with the terms of those Ordinances will be cause for suspension, termination or cancellation of a contract executed hereunder, or rejection of Proposer’s Proposal.

1.2.2.2. Affirmative Action in Subcontracting

1.2.2.2.1. Generally, either a Proposer will use subcontractors or it will do all the work itself.

1.2.2.2.2. If Not Using Subcontractors, you must complete and sign Form GFE-1, which is included with this Proposal in the HRC’s “Good Faith Efforts Requirements” document, to indicate work will be self-performed.

1.2.2.2.3. Failure to include a completed Form GFE-1 with your proposal will cause the proposal to be rejected and deemed nonresponsive.

1.2.2.2.4. If Using Subcontractors, you must follow the instructions and complete the forms in the “Good Faith Efforts Requirements” document included with this Proposal. This includes but is not limited to making the required good faith effort, as that term is defined in the document.

1.2.3. LMCO Louisville Metro Codified Ordinance Policy Certifications LMCO 112.30

1.2.3.1. Per LMCO 112.30(D):

1.2.3.1.1. Vendors who apply for business with Louisville Metro must follow the practice that initial vendor employment applications not contain a "box" or a question of inquiry on the initial application regarding an applicant's prior criminal history and applicants shall not be required to check or otherwise fill in a "box" or respond to an inquiry regarding an applicant's prior criminal history on the vendor's initial employment application, unless as otherwise provided by or required by state and federal law.

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1.2.3.1.2. Failure to adhere to this requirement shall cause your submission not to be considered for award. Louisville Metro shall retain at all times the authority to deny, rescind, revoke, terminate or not renew a contract with a vendor for failing to comply with the standards established by LMCO 112.30.

1.2.4. Requirements Regarding Sexual Assault and Sexual Harassment in the workplace, per

LMCO 39.220-224:

1.2.4.1. Per LMCO 39.222: An Organization executing a contract valued at $50K or more (“Covered Entities" shall not execute any settlement agreement concerning workplace sexual assault, sexual harassment, failure to prevent same or which concern claims of retaliation against a person reporting such matters if such an agreement prevents or restricts the disclosure of factual information related to such claims filed in a civil action or a complaint filed in an administrative action.

1.2.4.2. Reporting Requirements. Per LMCO 39.221: Each covered entity shall annually report to Louisville Metro internal complaints of workplace sexual harassment and sexual assault by employees who reside or work in Louisville/Jefferson County. The report shall be submitted to the Office of Equity.

1.2.4.3. Nondisclosure Agreements. Per LMCO 39.223: No covered entity shall, in exchange for a raise or bonus, or as a condition of employment or continued employment, require an employee to sign any agreement that prohibits the disclosure of information about unlawful acts in the workplace. “Information about unlawful acts in the workplace" includes, but is not limited to, information pertaining to harassment or discrimination or any other conduct that the employee has reasonable cause to believe is unlawful.

1.3. Preferences

1.3.1. Minimum Wage Preference

1.3.1.1. Per Louisville Metro Ordinance Chapter §37.56, preferences shall be given to businesses, which provide their employees a minimum wage equal to or exceeding the minimum wage set forth in §37.55 ("minimum wage business") which is currently $10.10/hour. This minimum wage rate is the rate set by Louisville Metro Council for all full-time Louisville Metro employees.

1.3.1.2. If a business provides its employees at least $10.10/hour, regardless of location or position, the offer price in the Proposal shall be reduced by 5% for the purpose of determining which offer is most advantageous to Metro Government.

1.3.1.3. If this Proposal is for services, and the business intends to use subcontractors to perform all or part of the work required under the contract, the business shall not subcontract more than 20% of the work to non-minimum wage businesses unless such services are not available from minimum wage businesses.

1.3.1.4. If a business receives the Minimum Wage Preference and is awarded a contract under this Proposal, then it must post a sign of the $10.10 minimum wage rate in a conspicuous place and manner so as to inform employees and the public of your minimum wage policy.

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1.3.1.5. If you certify your business as a minimum wage business, are subsequently awarded a contract, and the Metro Government discovers you do not pay your employees at least $10.10 per hour, your business will be liable to the Metro Government for 30% of the amount of the contract awarded.

1.3.1.6. You must complete the Minimum Wage Preference Certification on the Proposer Information and Signature Page included in this Proposal.

1.3.2. Local Vendor Preference

The Metro Government gives Proposals submitted by local vendors a preference.

1.3.2.1. To qualify as a local vendor, a company must:

1.3.2.1.1. Be established in the Louisville Metropolitan Statistical Area (“MSA”), as defined by the United States Census Bureau for twelve (12) consecutive months.

1.3.2.1.2. Possess a current Louisville Revenue Commission account number.

1.3.2.1.3. Have its headquarters located in the Louisville MSA or have a branch office currently located in the Louisville MSA for at least twelve (12) consecutive months prior to the broadcast date of this Request for Proposal.

1.3.2.1.4. Determine whether the City or County within the Louisville MSA in which your business is located has the required reciprocal ordinance which recognizes business located within the Louisville MSA as local businesses for the purpose of a procurement preference. If that City or County does have such an ordinance, you must include a copy of that document in your response to this

RFP.

1.3.2.1.5. Utilize local businesses to furnish at least 75% of the services under a contract awarded hereunder unless such services are not available locally.

1.3.2.2. If the Metro Government determines your business is a local business, based on the standards described here, then your business shall receive a 5% reduction of the total amount you propose or 5 points added to your evaluated Proposal total, depending on the type of proposal evaluation process the Metro Government has decided to use.

1.3.2.3. If the Metro Government concludes your business is a local business for the purposes of this Proposal, and that determination is based on false information, the Proposer shall be subject to a fine equal to 25% of the price quoted in this Proposal.

1.3.2.4. Any petition challenging the designation or award of local vendor preference shall follow the procedures set forth in LMCO §37.03.

1.3.3. Kentucky Statutory Preferences

The Commonwealth of Kentucky requires the Metro Government to apply certain purchasing preferences as set forth in Kentucky Revised Statutes (“KRS”) Sections 45A.470, 45A.490, 492 and 494.

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1. Kentucky Correctional Industries: Products made by the Department of Corrections, Division of Prison Industries, shall receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. (KRS 45A.470, 200 KAR 5:410)

2. Qualified bidder status: Kentucky Industries for the Blind, Incorporated, any nonprofit corporation that furthers the purposes of KRS Chapter 163, or a qualified nonprofit agency for individuals with severe disabilities as described in KRS 45A.465(3) shall receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation.

a. A bidder claiming qualified bidder status shall submit along with its response to a solicitation a notarized affidavit which affirms that it meets the requirements to be considered a qualified bidder. The required affidavit form can be obtained by going to Metro Louisville Metro Government’s Purchase webpage:

https://louisvilleky.gov/government/management-budget/procurement.

3. Reciprocal Preference (KRS 45A.490-494)

a. KRS 45A.490 Definitions for KRS 45A.490 to 45A.494.

1. "Contract" means any agreement of a public agency, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item; and

2. "Public agency" has the same meaning as in KRS 61.805.

b. KRS 45A.492 Legislative declarations. The General Assembly declares:

1. A public purpose of the Commonwealth is served by providing preference to

Kentucky residents in contracts by public agencies; and

2. Providing preference to Kentucky residents equalizes the competition with other states that provide preference to their residents.

c. KRS 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations.

1. Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a public agency, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder.

2. A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding:

https://louisvilleky.gov/government/management-budget/p

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a. Is authorized to transact business in the Commonwealth; and

b. Has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect.

3. A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection

(2) of this section.

4. If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder.

5. This section shall apply to all contracts funded or controlled in whole or in part by a public agency.

6. The Finance and Administration Cabinet shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate administrative regulations in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given.

7. The preference for resident bidders shall not be given if the preference conflicts with federal law.

8. Any public agency soliciting or advertising for bids for contracts shall make KRS 45A.490 to 45A.494 part of the solicitation or advertisement for bids.

A notarized affidavit form for Bidders, Offerors, and Contractors Claiming Resident Bidder Status can be obtained by going to Metro Louisville Metro Government’s Purchase webpage:

https://louisvilleky.gov/government/management-budget/procurement if a proposer wishes to include in their proposal. Unless there are proposal from vendors from states that have a designated percentage or point procurement preference in that state, this preference will not apply.

1.4 Proposal Submittal Requirements

1.4.1 All Proposals must be signed by a duly authorized officer, agent or employee of the Bidder

(See the “Request for Proposal Signature Page” document). Bidder promises that the individual signing the Proposal document for the Bidder has the authority to bind the Bidder.

1.4.2 Sealed Proposals will be accepted until 3:00 p.m. EST on March 10, 2026.

Louisville Metro Government uses a web-based portal for accepting and evaluating proposals digitally (https://louisvilleky.bonfirehub.com/portal). Documents may be uploaded at any https://louisvilleky.gov/government/management-budget/p

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time during the open period. We strongly recommend that you allow sufficient time to complete uploading, submit and finalize your submission before the closing deadline.

If you have any technical questions related to your submission, please contact Bonfire at Support@GoBonfire.com.

You can also visit their help forum at https://bonfirehub.zendesk.com/hc.

1.4.3 Proposals cannot be submitted through the portal after 3:00 p.m. EST on March 10, 2026.

1.4.4 Any inquiries about this RFP shall be addressed in writing on the Bonfire portal.

1.4.5 Changes, Clarifications, Errors, Addenda:

1.4.5.1 Should a prospective Proposer find a discrepancy in or omissions from the specifications or be unclear as to what the specifications mean, the Proposer shall notify Metro Purchasing through the Bonfire portal. The Buyer will provide written clarification to all prospective Proposers. Proposer agrees that the Metro Government will not be responsible for any oral instructions.

1.4.5.2 Clarification of Submittal: The Metro Government may obtain clarification or additional information from a Bidder.

1.4.5.3 Changes/Alterations: Proposer may change or withdraw its Proposal at any time prior to Proposal closing date and time.

1.4.5.4 The Proposer must respond as required in this Proposal; failure to make any required response or provide required information may cause rejection of the Proposal as nonresponsive.

1.4.5.5 Once this Proposal has been signed by Proposer and officially submitted to the Purchasing Department of the Metro Government, Proposer will not be allowed to alter or withdraw its Proposal except with the written permission of the Director of Purchasing.

1.4.5.6 Addenda: The Metro Government may issue an addendum, or addenda, changing some aspect of the Proposal. All addenda, if any, shall be considered in making the Proposal, and such addenda shall be made a part of this Proposal. Before submitting a Proposal, it is incumbent upon each Proposer to be informed as to whether any addenda have been issued, and the failure to cover in the Proposal any such addenda may result in disqualification of that Proposal.

1.4.6 The Metro Government shall not permit a Proposer to withdraw its Proposal for sixty (60) days after Proposals are opened, unless the Metro Government makes a specific exception in writing. Further, Proposal prices shall be firm for a minimum of six (6) months after the Proposal closing date.

1.4.7 Metro Government shall not be responsible for any cost incurred by the Proposer in the preparation of its Proposal.

1.4.8 If the award is divided among or between vendors, written notification will be given to each vendor of the specific items covered on their respective contracts.

1.5 Buyer Information

Name: Kim Henry Email: kim.henry@louisvilleky.gov Phone: 502-574-3491 mailto:Support@GoBonfire.com https://bonfirehub.zendesk.com/hc

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SECTION 2

SPECIFICATIONS

Project Scope:

Metro Parks and Recreation is requesting bids for repairing existing tennis courts at Seneca Park at 3151 Pee Wee Reese Road. This project includes but not limited to: asphalt milling and paving, tennis and pickle ball courts installation, fence work and concrete walk construction as shown on the plans.

NOTE: PRECEDENCE SHALL BE GIVEN TO THE GENERAL PROVISIONS SHOULD ANY PORTION OF THESE

GENERAL CONDITIONS CONFLICT.

A. EXECUTION, CORRELATION, INTENT AND INTERPRETATIONS

1. General Conditions apply with equal force to Contractor’s Subcontractor’s work, extra work, and the like that may be specified herein or performed under this Contractor.

2. If work is required in a manner to make it impossible to produce first-class work, or should discrepancies appear among Contract Documents, request interpretation before proceeding with work. If Contractor fails to make such request, no excuse will thereafter be entertained for failure to carry out work in satisfactory manner. Should conflict occur in or between Drawings and Specifications, Contractor is deemed to have estimated on more expensive ways of doing work unless it shall have asked for and obtained written decision from Louisville Parks before submission of Proposal as to which method or materials will be required.

3. Unless otherwise specified, all materials and equipment shall be of brand, type, or character specified (unless otherwise approved) and of best quality or respective kind. Where a particular make, brand, or type of material or equipment is mentioned in these Specifications, it is to denote a quality standard of article desired but does not restrict Contractor to brand specified;

however, any substitution must meet with the approval of Louisville Parks and Recreation.

Proposed substitutions, which the Responder wishes Louisville Parks and Recreation to consider in evaluation of this proposal, shall be listed where provided for in the Bid Form indicating the amount to be added or deducted from the Base Price Proposal. The burden of proof of the merit of the proposed substitution is upon the proposer.

4. Written interpretations necessary for the proper execution or progress of the Work, in the form of drawings or otherwise, will be issued with reasonable promptness by Louisville Parks and Recreation and in accordance with any schedule agreed upon. Either party to the Contract may make written request for such interpretations. Such interpretations shall be considered with and reasonably inferable from the Contract Documents and may be affected by Field Order.

B. ADMINISTRATION OF THE CONTRACT

1. Louisville Parks and Recreation, or its designee, shall at all times have access to the Work wherever it is in preparation and progress. The Contractor shall provide facilities for such access so Louisville Parks and Recreation may perform its functions under the Contract Documents.

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2. Louisville Parks and Recreation will make periodic visits to the site to observe the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. The Contractor shall notify the Louisville Parks and Recreation Project Manager to identify upcoming work that may require observation and/or review.

3. Louisville Parks and Recreation will have authority to reject work that does not conform to the Contract Documents or does not meet acceptable construction standards. Whenever Louisville Parks and Recreation, in its reasonable opinion, considers it necessary or advisable to ensure the proper implementation of the intent of the Contract Documents, it will have the authority to require special inspection or testing of the Work.

4. Louisville Parks and Recreation will review Shop Drawings and Samples as provided.

5. Louisville Parks and Recreation will prepare Change Orders, and will have authority to order minor changes in the Work per Section 2, Q.

6. If the Contractor fails to correct defective Work or persistently fails to supply materials or equipment in accordance with the Contract Documents, Louisville Parks and Recreation may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated.

7. Substantial Completion and Final Payment.

a. The Contractor shall notify Louisville Parks and Recreation to perform a walk-thru and develop a Punch-list once the project, in his assessment, has reached Substantial Completion. The Punch-list will identify items to be remedied prior to awarding Substantial Completion. Failure to include any items on such list does not alter the responsibility of the Contractor to complete all work in accordance with the Contract Documents.

b. The Contractor shall notify Louisville Parks and Recreation to perform a walk-thru and develop a Punch-list once the project, in his assessment, is Complete. The Punch-list will identify items to be remedied prior to release of final payment. Failure to include any items on such list does not alter the responsibility of the Contractor to complete all work in accordance with the Contract Documents.

c. Louisville Parks and Recreation will receive and review written guarantees and related documents required by the Contract and assembled by the Contractor prior to release of final payment.

d. Neither the final payment nor the remaining retained percentage shall become due until the Contractor submits to Louisville Parks and Recreation:

(1) An Operations Manual which contains all information pertinent to the ongoing operations and maintenance of the equipment. Examples of information include:

(a) Manufacturer/Vendor information and product codes for:

(i) All Equipment and fixtures;

(ii) Playground Surfacing; and

(iii) Light Fixtures, etc.

(b) Mechanical, Electrical, and Plumbing cut-sheets, user guides and other product information.

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(c) Any special care or maintenance instructions.

(2) An Affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which Louisville Parks and Recreation, or its property might in any way be responsible, have been paid or otherwise satisfied.

(3) Consent of surety, if any, to final payment and, if required by Louisville Parks and Recreation, other date establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the Contract, to the extent and in such form as may be designated by Louisville Parks and Recreation. If any Subcontractor refuses to furnish a release or waiver required by Louisville Parks and Recreation, the Contractor may furnish a bond satisfactory to Louisville Parks and Recreation to indemnify him against any such lien. If any such lien remains unsatisfied after all payments are made, the Contractor shall refund to Louisville Parks and Recreation all moneys that the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorney’s fees.

e. The making of final payment shall constitute a waiver of all claims by Louisville Parks and Recreation except those arising from:

(1) Unsettled liens.

(2) Faulty or defective Work appearing after Substantial Completion.

(3) Failure of the Work to comply with the requirements of the Contract Documents.

(4) Terms of any special guarantee required by the Contract Documents.

f. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unsettled.

8. The Contractor, immediately after being awarded the Contract, shall prepare and submit for Louisville Parks and Recreation approval an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project to the extent required by the Contract Documents. This schedule shall indicate the dates for the starting and completion of the various stages of construction and shall be revised as required by the conditions of the Work, subject to Louisville Parks and Recreations’ approval.

C. SUPERVISION AND CONSTRUCTION PROCEDURES

1. The Contractor shall supervise and direct all Work, including sub-contracted work, using its best skill and attention. It shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract.

a. Field layout work – Layout project per drawings with respect to locations on property and elevations in relation to grade. Field establish, maintain grades, lines, levels, locations required for work on the site; be responsible for accuracy of same. Verify grades, lines, levels, locations, and dimensions as indicated. Report any errors or inconsistencies in the above to Louisville Parks and Recreations’ Project Manager before commencing Work.

b. Provide and maintain layout grade stakes. Establish and safeguard benchmarks in at least two widely separated places. As work progresses, establish new benchmarks as required.

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2. The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work, including sub-contracted work. The Superintendent shall be pre-qualified and satisfactory to Louisville Parks and Recreation and shall not be changed except with the consent of Louisville Parks and Recreation, unless the superintendent proves to be unsatisfactory to the Contractor and ceases to be in its employ. The superintendent shall represent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor. Important communications will be confirmed on written request in each case.

3. The Contractor shall be responsible to Louisville Parks and Recreation for the acts and omissions of all its employees and all Subcontractors, their agents and employees, and all other persons performing any of the Work under a contract with the Contractor.

4. The Contractor shall maintain at the site for Louisville Parks and Recreation one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders and other Modifications, in good order and marked to record all changes made during construction. The Drawings, marked to record all changes made during construction (As-builts), shall be delivered to Louisville Parks and Recreation upon completion of the Work.

5. The Contractor shall confine operations at the site to areas shown on the Drawings and as permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment.

6. The Contractor shall do all cutting, fitting or patching of work as may be required to make its parts fit together properly, and shall not endanger any Work by cutting, excavating or otherwise altering the Work or any part of it.

7. The Contractor shall forward all communications to Louisville Parks and Recreation’s Project Manager.

D. LABOR AND MATERIALS

1. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the work.

2. The Contractor shall at all times enforce strict discipline and good order among its employees and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him.

3. Labor: performed in best, most workmanlike manner by mechanics skilled in their respective trades. Standards of work required throughout at such grade as will bring results of first class only.

4. Mechanics whose work is unsatisfactory to Louisville Parks and Recreation or are considered to be careless, incompetent, unskilled, otherwise objectionable shall be dismissed from work upon notice from Louisville Parks and Recreation.

E. WARRANTY

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1. The Contractor warrants to Louisville Parks and Recreation that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these standards may be considered defective. As directed by Louisville Parks and Recreation, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

2. The Contractor and through him each subcontractor is accepting contract for its respective portion of the work agrees to replace and make good, without any expense to Louisville Parks and Recreation, any work or material which may be found to be defective within one year from date of Certificate of Substantial Completion for that part of the Work. This warranty does not relieve Contractor from any obligation assumed under any other provision of the Contract.

3. The Contractor shall warrant and guarantee that the quality of its work to be performed by its agents, employees, or subcontractors, shall be on par or equal to the standards set by the relevant industry conditions. Should it be found that the Contractor’s work does not conform to such standards, Louisville Parks and Recreation shall have the right to hold the contractor in default, and to proceed against the contractor for any damages or costs sustained due to the performance of services by the contractor, its agents, employees, or subcontractors.

F. PERMITS, FEES AND NOTICES

1. The Contractor shall secure and pay for all permits, utility connection services, fees or charges including but not limited to electric service, water service, governmental fees and licenses necessary for the proper execution and completion of the Work, which are applicable at the time responses are received.

2. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and orders of any public authority bearing on the performance of the Work. If the Contractor observes that any of the Contract Documents are at variance therewith in any respect, it shall promptly notify Louisville Parks and Recreation in writing, and any necessary changes shall be adjusted by appropriate Modification. If the Contractor performs any Work contrary to such laws, ordinances, rules and regulations, it shall assume full responsibility thereto.

a. Secure; pay all fees required by public and utility agencies.

b. The Work shall be subject to requirements of codes and regulations having jurisdiction and applicable to the Work.

c. Pay costs incurred for repairing damages to sidewalks, streets, or other public or private property or to any public utilities.

d. Secure certificates of inspection and occupancy that may be required by authorities having jurisdiction over work; deliver same to Louisville Parks and Recreation upon completion of Work.

3. The Contractor shall at all times observe and comply with all laws, ordinances and regulations of the federal, state, and local government, which may in any manner affect the preparation of proposals or the performance of the contract. This includes, but is not limited to, the applicable regulations of the Kentucky and United States Departments of Labor; Title VII of the 1972 Civil Rights Act (EEOC); and the Occupational Safety and Hazards Act (OSHA); and Workmen’s Compensation Insurance coverage for all employees, agents or subcontractors.

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G. SHOP DRAWINGS AND SAMPLES

1. Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any subcontractor, manufacturer, supplier, or distributor, and which illustrate some portion of the Work.

2. Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship, and to establish standards by which the Work will be judged.

3. The Contractor shall review, stamp with its approval and submit, with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other contractor, all Shop Drawings and Samples required by the Contract Documents or subsequently by Louisville Parks and Recreation as covered by Modifications. Shop Drawings and Samples shall be properly identified as specified, or as Louisville Parks and Recreation may require. At the time of submission, the Contractor shall inform Louisville Parks and Recreation in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents.

4. By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that it has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, or will do so, and that it has checked each Shop Drawing and Sample with the requirements of the Work and of the Contract Documents.

5. Louisville Parks and Recreation will review Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. Louisville Parks and Recreation’s acceptance of a separate item shall not indicate acceptance of an assembly in which the item functions.

6. The Contractor shall make any corrections required by Louisville Parks and Recreation and shall resubmit the required number of corrected copies of Shop Drawings or new samples until accepted. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by Louisville Parks and Recreation on previous submissions.

7. Louisville Parks and Recreation’s acceptance of shop drawings or samples shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has informed Louisville Parks and Recreation in writing of such deviation at the time of submission and Louisville Parks and Recreation has given written approval to the specific deviation, nor shall acceptance relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or Samples.

8. No portion of the Work requiring a shop drawing or sample submission shall be commenced until the submission has been accepted by Louisville Parks and Recreation. All such portions of the Work shall be in accordance with approved Shop Drawings and Samples.

H. CLEANING UP

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1. The Contractor at all times shall keep the promises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Work, it shall remove all its waste materials and rubbish from and about the Project as well as all its tools, construction equipment, machinery and surplus materials, and shall clean all glass surfaces and leave the Work “broom clean” or its equivalent, except as otherwise specified.

2. If the Contractor fails to clean up, Louisville Parks and Recreation may do so and the cost thereof shall be charged to the Contractor.

3. The Contractor shall, at all times, keep all streets clear of dirt, mud, and debris.

4. The contractor shall note heavy public usage of the Park. The Contractor shall make every effort to secure the site and minimize disturbance to Park patrons.

I. SUBCONTRACTORS

1. A Subcontractor is a person or organization that has a direct contract with the Contractor to perform any of the Work at the site. A Sub-Subcontractor is a person or organization that has a direct or indirect contract with a Subcontractor to perform any of the Work at the site.

2. Subcontractors and Sub-Subcontractors shall be identified in the bid form. Any deviation from the original listing on the bid shall be presented in writing to, and approved by, Louisville Parks and Recreation prior to change.

3. Nothing contained in the Contract Documents shall create any contractual relation between Louisville Parks and Recreation and any Subcontractor or Sub-Subcontractor.

4. The Contractor shall furnish to Louisville Parks and Recreation as part of the response a list of the names and properly completed qualification forms of the subcontractors proposed for the principal portions of the Work.

5. The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to furnish materials or equipment fabricated to a special design) proposed for portions of the Work designated in the Contract Documents or in the Instructions to Responders to Request for Proposal or, if none is so designated, with any Subcontractor proposed for the principal portions of the Work who has been rejected by Louisville Parks and Recreation. The Contractor will not be required to contract with any Subcontractor or person or organization against which it has a reasonable objection.

6. If Louisville Parks and Recreation requires a change of any proposed Subcontractor or person or organization previously deemed to be pre-qualified by them, the Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued.

7. The Contractor shall not make any substitutions for any pre-qualified Subcontractor or person or organization, unless the substitution is accepted in writing by Louisville Parks and Recreation.

8. All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub-subcontractor) which shall contain provisions that:

a. Preserve and protect the rights of Louisville Parks and Recreation under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights;

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b. Require that such Work be performed in accordance with the requirements of the Contract Documents;

c. Require submission to the Contractor of application for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment;

d. Require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor (via any Subcontractor or Sub-subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner in the Contract Documents for like claims by the Contractor upon Louisville Parks and Recreation;

e. Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance;

f. Obligate such Subcontractor specifically to consent to the provisions of this Paragraph 8.

9. The Contractor shall pay each Subcontractor, upon receipt of payment from Louisville Parks and Recreation, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor’s work, less the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to its subcontractors.

10. Louisville Parks and Recreation shall not have any obligation to pay or to see to the payment of any moneys to any Subcontractor except as may otherwise be required by law.

J. LOUISVILLE PARKS AND RECREATION’S RIGHT TO AWARD SEPARATE CONTRACTS

1. Louisville Parks and Recreation reserves the right to award other contracts in connection with other portions of the Project under these or similar Conditions of the Contract. When separate contracts are awarded for different portions of the Project, “the Contractor” in the Contract Documents in each case shall be the Contractor who signs with separate contract.

2. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work and shall properly connect and coordinate its Work with theirs.

3. If any part of the Contractor’s Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to Louisville Parks and Recreation any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other Contractor’s work as fit and proper to receive its Work, except as to defects that may develop in the other separate contractor’s work after the execution of the Contractor’s Work.

4. The Contractor shall be responsible for any cutting, fitting and patching that may be required to complete its' Work except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering the work and shall not cut or alter the work of any other contractor except with the written consent of Louisville Parks and Recreation.

5. Any costs caused by defective or ill-timed work shall be borne by the party responsible therefore.

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6. If a dispute arises between the separate contractors as to their responsibility for cleaning up as required by Section IV-H, Louisville Parks and Recreation may clean up and charge the cost thereof to the contractors as Louisville Parks and Recreation shall determine to be just.

K. TESTING

1. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to be inspected, tested or approved, the Contractor shall give Louisville Parks and Recreation timely notice of its readiness and of the date arranged so Louisville Parks and Recreation may observe such inspection, testing or approval. The Contractor shall bear all costs of such inspections, tests, and approvals unless otherwise provided.

2. If after the commencement of the Work Louisville Parks and Recreation determines that any Work requires special inspection, testing or approval it will instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice. If such special inspection testing reveals a failure of the Work to comply (1) with the requirements of the Contract Documents or (2), with respect to the performance of the Work, with laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, the Contractor shall bear all costs thereof, otherwise Louisville Parks and Recreation shall bear such costs, and an appropriate Change Order shall be issued.

3. Required certificates of inspection, testing or approval shall be secured by the Contractor and promptly delivered to Louisville Parks and Recreation.

4. If Louisville Parks and Recreation wishes to observe the inspections it will do so promptly and, where practical, at the source of supply.

5. Neither the observations of Louisville Parks and Recreation in its Administration of the Construction Contract, nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from its obligations to perform the Work in accordance with the Contract Documents.

6. Louisville Parks and Recreation shall have the right to inspect any material to be used in carrying out this contract. Louisville Parks and Recreation does not assume any responsibility for the availability of any controlled materials or other materials and equipment required under this contract. The Contractor shall be responsible for the contracted quality and standards of all materials, components or completed work finished under this contract up to the time of final acceptance (12 months from the date of substantial completion) by Louisville Parks and Recreation. Materials, components or completed work not complying therewith may be rejected by Louisville Parks and Recreation and shall be replaced by the Contractor at no cost to Louisville Parks and Recreation s. Any materials or components rejected shall be removed within reasonable time from the premises of Louisville Parks and Recreation at the entire expense of the Contractor, after written notice has been mailed by Louisville Parks and Recreation to the Contractor that such materials or components have been rejected.

L. TIME

1. Definitions:

a. The Contract Time is the period of time allocated in the Contract Documents for completion for completion of the Work.

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b. The date of commencement of the Work is the date established in a Notice to Proceed. If there is not a notice to proceed, it shall be the date of the Agreement, or such other date as may be established therein.

c. The Date of Substantial Completion of the Work or designated portions thereof is the Date certified by Louisville Parks and Recreation when construction is sufficiently complete, in accordance with the Contract Documents, so that Louisville Parks and Recreation may occupy the Work or designated portion thereof for the use for which it is intended.

d. The term day as used in the Contract Documents shall mean calendar day, a period of 24 hours beginning at 12:00 midnight.

2. All time limits stated in the Contract Documents are of the essence of the Contract.

3. The Contractor shall begin the Work on the date of commencement as defined. He shall carry the Work forward expeditiously with adequate forces and shall complete it within the Contract Time.

4. If the Contractor is delayed at any time in the progress of the Work by an act or neglect of Louisville Parks and Recreation, or by any separate contractor employed by Louisville Parks and Recreation, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties, or any causes beyond the Contractor’s control, or by delay authorized by Louisville Parks and Recreation pending arbitration, or by any cause which Louisville Parks and Recreation determines may justify the delay, then the Contract Time shall be extended by Change Order for such reasonable time as determined by Louisville Parks and Recreation.

5. All claims for extension of time shall be made in writing to Louisville Parks and Recreation no more than ten (10) days after the occurrence of the delay; otherwise, such claims shall be waived. In the case of a continuous cause of delay only one claim is necessary.

M. SCHEDULE OF VALUES

1. Before the first Application for Payment, the Contractor shall submit to Louisville Parks and Recreation a schedule of values – standard AIA format – following Master Spec Division Breakdown of the various portions of the Work including Division Amount, Contractor’s contract amount, and quantities if requested by Louisville Parks and Recreation, aggregating the total Contract Sum, divided so as to facilitate payments to Subcontractors in accordance with bid document and prepared in such form as specified or as Louisville Parks and Recreation and the Contractor may agree upon, and supported by such data to…