Attachment A - Special Conditions.pdf

SPECIAL CONDITIONS

Morris Heights FLG #3 & MBT #01 – Sand Creek Trail Improvement Project

1. Job Description. The project includes, but is not limited to the supply and installation of the following:

• Site Preparation

• Protection of Existing Trees

• Erosion & Sedimentation Control

• Concrete Paving

• Installation of Stabilized Crusher Fines

• Trail Culvert Installation

2. All questions regarding this bid should be addressed to the assigned Purchasing Agent and Project Manager, refer to the Project Manual for contact information. Answers to written questions will be provided in the form of an Addendum and will be considered binding. Oral and other interpretations or clarifications will be without legal effect. Addenda(s) will be published in the same manner as the Invitation to Bid.

3. Appearance of the finished work is of primary importance in all phases of this project. ANY

PORTION OF THE WORK MAY BE REJECTED DUE TO APPEARANCE.

4. It is strongly recommended that the Contractor attend the pre-bid conference to bring up questions, clarifications, or corrections to the City of Aurora. Meeting minutes will not be sent to the plan holders, however, any Addenda generated from that meeting will be published on BidNet.

5. Minor Contract Revisions: The line item listed in the Contract Proposal as “Minor Contract

Revisions” is an allowance for unforeseen field conditions. It is reserved for minor unforeseen costs not anticipated by the Contract Documents. Payment shall be made only on approval by the COA Project Manager on a negotiated basis.

6. Award or Rejection of Bids: The following paragraph shall be added to the Instructions to Bidders, Article 18, Award or Rejection to Bids.

The Contractor must bid all items. It is in the best interest of the City to award the contract to the qualified bidder whose total bid, including any Alternate(s) selected by the City, is lowest in the number of dollars. If the base bid exceeds the funds available, the City has the right to reject all bids.

7. In accordance with General Conditions, Article 11.5, Liquidated Damages, the sum shall be two hundred dollars ($200) per calendar day. This sum reflects a reasonable forecast of expenses the City would incur due to the Contractor's failure to complete the project within the time stated in the contract documents.

8. In accordance with General Conditions, Article 9.3.6, City of Aurora Project Manager's

Responsibilities, work beyond normal City working hours, on weekends, and established City holidays, may be allowed, but the contractor will be charged overtime rates for required City personnel. Assessments for overtime charges will be invoiced to the Contractor for payment or will be deducted from payments due the Contractor. A minimum four (4) hour call out time per employee, at the following rates, will be charged. The Contractor's request for weekend and holiday overtime inspection, testing and other required services shall be made not less than thirty-six (36) hours prior. Overtime rates are as follows:

Inspection & Testing $ 93.75/hr. per person Project Manager $ 75.00/hr. per person

9. Performance period. All work must be completed within ninety (90) consecutive calendar days, plus ten (10) consecutive calendar days for mobilization, after issuance of Notice to Proceed. The contract may be extended by the City of Aurora Project Manager if the Contractor cannot work because of adverse weather or climatic conditions or due to delay of delivery of products (see General Conditions).

Weather: Any usual weather conditions shall include the following number of days per month when conditions are not conducive to construction activities:

January 7 days May 6 days September 3 days

February 4 days June 3 days October 3 days

March 4 days July 4 days November 4 days

April 4 days August 2 days December 5 days

10. A Critical Path Method (CPM) construction schedule complying with the required completion date shall be submitted for acceptance at the pre-construction conference.

Contractor shall use the city’s new construction management system called Projectmates.

This software shall be used for all schedules, submittals, change orders, RFI's and communication during construction.

11. Lines and Grades. Article 9.2 of the General Conditions shall be amended to read as follows:

The Contractor is responsible for furnishing all construction survey work necessary for the proper layout of all lines and grades as shown on the Drawing. It shall be the decision of the City of Aurora Project Manager as to whether the Contractor has laid out the work adequately or shall require the assistance of a Licensed Surveyor. If the latter shall be required, the cost of this service shall be borne solely by the Contractor.

12. As-Builts. Should the work as installed differ from the original design, the Contractor shall supply the city with a reproducible mylar "as-built" drawing with all deviations from the original recorded hereon (layout and grades included). This "as-built" shall be found to be of acceptable quality by the City of Aurora Project Manager. Upon request, the City shall supply the Contractor with a mylar base map for his "as- built" drawing.

13. Computed and recorded dimensions shall take precedence over scale dimensions and large scale over small-scale drawings.

14. Substitutions: Article 7 – Substitutions of the Instructions to Bidders, Section 7.2 shall be amended as follows: The first sentence of section 7.2 is amended per the following: “Any item proposed as an "equal" to that which is specified within the Bid Document shall be approved, in writing, by the City of Aurora Project Manager, a minimum of five (5) business days prior to bid opening.”

15. The Contractor shall obtain all permits, licenses and bonds as required by the City of Aurora, prior to beginning construction. This includes a Temporary Construction Access Permit (TCAP) from Denver Parks and Recreation for work on the west end of the project to tie into the existing Denver Sand Creek Trail Section.

16. The Contractor is required to obtain a City of Aurora Stormwater Quality Discharge Permit and submit a Fiscal Security to accompany the permit application. This project is not exempt from supplying fiscal security. Permit application, permit close out and conditions governing the fiscal security will be per the most recent City of Aurora Rules and Regulations Regarding Stormwater Discharge Associated with Construction Activities manual.

17. The Contractor shall verify all dimensions and notes, both existing and proposed, prior to beginning any work. Any errors, inconsistencies or omissions shall be brought to the attention of the City of Aurora Project Manager.

18. The total bid price quoted on the Contract Proposal shall be the sum total of compensation for all work required under all items on the Base Bid Proposal. The Contractor shall be responsible for the accuracy of his quoted prices. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

19. The Contractor shall arrange a pre-construction walk-thru with City of Aurora's Project

Manager and Inspector to mark existing damages to site features.

20. The Contractor is responsible for all damage to existing native grass, trees, irrigation, utilities, hardscape, drainage patterns and all other facilities occurring during construction and shall bear the expense of any necessary repair to the satisfaction of the City of Aurora Project Manager.

The Contractor shall coordinate with PROS Operations and Management Division personnel at least 5 working days in advance of starting work in the area. The Contractor shall contact the Operations and Management Division for existing irrigation system component locations at least 48 hours prior to beginning any work. Any damage to marked or unmarked irrigation improvements or utilities by the Contractor shall be repaired at the Contractor’s expense. This is no way all inclusive of all utilities or all of the irrigation system. All repair work to any irrigation components will be inspected by PROS Operations and Management Division personnel prior to burial and acceptance of said work.

For questions regarding the landscape/irrigation areas, call the City of Aurora Project Manager at 303-739- 7160.

21. Watering No landscape shall be without watering services during the growing season. If the irrigation service is interrupted for more than three days, the contractor shall be liable to hand/truck water and possibly all plant replacement in the affected landscape.

22. The Contractor shall be responsible for repairing damage to work under this contract including vandalism and theft at no additional cost to the City of Aurora.

23. Prior to Notice to Proceed, the Contractor shall submit a Construction Phasing/Traffic Control

Plan to the City of Aurora, Traffic Engineering Division, and the City of Aurora Project Manager, and receive approval by the City of Aurora, Traffic Division. The Contractor shall adhere to the plan and stipulations approved by the Traffic Division.

24. The Contractor shall coordinate with all utility companies concerned, regarding utility location and protection.

25. Public safety is of primary importance. The Contractor shall maintain the work site in a secure and safe manner, using barricades, temporary fencing and other suitable methods. The cost of such security and safety measures shall be borne entirely by the Contractor.

26. The Contractor shall remove construction debris from the site on a daily basis. This includes but is not limited to concrete washout debris. No on- site drum washing will be permitted. No stockpiling will be permitted.

27. The Selected Contractor shall have an individual on site at all times during which work is in progress who can read the drawings and specifications, understands their content and the processes necessary to complete the tasks, and effectively communicate with the City of Aurora Landscape Architect, Project Manager and or Inspector. If such an individual is not present, the project may be shut down.

28. All Contractors submitting bids must have proven successful experience completed in a timely manner, in the construction of similar projects specifically relating to the installation of playgrounds and concrete flatwork within the last three (3) years. Prior to award, the apparent low bidder may be required to submit a minimum of three (3) references for material suppliers and for projects which demonstrate successful experience with similar work in addition to the name of the person proposed to serve as Construction Superintendent or Manager for this project. The proposed construction superintendent must have been integrally involved in at least two (2) of the three (3) projects submitted as references. If the Contractor is planning to sub- contract work related to these portions of the project, a similar reference submittal may be required for the sub-Contractor prior to award. Should the references submitted be incomplete or not be related to similar successfully completed projects, the City may award this project to the next low bidder. Upon award of the project, the Contractor may not substitute a different Construction Superintendent/Manager or sub-Contractors without written permission of the City's Project Manager.

29. It is the Contractor’s responsibility to familiarize themselves with the plans, drawings, specifications, site conditions, and anticipated weather conditions during the term of the project. It is the Contractor’s responsibility to install, inspect, and maintain the function and integrity of all required BMP’S, whether they are detailed on the plans or as directed by the City of Aurora Project Manager.

30. In addition to this Project Manual, the Contractor shall obtain a copy of the City of Aurora

Roadway Design Standards and Specifications, latest revision, and Public Utility Improvements, latest revision. In any conflicts or inconsistencies existing between the above-mentioned Standards and the Project Manual, the Roadway Specifications and/or Public Utility Improvements shall take precedence.

https://www.auroragov.org/business_services/development_center/codes_rules/design_standa rds/engineering_design_standards

31. Slip-forming of the concrete path is an acceptable alternative to forming all sections, provided the Contractor can supply proof of successful experience to the City of Aurora Project Manager.

32. The Contractor is responsible for securing an on-site staging area for storing materials and equipment. Staging area location is to be approved by City of Aurora Project Manager, prior to any mobilization.

33. Mobilization. This work shall include the mobilization of sufficient personnel, equipment, and supplies at the project site in preparation for work on the project. This item shall also include the establishment of a field office, sanitary and other necessary facilities, obtaining permits, and all other costs incurred in labor and operations, which must be performed prior to commencement of contract work. Also, included in this item are costs of the required bonds and insurance.

Bid price for mobilization shall not exceed in any case 5% of the subtotal bid price for the project.

34. A progress meeting shall be held each week at the City’s offices, or other approved location, with the City of Aurora Project Manager, Inspector and the Project Superintendent/ Manager in attendance. At each weekly progress meeting the Contractor shall be responsible for writing and distributing meeting minutes, submitting a written report detailing the progress of the project, any outstanding construction issues, any claims which involve contract time or contract cost implications from the previous week or foreseeable future. Contractor to keep daily construction activity reports, submitted on a weekly basis to the City of Aurora Project Manager. If the construction schedule has changed or needs to be altered in any manner, the Contractor shall submit a revised schedule at the weekly progress meeting. If the Contractor is unable to attend the weekly progress meeting, the City must be notified in writing 24 hours prior to meeting with the Contractor’s justification for failure to attend.

35. All construction shall be completed Monday – Friday unless the City of Aurora City of Aurora

Project Manager authorizes weekend work on a project or situation specific basis.

36. The term “Engineer” in the General Conditions shall refer to the “City of Aurora Project Manager.”

37. Article 4.1 of the Instructions to Bidders shall be amended to read as follows: Fifty percent

(50%) of the work shall be based on the total dollar amount awarded for the Project. The subcontracted work shall be defined as all the necessary materials, labor and equipment needed to supply and install the subcontracted work for which it is intended.