Constitution Park Pool Slide Replacement

Specification, Proposal, and Contract

PROJECT NUMBER

CITY PROJECT NO. 2026-05B-RECR

PREPARED FOR:

THE MAYOR AND CITY COUNCIL

OF CUMBERLAND, MARYLAND

DATE PREPARED:

AUGUST 2026

CONSTITUTION PARK POOL

SLIDE REPLACEMENT

Special Notices

SPECIAL NOTICES

City of Cumberland utilizes Beacon (https://www.beaconbid.com/solicitations/city-of-cumberland) to share solicitations with interested bidders. To view specifications, or receive updates from City of Cumberland, please register as a planholder on Beacon by filling out the information on the form. Upon completion, you will receive an email with the link to download attachments. Please note that accurate information is required in order to receive any updates. Beacon is free for planholders and you do not need an account with Beacon in order to receive updates. The City of Cumberland will only be responsible for the completeness of documents obtained directly from its Beacon website.

The pages of this document have been numbered consecutively. Prospective bidders must examine the document carefully and, before bidding, must advise the City of Cumberland, Maryland, Engineering Division, in writing, if any pages are missing and must request that such pages be furnished to them.

Minority Business Enterprises are encouraged to respond to this Solicitation Notice.

Failure to attach all addenda may cause the bid to be irregular.

A Non-Mandatory Pre-Bid Meeting to be held at the time and location specified in the Notice to Bidders.

https://www.beaconbid.com/solicitations/city-of-cumberland

INFORMATION SUMMARY

Project Name and Numbers Project Name ............................................................................... Constitution Park Pool Slide Replacement City Project No ....................................................................................................................... 2026-05B-RECR Online Solicitation Website......................... https://www.beaconbid.com/solicitations/city-of-cumberland

Funding Sources Funding Source(s) ........................................................................................... City of Cumberland, Maryland

Contract Type Contract Type ................................................................................................................................. Unit Prices

Contract Duration Contract Duration ............................................................................................................... 60 Calendar Days

Liquidated Damages Liquidated Damages .............................................................. Two Hundred ($200) Dollars per Calendar Day

Proposal Guaranty Proposal Guaranty ................................................................................................at least 5% of the total bid

Performance and Payment Bonds A Performance Bond and a Payment Bond, will be required for all construction contracts in excess of $100,000:

Performance Bond ................................................. An amount equal to at least 100% of the contract price Payment Bond ........................................................ An amount equal to at least 100% of the contract price

Engineering Contracts Administration Officer Name ......................................................................................................................................... Derrik Grimm Title ............................................................................................................. Contracts Administration Officer Location ............................................................................... Engineering Department, Public Safety Building Address ................................................................... 20 Bedford Street, Room 343, Cumberland, MD 21502 Email ........................................................................................................ derrik.grimm@cumberlandmd.gov Phone ........................................................................................................................................301-759-6600

Pre-Bid Meeting Date ................................................................................................................................................ 9/16/2026 Time ............................................................................................................................................... 10:00 a.m.

Location ........................................................................................................................................ Craft House Address ................................................................................................ 770 Park View Ave, Cumberland, MD Mandatory/Non-Mandatory ................................................................................................. Non-Mandatory questions due Date ................................................................................................................................................ 9/23/2026 Time ................................................................................................................................................. 3:00 p.m.

Where ................................................................................................. Online Solicitation Website, Q&A Tab

Bids Due Date ................................................................................................................................................ 9/30/2026 Time ................................................................................................................................................. 2:00 p.m.

Location .............................................................................................. Online Solicitation Website, E-Bid Tab Detailed Instructions ............................................................. See FORM OF PROPOSAL AND BID on page 16

NOTICE TO BIDDERS

The Mayor and City Council of Cumberland, Maryland are soliciting bids for the project:

CONSTITUTION PARK POOL SLIDE REPLACEMENT

CITY PROJECT NO. 2026-05B-RECR

Completed bids shall be submitted to the City of Cumberland’s online solicitation website, until but not after 2:00 p.m., local time, on 9/30/2026. All Bids will be virtually released at 2:00 p.m. on that date and available to view on the website. Released bid information does not constitute any award has been made.

Project description:

Provision and installation of a new two-flume water slide within the Constitution Park Pool.

This project is being put out to bid simultaneously with the demolition of the existing slide structure. In the event that different bidders win each project, each bidder shall coordinate with the City to determine the construction timeline, which must be completed prior to April 1, 2027.

A "NON-MANDATORY PREBID SESSION” for the purpose of answering or obtaining answers to questions of parties interested in performing the work, relative to construction details, will be conducted at 10:00 a.m. on 9/16/2026 at the Craft House, Constitution Park. 770 Park View Ave, Cumberland, MD.

A Proposal Guaranty (Bond or Certified Check) in the amount of at least 5% of the total bid shall be submitted with each bid.

The successful bidder will be required to submit a Performance Bond and a Payment Bond, for all construction contracts in excess of $100,000, at the time the contract is executed.

The Mayor and City Council reserve the right to waive any technicalities and to reject any or all bids, and to accept any or all proposals which in their judgment is to the best interest of the City.

An electronic copy of the Contract Documents may be obtained from the City of Cumberland online solicitation website, https://www.beaconbid.com/solicitations/city-of-cumberland/.

The City of Cumberland is an Equal Opportunity Employer.

MAYOR AND CITY COUNCIL OF CUMBERLAND

/s/ Allison Layton

CITY CLERK

https://www.beaconbid.com/solicitations/city-of-cumberland/

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TABLE OF CONTENTS

SPECIAL NOTICES

INFORMATION SUMMARY

PROJECT NAME AND NUMBERS

FUNDING SOURCES

CONTRACT TYPE

CONTRACT DURATION

LIQUIDATED DAMAGES

PROPOSAL GUARANTY

PERFORMANCE AND PAYMENT BONDS

ENGINEERING CONTRACTS ADMINISTRATION OFFICER

PRE-BID MEETING

QUESTIONS DUE

BIDS DUE

NOTICE TO BIDDERS

TABLE OF CONTENTS

DEFINITION OF TERMS

GENERAL PROVISIONS

INSTRUCTIONS TO BIDDERS

AWARD AND EXECUTION OF CONTRACT

CONTROL OF WORK

PAYMENT

WORKMEN'S COMPENSATION PROGRAM (STATE ACCIDENT FUND)

SPECIAL PROVISIONS

DESCRIPTION OF WORK

PROJECT LOCATION

PLANS AND SPECIFICATIONS

SUBMITTALS

AS-BUILT DRAWINGS

PRE-CONSTRUCTION CONFERENCE

RESPONSIBILITY FOR QUALITY AND COMPLETENESS

BLANKET WORKMANSHIP AND MATERIALS WARRANTY

PUBLIC AND CITY-OWNED UTILITIES

STANDARD DETAILS

EROSION AND SEDIMENT CONTROL

PROJECT SCHEDULE

EXTENSIONS OF THE CONTRACT

EMPLOYMENT AGENCY

NOTICE TO ALL HOLDERS OF THESE CONTRACT DOCUMENTS

LIQUIDATED DAMAGES

TESTING OF MATERIALS

CONTINGENT ITEMS

ESTIMATED QUANTITIES

SALVAGE RIGHTS

ROCK CLAUSE

ITEM PROVISIONS

1 – TWO-FLUME WATER SLIDE

APPENDIX A – ESTIMATED QUANTITIES

ESTIMATED QUANTITIES

APPENDIX B – BID CHECKLIST

DEFINITION OF TERMS

Wherever the following expressions are used in these documents, including the drawings, they shall mean as here defined.

Acceptable, etc........................... The Engineer shall be the agent of the City, and his acts, acceptances and decisions are to be considered those of the City unless the latter shall order otherwise, in general or particular. Such expressions, involving judgment of the work, (as herein defined) as “acceptable”, “required”, “directed”, “ordered”, “suitable”, “equivalent”, “equal”, “intended”, etc., or their opposites, shall refer to the judgment, decision and/or action of the Engineer, unless specifically limited by the City, or by law, or by provision of the contract documents.

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

Agreement ................................. A document signifying mutual understanding between the City and the Contractor, which document forms an item in the Contract.

Award ......................................... The decision by the City to execute a purchase agreement or Contract after all necessary approvals have been obtained.

Bid .............................................. A statement of price, terms of sale, and description of the supplies, services, construction or construction related services offered by a bidder to the State in response to an Invitation for Bids.

Bid Bond ..................................... An acceptable Bid Guaranty in the form of a bond, in the amount specified in the Contract Documents. It is not required if a Certified Check is presented as a Bid Guaranty, in the specified amount.

Bidder ......................................... The person, firm or corporation making the proposal and bid.

Calendar Day .............................. Every day shown on the calendar, Saturdays, Sundays and holidays included.

Change Order ............................. A written order signed by the responsible procurement officer, directing a Contractor to make changes which the changes clause of a Contract authorizes the procurement officer to order with or without the consent of the Contractor.

City ............................................. The City of Cumberland, Maryland.

COMAR ....................................... Code of Maryland Regulations

Construction ............................... The process of building, altering, repairing, improving or demolishing any structure, building, or other improvement to real property.

Contract ..................................... The legal agreement between the City and the Contractor undertaken for the proper performance of the project.

Contract Bond ............................ see Performance Bond

Contract Documents .................. The various items and divisions of the subject material; e.g., Invitation for Bids, Definitions, Plans and Specifications, General and Special Provisions, Instructions, Proposal, Contract, Contract Bond and any addenda subsequent to the issuance of this compilation.

It is hereby stated, and to be understood that all contract documents, with all papers attached or bound thereto, are to be considered one instrument constituting the contract document. They are complementary, one with the other, and are not to be detached nor considered separately. The headings or sub-headings herein used are for reference or convenience only, and are not to be construed as having an authoritative meaning. The drawings and plans, as heretofore defined, are to be considered “attached” or “accompanying” whether or not they are actually physically fastened hereto.

Contract Duration ...................... The number of days or the dates by which Contractor shall: (a) achieve Substantial Completion; and (b) complete the Work, as specified in the Contract Documents.

Contractor .................................. The party or parties, the legal representative, or the agent of the same, undertaking the Contract with the City. The successful bidder.

Days ............................................ Unless stated as workdays, calendar days are intended.

Drawings .................................... see the definition for Plans

Earth ........................................... Earth is to be defined as that excavated material, even loose shale, which can be removed by the power shovel (or backhoe) without the use of explosives or drilling and wedging.

Engineer ..................................... The City Engineer or his authorized representative or representatives.

Force Account ............................ A device for paying the Contractor for extra work not covered by Plans.

Inspector (s) ............................... An authorized agent or agents of the Engineer or City, assigned to make inspection of materials, performance and work done, as pertaining to this project.

Local Time .................................. For the purpose of these contract documents, “local time” shall refer to the official time of day in Cumberland, Maryland.

MDOT SHA ................................. The Maryland Department of Transportation, State Highway Administration

Notice of Award ......................... The written notice by City to a Bidder of City’s acceptance of the Bid.

Notice to Proceed ...................... A written notice to the Contractor of the date on or before which he shall begin the prosecution of the work to be done under the Contract.

Payment Bond ............................ A security as stated in COMAR 21.06.07.10B as a guarantee that Contractor (successful bidder) will pay in full all bills and accounts for materials and labor used in the work, as provided by law.

Performance Bond ..................... A security as stated in COMAR 21.06.07.10A furnished by the Contractor (successful bidder) as a warranty of his complete and satisfactory performance of the work.

Plans (Drawings)......................... All drawings, reproductions of drawings, or other illustrative material pertaining to the Project, furnished by the Engineer or submitted to and approved by him.

Progress Schedule ...................... A schedule, prepared and maintained by the Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Duration.

Project ........................................ The physical operations, including furnishing of material and labor, requisite to the complete performance of the work.

Project Manager ........................ The City Engineer’s representative who is responsible for overseeing all aspects of the Project.

Proposal (Bid) ............................. The formal offer to do the work specified for this Project, on the terms and for the money stated in the offer.

Proposal Guaranty ..................... A bid security in the amount and acceptable form as specified in the contract documents.

Responsible Bidder or Offeror ... A person who has the capability in all respects to perform fully the Contract requirements, and the integrity and reliability that shall assure good faith performance.

Responsive Bid ........................... A bid submitted in response to an Invitation for Bids that conforms in all material respects to the requirements contained in the Invitation for Bids.

Rock ............................................ Rock is that material requiring blasting or drilling and wedging for removal.

Samples ...................................... Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged.

SHA ............................................. See MDOT SHA

Site ............................................. The location upon or within the ground of the object or objects pertinent to this contract, and referred to in the context of the work “site”.

Specifications ............................. All written (or reproduced) definitions or requirements issued by the Engineer, and the "Maryland Department of Transportation State Highway Administration’s Standard Specifications for Construction and Materials” dated July 2023 shall apply and govern procedures and method of payment for the work, except where specifically modified by the Special Provisions.

Sub-Contractor ........................... Any party or parties who may enter into a subsidiary legal agreement with the Contractor to perform for the Contractor any part, or the entire project.

Substantial Completion .............. The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.

Successful Bidder ....................... The Bidder whose Bid the City accepts, and to which the City makes an award of contract, subject to stated conditions.

Supplier ...................................... A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with the Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by the Contractor or a Subcontractor.

Surety ......................................... The bonding corporation engaged with and by the Contractor in furnishing the bond which is a part of the Contract.

Underground Facilities ............... All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

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

Work ........................................... This term is used to cover all materials, methods, labor, equipment, and performance connected with this project.

Working Days ............................. All days except Saturdays, Sundays, Legal Holidays and days of inclement weather, as determined by the Engineer.

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GENERAL PROVISIONS

Instructions To Bidders

OBTAINING PLANS AND SPECIFICATIONS

An electronic copy of the Contract Documents may be obtained from the City of Cumberland online solicitation website, https://www.beaconbid.com/solicitations/city-of-cumberland/.

INTERPRETATION OF QUANTITIES

Any statements of quantities herein are the results of preliminary observations, calculations, surveys and estimates, carefully considered; but they are presented only for guidance and for comparison of bids and are not to be considered as an authoritative reflection of facts, established within any stated percentage of error. The bidder is to assemble his own price figures from drawings, specifications, and personal study of the location. The Engineer does not in any way warrant the degree of correctness of the published quantities. The contract intends the performance of a completed project, regardless of previous estimates.

If, upon completion of the contract, the actual quantities are more or less than the Engineer's estimate, the prices of the Contractor's proposal shall prevail. This requirement does not conflict with the provisions regarding "extra work" and "force account" occurring herein.

EXAMINATION OF LOCATION OF WORK AND OF CORRESPONDING PLANS AND SPECIFICATIONS

Bidders must make personal examination of the location of the project in its entirety, comparing it with the plans and drawings pertaining to each phase of the work in each locality, and with the specifications pertaining thereto, all before presenting their bids. Ignorance of conditions and/or obstacles in the prosecution of the work shall be no cause for relaxing any requirement of satisfactory accomplishment.

It is recognized that no plans and specifications can be perfectly complete, comprehensive, and specific;

and, if the bidder shall require explanations or pronouncements from the Engineer to clarify the documents already furnished, such additional data shall be considered "addenda" and shall be issued as follows:

INTERPRETATION BY ADDENDA

Any information regarding the requirements of the interpretation of any provisions of the General Provisions, Special Provisions, Item Provisions, or any part of the bidding documents shall be requested in writing from the Engineer and delivered no later than the QUESTIONS DUE date and time specified in the INFORMATION SUMMARY of this document, unless modified by addenda. Responses to questions or inquiries having any material effect of the bids shall be made by written addenda, or by written notice to all prospective bidders. DO NOT MAKE VERBAL INQUIRIES.

https://www.beaconbid.com/solicitations/city-of-cumberland/

Written requests for information or questions shall be submitted at the Online Solicitation Website, under the Q&A Tab. Alternatively, they may be addressed to:

Derrik Grimm Contracts Administration Officer derrik.grimm@cumberlandmd.gov or

Engineering Department, Public Safety Building 20 Bedford Street, Room 343, Cumberland, MD 21502

PLANS AND SPECIFICATIONS AN ENTITY

The plans and specifications regarding materials, dimensions and methods of work are intended to complement each other, and both documents may be needed to make the description and requirements complete.

MINIMUM WAGE RATES

The rate of pay to be paid by the Contractor for the various job classifications on the project for regular time, overtime and holidays shall be the rate of pay for said job classifications as may be established from time to time by the U. S. Department of Labor and the Maryland Department of Employment Security, applicable to the Cumberland area.

SUBMITTAL PROCEDURE

All bids must be submitted online to the City of Cumberland’s online solicitation website, https://www.beaconbid.com/solicitations/city-of-cumberland.

Completed bids will be accepted until 2:00 p.m. on 9/30/2026. Attempted online submissions after 2:00 p.m. will be rejected. All submitted bids will be virtually “opened” and available for review at 2:00 p.m.

on 9/30/2026 in Online Solicitation Website. An unofficial bid tabulation will be uploaded to the Online Solicitation Website at 3:00 p.m. to allow viewing of the submitted bids.

FORM OF PROPOSAL AND BID

All bids must be submitted online. All required forms, questionnaire responses, and attachments must be completed in full, unless otherwise indicated.

Beacon will not allow submission of bid if bidder has failed to upload all required forms, or failed to include all required responses. If the bidder believes their inability to submit a bid is in error, he or she shall contact the Project Manager immediately to resolve the issue.

SIGNATURE

The bidder must sign his proposal with his signature in full.

His post office address (where he customarily receives mail) must be printed in full after the signature.

The name must be printed under the signature. When a firm is the bidder, the printed names of the individuals composing the firm shall follow the signature (and printed name) of the firm's authorized agent.

When a corporation is the bidder, the signer shall state his title as authorized contracting officer and the name of the State under which the corporation is chartered. The seal of the corporation should be applied if available, attested by the corporation's Secretary. If an agent signs for the corporation, he must file legal evidence of his authority to do so.

PROPOSAL GUARANTY

No bid will be considered for any Contract unless accompanied by a guaranty in an amount not less than 5 percent (5%) of the total amount bid and mad payable to the Mayor and City Council, Cumberland, Maryland. Acceptable forms of security for the proposal guaranty shall be:

1. A certified check

2. A bond in a form satisfactory to the City of Cumberland, Maryland underwritten by a surety company authorized to do business in the state of Maryland.

A scanned image of the check or bond shall in submitted online with the bid. The physical check or bond shall be mailed or hand delivered to the City Clerk at the address listed in the Notice To Bidders. Physical checks or bonds must arrive to the City Clerk within two (2) weeks of the due date for bids. Checks will be returned to the unsuccessful bidders as provided herein under section Return of Proposal Guaranty in General Provisions, Award and Execution of Contract. The proposal guaranty of the successful bidder will be forfeited to the City as liquidated damages if the Contract and the Performance Bond are not properly made and executed within ten (10) calendar days after the formal award of the contract by the City to the Contractor. When the contract is so executed, the check will be returned to the Contractor.

FAMILIARITY WITH LAWS

The bidder is assumed to be familiar with all Federal, State and Local and Municipal Laws and Regulations affecting the contract and the work and those engaged in it and in any way concerned in it.

Ignorance shall be no reason for submitting a proposal whose execution, as proposed, would violate any such laws and regulations.

If the prospective bidder discovers any legal discrepancies in the contract documents, he shall at once notify the Engineer in writing and the consequent correction shall be the subject of an Addendum.

If the Contractor makes such a discovery after the contract award whereby the consequent correction affects a difference in the cost of materials or construction, the matter is to be treated like other changes in the work, due to other causes.

OPENING OF PROPOSALS

Submitted proposals remain virtually “sealed” until the time and date given in the Notice To Bidders. At that specified time, all bids will be released and available for review on the Online Solicitation Website.

Bidders or their authorized agents are invited view the released bids at their discretion.

Award And Execution Of Contract

RESERVATIONS

The City reserves the right to accept or reject any bid, to reject all bids, to re-advertise for new bids, to abandon the project or otherwise in its discretion to act in the City's best interest. No proposal will be considered from any person, firm, or corporation that has failed to act or perform satisfactorily in any previous contract with the City.

BID EVALUATION AND AWARD

(a) General. The Contract is to be awarded to the responsible and responsive bidder whose bid meets the requirements and evaluation criteria set forth in the Invitation for Bids, and is the lowest evaluated bid price.

(b) Determination of Lowest Bidder. Bids shall be evaluated to determine which bidder offers the lowest cost to the City in accordance with the evaluation criteria set forth in the Invitation for Bids.

Except as otherwise provided under MDOT SHA General Provisions section GP-2.14 Mistakes in Bids:

(1) The unit price will govern in the event of a discrepancy between the unit price bid and the extended price (product of unit price multiplied by the quantity).

(2) The sum of the extended prices will govern in the event of a discrepancy between the total lump sum bid and the extended prices.

(3) The written words will govern in the event of a discrepancy between the prices written in words and the prices written in figures.

(4) If a unit price has been omitted, the unit price will be determined by dividing the extended price by the quantity.

Additionally, if both the unit price and the extended price for the same item are omitted, the bid will be declared non-responsive.

The City reserves the right to make the award by item, or groups of items, or total bid if it is in the best interest of the City to do so unless the bidder specifies in his bid that a particular or progressive award is not acceptable.

(c) Award. Upon determination of the lowest bidder, review of the bid for responsiveness, and satisfaction that the bidder is responsible, the Contract may be awarded to that bidder. A Contract may be awarded to a bidder offering a higher quality item than that designated in the Invitation for Bids if that bidder is also the lowest responsive and responsible bidder.

RETURN OF PROPOSAL GUARANTY

As soon as the bids have been checked and compared, the proposal guaranties (checks or bonds) of all but the lowest three bidders will be returned to the respective bidders. The proposal guaranties of the lowest three bidders will be held until the contract is awarded, at which time the proposal guaranties of the two remaining unsuccessful bidders will be returned. As soon as the Contract and the Performance Bond have been executed, the Contractor's proposal guaranty will be returned to him, if executed within ten (10) days of award.

The three lowest bidders may not withdraw their bids until after the award of contract.

PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS

A Performance Bond and a Payment Bond will be required for all construction contracts in excess of $100,000. Acceptable securities for Performance and Payment Bonds shall be as stated in COMAR 21.06.07.10.

A. Performance Bonds A Performance Bond is required for all construction contracts in the amount equal to at least 100% of the Contract price. The Performance Bond shall be delivered by the bidder to the City of Cumberland no later than the time the Contract is executed. If the bidder fails to deliver the required Performance Bond, his bid shall be rejected, his bid security shall be enforced, and award of the Contract may be made to the next lowest responsive and responsible bidder.

B. Payment Bonds A Payment Bond is required for all construction contracts in the amount equal to at least 100% of the Contract price. The Payment Bond shall be delivered by the bidder to the City of Cumberland no later than the time the Contract is executed. If a bidder fails to deliver the required Payment Bond, his bid shall be rejected, his bid security shall be enforced, and award of the Contract shall be made to the next lowest responsive and responsible bidder.

LIABILITY INSURANCE

Prior to the commencement of work, the Contractor shall submit to the City of Cumberland a Certificate of Insurance indicating that he carries:

• Commercial General Liability Insurance policy limits shall be not less than a Combined Single Limit for Bodily Injury, Property Damage, and Personal Injury Liability of $1,000,000 per occurrence and $2,000,000 aggregate

• Commercial Auto Liability Insurance policy limits shall be not less than a Combined Single Limit of $1,000,000

• Commercial Excess Liability Insurance policy limits shall be not less than a $1,000,000

• Commercial Workers Compensation- Statutory.

Such insurance shall be kept in full force and effect until all work has been satisfactorily completed and accepted.

The insurance policy will name the “Mayor and City Council of Cumberland” as an additional insured and will include an endorsement requiring the insurer to provide the City with no less than thirty (30) days advance notice of its cancellation.

There will be no special payment for said insurance.

NOTIFICATION OF AWARD

Within ninety (90) days after opening the bids, the City will notify the successful bidder in writing that his proposal has been accepted. Within ten (10) calendar days after the receipt of this award, the successful bidder must present his contract and performance bond for execution. Failure so to do will cause the forfeiture of his proposal guaranty as liquidated damages to the City.

Control Of Work

AUTHORITY OF ENGINEER

The Engineer (see Definitions) shall decide any questions as to acceptability of materials, methods and performance, rate of progress, sequence of operations and fulfillment of contractual obligations of any sort; also, as to interpretation of plans and specifications and alterations thereto. He shall determine the quantity of the several kinds of work performed and materials used, to be paid for under the contract, and the amounts due to the Contractor for such work and material, and his estimate shall be precedent to the issuance of any certification for payment or payments under the contract. He shall have executive authority to enforce and make effective any such decisions as the Contractor may fail to perform.

COORDINATION OF PLANS AND SPECIFICATIONS

In the case of any discrepancy between the plans and the specifications, the plans are to govern. If there is a discrepancy between these standard specifications and supplemental specifications, the supplemental specifications are to govern. Special provisions shall govern over specifications, supplemental specifications, and plans.

In case of discrepancy between the Special Provisions and all other provisions contained in this contract, the Engineer shall be the sole authority as to the proper interpretation.

CHANGE IN SCOPE OF WORK

Should there be any changes in the scope of work not covered by contingent quantities or other provisions in the contract documents, those changes and the costs resulting there from must be itemized and submitted on the Authorization for Change In Work (ACIW) form, available from the Engineer or his authorized representative. Generally, this involves additions to the scope of work, or to revised conditions under which the work will be completed, but can also include changes that result in reductions in cost. The Contractor must complete and submit this form to the Inspector or authorized representative of the City prior to commencing the added work, or continuing the work under the revised conditions. The City may opt to accumulate the approved ACIWs prior to issuance of a change order, depending on the nature of the change. Failure to submit a completed ACIW in a timely fashion will result in no change order and no additional compensation to the Contractor. The same applies to changes that result in reduced costs. In the case of an emergency, the Contractor and Inspector or authorized representative can document the conditions, in writing, including the agreed-upon course of action, and the Contractor must follow-up with a submittal of an ACIW within 24 hours, or one business day.

INSPECTORS

Inspectors, properly delegated by the Engineer, assigned to all or any part of the work shall be authorized to examine materials and scrutinize performance of the work. Their presence shall not relieve the Contractor or his Superintendent of any responsibility for materials, organization, or execution. The Inspector's responsibility extends only to the materials and performance. In case of dispute on these subjects he may reject materials and suspend work until the dispute can be referred, if necessary, to the Engineer for decision. The Inspector is not authorized to revoke, alter, enlarge, or relax any stated requirement of plans and specifications, or to issue approval or acceptance of any materials or work, to the Contractor, or to issue instructions contrary to plans and specifications. His approvals and exceptions are to be made to the Engineer for decision and action.

Unless specifically so ordered by the Engineer, an Inspector's conception or interpretation of specifications or drawings shall have no authoritative weight with Contractor, Superintendent, or Foreman, and any action taken on such grounds without specific authority of the Engineer shall be at the Contractor's responsibility and expense for subsequent alteration, if required. The Contractor shall furnish to the Inspector every necessary facility for the requisite inspection of materials, procedure and finished work; however, if the Inspector may require that any portion of the work shall be uncovered for inspection, the Contractor may require a specific order from the Engineer; and if the work proves unacceptable, the uncovering and correction and the restoration shall be at the expense of the Contractor. Allowance on the Time of Completion will not be made for the delay occasioned by such unacceptable work; but, if the work thus uncovered is found to be acceptable, the cost of the investigation shall be paid for as "Extra Work" and the time thus lost shall be added to Time of Completion, and so certified at the time of acceptance by the Engineer.

REMOVAL OF REJECTED MATERIAL

Material rejected for defects or on account of unauthorized work shall be removed and disposed of, promptly after notification, at the Contractor's expense. If not so done, the Engineer may cause its removal, and charge the cost against the Contractor's account.

HOLD HARMLESS AGREEMENT

The Contractor shall indemnify and save harmless the Mayor and City Council of Cumberland, Maryland, from and against all losses, claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recoverable against it or them by reason of any act or omission of the Contractor, his agent, or employees, in the execution of the work or in the consequence of any negligence or carelessness in guarding the same.

Payment

SCOPE OF PAYMENT

The Contractor shall accept the compensation as herein provided, as full payment for furnishing all labor, tools, equipment, accessories, supervision, and management necessary to the completed work and for performing all work contemplated under the Contract; also, for all loss or damage arising from the nature of the work or from the action of the elements or other unforeseen causes during the prosecution of the work until its final acceptance; also, for infringement of patents and for any expense incurred from suspension or discontinuance of the work, all as herein specified. No payment will be made for unauthorized work.

PARTIAL PAYMENTS

Partial payments may be made monthly if the work performed, accepted, and certified for such payments amounts to more than $500.00 net. Not less than 10% of the gross amount shall be retained by the City until final payment. Partial payment will be approximate only, and shall be corrected in final estimate, acceptance, and payment. Partial payments may be withheld in whole or in part, at the discretion of the Engineer.

RETAINAGE

For each partial payment the City will withhold funds at the following rate, based on the awarded contract amounts:

• For this contract, 10% of each partial payment with a maximum retainage cap of 5% the total contract value, including changes to the contract by approved change order.

Said retainage will not be released by the City until final payment (unless partially released in a semifinal payment, at the approval of the Engineer).

PAYMENT ALLOWANCE FOR MATERIALS

When the Contractor requests payment allowance for material, as part of a partial payment, the following terms and conditions shall apply:

1. For superstructure members delivered on the project site, an allowance of 100 percent of the material cost plus freight charges as invoiced may be made provided the cost does not exceed 90 percent of the Contract price of the applicable Contract item. The allowance will be based upon validated invoices or bills for material including freight charges, and a copy thereof shall be made a part of the documented records for the project.

2. For reinforcement steel, piling, pipe, traffic barrier, signs and sign assemblies, and other nonperishable material in storage on the project, but excluding aggregates, cement, seed, plants, fertilizer, or other perishable items, an allowance of 100 percent of the invoiced cost of the material plus freight charges to the Contractor may be made provided the cost does not exceed 90 percent of the Contract price of the applicable Contract item. Such material shall be delivered and stock-piled at the project site after being tested by the City and found to have conformed to the Specifications or to have been accepted under an approved certification program prior to the allowance.

3. No allowance will be made for fuels, form lumber, falsework, temporary structures, or other materials of any kind that will not become an integral part of the finished construction. No payment for stored material will be made if it is anticipated that the material will be incorporated into the work within 30 days of the written request. Only end product manufactured material or fully fabricated products that are awaiting installation or incorporation into the finished work are eligible for prepayment. Components, elements, or ingredients of a finished product are not eligible for prepayment.

4. Material for which an allowance is requested shall be stored in an approved manner within the area designated and/or approved by the City of Cumberland, Maryland where damage is not likely to occur. If any of the stored materials are lost or become damaged in any manner, the Contractor shall be responsible for repairing or replacing the damaged materials. The value of the lost or damaged material will be deducted from the Contractor's subsequent estimates until replacement has been accomplished. The request for allowances for any materials stored on private property within the area designated and/or approved by the City of Cumberland, Maryland shall be accompanied by a release from the owner and/or tenant of such property agreeing to permit the removal of the materials from the property at no cost to the City. The material shall be clearly marked with the City’s Contract Number on individual units. If the material is normally shipped to the project in bundles or other forms of packaging, the City’s Contract Number shall be clearly marked or affixed to the package. When the material is not stored at the actual project site, the material shall be physically separated by fencing or equivalent barrier from other materials stored at the same site. The material shall be accessible to the City at all times. When it is considered impractical to store materials on the actual project, the Engineer may approve storage areas in the vicinity of the actual project, which will be considered at the project site. When storage of the materials within the area designated and/or approved by the City of Cumberland, Maryland is not practical, approval shall be obtained from the City Engineer for storage elsewhere. Storage of materials outside the area designated and/or approved by the City of Cumberland, Maryland will be subject to the conditions set forth in this provision and limited to materials exceeding $25 000, which are designed and fabricated exclusively for use on a specific project.

5. Material, for which payment has been made, either wholly or partially, shall not be removed from the approved location until such time that it is to be incorporated into the work unless authorized by the Engineer.

6. The Contractor shall submit a written request for payment to the City Engineer at least two weeks prior to the estimate cutoff date established by the City Engineer. The following items shall accompany the written request for payment:

a. Consent of surety specifying the material type and the items in which the material is to be used.

b. Validated invoices with the signature of an officer of the company supplying the material showing actual cost.

c. A notarized statement attesting that the invoices as submitted do not include charges or fees for placing, handling, erecting, or any other charges or markups other than the actual material cost, sales tax if applicable, and freight charges.

d. Bills of lading showing delivery of the material. The request for allowances for any materials stored on property outside the area designated and/or approved by the City of Cumberland, Maryland shall be accompanied by a release from the owner or tenant of such property agreeing to permit verification by the Inspector that the material is stored at the approved location, and to permit the removal of the materials from the property at no cost to the City.

e. Inspection test reports, certifications and/or a written statement from the Inspector attesting to the inspection and approval of the material.

f. A statement explaining why the material cannot be stored on the project, if the Contractor is requesting to store material at a location other than the project site. The statement shall include the methods of storage, separation, and identification to be used by the Contractor. The Contractor shall provide a method of inventory control and withdrawal satisfactory to the City, which shall be used by the Contractor to monitor materials not stored on the project.

g. A breakdown of the Contract line-item bid unit price showing the relationship of the cost of the stored material to the costs of all other materials, labor, and components of the work included in the Contract line-item unit price bid by the Contractor. Upon receipt of the above by the City Engineer and verification by the Inspector that the material is stored at the approved location, the City Engineer will authorize payment.

The Contractor shall pay the material provider the amount shown on the invoice within 10 days of receipt of payment from the City. Evidence of payment shall be provided to the City. Failure to make invoice payments as specified will be caused to deduct the monies from future estimates and/or deny future stored materials payment requests. Copies of all pertinent data shall be made by the Contractor and distributed to the Inspector for retention as part of the documented records for the project.

FINAL PAYMENT

Before authorizing final payment, the Engineer shall make a final inspection of the whole work, a final survey, and a computation of final quantities, and shall certify to the City the acceptability and completion of the work and shall submit to the City the final estimate, showing the amount of each item of work performed, or materials in place and the value thereof. After the City has approved this final estimate and accepted the work as completed, it shall notify both Contractor and Surety that the work has been accepted, and shall pay to the Contractor or his Surety the net amount finally due under the Contract; but only after the Contractor has in writing accepted such payment as full and complete satisfaction of all his claims against the City under this Contract, and has submitted final waiver of liens.

Workmen's Compensation Program (State Accident Fund) The Contractor agrees to maintain in full force and effect during the term of this Contract, Workmen's Compensation Insurance as required by the Labor and Employment Article of the Annotated Code of Maryland. The Contractor further agrees to provide a Certificate of Insurance from the Contractor's insurance carrier to the City of Cumberland which shall specifically set forth the name and address of the insured, the insurance carrier, the policy number and its effective date. Said coverage shall not be cancelled or modified, nor shall there be any change in the insurance carrier without ten days prior written notice being given to the City of Cumberland. If there be such a change in the insurance carrier, the Contractors shall provide a new Certificate of Insurance as required above.

SPECIAL PROVISIONS

Description Of Work As described in the Notice to Bidders

Project Location Constitution Park Pool, Fort Avenue, Cumberland, Maryland

Plans And Specifications All work is to be completed in accordance with the plans and specifications, which will be considered a part of the Contract. A copy of the Contract document will be furnished to the to the successful Bidder for execution.

The plans and specifications are intended to cover a complete project. It should be distinctly understood that failure to mention any incidental and/or necessary related work that would be required to complete the items of work included in this Contract shall not relieve the Contractor of his responsibility to perform such work.

When referred to in the Special Provisions, the MDOT SHA Specifications are the "Maryland Department of Transportation State Highway Administration’s Standard Specifications for Construction and Materials” dated July 2023, and the revisions thereof, or additions thereto.

The City of Cumberland’s Special Provisions shall override the Maryland Department of Transportation State Highway Administration’s Special Provisions, included in this document, if there is a discrepancy between the two.

In case of discrepancy between the Special Provisions and all other provisions contained in this Contract, the Engineer shall be the sole authority as to the proper interpretation.

Submittals The contractor shall submit a list of all major materials including…