2024 RFP Natural Gas Reliability Upgrades.pdf

RFP FOR 2024 NATURAL GAS SYSTEM RELIABILITY UPGRADES

PROPOSAL

CONTRACT AND SPECIFICATIONS

FOR

RFP FOR 2024 NATURAL GAS SYSTEM RELIABILITY UPGRADES

THE WATER, LIGHT AND SINKING FUND COMMISSIONERS

OF

THE CITY OF DALTON, GEORGIA

COMMISSIONERS

JOE YARBROUGH-CHAIRMAN

MARK MIXER

JACKIE KILLINGS

TOMMY BOGGS

ED ANTHONY

JOHN THOMAS

CHIEF EXECUTIVE OFFICER

DALTON UTILITIES – 2024 NATURAL GAS SYSTEM RELIABILTY UPGRADES

TABLE OF CONTENTS

Advertisement for Bids

Instruction to Bidders

Contractor’s Bid

General Conditions, Plans and Specifications

Construction Contract

Non-Collusion Affidavit

Statement of License Certificate

Corporate Certificate

Performance Bond

Payment Bond

E-Verify Affidavits

Attachment 1

I

II

III

IV

V

VI

VII

VIII

IX

X

XI

XII

ADVERTISEMENT FOR BIDS

FOR

RFP FOR 2024 NATURAL GAS SYSTEM

RELIABILTY UPGRADES

FOR

THE BOARD OF WATER, LIGHT AND

SINKING FUND COMMISSIONERS

OF THE

CITY OF DALTON, GEORGIA

D/B/A DALTON UTILITIES

Sealed Proposals for 2024 NATURAL GAS SYSTEM RELIABILTY UPGRADES for the

BOARD OF WATER, LIGHT AND SINKING FUND COMMISSIONERS OF THE CITY OF

DALTON, GEORGIA D/B/A DALTON UTILITIES (“Owner”) will be received in the

Auditorium of the Dalton Utilities’ Administration Building at 1200 V.D. Parrott Jr. Parkway at

10:00 A.M. local time Wednesday, February 14, 2024 at which time they will be publicly opened and read. If submitting by mail send sealed bids to PO Box 869 Dalton, GA 30722; Attention:

David Keaton

Work Scope: The project will consist of, but is not limited to, a contract that will be signed on or about, Monday, February 26, 2024 after the bids have been reviewed and evaluated. Official contract start date will be Monday, March 4, 2024 and will continue through December 31, 2024.

Work will include forty (40) hours a week labor, excluding holidays and inclement weather.

Contractor will be responsible for having equipment and tools required for the construction of gas mains (both Steel and HDPE), gas services (both threaded and welded meter set builds), and performing other distribution work related to the improvement of Dalton Utilities’ natural gas distribution system per Dalton Utilities specifications. All sites must be tested for leaks and repaired if necessary after pressurizing line.

PROJECT REQUIREMENTS:

All work must be performed in accordance with Dalton Utilities’ Standard Specifications as outlined in the Dalton Utilities natural gas system operations and maintenance SOP manual.

Contractor will provide Dalton Utilities with a copy of their DOT Anti-Drug and Alcohol Misuse

Plan along with access to any documentation necessary for compliance with applicable federal or state regulatory requirements prior to the Mandatory Pre-Bid Meeting for Dalton Utilities’ review.

Contractors who have implemented their own Operator Qualification Plan must submit a copy, along with procedures used for qualification purposes, prior to the Mandatory Pre-Bid Meeting for

Dalton Utilities’ review. Qualification records of employees who will perform covered tasks will be made available with the bid for Dalton Utilities’ review. Photographic I.D. should be carried at all times so records can be related to the individual worker.

A preconstruction meetings will be held at Dalton Utilities prior to beginning field work.

The Contractor shall provide a 1 year warranty on all work performed.

Contractor shall possess and provide evidence to Dalton Utilities of a valid Georgia Utility

Contractor’s License.

Contractor must be a member of Georgia E-Verify and complete the affidavit included as Section

10.

The project ends on December 31, 2024.

The Contractor will be responsible for acquiring any other permits or licenses required to complete the work. The Contractor will complete all necessary clean-up and restoration work to include filling, finish grading, grassing, landscaping, pavement repairs, driveway repairs, culvert repairs, drainage ditch restoration and other necessary restoration activities such that post construction conditions are DEEMED SATISFACTORY TO THE OWNER.

The Owner is authorized to issue change orders, without the necessity of additional requests for bids, within the scope of the Project when appropriate or necessary in the performance of the contract. No additional work shall be performed unless authorized by the Owner. The bidder declares that it understands that the unit price quantities shown in the proposal are subject to adjustment by either increase or decrease, by the Owner, and that should the quantities of any of the items of the work be increased, the bidder proposes to do additional work at the unit prices stated herein; and should the quantities be decreased, the bidder also understands that payment will be made on actual quantities at the unit price bid and will make no claim for anticipated profits for any decrease in the quantities, and that quantities will be determined upon completion of the Work at which time adjustment will be made to the contract amount by direct increase or decrease.

Bidder Pre-Qualification: Pre-qualification of the bidder’s for this project is required. Bidders must submit a pre-qualification package containing requested information to the office of Dalton Utilities by

Wednesday, January 17, 2024 at 5:00 P.M., local time. All applicants submitting pre-qualification documentation will be notified of their status via phone call to the contact person listed in the package by

Friday, January 19, 2024 at 5:00pm. Only bids submitted by properly pre-qualified bidders will be opened.

Mandatory Pre-Bid Meeting: A mandatory pre-bid meeting will be held at Dalton Utilities for all properly pre-qualified bidders. This meeting will be held on Wednesday, January 24, 2024 at 10:00 A.M. in the upstairs auditorium at the Dalton Utilities’ Administration Building located at 1200 V.D. Parrott Jr.

Parkway in Dalton, Georgia. This meeting is mandatory and if a properly pre-qualified bidder does not attend on time, then Dalton Utilities will not open a bid from this contractor.

Time Allotted: All work as specified herein shall be complete by December 31, 2024.

Bids: Bids shall be in the form of a firm and fixed price for the scope of work articulated in project documentation. Unit prices provided by bidders shall be applicable in the event of a change to the scope of work authorized by the Owner. Complete the bid sheet (Section 3) and provide a total bid price for the project based on the assumed units. This bid is for all labor and equipment necessary to install the natural gas infrastructure as shown on the plan. All materials for the project will be furnished by Dalton Utilities except for erosion control materials.

Contractor’s License: All bidders must possess any and all licenses and permits as may be required by applicable federal, state and/or local law/ordinances. The Georgia Utility Contractor License Number shall be written on the face of the bid.

Bid Bond: A bid bond will be required in the amount of $250,000.00.

Performance and Payment Bond: A contract performance bond in the amount of $250,000.00 and a payment bond, in an amount of $250,000.00, will be required of the successful bidder.

Withdrawal of Bids: Except as provided in O.C.G.A. Section 36-91-43, no submitted bid may be withdrawn for a period of sixty (60) days after the scheduled closing time for the receipt of bids.

Additional Instructions to Bidders, Drawings, Specifications and Contract Documents: Additional instructions to bidders, drawings, specifications, and other contract documents may be examined at Dalton

Utilities, Engineering Services, 1200 V.D. Parrott Jr. Parkway, Dalton, Georgia. Drawings, Specifications and Contract Documents may be obtained at Dalton Utilities’ website www.dutil.com or in person at

Dalton Utilities, 1200 V.D. Parrott Jr. Parkway, Dalton, Georgia 30722.

Acceptance or Rejection of Bids: The right is reserved to accept or reject any and all bids and to waive technicalities and informalities.

Statutory Requirements: Notwithstanding any provision of this advertisement, all proposals must also comply with the minimum applicable requirements of Chapter 91 of Title 36 of the Official Code of Georgia

Annotated.

THE BOARD OF WATER, LIGHT AND SINKING FUND

COMMISSIONERS OF THE CITY OF DALTON, GEORGIA

By: John Thomas, Chief Executive Officer http://www.dutil.com/

Section 2 – Instruction to Bidder

Bids received until 10:00 A.M., Local Time, Wednesday, February 14, 2024

Instructions to Bidders

I. Definitions:

Unless otherwise defined in this document, capitalized terms have the meaning defined in the

Contract.

II. Evaluation of Bidders:

The Contract will be awarded pursuant to O.C.G.A. Section 36-91-21 to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. A responsible bidder is a person or entity that has the capability in all respects to perform fully and reliably the Contract requirements as determined by Dalton Utilities (“Owner”). A responsive bidder is a person or entity that has submitted a bid that conforms in all material respects to the requirements set forth in the invitation for bids as determined by Owner. Factors to be considered may include, but are not necessarily limited to the following:

A. Determination of Contract Awardee:

The Owner reserves the right to award the project to the Contractor who presents a bid that is determined to be the best overall value to the Owner. This does not guarantee award of the project to the lowest bidder. Award of this contract will be based on a combination of price, schedule, previous experience on similar projects, references from other sources having employed the contractor and all other requirements detailed in this document and all contract documents.

The owner will determine which is the lowest responsible and responsive bidder based on:

1. Completeness: The completeness and regularity of the bid form.

2. Exclusions: Bid form without exclusions, alternatives or special conditions.

3. Contract Time: The project ends on December 31, 2024.

B. Qualifications of Bidders:

Each bidder must submit as part of its bid proposal a completed Statement of Bidder’s

Qualifications.

The bidder must maintain a permanent place of business.

The bidder must have adequate technical experience on similar projects of comparable size.

The bidder must have sufficient resources (including but not limited to labor, equipment, and financial resources) to complete the Project by the Completion Date and maintain timely progress as determined by the Owner. The bidder should consider existing commitments in determining adequate personnel and equipment availability throughout the Project so as to stay on schedule and finish all Work by the Completion Date.

The bidder shall possess all necessary certifications for the bidder as an entity, for individuals in its employ, and for all associated equipment to complete the Project by the Completion Date. Any reference made to necessary certifications includes but is not limited to conforming to the standards of all applicable technical society, organization, body, code and standards. In a case where the Owner establishes a more stringent qualification, the more stringent qualification shall prevail. In addition, necessary certifications shall include all applicable requirements of local codes, utilities, and any other authorities having jurisdiction regarding the Projects. The bidder must have a damage prevention program in place providing for coordination of excavating with the Utilities Protection Center of Georgia and have the provisions for a readily available location for the excavation permit on site for the particular excavation. This information shall be delivered in writing prior to commencement of Work on the Project.

The bidder shall have all necessary licenses and permits to complete the Project by the Completion

Date. All licenses and permits must give the bidder authority to perform the Work including similar licensing for reference in the bidder’s State of origin.

If the Contract is awarded to the bidder, the bidder must obtain and maintain insurance coverage of the types and amounts set forth in the Construction Contract.

III. Interpretation of Drawings and Specifications:

If any Bidder has any question as to the true meaning of the scope of any part of the Work, it shall submit to the Owner a written request for an interpretation thereof. The entity submitting the request will be responsible for its prompt delivery in ample time for an interpretation to be issued before the bid opening date. Questions must be received by 5:00 P.M. on Friday, January 19, 2024 and answers to the questions will be given by 5:00 PM on Tuesday, January 23, 2024.

Interpretations of the documents will be made only by addendum, and a copy of the addendum will be made available to each entity receiving a set of the documents. The Owner will not be responsible for other interpretations of the documents. The bids shall be opened publicly, and evaluated by the Owner without discussion with the bidders.

IV. Complete Work Required:

The specifications, the Drawings and all Contract Documents are essential parts of the Contract.

Application requirements occurring in one are as binding as though occurring in all. All requirements are intended to be complementary, and to describe and provide for the complete work.

V. Pre-qualification Submittal:

The bidder shall provide Corporate experience including:

The applicant has operated under the current corporate name for the last 4 years.

Provide name, address and telephone number of applicant’s corporate headquarters, relevant regional office (s) and subsidiaries, if any. Provide name, title and biographical summary of all corporate officers.

Provide Georgia State Utility Contractor’s identification number.

The applicant has sufficient bonding capacity to provide performance and payment bonds, both in the amount of $250,000.00.

Provide statement of bonding capacity, bonding company and insurance agent contact person and telephone numbers.

The applicant has access to adequate equipment to complete the project. Provide a statement that the applicant has never failed to complete a project. If this is not the case, explain. The applicant has a history of completing projects consistently on time and within the bid amount.

Provide a statement that the applicant has not been involved in liquidated damages in the past 5 years or served the Owner with a claim for additional compensation prepared by an attorney or a claims consultant, excluding routing change order requests. If this is not the case, explain.

The applicant has a history of not being involved in litigation against Owners or Engineering Firms.

The applicant should provide a statement that they have not been involved in litigation as a plaintiff against the Owner or Engineering Firm in the past 5 years. If this is not the case, explain.

The applicant has available project management personnel with at least two years’ experience on projects with the technical characteristics to complete the project.

Provide experience for proposed on-site field superintendent who would supervise and be in charge of the project. Experience can be from previous employment but must be pertinent to technical requirements of the project.

If your firm is the successful bidder, key personnel must be actively involved in the day-to-day operations of construction of the project.

List all other projects currently under contract, the current contract amounts and scheduled completion.

Bidder will be required to have a DOT Anti-Drug and Alcohol Misuse Plan and an Operator

Qualification Plan and provide the procedures used for Operator Qualifications to the Owner no later than Wednesday, January 17, 2024 by 5:00 P.M., unless a pre-qualification package has already been approved by the Owner within the past 12 months.

The applicant’s pre-qualification package should be signed by an officer of the company. No bid shall be opened unless the bidder has been approved by Dalton Utilities prior to the bid opening date. If the bid is submitted by a joint venture, all parties to the joint venture must individually satisfy the pre-qualification requirements.

This package shall be sent to the Owner at Dalton Utilities, PO Box 869 Dalton, Ga. 30722, Attention: David Keaton, Manager of Energy Engineering. The package must be received by the

Owner no later than 5:00 P.M. on Wednesday, January 17, 2024.

Applicants will be advised of their pre-qualification status by 5:00 P.M. on, Friday, January 19, Section 3 – Bid

Project Description: RFP FOR THE 2024 NATURAL GAS SYSTEM RELIABILITY

UPGRADES

Proposal of ________________________________________________________

(here in after called “Bidder”), To: The Board of Water, Light and Sinking Fund Commissioners of the City of Dalton, Georgia.

Gentlemen:

The Bidder, in compliance with your Advertisement for Bids for the construction of this project, having examined the Drawings and Specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor and equipment to construct the project in accordance with the Contract Documents, within the time set forth therein, and at the unit prices as reflected on page 10 of this document. These prices are to cover all expenses including overhead and profit incurred in performing the work required under the Contract Documents, of which this proposal is a part.

Bidder hereby agrees to commence work under this contract on or before a date to be specified in written Notice to Proceed of the Owner and to fully complete the project by December

31, 2024 thereafter as stipulated in the Specifications.

Bidder agrees to perform all necessary work as described in the Specifications and shown on the Plans to complete the Project as specified including all appurtenant and accessory work for the attached price(s).

The attached price(s) shall include all labor, equipment, supplies, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder agrees that, should the scope of work to be performed change during the project and those changes are accepted by both parties as outlined in the construction contract, additional work will be completed at or below mentioned unit rates.

Bidder understands that the Owner reserves the right to reject any or all Bids and to waive any informality in the bidding.

The Bidder agrees that this Bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving Bids.

Upon receipt of written notice of the acceptance of this Bid, Bidder will execute the formal contract attached within twenty (20) calendar days and deliver surety bonds and certificate(s) of insurance as required by the Contract Documents. The Bid security attached in the sum of

$250,000.00 is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby.

Respectfully submitted:

By_________________________________

Signature

Title________________________________

Business Address

ATTEST:

Name_____________________________

(Please Type)

Title______________________________ (SEAL)

Note: Attest for corporation secretary; for a partnership by another partner; for an individual By a Notary.

Section 3

Lump Sum Bid Sheet for

2024 NATURAL GAS SYSTEM RELIABILITY UPGRADES

Approx. Total

Item No. Quantity Unit Description Price

GAS MAIN/SERVICE

1.) 1 LF 2" HDPE Pipe by open cut $

2.) 1 LF 2" HDPE Pipe by directional drill $

3.) 1 LF 4" HDPE Pipe by open cut $

4.) 1 LF 4" HDPE Pipe by directional drill $

5.) 1 LF 4" Steel Pipe by open cut $

6.) 1 LF 4" Steel Pipe by directional drill $

7.) 1 LF Services HDPE 2" or less $

EXTRA WORK ITEMS

8.) 1 CY Open Cut Rock Removal by Hydraulic Hammer $

9.) 1 LF Directional Drill With Pneumatic Head (Rock) $

10.) 1 Hrs. Crew Time (3 People Minimum) $

11.) 1 LF Seed & Straw for Erosion Prevention $

12.) 1 Hrs. Welder $

TOTAL BID FOR MAIN AND SERVICE IMPROVEMENTS $

Labor & Equipment

Crews will consist of 3 men, excavator, dump truck, air compressor, mud vac and required tools.

NOTE: Allowance items are for additional work ordered by the owner

Contractor unit prices are all inclusive and should cover all items detailed in the scope of work.

Welder onsite only when needed. Erosion control materials such as grass seed, straw, etc. are to be provided by contractor.

Section 4 – General Conditions, Plans and Specifications

Contractors Obligations:

The Contractor shall, in good workmanlike manner, perform all work and furnish all machinery, equipment, facilities and means except as herein otherwise expressly specified, necessary and proper to complete all work required by the Construction Documents and any and all supplemental plans and drawings of the work, and in accordance with the directions of the Owner as given from time to time during the progress of the work. The Contractor shall furnish, erect, maintain, and remove such permanent and temporary construction work may be required. The Contractor alone shall be responsible for the safety, efficiency, and adequacy of it methods, workmanship, and for any damage which may result from its failure or its improper construction, maintenance, or operation. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of the Contract Document Specifications, and shall do, carry on, and complete the entire work to the satisfaction of the Owner.

Note: The Contractor shall immediately notify the Owner upon becoming aware of any circumstances/factors that may negatively impact the Project Completion Date or bid amount so that the circumstances/factors can be reviewed/evaluated and a joint corrective action plan be developed.

Owners Authority:

The Owner shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials. The Owner shall decide the meaning and intent of any portion of the Contract

Documents where the same may be in dispute. The Owner’s decisions shall be final and conclusive, except as herein otherwise expressly provided.

Any difference or conflicts in regard to the work, which may arise between the Contractor under this Construction Contract and other contractors performing work for the Owner, shall be determined by the Owner.

The Owner is not, in any way, responsible for the construction means, controls, techniques, sequences, procedures, or construction safety.

Time Period for Performance of the Work:

The time period for completion of the work is specified in the Construction Contract. Additionally, the Contractor shall comply with specified order of work requirements and intermediary completion dates as specified below for specific tasks to be accomplished as part of the overall

Project. Meeting the overall Completion Date as well as any task-specific completion dates are

ESSENTIAL CONDITIONS of this Contract. Work shall begin on the agreed date specified in the Notice to Proceed. The Contractor shall deploy labor, materials and equipment such that work is prosecuted regularly, diligently, and without interruption at a rate of progress that will ensure meeting all final or task specific completion dates. Specified order of work requirements and intermediary completion dates are as follows:

Once commenced, this work shall be completed in the shortest time possible such that the disturbance time period is minimized and the project can be inspected, a punch list developed and completed, as-built drawings provided and the project designated as complete by the Owner. Disturbed areas shall be backfilled, finish graded, grassed and seeded as soon as possible such that the area is “stabilized” as soon as possible.

Project Schedule:

The Contractor shall upon request deliver to the Owner a Proposed Project Schedule outlining the order of Work and associated timeframes such that the required scope of Work can be successfully completed by the completion date. The Proposed Project Schedule shall incorporate any intermediary deadlines for completion of particular items of Work as outlined herein. This Project

Schedule shall be in a form satisfactory to the Owner, showing at least the proposed dates of commencement and completion of each milestone identified between the owner and the contractor during the planning process. This Project Schedule is subject to review and approval by the Owner.

The Contractor shall submit an updated progress schedule at each scheduled progress meeting such that progress can be routinely monitored and tracked.

Environmental, Health and Safety:

The Contractor shall perform all necessary action at all times during the construction period to ensure the protection of all persons performing Work on the Project, the general public and the environment. In emergencies affecting the safety of persons, the work or property at the Project site or adjacent thereto, the Contractor, without special instruction or authorization from the

Owner, shall act to prevent threatened damage, injury or loss. The Contractor shall make prompt written notice to the Owner of any changes in the work or deviations from the Contract Documents caused thereby. Safety and health facilities and procedures shall be in accordance with the requirements of the National Occupational Safety and Health Act of l970, as amended. The

Contractor shall comply with the Department of Labor's Safety and Health Regulations for construction promulgated under the National Occupational Safety and Health Act of l970, as amended (P. L. 9l-596), and under Section l07 of the Contract Work Hours and Safety Standard

Act (P. L. 9l-54).

All construction debris and construction waste shall be properly stored and disposed in accordance with applicable Federal, State and Local regulations/ordinances. All chemicals used during Project construction or furnished for Project operation, whether herbicide, pesticide, disinfectant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residue shall be in strict conformance with manufacturer’s instructions and applicable

Federal, State and Local regulations/ordinances.

The Contractor shall originate, review and, at all times during the construction period, comply with all requirements of an Erosion, Sedimentation and Pollution Control Plan. Upon review of the

Plan and prior to starting Work, the Owner and the Contractor shall jointly complete the required

Notice of Intent provided in the Contract Documents. At the pre-construction meeting, the

Contractor shall provide the Owner with a copy of the Company’s Environmental, Health and

Safety Program and a Project specific plan as to how the Contractor is to complete the Project in a safe and environmentally protective manner.

Laws of the Place:

The Contractor shall complete the Project in accordance with the applicable national, state, county, and municipal laws, ordinances, and regulations. The Contractor shall keep itself fully informed of those laws, ordinances, and regulations which would, in every way, affect those engaged and employed in the Project, the materials used in the Project, and the conduct of the Project; and the

Contractor shall keep itself fully informed of all orders and decrees of bodies and tribunals having jurisdiction and authority over the Project. If discrepancies or inconsistencies, or both, should be discovered in the Construction Documents, in relation to laws, ordinances, regulations, orders, and decrees, the Contractor shall forthwith report the fact, in writing, to the Owner. The Contractor shall protect and indemnify the Owner, its officers, agents, and employees, against claims and liabilities arising from, or based on, the violation of those laws, ordinances, regulations, orders, and decrees, whether by the Contractor or by its employees, agents or subcontractors.

Licensing/Permits:

The Contractor shall have all necessary licenses and permits to complete the Project by the

Completion Date. All licenses and permits must provide the Contractor authority to perform the

Work including similar licensing for reference in the Contractor's state of origin. This includes any permits required by local government authorities. Subcontractors are required to have a current Georgia Utility Contractor’s License.

Certifications:

The Contractor shall possess all necessary certifications for the Contractor as an entity, for individuals in its employ, and for all associated equipment to complete the Project by the

Completion Date. Necessary certifications include but are not limited to conforming to the standards of all applicable technical societies, organizations, bodies, codes and standards. All materials shall meet or exceed these necessary certifications including material fabrication. In a case where the Owner establishes a more stringent qualification, the more stringent qualification shall prevail. In addition, necessary qualifications shall include all applicable requirements of local codes, utilities, and any other authority having jurisdiction.

Competent Labor:

The Contractor shall only employ competent and skilled personnel to perform the Work. The

Contractor shall at all times have a superintendent who is satisfactory to the Owner and who is capable of acting as the Contractor's agent on this work. This superintendent shall receive instructions from the Owner or its authorized representative. The superintendent shall have full authority to execute the orders and directions of the Owner without delay, and to promptly supply materials, tools, plant equipment, and labor as may be required. The Contractor shall upon demand by Owner, immediately remove that superintendent, foreman, and/or workman whom the Owner may consider to be incompetent or undesirable, or both.

Materials, Services and Facilities:

The Contractor acknowledges that except as otherwise specifically stated in the Contract

Documents, the Contractor shall provide and pay for all labor, tools, equipment, transportation, superintendence, temporary construction of every nature, and all other services and facilities of every nature whatsoever necessary to, complete, deliver the Work within the specified time.

Materials and equipment shall be stored in a manner to insure the preservation of their quality and fitness for the work. Contractor shall provide the Owner’s inspector with confirmation that authorization was granted from any property owner prior to storing any Project materials on private property. Owner’s inspector may verify such authorization with the property owners.

Extras:

Without invalidating the Construction Contract, the Owner may order extra work or make changes by altering, adding to or deducting from the Work and the consent of the Surety being first obtained where necessary or desirable. All Work bid upon shall be paid for at the price stipulated in the

Proposal, and no claims for any extra Work or materials shall be allowed unless the Work is ordered in writing by the Owner and the price is stated in such order.

Owner's Right to Withhold Certain Amounts and Make Application Thereof:

The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies including commissary, incurred in the furtherance of the performance of the Construction Contract. The

Contractor shall furnish satisfactory evidence that all obligations of the nature herein above designated have been paid, discharged, or waived. If the Contractor fails so to do, then the Owner, may after having served written notice on the said Contractor, either directly pay said unpaid bills, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Construction Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or its

Surety. The Owner shall not be liable to the Contractor for any such payments made in good faith.

Changes/Deviations from Plans and Specifications:

Should the Contractor encounter, or the Owner discover, during the progress of the Work, conditions at the site materially differing from those shown on the Drawings or indicated in the

Specifications, or unknown conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Drawings and Specifications, the attention of the Owner shall be called immediately to such conditions before they are disturbed. The Owner shall thereupon promptly investigate the conditions, and if it finds that they do so materially differ, the Contract shall be modified, with the written approval by the Owner, to provide for any increase or decrease of costs or difference in time resulting from such conditions. No changes in Work shall be made without prior written approval by the Owner.

The Contractor shall proceed with the performance of any changes in the Work so ordered in the field by the Owner unless the Contractor believes said change entitles it to a change in Contract price and/or time, in which event the Contractor shall give the Owner written notice thereof within seven days after receipt of the field order and shall not execute the field change pending the execution of a Change Order unless the change is for accident prevention as cited herein.

Upon request, the Contractor shall furnish the Owner an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered. Source point documentation of claimed costs is required. In figuring these changes, instructions for measurement of quantities set forth in the Specifications shall be followed.

Charges or credits for the Work covered by the approved change shall be determined by one or more, or a combination of the following methods. All charges or credits must be pre-approved in writing by the Owner.

Unit Prices Unit prices contained in extra work items or as subsequently approved. The unit prices shall include allowances for overhead and profit. This is the Owner preferred method.

Lump Sum An agreed upon lump sum to include all labor, equipment, overhead and profit.

Actual Cost The actual cost, verified by daily approved time sheets, to include all labor, materials, equipment, overhead and profit.

Claims for Extra Cost:

No claim for extra work or cost shall be allowed, unless the same was done in pursuance of a prior written approval by the Owner and the claim is presented with the first estimate after the changed or extra work is done.

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

Inspection and Testing of Materials:

Unless otherwise specifically provided for in the Specifications, the inspection and testing of material and finished articles to be incorporated in the Work at the Project site shall be made by bureaus, laboratories, or agencies arranged for by the Contractor and as approved by the Owner.

The Contractor shall furnish all such extra quantities of materials and items as may be required for testing, and shall deliver it to the laboratory. The cost of furnishing and delivering samples to the laboratory shall be paid for by the Contractor.

Where the Detailed Specifications calls for certified copies of mill or shop tests to establish conformance of certain materials with the Specifications, it shall be the responsibility of the

Contractor to assure the delivery of such certifications to the Owner.

No materials or finished articles shall be incorporated in the Work until such materials and finished articles have passed the required tests. The Contractor shall promptly segregate and remove rejected material and finished articles from the site of the work.

The testing and approval of materials by the laboratory or laboratories approved by the Owner shall not relieve the Contractor of any of its obligations to fulfill its Contract and warranty of workmanship and materials. The Contractor may, at its option, and at its expense, cause such other tests to be conducted, as it may deem necessary to assure suitability, strength, and durability of any material or finished articles.

"Or Equal" Clause:

Whenever a material or article required is specified or shown on the Plans by using the name of the proprietary product or of a particular manufacturer or vendor, any material or article which will meet the design criteria and is equal in function and durability may be submitted to the engineer for approval. The engineer will determine if the material or article can be substituted for the named product. Equipment named in the proposal section of the contract documents shall be furnished as named.

Pre-Construction Meeting/Notice to Proceed:

Upon signing of the Contract Documents, a pre-construction meeting shall be scheduled by the

Owner. At or before this pre-construction meeting, the Notice to Proceed will be provided to the

Contractor and specific administrative, technical and logistical issues associated with the Project shall be discussed. The Contractor shall provide the Owner the following at the pre-construction meeting:

1. Copies of all required licenses, permits and certifications or a plan acceptable to the Owner for obtaining said licenses, permits and certifications.

2. A copy of the Contractor’s Environmental, Health and Safety Program.

3. A copy of the Contractor’s Damage Prevention Program

4. Proposed Project Schedule and order of work meeting the requirements specified herein.

Progress Meetings:

Regular progress meetings will occur between the Owner and the Contractor to routinely assess progress and proactively resolve issues until the project is complete to the satisfaction of the

Owner. A frequency (monthly) and schedule for progress meetings will be established at the pre-construction meeting.

Inspection:

The Contractor shall furnish the Owner with every reasonable facility for ascertaining whether or not the Work performed and materials used are in accordance with the requirements and intent of the Specifications and Drawings. All work shall be performed with inspection by the Owner or his representative. Failure by the Owner to reject defective Work and materials shall neither prevent later rejection when those defects are discovered, nor obligate the Owner to accept defective Work. The representatives of all state, local, and federal regulatory agencies will have access to the Work whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access and inspection. Where special safety equipment is required for inspection, the inspector shall be furnished this equipment by the Contractor.

Authority and Duties of Owner’s Inspector(s):

Owner’s inspector(s) (“Inspector”) shall be authorized to inspect all work done and all materials furnished, including preparation, fabrication, and manufacture of the materials to be used. The

Inspector shall inform the Contractor of failures of the Work and/or materials to conform to the

Drawings and Specifications. The Inspector may reject materials or suspend Work until questions at issue can be decided by the Owner. The presence of the Inspector shall in no way lessen the responsibility of the Contractor. The Inspector’s failure to notify the Contractor of failures of the

Work and/or materials to conform to the Drawings and Specifications shall not relieve the

Contractor of any liability for faulty Work and/or materials provided by the Contractor.

Rejection of Work and Materials:

All materials furnished or Work done which is not in accordance with the Specifications and

Drawings will be rejected. Such materials or Work, which have been rejected, shall be immediately removed. Work shall then be done and materials furnished in accordance with the

Specifications and Drawings. If the Contractor fails to remove the Work and materials within forty-eight hours after having been ordered to do so, the Owner shall have the authority to immediately suspend the Contractor's Work. The Owner shall also have the authority to supply personnel and materials, at the cost and expense of the Contractor, in order to remove that Work and/or those materials, which are found not to be in accordance with the Specifications and/or

Drawings.

Defective Materials and Work:

The inspection of the Work shall not relieve the Contractor of any of its obligations to fulfill the

Contract. Defective Work shall be corrected even though the Work and materials have been previously inspected by the Owner and accepted or estimated for payment. Previous failure by the

Owner to condemn improper materials and/or workmanship shall not be considered a waiver of defects, nor will this previous failure to condemn improper materials prevent the Owner at any time subsequently from recovering damages for Work actually defective.

Corrections:

Should any portion of the Drawings and Specifications be obscure or in dispute, they shall be referred to the Owner who shall decide as to the true meaning and intent. The Owner shall also have the right to correct errors and omissions at any time when those corrections are necessary for the proper fulfillment of the Drawings and Specifications.

Disagreement:

Should any disagreement or difference arise as to the estimate, quantities, or classifications, or as to the meaning of the Drawings and/or Specifications, on any point concerning the character, acceptability, and nature of the several kinds of work and materials and construction thereof, the decisions of the Owner shall be final, conclusive, and binding upon all parties to the Construction

Contract.

Land and Rights-of-Way:

The Owner will furnish all land and rights-of-way necessary for the carrying out of this

Construction Contract. The Contractor shall take every precaution to inconvenience as little as possible the owners or tenants of adjacent property. Public highways shall not be obstructed in such a way to cut off traffic. The Contractor shall, at its own expense, repair any damage or injury to either private or public property during progress of the Work.

Sanitary Facilities:

Necessary sanitary facilities shall be the responsibility of the Contractor. No temporary sanitary facilities shall be located on private property without first obtaining property owner permission and providing such to the Owner’s inspector. Facilities shall be maintained in a sanitary condition, and in strict accordance with local regulations. No unsanitary act shall be committed outside sanitary facilities.

Roads, Streets, Driveways and Walks:

Access to all driveways, entrances, parking lots, buildings and equipment shall be available at all times. All driveways, roads, streets, and walks shall be maintained in good condition at all times.

If damage occurs, repairs shall be affected immediately. Cleaning, either by washing or sweeping or combination thereof, shall be employed at whatever frequency necessary to keep driveways, roads, streets and walks clean of mud, dirt and other construction debris. Streets, roads and drives used by the Contractor for access to and from material storage areas job site shall be protected from damage in excess of that caused by the normal traffic of vehicles used for, or in connection with, construction work. All access drives shall have a construction apron to prevent material carry-over onto public roads and streets.

Flagging/Signage/Protective Works:

The Contractor shall furnish and install all necessary temporary works for the protection of the

Work and the general public including trained flagmen, warning signs, barricades, and lights at night. The Contractor shall provide signage at all times at the location of Work identifying the

Contractor and that the Contractor is performing Work for the Owner.

Existing Utility Protection:

The Owner has determined the proposed work may be in conflict with existing infrastructure. The

Contractor shall be responsible for proper notification to the Utility Protection Center prior to any excavation and maintaining a copy of the excavation permit associated with each particular excavation such that it is readily available for review/inspection at the job site. The Contractor shall be prepared to repair any lines damaged during construction to maintain service to existing customers at all times. The cost for this work shall be included in the prices provided.

At the pre-construction meeting, the Contractor shall provide the Owner a copy of the Contractor’s

Damage Prevention Program outlining how the Contractor intends to protect existing utilities during construction.

Any damage done to existing utility lines, drains, power and telephone cable, poles, and structures of every nature, not indicated to be replaced and/or abandoned shall be repaired or replaced by the

Contractor at its own expense. The approximate position of certain known underground lines and structures are shown on the Drawings according to available information. Existing small lines are not shown. The Contractor shall locate, excavate and expose all existing underground lines in advance of trenching and other construction operations. Where connections are to be made at underground structures and pipelines, elevations and locations shall be verified prior to construction of the pertinent Work. Where underground utilities or obstructions are encountered which conflict with the new Work, the location and/or alignment of the new or existing lines may be changed to avoid interference upon written approval of the engineer or Owner.

Interruption of Service:

All Work shall be performed in such a manner so as to minimize and/or eliminate service interruptions to the Owner’s customers. The Contractor shall coordinate all utility work through the Owner and all service interruptions must be reviewed and planned in advance with the Owner.

The Contractor shall perform any Work requiring outages during periods of low customer demand, some night work and weekend work may be required at the request of the Owner.

Blasting:

If the scope of the Project requires blasting or the Contractor contemplates conducting blasting at some point during the project, the Contractor shall obtain additional insurance to cover such work in an appropriate dollar amount to be determined by the Owner. In addition, a pre-blast survey shall be conducted on all utility structures and substructures checking for leaks, service connections in the vicinity, and potential problems that might arise from blast disturbances.

Seismic recorders must be set up at all structures in the vicinity determined by the pre-blast survey to be possibly affected from blasting conforming to all local, state and federal codes. Immediately after blasting is completed, a post-blast survey will be conducted on all utility related structures and substructures checking for leaks, service interruptions and facility weakening caused by blasting.

Housekeeping:

The Contractor shall keep Project locations and material storage areas clean and orderly at all times. Trash, construction debris, litter etc. shall not be allowed to accumulate. Clean-up shall occur on a frequent enough basis to ensure the aforementioned is achieved.

Before the work is considered as complete all rubbish and unused material related to the Work must be removed and the premises left in a condition satisfactory to the Owner. Streets, curbs, crosswalks, pavements, sidewalks, fence, and other public and private property disturbed or damaged shall be restored to their former condition or better on an on-going basis by the Contractor at no additional cost to the Contractor. This shall be done prior to the final inspection and any discrepancies noted on the inspection must be completed before final payment.

As-Built Drawings:

The Contractor shall provide to the Owner a complete set of as-built drawings for the Work performed. The as-built drawings shall be provided on an ongoing basis throughout the Project as agreed during the pre-construction meeting. Final payment will be withheld until the Contractor has provided the Owner as-built drawings meeting the requirements specified herein

Acceptance of Work and Final Payment:

Before final acceptance of the Work and payment to the Contractor the following requirements shall be complied with:

Final Inspection:

Upon written notice from the Contractor that final Work is ready for inspection, the Owner will make a final inspection of the Work, and shall notify the Contractor of instances where its Work fails to comply with the Contract Drawings and/or Specifications via creation and distribution of a “Punch List” of work remaining to be completed and/or deficiencies requiring remedy. The

Contractor shall immediately make such corrections as are necessary to make the Work comply with the Contract Drawings and Specifications to the satisfaction of the Owner.

Liens:

Final acceptance of the Work will not be granted and the final payment will not be due or payable until the Contractor has furnished the Owner proper and satisfactory evidence under oath that all claims for labor and materials employed or used in the construction of the Work under the

Construction Contract have been settled, and that no legal claims can be filed against the Owner for such labor or materials.

Final Payment:

Upon completion of all clean up, alterations and repairs required by the final inspection or operating test,…