2026-57_Contract_Provisions-COMPLETE.pdf

CONTRACT PROVISIONS

VAN WELL ORCHARD REMOVAL

Contract Number 2026-57

PUBLIC WORKS CONTRACT

Bid Opening Date: October 6, 2026

Table of Contents

INVITATION TO BID

BID PROPOSAL PACKAGE

PROJECT SPECIFICATIONS

GENERAL SPECIFICATIONS

Appendices

EXHIBIT A – Form of Agreement

EXHIBIT B – Factual Data

INVITATION TO BID

The Chelan Douglas Regional Port Authority (CDRPA), 285 Technology Center Way, Suite 202, Wenatchee, Washington, will receive sealed bids up to the hour of 2:00 PM, Pacific Time, on Tuesday, October 6, 2026 and publicly open and read aloud at that time on the same day for the following:

Contract No. 2026-57, Van Well Orchard Removal

Sealed bids shall be delivered to CDRPA, Attention: Amanda DeSilver, Contract Specialist, at 285 Technology Center Way, Suite 202, Wenatchee, Washington, 98801, prior to the deadline.

The major items of work include orchard removal, grading and seeding. Bidders should carefully examine all specifications before submitting bids. Bidding Documents, including Instructions to Bidders, General Requirements, Plans and Specifications may be requested in Portable Document Format (PDF) from the Contract Specialist, Amanda DeSilver at amanda@cdrpa.org and may also be obtained at the CDRPA website at https://www.cdrpa.org/bid-opportunities. Bidders are encouraged to provide contact information to the Contract Specialist for inclusion in the bidders list and electronic notifications. Failure to acknowledge addendums issued during bidding may render bids nonresponsive.

The proposed bid range for this project is from $325,000.00 to $375,000.00. The entire project shall be substantially completed by December 31, 2026.

Please notify the Contract Specialist if you plan to visit the project site prior to bidding.

The State of Washington prevailing wage rates are applicable for this public works project.

Bidders are responsible for verifying and using the most recent prevailing wage rates. The “Effective Date” for this project is the Bid Proposal due date above. The applicable prevailing wage rates may be found on the Department of Labor and Industries website located at: https://secure.lni.wa.gov/wagelookup/

CDRPA, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.

252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The CDRPA reserves the right to reject any and all bids and to waive irregularities or informalities, without cause.

mailto:amanda@cdrpa.org https://www.cdrpa.org/bid-opportunities

Published as legal advertisement:

Wenatchee World Date: 09-16-2026

BIDDER’S CHECKLIST

Bidder must execute and return with submittal:

1. PROPOSAL FORM

The unit prices bid must be shown in the space provided. The proposal shall be filled in completely and signed by the bidder.

2. RESPONSIBLE BIDDER INFORMATION

The Bidder shall complete all information to show their ability to perform jobs of a similar nature.

3. BID GUARANTEE BOND

As a guarantee that if awarded the Contract, the bidder will execute same, each bid shall be accompanied by a certified or bank cashier’s check or by a Bid Bond, in the amount not less than five percent (5%) of the total Bid (including alternates, if any) made payable to CDRPA.

4. DISPOSAL PLAN

The Bidder shall include a disposal plan for all items.

After the Contract is awarded, the following will be executed by the successful Bidder:

1. Public Works Contract

2. Performance and Payment Bond including Power of Attorney

3. Evidence of Insurance

4. Retainage Instructions

PROPOSAL FORM

Chelan Douglas Regional Port Authority

Contract No 2026-57, Van Well Orchard Removal Bid Opening: October 6, 2026

The undersigned hereby certifies under penalty of perjury that:

1. Bidding requirements, project specifications, and contract documents have been carefully examined, as well as the premises, equipment and conditions affecting the Work.

2. The project sites have been inspected.

3. The proposed bid sum is sufficient to cover all labor, equipment, materials, tools, supplies, supervision and specialized equipment needed to perform the Work.

4. The bidder is willing and able to execute the contract, provide a contract bond and evidence of insurance within 10 days of receipt of the dated Notice of Award.

5. A 5% Bid Guarantee Bond has been enclosed with this bid proposal.

6. All addendums have been acknowledged in the space provided in this bid proposal.

7. Satisfactory evidence of financial resources, sub-bidders used in this proposal, experience and the available organization and equipment for the performance of the Contract will be promptly furnished upon request.

8. The Bidder has received training on the requirements related to public works and prevailing wages under RCW 39.12.

9. The Bidder has not been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3).

10. The Bidder has not been determined by the Department of Labor and Industries to have willfully violated any provision of RCW 49.46, 49.48 or 49.52.

11. If bidding on a public works project subject to the apprentice utilization requirements in RCW 39.04.320, the bidder has not been found out of compliance by the Washington State apprenticeship and training council for one year proceeding the date of this bid solicitation.

Authorized Official Name (please print or type): ______________________________

Signature of Authorized Official: ____________________________________________

Date: _____________

PROPOSAL FORM

Contract No 2026-57, Van Well Orchard Removal Bid Opening: October 6, 2026

Unit prices for all items, all extensions and the total bid amount must be shown.

The total amount shown in the schedule of prices shall be the full compensation due for the proposed work.

All proposals shall be typed or written in ink.

SCHEDULE OF PRICES

Item Description Units Qty. Unit Price Total Price

1. Orchard Removal Acre 43.9 $ $

2. Grading LS 1 $ $

3. Seeding LS 1 $ $

SUBTOTAL $

SALES TAX (8.5%) $

TOTAL BID INCLUDING SALES TAX $

Contractor Name: ____________________________________________

RECEIPT OF ADDENDA (if applicable)

I certify and acknowledge receipt of the following Addenda to the Bid Documents and that due consideration thereof has been used in preparing and submitting this bid proposal.

Failure to acknowledge receipt of addenda may be considered an irregularity in this proposal.

Addendum No.

Date of Receipt Signed Acknowledgement

Contractor Name: ____________________________________________

RESPONSIBLE BIDDDER INFORMATION

Company Name: __________________________________________________________________

Company Address: ________________________________________________________________

Phone #: __________________________ Email: __________________________________

Contact Person’s Name & Title: _____________________________________________________

Number of Years in Business: ____________

State Contractor License #: ______________________________

State Unified Business Identifier

UBI #___________________________________

Employment Security Department #: __________________________

Federal Tax

ID #: __________________________________

List work successfully completed by the bidder within the past five years which was similar in size, scope and difficulty to the work being bid upon:

1. Project Name and Year Completed:

Owner/Reference Contact Name:

Email: Phone:

2. Project Name and Year Completed:

Owner/Reference Contact Name:

Email: Phone:

3. Project Name and Year Completed:

Owner/Reference Contact Name:

Email: Phone:

Exhibit A – Scope of Work - Page 1

PROJECT SPECIFICATIONS

Description of Work – Contractor shall remove and dispose of all orchard trees, associated above-ground irrigation lines, underground irrigation that is exhumed during tree removal, agricultural support structures (e.g. trellis, wind turbine and foundation, etc), and any other miscellaneous debris on parcels labeled in Attachment A. Burning is prohibited. All materials shall be disposed of in compliance with all applicable regulations and in appropriate manners.

Basis of Payment – This work shall be paid for per planned quantity acreage, which shall include the complete cost of providing all materials, equipment, and labor necessary to complete the work as described. The planned quantity will not change until there is a change of conditions. The planned quantity may not match the actual quantity. The Contractor shall factor that discrepancy, should it exist, into their bid. The prices listed in Exhibit B shall cover the complete costs of completing this work as described.

Bid Item 2 – Grading

Description of Work – Contractor shall lightly grade all areas to create a relatively smooth surface that is suitable for navigation by a standard zero-turn mower. All areas where trees are removed will require grading. Additional areas are called out in Attachment A. The overall grade/contour of the site shall not change.

Basis of Payment – This work shall be paid for per planned quantity acreage, which shall include the complete cost of providing all materials, equipment, and labor necessary to complete the work as described. The planned quantity will not change until there is a change of conditions. The planned quantity may not match the actual quantity. The Contractor shall factor that discrepancy, should it exist, into their bid. The prices listed in Exhibit B shall cover the complete costs of completing this work as described.

Bid Item 3 – Seeding

Description of Work – Contractor shall stabilize the site after tree removal and grading has occurred by hydroseeding the site with native grass mix. The grass mix shall conform to BFI Native Seeds’ “Mid-Columbia Sand Sites” mix. Application shall be 50 lbs of seed per acre. Application shall include 1,500 lbs per acre of mulch with 10% tackifier.

Basis of Payment – This work shall be paid for per planned quantity acreage, which shall include the complete cost of providing all materials, equipment, and labor necessary to complete the work as described. The planned quantity will not change until there is a change of conditions. The planned quantity may not match the actual quantity. The Contractor shall factor that discrepancy, should it exist, into their bid. The prices listed in Exhibit B shall cover the complete costs of completing this work as described.

Submittals

Contractor shall provide the following submittals.

1. Proposed schedule.

2. Disposal plan for all items.

3. Grass mix and application rates.

Security Requirements

N/A

Working Hours

All work shall be performed in accordance with all applicable county noise ordinances.

Amanda Snapshot

GENERAL SPECIFICATIONS

SECTION 1- BID PROCEDURES AND CONDITIONS

1.01 Examination of Plans, Specifications and Site of Work

A. Before submitting a proposal, a bidder shall:

1. Carefully examine the Bid Documents.

2. Visit the site of the Work, making such observations and measurements as may be required.

3. Fully inform themself of existing conditions and limitations.

4. Rely entirely upon your own judgment in preparing your proposal.

5. Include in your bid a sum sufficient to cover all items required by the Contract.

B. Failure to do any of the above shall not relieve the bidder from entering into a Contract nor excuse him from performing the Work in strict accordance with the terms of the Contract Documents.

C. Except as specifically provided for hereinafter, a Bidder will not be entitled to additional compensation if they subsequently find the existing conditions to require methods or equipment that they did not anticipate in arriving at their bid sum(s).

1.02 Contract Documents

A. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all;

performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results.

B. The Contractor shall provide all items shown or described in the Documents and perform all operations required, and shall furnish all labor, materials, equipment, services, required for their completion, including incidental items and services not specifically shown or described but necessary for proper completion of the work shown.

C. Wherever in the Contract Documents an article, item of work, or piece of equipment is referred to in singular number, such reference shall include as many items or operations as are indicated on the Drawings or required to complete the installation.

D. Notations or details keyed to various drawing symbols, patterns, etc., shall apply to all similarly indicated items, locations or conditions not otherwise keyed.

E. In case of a conflict in the Contract Documents, notify the Architect or Engineer and obtain written instructions before proceeding.

F. Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

G. The General Requirements are applicable to each section of the Specifications and are binding on the Contractor and subcontractors of any tier for all work shown or indicated on the Contract Documents, plus any additional work authorized by change order, interpretation, construction change directive, or field order.

1.03 Interpretation

A. The singular includes the plural and vice versa; references to statutes or regulations include all statutory or regulatory provisions consolidating, amending, or replacing the statute or regulation referred to.

B. The term(s) “approved”, “or approved” and “as approved” mean approved by the Architect or Engineer, and any governing codes and officials, and by any quality standards specified as applicable to the work in question.

C. “As directed” means as directed by the Architect or Engineer.

D. The term “provide” means to furnish and install.

E. The term “as required” means as required by applicable codes or standards, and/or as may be required for proper completion of the work.

F. The term “verify” shall be interpreted to mean the Contractor shall examine conditions, requirements, etc., to determine exact nature of such, and adjust the work as required (and approved), in order to proceed in accordance with the intent indicated in the Documents.

G. Additional definitions unique to various field of work may be included in some sections of the technical specifications.

1.04 Digital Data Use and Transmission

A. The use of the Contract Documents or any other information or documentation in digital form is provided for the limited purpose of assisting the Contractor, Subcontractors, and Suppliers in the preparation of their shop drawings, cursory material takeoffs and/or site staking. Users acknowledge the electronic media supplied contains work in progress, is subject to change without notice, and may not accurately represent the scope or configuration of work noted, dimensioned or specified in the Contract Documents. Contractor shall note dimensions of the electronic work may not accurately reflect the noted dimensions or placement by shop drawings, notes, and accurate adjustments to integrate with other materials and systems.

B. Use of the electronic media by the Contractor, Subcontractors, and Suppliers shall be at the Contractor’s sole risk and without liability, risk, or legal exposure to the CDRPA or Architect/Engineer, and the Contractor agrees to release and, to the fullest extent permitted by law, defend, indemnify, and hold harmless the CDRPA, Architect or

Engineer, Architect’s or Engineer’s consultants, agents, and fees arising from or relating to any such use by the Contractor or third parties.

1.05 Owner Provided Information

A. The CDRPA may furnish a legal description and surveys describing physical characteristics, legal limitations, and utility locations of the site as a convenience to the Contractor. Neither the CDRPA nor Architect or Engineer can or does purport to know or guarantee all utilities and above or below grade items are shown or indicated locations are accurate. Contractor shall verify on-site.

1.06 Form of Proposal

A. Proposals shall be made upon forms provided for that purpose, signed in longhand by the bidder and with the company name and position typed in the spaces provided. If a bidder is a partnership or co-partnership, at least one partner must sign; if a corporation, print name of corporation, State in which incorporated, and follow by signatures of persons authorized to sign, naming the offices they hold in the corporation.

B. Each proposal shall specify a unit or lump sum price, typed or written in ink, for each of the separate items. Any omission of prices for items, including unit costs, shown in the form of proposal or any addition in writing to the form, or any added conditions, limitations or provisions, will be liable to render the proposal informal and cause its rejection.

C. The bidder shall complete all spaces on the proposal form that call for unit prices, extensions, the total bid amount and signatures.

D. All addenda issued during the bidding period will be incorporated into the Contract.

Each bidder must acknowledge each addendum issued, in the space provided therefore on the bid form, in order to have his bid considered.

1.07 Estimated Quantities

A. The unit quantities shown in the bid submittal sheet are estimates and are stated only for bid comparison purposes. The port does not warrant that the actual quantities of work will correspond with those estimates. The port reserves the right to increase or decrease any of the quantities shown without adjusting the unit contract prices by Change Order. Payment will be made on the basis of the actual quantities satisfactorily completed in accordance with the Contract requirements.

1.08 Unit Prices

A. If the Bid Form includes a supplemental schedule of unit prices for labor and materials, or other items for the purpose of establishing a cost basis for unforeseen contract changes, Owner reserves the right to reject, without impairing the balance of the bid, any or all such predetermined unit prices, and negotiate such unit prices during the term of the contract.

1.09 Base Bid Work

A. The Base Bid Contract Sum shall include full compensation for all labor, materials, overhead, profit and appurtenant costs for all work shown and/or indicated in the Drawings and Specifications, together with all miscellaneous items of work reasonably required as incidental to proper accomplishment of the work shown, EXCEPT:

1. Work (construction or improvements) shown or indicated as 'existing' but not noted for removal, relocation or re-use under the Contract.

2. Work shown or indicated 'by others' or 'Not in Contract' (N.I.C.), unless a fee or permit is required to be paid (i.e., sewer connection, water meter, etc.)

3. Items of work included in the Schedule of Alternate below.

B. Certain items of work (i.e., installation of water meters, electrical service connection, etc.), may be done by the serving utility or others but involve a fee or charge which shall be included in the Base Bid Sum as required by the Conditions of the Contract.

1.10 Alternate Bids

A. Bidders shall state, in the spaces provided in the Form(s) of Proposal, Alternate Bids for the various parcels of work described below, and as further identified on the Drawings.

Alternate Bid Sum(s) shall include full compensation for all labor, materials, overhead, profit and appurtenant costs for the work of each Alternate parcel of work, as scheduled and indicated, including all miscellaneous items of work reasonably required as incidental to proper accomplishment of the (alternate) work.

B. Prime Bidders shall be responsible for coordinating with sub-contract bidders, so as to assure that Base Bid and Alternates include cost of all supporting elements required, and that no matter what combination of Base Bid and Alternates is accepted, the completed work of the Contract shall constitute a complete and properly functioning entity in itself. All work under Alternates shall be in strict accordance with all applicable Specification Sections.

C. Numbering of Alternates does not imply the order in which Alternate bids may be accepted. The CDRPA reserves the right to accept, and/or reject, any Alternate Bids in order to provide whichever combination of Base bid and Alternates they determine will provide the best value for the Project as a whole.

D. The Contractor also shall guarantee their Alternate Bids for the period stipulated in the Form of Proposal, as being fair contract price for which they will accept a Change Order adding the various (alternate) parcels of work to the Contract.

1.11 Delivery of Proposal

A. Bid Proposal and Bid Guarantee shall be enclosed in an opaque sealed envelope, addressed and marked as follows so as to guard against premature opening of any bid:

(Name of Bidder Here)

285 Technology Center Way, Suite 202 Wenatchee, Washington 98801 Attention: Amanda DeSilver, Contract Specialist

PROPOSAL FOR: Contract No. 2026-57, Van Well Orchard Removal

B. Bids shall be delivered to the CDRPA's representative appointed to receive bids, as required by the Invitation to Bid.

1.12 Withdrawing, Revising or Supplementing a Proposal

A. After submitting a physical bid proposal to the CDRPA, a bidder may, without prejudice to themself, withdraw, revise or supplement it if:

1. The bidder submits a written request signed by an authorized person on the stationery of the Contractor.

2. CDRPA receives the request before the time set for opening proposals.

1.13 Opening of Bids

A. Bids received prior to the date and time of the bid opening will be securely kept, unopened. No responsibility will be attached to the CDRPA for the premature opening of an improperly addressed or identified bid.

B. Proposals will be opened and publicly read aloud at the time indicated in the Invitation to Bid.

C. The CDRPA's representative will determine when the specified bid opening time has arrived, and no bid received thereafter will be considered.

1.14 Evidence of Qualifications

A. A bidder whose proposal is under consideration shall, upon request, promptly furnish satisfactory evidence of financial resources, sub-bidders used in this proposal, experience, and the organization and equipment available for the performance of the Contract.

1.15 Irregular Proposals

A. A proposal will be considered irregular and may be rejected if:

1. The proposal is on a form other than that furnished by the CDRPA, or if the form is altered, or if any part of the proposal form is detached.

2. There are unauthorized additions, conditional or alternate pay items or irregularities of any kind which make the proposal incomplete, indefinite or otherwise ambiguous.

3. The Proposal form is not properly executed.

4. The proposal does not contain a unit price for each pay item or a price for each alternate, or a price cannot be reasonably determined.

5. The proposal contains unit prices that are obviously unbalanced.

6. Receipt of addenda is not acknowledged.

7. A Bidder has previously failed to perform satisfactorily, or to complete on time, construction of any nature.

8. An unsatisfactory record exists based on past or current CDRPA work.

9. For any reason the CDRPA determines the proposal to be non-responsive or obscure.

1.16 Bid Protest

A. Within two business days of the bid opening, the CDRPA will provide copies of all the bids received, if requested by a bidder.

B. CDRPA will allow two full business days after providing bidders with copies of all bids before executing a contract for the project.

C. A Bidder must file a written protest of award no later than:

1. Two full business days following the bid opening, if no bidders requested copies of the bids received.

2. Two full business days following the date the CDRPA provided copies of the bids to those bidders requesting them.

D. A protest submittal shall be delivered to the CDRPA with the words “Bid Protest” prominently and clearly displayed on any outer cover containing the protest notice as well as the notice itself. The following minimum information must be included in the written protest notice:

1. Company name, contact person’s name, address and phone number of the protesting bidder;

2. A statement(s) describing the nature of the protest;

3. The project bid number and title.

E. If the CDRPA receives a written protest from a bidder, they cannot execute a contract for the project with anyone other than the protesting bidder without first providing at least two full business days' written notice of their intent to execute a contract for the project.

SECTION 2- AWARD AND EXECUTION OF CONTRACT

2.01 Consideration of Bids

A. The CDRPA reserves the right to reject any or all proposals without cause, waive technicalities, if such waiver is in the best interest of the Owner and is in conformance with State and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work.

2.02 Award of Contract

A. The CDRPA will, within thirty (30) days of Bid opening, either reject all bids or proceed to award the Contract for the above Work to the lowest qualified bidder.

1. A Contract will not be awarded until CDRPA is satisfied that the successful bidder is reasonably familiar with the class of work contemplated and has the necessary capital, tools and experience to satisfactorily perform the work within the time stated. Completion of the work within the time stated is essential and prior commitments of the bidder, failure to complete other work on time, or reasonable doubt as to whether the bidder would procure equipment or complete the project on time would be cause for rejection of any bid. In addition, the CDRPA may determine any bidder not to be responsible in accordance with RCW 39.04.350 and/or any other legal authority.

B. The CDRPA reserves the right to issue multiple awards based on cost, the contractor(s) capacity to complete the work, and/or to ensure adequate and timely services are provided.

C. The acceptance of the Bid shall be a notice in writing titled “Notice of Award” signed by a duly authorized representative of CDRPA, and no other act shall constitute acceptance of the Bid.

D. Formal execution of the Agreement shall be consummated within 10 days of Notice of Award. Contractor’s responsibility to provide the described services shall commence on the date specified in the bid documents, or upon execution of the Agreement, if the latter occurs after the specified date.

E. Within ten (10) days of the Notice Award of Bid, and prior to execution of Agreement, successful bidder shall submit to the Contract Specialist for review:

1. A Performance and Payment Bond in the full amount of the Contract Sum.

2. Certificate(s) of Insurance as stipulated in the Form of Contract.

2.03 Form of Contract

A. The Form of Contract shall be the “Public Works Agreement” which is attached hereto as Exhibit A.

2.04 Owners Protective Bonds

A. The successful bidder shall furnish to the CDRPA a corporate surety bond in the full amount of the Contract Sum, including Washington State Sales Tax, conditioned for the payment of all laborers, mechanics, subcontractors, materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of the work of said Contract.

1. The bond shall be executed by the successful bidder and a surety company, licensed to do business the State of Washington, on the required Chelan Douglas Regional Port Authority form within, within ten (10) days after the award date.

2. Pursuant to RCW 39.08.010, the contractor may, in lieu of a Performance and payment bond, choose to have ten (10) percent in retainage withheld during the course of the contract if the annual cost of the contract is less than $150,000.00.

2.05 Proof of Insurance

A. The Contractor shall provide evidence, in the form of a Certificate of Insurance, of the following insurance coverage and limits (at a minimum):

1. Business auto coverage for any auto no less than a $1,000,000 each accident limit, and

2. Commercial General Liability insurance no less than $1,000,000 per occurrence with a $2,000,000 aggregate. Coverage shall include, but is not limited to, contractual liability, products and completed operations, property damage, and employer’s liability.

B. The Chelan Douglas Regional Port Authority shall be named as additional insured on the Contractor's commercial general liability policy. An additional insured endorsement shall be included with evidence of insurance.

SECTION 3- CONTROL OF WORK

3.01 Supervision and Construction

A. The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters.

B. The Contractor shall be responsible to the CDRPA for acts and omissions of the Contractor’s employees, any tier of Subcontractor and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors.

C. The Contractor shall perform such detailed examination, inspection and quality surveillance of the Work as will ensure that the Work is progressing and is being completed in strict accordance with the Contract Documents, including the then latest issue of the Drawings and Specifications. The Contractor shall be responsible for examination, inspection and quality surveillance of all Work performed by any Subcontractor. The Contractor shall determine when it is necessary to perform, and shall perform, tests to verify its inspections or to ensure that the Work is being completed in strict accordance with the Contract Documents.

D. The Contractor shall lay out his work from established points and lines indicated on the Drawings, shall furnish any required engineering for the layout from such points, and shall be responsible for the execution of the Work to such lines and grades. Contractor shall maintain and preserve said reference points and other selected layout points and lines until their removal is authorized. If destroyed prior to authorized removal, they will be accurately replaced by the Contractor, at no expense to the CDRPA.

E. The Contractor shall plan and lay out all Work in advance of operations so as to coordinate all work without delay or revision.

F. Contractor shall fully cooperate with other trades or contractors whose work may precede, follow, or be concurrent with, the Work of this Contract. Cooperate for mutual access and coordination of activity in any and all ways that will benefit the overall project and progress of the work of all contractors.

G. The CDRPA will not assume any responsibility for the security or protection of any materials and equipment stored on the site or elsewhere by the Contractor.

3.02 Superintendent

A. The Contractor shall employ a competent superintendent and necessary assistants who shall attend the Project site during the performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be binding as if given to the Contractor.

B. Prior to contract execution, the Contractor shall furnish to the Architect or Engineer and CDRPA a list of all supervisory personnel, including the Project Manager and Superintendent, that the Contractor intends to use on the Work.

C. The Superintendent shall remain on the Project whenever subcontractors are present and not less than eight hours a day, five days a week, unless the Project is closed down due to a legal holiday, a general strike, conditions beyond the control of the Contractor, termination of the Contract in accordance with the Contract Documents, or Final Completion is attained.

D. The CDRPA must be notified of any change in Superintendent or other supervisory personnel on the project. Failure of the new superintendent to have complete knowledge of the project shall not relieve the Contractor from compliance with the Contract or with any changes, decisions, or directions occurring prior to the assignment of the new superintendent.

3.03 Subcontractors

A. Within 10 days of the Notice of Award of Contract, the Contractor shall furnish in writing to the CDRPA, through the Architect or Engineer, a complete listing of all subcontractors, lower tier subcontractors, and principal suppliers to be used on the work. The Architect or Engineer may reply within 10 days to the Contractor in writing stating (1) whether the CDRPA of the Architect or Engineer has a reasonable objection to any such proposed person of entity or (2) that the Architect or Engineer required additional time to review. Failure of the CDRPA or Architect/Engineer to reply within the 10 day period shall constitute notice of no reasonable objection.

B. The proposed subcontractors must meet the contract requirements and have a satisfactory record, equipment, experience, and ability. If the Engineer requests proof that a subcontractor, of any tier, has the record, experience, equipment, and ability the Work requires, the Contractor shall provide such proof. Approval to subcontract, at all tiers, shall not:

1. Relieve the Contractor of responsibility to carry out the Contract,

2. Relieve the Contractor of obligations or liability under the Contract and the

Contractor’s bond,

3. Create a contract between the Contracting Agency and the subcontractor, or

4. Convey to the subcontractor any rights against the Contracting Agency.

C. If the CDRPA or Architect/Engineer has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the CDRPA and Architect or Engineer has no reasonable objection.

3.04 Substantial Completion Inspection

A. When the Contractor considers the Work complete, the Contractor shall request

Completion review by the Architect or Engineer.

1. A list of all work remaining to be accomplished shall be provided for the Architect or Engineer prior to review.

B. The Architect or Engineer will conduct review the Work and provide a completion/correction list of any deficiencies noted during review. Failure of the Architect or Engineer to list an item on the list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.

C. After proper completion of all Work of the Contract, the Contractor shall submit a letter to the Architect or Engineer stating that the Contractor has made a complete inspection of the job and that all items contained in the Completion/Correction list, or not in conformance with Drawings and Specifications, have been completed and the Project is ready for Final Inspection.

D. Only after the Architect or Engineer determines all Work has been fully and properly completed, will he certify the project 100% complete.

1. In addition to the physical work at the site, the following requirements shall have been satisfied:

a. Final, approved record documents received by the Architect or Engineer.

b. Final operation and maintenance manuals received by the Architect or Engineer.

c. All quantities of material specified to be delivered to the CDRPA for maintenance/repair purposes, so delivered.

2. If the Architect or Engineer is required to make more than one Completion/ Correction list or conduct additional inspections and/or follow-up administration and monitoring after the scheduled final inspection in order to determine all items have been fully and properly corrected, the cost of their time shall be paid for by the Contractor, either directly, or by deduction from the Contract Sum.

SECTION 4- CONTROL OF MATERIALS

4.01 Product Options

A. For products specified only by reference standards, select any product meeting standards, by any manufacturer, subject to review by the Architect or Engineer.

B. For products specified by naming several products or manufacturers, select any product and manufacturer named or submit proposed equivalents for prior approval as defined hereafter.

C. For products specified by naming only one product and manufacturer, there is no option, and no substitution will be allowed except by prior approval as defined hereafter.

4.02 Submittals

A. The term 'submittals' includes all shop drawings, field layouts, samples, color or model selections, material and equipment data and descriptions, certifications, schedules, guarantees, bonds, warranties and other items as called for in the various sections of the Contract Documents.

B. Submittals not strictly conforming to the requirements of this Section will be returned forthwith for proper resubmittal. Resulting delay in approval is the responsibility of the Contractor.

C. Completely identify each submittal and resubmittal by showing at least the following information:

1. Name and address of submitter, plus name and telephone number of the individual who may be contacted for further information.

2. Name of Project as it appears on the Contract Documents.

3. Drawing number and Specification Section number to which the submittal applies.

4. Whether this is an original submittal or resubmittal.

5. Provide 8" x 3" blank space for review stamp.

D. Email submittals to the CDRPA project manager, Nick Rohrbach, at nick@cdrpa.org.

E. Allow at least seven full working days for review for the submittals.

4.03 Substitutions

A. During the term of the Contract, substitutions will be allowed in exceptional cases only, and under one or more of the following conditions;

1. Required for compliance with final interpretation of code requirements or insurance regulations.

2. Unavailability of specified products, through no fault of the Contractor.

3. Subsequent information discloses inability of specified products to perform properly or to fit in designated space.

4. Manufacturer/fabricator refusal to certify or guarantee performance of specified product as required.

5. When it is clearly seen, in the judgment of the Architect or Engineer, a substitution would be substantially to the CDRPA's best interests, in terms of cost, time or other considerations.

B. The Architect's or Engineer’s judgment as to equivalence and acceptability shall be final. Certain non-technical features, such as available color selection, and appearance, may be reason for approval or rejection.

C. The contractor shall submit a substitution request, in writing, to the CDRPA and the Architect or Engineer which shall include the following information;

1. Complete data substantiating compliance of proposed substitution with Contract Documents.

a. Product identification, including manufacturer's name and address.

b. Manufacturer's literature.

i. Product description

ii. Performance and test data

iii. Reference standards

c. Samples

d. Name and address of similar projects on which product was used, and date of installation.

e. Itemized comparison of proposed substitution with product specified.

f. Accurate cost data on proposed substitution in comparison with product specified.

D. In making the request for substitution the Contractor represents;

1. Proposed product has been investigated and determined that it is equal or superior in all respects to that specified. The same guarantee for substitutions as for product specified will be provided. Installation of accepted substitution will be coordinated into the Work, making such changes as may be required for Work to be complete in all respects.

2. All claims for additional costs related to substitution, which consequently becomes apparent, will be waived.

3. Cost data is complete and includes all related costs under this contract.

E. Substitutions will not be considered if:

1. Thay are indicated or implied on Shop Drawings or Product Data submittals without request submitted in accordance with this Section and the General Conditions.

2. Acceptance would require substantial revision of Contract Documents.

SECTION 5- PROSECUTION AND PROGRESS

5.01 Work Sequence

A. The work will be conducted in a manner to provide the least possible interference to the activities of the CDRPA's personnel and activities.

B. Proposed sequence of work is indicated on the drawings.

5.02 Contractor Use of Premises

A. Work on this contract is expected to be done during regular working hours Monday through Friday, or as established by the CDRPA.

1. Work outside established hours, including nights, weekends and holidays, shall require advance approval and coordination with CDRPA and facility personnel.

B. All work must be coordinated with CDRPA. The CDRPA must approve any work impacting building operations 72 hours or 3 working days in advance of work being conducted.

C. Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents, and shall not unreasonably encumber the site with materials or equipment.

D. All operations of the Contractor, his subcontractors and employees, including, but not limited to, demolition, construction, fabrication, delivery storage, stockpiling, parking and incidental movement or access, shall be contained within the work area indicated on Drawings, if any, or as otherwise arranged with the CDRPA, prior to beginning work of the Agreement.

E. The Contractor shall take measures to regulate vehicle and pedestrian traffic as necessary, limiting access to designated routes and parking to designated locations.

F. Contractor operations shall not obstruct emergency access, tenant operations, airport operations, or designated traffic routes.

G. Contractor shall establish a staging area for storage of materials and equipment.

H. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on site.

5.03 Owner Occupancy

A. Where facilities remain occupied and operational throughout construction, the Contractor shall cooperate with CDRPA and facility personnel to minimize conflicts and facilitate usage. The Contractor shall schedule and perform the Work to minimize disruption to normal facility operations.

5.04 Existing Premises Condition

A. The Contractor is responsible for adequately documenting in photos the existing condition of the premises, to include external road surfaces, curbing and landscaped areas, specifically the cleanliness of areas. Any damage to the premises which is found after construction and is not so documented will be the responsibility of the Contractor to repair or replace.

5.05 Concealed or Unknown Conditions

A. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in the construction activities of the character provided for in the Contract Documents, the Contractor shall give written notice to the CDRPA and Architect or Engineer promptly before conditions are disturbed, and in no event later than seven days after first observance of the conditions. If such conditions cause an increase or decrease in the Contractor’s cost or time required for performance of any part of the Work, any Claim of the Contractor arising therefrom shall be made in accordance with the dispute procedure of the Public Works Agreement.

1. No increase to the Contract Sum or Contract Time shall be allowed if the Contractor knew, or should have known, of the concealed conditions prior to executing the Agreement.

2. In any event, the Contractor shall proceed with other elements of the Work that are not affected by the alleged changed conditions, pending execution of a change order, if a claim is recognized under the above provisions.

5.06 Discrepancies in the Documents

A. The Contractor shall bring any discrepancies between any portions of the drawings and specifications to the attention of the CDRPA and the Architect or Engineer in writing. The CDRPA and the Architect or Engineer shall review the discrepancy and clarify the intent desired in the Contract Documents. Unless specifically directed otherwise, the Contractor shall be obligated to provide the greater quantity or quality without any change in contract sum or time.

B. Request by the Contractor for written interpretations and/or detail drawings shall be made to the Architect or Engineer in a timely manner that will allow ample time for their preparation and delivery to all affected parties, without causing delays in the Work.

Failure of the Contractor to request needed clarifications, and/or his proceeding with affected work prior to receiving same, shall indicate his acceptance of any and all costs and/or delays required on account of necessary corrections.

5.07 Project Meetings

A. A Pre- Construction Meeting and Progress Meetings shall be scheduled and held as further detailed below. The parties designated below shall:

1. Prepare and distribute written notice and agenda of regular and called meetings four days in advance of meeting date.

2. Make physical arrangements for meetings.

3. Preside at meetings.

4. Record minutes; include significant proceedings and decisions.

5. Distribute copies of minutes to attendees within four days of meeting.

B. Pre-Construction Meeting

1. Architect or Engineer will schedule for date within 14 days after date of Notice of

Acceptance, and conduct meeting.

2. Required Attendance:

a. Owner

b. Architect/Engineer/Consultants

c. Contractor (Project Manager) and Superintendent

d. Major Subcontractors

3. Minimum Agenda:

a. Length of Contract and liquidated damages.

b. Performance Bond, Insurance Certificate, Schedule.

c. Sign and distribute Contract(s).

d. Notice to Proceed.

e. Contractor's authorized representatives.

f. Owner's Representatives/Architect/Inspector names and responsibilities.

g. Instruction to Contractor through A/E.

h. Instructions to Contractors in writing.

i. Progress Chart or CPM (Tentative Construction Schedule).

j. Progress Meetings and Reports.

k. Submittals.

l. Delayed start of work in certain areas.

m. Continuation of Owner's operations.

n. Temporary facilities.

o. Contractor's working hours.

p. Contractor's parking, access, storage, etc.

q. Items to be posted in office.

r. Permits status.

s. Coordination with utility companies.

t. Coordination with City (or County).

u. Staking and layout.

v. Quality Control (Special Inspection and Testing).

w. Owner furnished, Contractor installed items.

x. Existing material to be re-used on work.

y. Labor/Material breakdown (Schedule of Values).

z. Monthly payment.

aa. Retention (Escrow) Bond.

bb. Payments to Subcontractors.

cc. Change Orders, time extensions, stop work orders, field orders.

dd. Owner occupancy prior to construction completion.

ee. Handling disputes.

ff. Project Record Documents.

gg. O & M Manuals.

hh. Contract Closeout.

ii. Other Items.

C. Progress Meetings

1. Contractor shall schedule and conduct regular meetings; minimum of one each week. Exact day and time shall be established at the Pre-Construction Meeting.

2. Hold Called Meetings as exigencies of work dictate.

3. Location of Meetings: Project Site or adjacent location to be determined.

4. Required Attendance:

a. Owner’s Representative

b. Architect/Engineer/Consultants

c. Contractor

d. Subcontractors as pertinent to agenda

5. Minimum Agenda:

a. Review, approve minutes of previous meeting.

b. Review work progress since last meeting.

c. Estimate overall percentage of Work completed.

d. Note field observations, problems and decisions.

e. Identify problems which impede planned progress.

f. Review off-site fabrication problems.

g. Develop corrective measures and procedures to regain planned schedule.

h. Revise Construction Schedule as indicated.

i. Plan progress during next work period.

j. Review submittal schedules, expedite as required to maintain schedule.

k. Maintaining of quality and work standards:

l. Effect on Construction Schedule

m. Effect on completion date

n. Complete other current business.

6. Meeting Minutes shall be recorded by the Contractor with copies sent to CDRPA and Architect or Engineer within three working days following each meeting.

5.08 Progress Schedules

A. The Contractor shall submit progress schedules and schedule updates to the Architect or Engineer for acceptance showing Work that complies with all time and order of Work requirements in the Contract. Scheduling terms and practices shall conform to the standards established in Construction Planning and Scheduling, Second Edition, published by the Associated General Contractors of America. Except for weekly look-ahead schedules, all schedules shall meet these General Requirements, and provide the following information:

1. Include all activities necessary to physically complete the project.

2. Show the planned order of Work activities in a logical sequence.

3. Show durations of Work activities in working days.

4. Show activities in durations that are reasonable for the intended Work.

5. Define activity durations in sufficient detail to evaluate the progress of individual activities on a daily basis.

6. Show the critical path.

7. Show the Physical Completion of all Work within the authorized Contract time. Total float belongs to the project and shall not be for the exclusive benefit of either party.

8. In addition to construction activities, the schedule shall show submittal and approval of samples of materials and shop drawings, the procurement of critical materials and equipment and their…