Attachment_A_-_General_Specifications.docx

SECTION 01010 – SUMMARY OF WORK AND GENERAL REQUIREMENTS PART 1 – GENERAL

1.1 SUMMARY

A. Project Scope: Contractor shall furnish all equipment, material, and labor necessary to complete the Chase State Fishing Lake Dam Improvements as detailed on the plans and specifications.

1.2 DEFINITION

A. KDWP: Kansas Department of Wildlife and Parks

B. Architect/Engineer: Where the word “Architect/Engineer” is used throughout the Contract Documents, it shall be understood to mean the Engineering Project Representative at CFS Engineering.

C. Project Manager: Where the word “Project Manager” is used throughout the Contract Documents, it shall be understood to mean KDWP Engineering Services Project Manager.

D. Owner: Where the word “Owner” is used throughout Contract Documents, it shall be understood to mean KDWP.

1.3 POINTS OF CONTACT

A. Points of Contact: The following individuals may be contacted regarding the Project.

1. For questions and assistance during the bidding process, contact:

Dean Heineken Deputy Director of Construction and Insurance

KOPC

O: (785)296-8051 Topeka, KS dean.heineken@ks.gov

Ashley Evens Procurement Officer

KOPC

O: (785)296-8107 Topeka, KS ashley.n.evens@ks.gov

2. For technical and administrative questions during construction: Points of Contact will be provided at the time of award.

1.4 AGREEMENTS FOR BIDDING

A. Bidder acknowledges and agrees to submit his Bid in accordance with the provisions required by the Bid Form supplied to the Bidder by Kansas Division of Purchases and to the following terms and conditions for bidding. Time and place for submittal of Bids is indicated on the Bid Form.

B. The Project shall be constructed under a single Contract and will be awarded to the responsible Bidder offering the lowest bid price and meeting the requirements for bidding and requirements of the Contract Documents. The lowest bid price will be calculated by the sum of the Base Bid and the total of any Alternates that are accepted by Owner after all Bids are opened.

C. Failure to acknowledge receipt of Addenda issued may be cause for Owner’s rejection of Bid.

D. An incomplete Bid or information included but not solicited on the Bid Form may be cause for Owner’s rejection of a bid.

E. A Bid may be considered incomplete or non-responsive if it fails to quote a price for an Alternate or other separate item identified and solicited on the Bid Form supplied to the Bidder.

F. The Owner reserves the right to reject any or all Bids and to waive technicalities and formalities for the acceptance or rejection of Bids, should such action be deemed in the best interest of the Owner. The Owner may terminate the contract due to unforeseen lack of funding for the project.

G. The Owner reserves the right to accept or reject any or all Alternates submitted with the Bid before award of the Contract.

H. In compliance with K.S.A. 75-3741, subcontractors which the Contractor proposes to employ for the work shall be listed.

I. It is the responsibility of the Contractor to supply his prospective subcontractors with copies of the Contract Documents for bidding. The Owner will not be responsible for supplying prospective subcontractors with Contract Documents for bidding.

J. The Contractor, prior to submitting his bid will have inspected existing facilities and conditions and will have thoroughly reviewed the Contract Documents.

1.5 ADDENDA

A. Acknowledgment of Receipt of Addenda: I/we, have received and considered the following Addenda in the submitted Bid for this Project. (Bidder shall fill in signature above using same person as signing the Bid Form and shall initial each applicable Addenda space below.)

None (_) #1 (_) #2 (_) #3 (_) #4 (_) #5 (_)

B. Substantiation: Bidder shall attach a copy of this completed page to the Bid Form.

1.6 CONTRACTOR QUALIFICATIONS

A. The Contractor shall have been in business for a minimum of five (5) successive years. The contractor shall be capable of providing evidence of successfully completed projects of comparable complexity and scope.

1.7 TIME OF COMPLETION

A. Calendar Days: Contractor agrees, if awarded the Contract, to complete the Work of the Contract within 90 calendar days form the “Notice to Proceed” issued by KDWP Project Manager.

B. Typical working days: Monday through Friday; 7am to 5pm. No work will be permitted outside of these hours without written approval from the KDWP Project Manager and local staff.

C. No work will be allowed on national holidays without written approval from Project Manager.

D. Calendar Completion Date:

1. Complete all work necessary to open the Project to unrestricted traffic within the calendar days allotted in the Contract Documents or before the calendar completion date expires, including authorized time extensions (if any). Complete all remaining, unfinished contract pay items, subsidiary items, incidental work, extra work, final cleanup, and final punch list within the calendar days remaining (if any), within the days remaining before the calendar completion date expires (if any), and within the Cleanup Time set by the project special provision.

2. The Project Manager will increase the number of calendar days and extend the calendar completion date if the Contractor proves one of the following:

a. Unusually severe weather delayed the Project completion as provided in this subsection 1.7 D.1. Unusually severe weather is adverse weather that at the time of year in which it occurred is abnormal for the place in which it occurred. For unusually severe weather to delay Project completion and warrant additional time under subsection 1.7 D.1, the Contractor must have a schedule showing the controlling item(s) of work and delay to the controlling item(s) of work at the time of the unusually severe weather. In addition, the Contractor must show unusually favorable weather at other times of the year failed to diminish, mitigate, or overcome the delay caused by the unusually severe weather.

b. An Act of God delayed the Project completion.

c. The Project Manager has sole discretion to determine whether to give a time extension under subsection 1.7 D.1. Contractor must submit monthly, in writing, any request for additional weather days to be considered by the Project Manager.

d. Substantial Completion is defined as: All products furnished, installed, and work completed in accordance with the contract documents with exception of deficient items noted on final inspection.

e. Liquidated Damages Amount: Liquidated damages for the Project are established at the rate of $350.00 per day until the completion of the project including all punch-list items.

Summary of Work and General Requirements 01010 - 10 Dam Improvements Chase State Fishing Lake April 2025

1.8 STATE TAX

A. This project has been determined by the Kansas Department of Revenue to be subject to Kansas sales tax. The cost of said Tax must be INCLUDED IN all Bid and Contract prices. Sales tax includes all applicable state, county, and city sales taxes.

B. A general contractor or other contractor who contracts directly with the State of Kansas or one of its agencies shall pay tax as follows:

1. Labor: No tax will be assessed since the labor is purchased directly by the State or one of its agencies.

2. Materials: Taxes will be assessed on material purchased for the project.

C. A subcontractor on this project shall pay tax as follows:

1. Labor:

a. Taxes will be assessed because this labor is not purchased directly by the state or one of its agencies.

b. Labor will not be taxed on projects calling for the original construction of a building or for repair or remodeling of a residence.

2. Materials: Taxes will be assessed on materials purchased for the project.

D. Whether sales tax should be paid to the Department of Revenue by a subcontractor on the subcontractor's labor services will depend upon whether the project qualifies as the original construction of a building or facility or as the repair or remodeling of a residence. The contractor and each subcontractor will be responsible for determining whether labor services for the project qualifies for such exemption and for including the correct amount of state, county, and city sales tax applicable to this project. Contractors and subcontractors must include all sales tax due on materials, which are not exempt on this project. Any questions should be addressed to the Kansas Department of Revenue, Division of Taxation, Taxpayer Assistance Center. (785) 296-0222.

E. A general contractor or other contractor that contracts directly with the State of Kansas shall obtain copies of the Kansas Retailers Sales Tax Registration certificates from all its subcontractors on this project and have them available at the jobsite upon request.

1.9 FEDERAL TAX

A. Federal Tax Included: Bidder acknowledges that the cost for the Federal Excise Tax has been included in quoted prices on the Bid Form, to cover the cost of said tax on all items of construction, equipment, and material subject to such tax.

1.10 PAYMENTS TO CONTRACTOR

A. The Owner will make partial payments to the Contractor for the value, proportionate to the amount of the Contract, of all labor and material incorporated in the work during the preceding calendar month upon receipt of certification from the Project Architect/Engineer.

B. The Contractor shall submit to the Project Architect/Engineer a request for certification for each payment, on current AIA documents G702 and G703 or similar type document. Each item identified on the Schedule of Values shall be broken down into material and labor as separate items on the G703. This request for certification shall include the Contractor's detailed estimate of all items and activities of work to be performed, in the space provided on the form. If requested, the statement shall be supported by such evidence as may be required, showing the Contractor's right to the payment claimed.

1. Project Architect/Engineer will review, approve and forward undisputed requests to the Owner within seven (7) days of receipt.

C. Request for payment for preparatory work and materials delivered and suitably stored at the site to be incorporated into the work at some future period, will be given due consideration. The Project Architect/Engineer may, under certain circumstances, approve payment up to ninety percent (90%) of the value of manufactured products delivered to a suitable warehouse at or near the locale of the project. Contractor assumes all risk associated with stored products and is responsible for any damages that may occur.

D. Payments by the Owner will be due within thirty (30) days after receipt of certified request for payment from the Project Architect/Engineer.

E. Ten percent (10%) of the Work Completed to Date will be retained on each payment request until final completion and acceptance of all Work covered by the Contract.

F. Retainage will be released on any undisputed payment within thirty (30) days after Substantial Completion of the project.

1.11 CHANGE ORDERS

A. Owner and Contractor shall execute appropriate Change Orders covering:

1. Changes in Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work performed in accordance with a Work Change Order.

2. Changes in the Work which are: a) ordered by Owner or b) agreed to by the parties or c) resulting from the Architect/Engineer’s decision, subject to the need for Architect/Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other technical matters.

3. Changes in the Contract Price or Contract Times or other changes which embody the substance of any final binding results.

4. Request for changes in Contract Time shall be submitted monthly. Changes in Contract Time not submitted monthly shall not be considered.

B. No changes in the work covered by the Contract Documents shall be made without having such change executed by Contract Change Order and approved in writing by the Project Manager.

1.12 PRE-CONSTRUCTION

A. Requirements: Prior to starting construction, the following items shall be completed.

1. Receipt of “Purchase Order” from State of Kansas, Division of Purchases.

2. Contractor’s completion of a Pre-Construction Meeting with KDWP personnel.

3. Receipt of “Notice to Proceed” from KDWP Engineering Services Section.

4. Progress Schedule: The contractor will provide a progress schedule either at the pre-construction meeting or within 10 business days before the anticipated beginning of work on the project. Plan and organize the work to meet the Contract Time. An adjusted schedule may be required should the work fall behind the latest schedule by 14 Calendar days and/or if a planned sequencing change is required to complete the work within the Contract Time.

1.13 SUBMITTALS

A. Addressing of Submittals: Points of Contact for submittals, notifications, and reports required by the Specifications and Conditions of the Contract will be provided at the time of award.

B. Format and Identification: Project name shall be on all submittals. Submittals shall be approved by the General Contractor prior to submittal to the Architect/Engineer. All copies shall have an indication of General Contractor approval.

C. Marking and Legibility: Submittals in the form of manufacturer’s standard preprinted data and brochures shall be suitably marked by Contractor to designate the information, materials, and products applicable to the Project.

D. Copies: Contractor shall provide 2 copies of each submittal for Owner’s records plus the number of copies needed by Contractor.

E. Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Architect/Engineer’s receipt of submittal.

1. Initial Review: Allow 7 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Architect/Engineer will advise Contractor when a submittal being processed must be delayed for coordination.

2. Resubmittal Review: Allow 5 days for review of each resubmittal.

1.14 GENERAL GUARANTEE

A. The Contractor shall remedy and make good all defective workmanship and materials and pay for any damage to other work or property resulting therefrom, which appear within a period of one year from the date of final project completion, providing such defects are not clearly due to abuse or misuse by Owner. The Owner will give notice of observed defects with reasonable promptness. The one (1) year period will not apply to defective workmanship and materials not discovered within the one-year period.

B. Neither the Certificate of Substantial Completion, Final Certificate for Payment, nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any expressed warranties or responsibility for faulty materials or workmanship.

C. The guarantee on all work covered under this contract shall begin on the date of final project completion/acceptance. Any additional work in this area shall be considered warranty work by the Contractor.

D. Where guarantees or warranties are required in sections of specifications for period more than one year, such longer terms shall apply.

E. Within nine months after official acceptance of the Project, the Owner, the Contractor, the Project Architect/Engineer, and Project Manager shall conduct a full inspection of the completed project and the Contractor shall promptly correct all items noted.

F. If, within one year after the date of final completion of the work or designated portion thereof, or after the date for commencement of warranties, or by terms of an applicable special warranty required by the Contract Documents, any of the work is found not to be in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Project Architect/Engineer/Owner to do so unless the Project Architect/Engineer/Owner has previously given the Contractor a written acceptance of such condition.

G. Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of time period of one year as described in this Article relates only to the specific obligation of the Contractor to correct the Work and has no relationship to the time with which the obligation to comply with the Contract documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to his obligations other than specifically to correct the Work.

1.15 GUARANTEES AND WARRANTIES

A. General: Provide guaranties and warranties in accordance with the General Conditions of the Contract and as required by the Specifications.

B. Submittal: Points of Contact for submitting warranties and guarantees shall be provided at the time of award.

1.16 MATERIAL, EQUIPMENT, AND SUBSTITUTIONS

A. Materials and Products: In general, the Contract Documents identify the required materials and equipment by naming one or more manufacturer’s brand name, model number, catalog number, or other similar proprietary identification. Where one or more proprietary identifications or manufacturers is listed for a category of material and equipment, the intent is that the Contractor may provide any of those listed. Bids shall be based on Contractor providing only those materials and equipment named and identified in the Contract Documents.

B. Material Quality: Contractor provided material and equipment shall be new, unused, and undamaged when delivered to the site.

C. Substitutions: Materials and equipment not named in the Contract Documents which the Contractor wishes to provide will be considered as a substitution in accordance with the following procedures and conditions and may be provided only when approved by the Owner.

1. Substitution Requests: When request for substitution is made after execution of the Contract, Contractor shall request it in writing and it shall be accompanied by complete information to allow Owner’s analysis including, manufacturers and product identification, technical data including performance, dimensional and operational characteristics, cost data impact on time for completion, samples, and other information necessary for analysis. Include an itemized comparison of the qualities and characteristics of the specified item versus those of the substitution item. Submit 2 copies of request and accompanying information and clearly identify as “Request for Substitution” followed by appropriate Project Name.

2. Owner will consider substitutions only under one or more of the following conditions:

a. Required for compliance with subsequent interpretations of code requirements.

b. Unavailability of a specified item, through no fault of Contractor.

c. Subsequent information discloses inability of specified item to perform properly or fit in designated space.

d. Manufacturer of fabricator refuses to certify, guarantee, or warranty performance of specified item.

e. When the Owner determines that in his judgment a substitution would be substantially to the Owner’s best interest in terms of cost, time, or other considerations.

3. Contractor’s Representations: By submitting a request for substitution, Contractor represents the following:

a. Proposed substitution has been personally investigated by Contractor.

b. The substitution material or equipment carries the same or better warranty or guarantee as the specified item.

c. Cost data presented is complete and includes all related costs under the Contract, and Contractor waives all claims for additional costs related to the substitution and the Project which subsequently become apparent.

d. Installation of an approved substitution shall be coordinated with all portions of the Work, and that changes as may be necessary shall be made so that the Work is complete in all respects.

1.17 TEMPORARY FACILITIES AND CONTROLS

A. General: Contractor shall provide temporary facilities and controls necessary to complete the Work. Remove Contractor provided temporary facilities and controls upon completion of the Work and sooner when no longer needed.

B. Contractor’s Field Office and Storage: Space for a field office within the work area is acceptable. An exterior area to accommodate a field office or material storage at the work site, if requested by Contractor, will be provided at a location to be designated by the Owner. Owner is not responsible for safe keeping or protection of materials of equipment stored on Owner’s property.

C. Equipment: Equipment left on site shall be stored in staging area shown on plans.

D. Toilet Facilities: Not provided.

E. Water: Not provided.

F. Electric and Lighting: Not provided.

G. Telephone: Not provided.

1.18 ADDITIONAL REQUIREMENTS

A. Existing Facilities: The Contractor shall take all necessary precautions to insure against damage to existing facilities and their contents. Any damaged items shall be repaired or replaced by the Contractor at no additional cost to the Owner.

B. Protection of Work: The Contractor shall take all necessary precautions to insure against damage to Products and Work. Any damaged items shall be replaced, or repaired, to eliminate evidence of repair, at no additional cost to the Owner.

C. Project Maintenance: Remove debris and rubbish from the work site as frequently as necessary to avoid safety hazards and unsightliness, and at the end of each workday.

D. The Contractor shall carefully preserve all monuments, benchmarks, property markers, reference points, and stakes. In case of his destruction thereof, the Contractor will be charged with the expense of replacement and shall be responsible for any mistake or loss of time that may be caused. In the cases of permanent monuments or benchmarks which must be removed or disturbed, the Contractor shall furnish material and assistance for the proper replacement of such monuments or benchmarks.

1.19 INSPECTIONS

A. Inspections:

1. Inspections will be conducted by the Architect/Engineer/Project Manager (or the designated representative) as frequently as deemed necessary.

2. Contractor is responsible for all 3rd party inspections and testing.

B. Notifications: The Contractor shall give the Project Manager a minimum of 24 (twenty-four) hour notice prior to any concrete pours or concealment or covering for inspection purposes.

C. Inspections conducted by the Architect/Engineer/Project Manager (or the designated representative) does not relieve Contractor from compliance of Contract Documents.

1.20 SALAVAGE & EXISTING FACILITIES

A. Salvage: KDWP shall have first rights of refusal for all removed equipment and materials, including but not limited to electrical distribution equipment and water hydrants. Any items not claimed by KDWP (as indicated by a signed document by KDWP Project Manager) are to be removed and legally disposed of by the Contractor.

B. Existing underground wiring is generally to be abandoned in place, except where removal is necessary to coordinate with new installation. Where existing wiring to be abandoned in place rises from the ground, it is to be removed down to its normal burial depth so as not to be exposed near the ground surface.

C. Existing Facilities: The Contractor shall take all necessary precautions to insure against damage to existing facilities and their contents. Any damaged items shall be repaired or replaced by the Contractor at no additional cost to the Owner.

D. Utilization of Materials: All materials, including rock excavated from the work or structures removed from the site, not belonging to other parties, and not required for new construction, shall be and remain the property of the Owner and shall be delivered and neatly piled by the Contractor at a point designated by the Owner/Architect/Engineer. Such material shall be considered in the custody of the Contractor until delivered at the place designated and the Contractor shall be held responsible for its care and protection and must make good any losses occasioned by damage, theft, or misappropriation while it is on the work site or enroute to the place of storage.

1.21 PRE-FINAL AND FINAL CONSTRUCTION REVIEW

A. At Contractor’s request, Owner/Architect/Engineer will make pre-final construction review to determine if to the best of its knowledge project is completed in accordance with Contract Documents.

B. Items found by Owner/Architect/Engineer as not complete or not in accordance with requirements of contract will be outlined in report to Owner/Architect/Engineer for forwarding to Subcontractors. Subcontractor shall complete and/or correct these items, before notifying Owner/Architect/Engineer it is ready for final review.

C. At final construction review, Contractors shall be present or shall be represented by a person of authority. Each shall demonstrate, as directed by Owner/Architect/Engineer that work complies with purpose and intent of contract documents and shall provide labor, services, instruments, or tools necessary for such demonstrations and tests.

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