ITB _2024_022 Lake Erin Dam Improvements Bid .pdf

City of Tucker

Invitation to Bid

ITB 2024-022

LAKE ERIN DAM REHABILITATION PROJECT

BID MANUAL

City of Tucker 1975 Lakeside Parkway, Suite 350

Tucker, Georgia 30084

TABLE OF CONTENTS

INVITATION TO BID

Bid Advertisement

EXHIBIT A: BID SUBMITTAL REQUIREMENTS

Purpose and Intent Instructions to Bidders General Conditions

EXHIBIT B: COST PROPOSAL

Cost Proposal Form

EXHIBIT C: TECHNICAL SPECIFICATIONS

Section 01 00 00 – Site Restoration Section 01 43 00 – Quality Assurance Section 01 50 00 – Temporary Facilities and Controls Section 01 56 33 – Construction Security Fence Section 01 57 00 – Reservoir Control Section 01 57 13 – Temporary Erosion and Sediment Control Section 01 74 19 – Disposal of Waste Materials

Section 02 21 13 – Layout of Work and Surveying Section 02 41 13 – Selective Demolition

Section 03 01 30 – Concrete Repair Section 03 11 13 – Structural Cast-in Place Concrete Forming Section 03 15 00 – Concrete Joints and PVC Waterstops Section 03 20 00 – Concrete Reinforcing Section 03 30 00 – Cast-in-Place Concrete

Section 05 50 00 – Metal Fabrication Section 05 51 33 – Metal Ladder

Section 31 11 00 – Clearing and Grubbing Section 31 14 13 – Stripping and Stockpiling Topsoil Section 31 23 00 – Earthwork Section 31 23 19 – Dewatering Section 31 52 00 – Cofferdam

Section 32 15 00 – Aggregate Surfacing

Section 32 31 13 – Chain Link Fences and Gates Section 32 91 19 – Topsoil Section 32 92 00 – Turf and Grasses

Section 33 01 30 – Pipe Cleaning and Video Inspection Section 33 24 13 – Piezometers Section 33 46 00 – Subdrainage Systems

ITB #2024-022 LAKE ERIN DAM REHABILITATION PROJECT

Section 33 42 10 – Pipe Abandonment Grouting Section 33 42 13 – Reinforced Concrete Pipe

Section 35 43 35 – Riprap Slope and Scour Protection

Section 40 05 59 – Stainless Steel Slide Gates

INVITATION TO BID:

The City of Tucker, Georgia requests that interested parties submit proposals for the LAKE ERIN DAM REHABILITATION. Bids will be accepted until the date and time listed below and will be awarded to the lowest responsible and responsive bidder. The City reserves the right to negotiate with the lowest responsible and responsive bidder as provided for in O.C.G.A. § 36-91-21.

Addenda and updates to this bid manual will be posted on the City of Tucker website http://tuckerga.gov/bids or may be requested by email procurement@tuckerga.gov.

BID ACTIVITY SCHEDULE

Invitation to Bid Issued October 1, 2024

Pre-Bid Conference October 10, 2024 at 10 AM EST

Deadline for Questions October 15, 2024 by 1 PM EST

Responses to Questions Posted (Addenda) October 18, 2024

Bid Submittal Deadline October 31, 2024 by 1 PM EST

Award at Council Meeting (Tentative) November 28, 2024

Substantial Completion from Notice to Proceed 300 Calendar Days

SCOPE OF WORK: Refer to Exhibit A.

QUESTIONS: Submit all questions in writing to procurement@tuckerga.gov with the subject line “Questions: ITB 2024-022”.

PRE-BID CONFERENCE: A mandatory pre-bid conference is scheduled for October 10, 2024 at 10:00 am (EST). 4000 Henderson Park Road, Tucker, GA 30084. Attendees will meet at the pavilion in Henderson at the end of Henderson Park Road. (enter the park from the Livsey Road).

A site visit to the adjacent project location will follow the meeting.

ADDENDA: Responses to the questions received will be by addenda and will be posted on the City website www.tuckerga.gov/bids. The signed acknowledgement issued with each addendum must be submitted with the proposal. It is the bidder’s responsibility to verify if any addenda were issued.

SUBMITTAL REQUIREMENTS: Vendor shall submit ITB Response electronically to procurement@tuckerga.gov no later than October 31, 2024 at 1:00pm EST with the subject line “Submittal: ITB #2024-022”. The email must contain the vendor’s contact information.

Submittals should be one PDF file and named <Company Name>.ITB 2024-022.Bid Submittal.pdf

BID OPENING: Bids will be publicly opened at City Hall at 1:05pm EST on Thursday, October 31, 2024.

BID SUBMITTALS: A listing of submittals received prior to the bid deadline will be posted on the City website www.tuckerga.gov/bids following the opening of the bids.

http://tuckerga.gov/bids mailto:procurement@tuckerga.gov mailto:procurement@tuckerga.gov http://www.tuckerga.gov/ mailto:procurement@tuckerga.gov http://www.tuckerga.gov/bids

BID SUBMITTAL DOCUMENTS:

1. Technical, Personnel and Work Plan Proposal as Specified in Section 1.3

Qualifications of Bidders

2. Cost Proposal Form (Exhibit B)

3. W-9 Form (Provided)

4. Certificate of Current Insurance

5. Notarized Contractor Affidavit (Provided)

6. Notarized Subcontractor Affidavit (Provided)

7. Notarized Bid Bond Form (Provided)

8. Proposed List of Subcontractors Form (Provided)

9. Notarized Oath of Non-Collusion (Provided)

10. Acknowledgement of Addendum form issued with each Addendum

11. Contact Form (Provided)

All responses must be received electronically by the Bid Deadline. (Addenda will show any schedule updates). No bids will be received orally or by phone. Late bids will not be considered.

Bids received after the bid deadline will be filed unopened. The City of Tucker reserves the right to reject any and all bids or any part, to waive any formalities to make an award and to re-advertise in the best interest of the City.

The city reserves the right to negotiate pricing and may, in its discretion, award a contract to the lowest responsible and responsive bidder submitting the proposal.

City of Tucker Request for Proposals

RFP 2024-022

LAKE ERIN DAM REHABILITATION

EXHIBIT A:

BID SUBMITTAL REQUIREMENTS

PURPOSE, INTENT AND PROJECT DESCRIPTION

The City of Tucker (City), requests that interested parties submit formal electronic bids for the construction of Lake Erin and Dam REHABILITATION Project.

Project Description: This project consists of repairs and associated site improvements to Lake Erin Dam located at Henderson Park, City of Tucker, Dekalb County, Georgia. The Work includes but is not limited to the following: reservoir control; demolition of existing spillways; partial excavation of the existing embankment; construction of a new spillway system and lake drain with an impact basin outfall; and reconstruction of the earth embankment dam with a flatter upstream slope. The project will also include temporary erosion and sediment control; rip rap protection both on the upstream slope and beyond the downstream slope in the floodway channel; permanent grass cover; and site restoration.

This document in its entirety for ITB 2024-022 is available for download on the City of Tucker website: http://tuckerga.gov/bids or request via email to procurement@tuckerga.gov. All future communications and supporting documents for ITB 2024-022 will be posted on the website.

SUPPLEMENTAL INSTRUCTIONS TO BIDDERS

1.1 PREPARATION OF PROPOSAL

Refer to “Invitation to Bid”

1.2 MODIFICATIONS

Any bidder may modify his/her bid any time prior to the scheduled submittal deadline for receipt of bids, provided such modification is received electronically by the Owner prior to the submittal deadline.

1.3 QUALIFICATION OF BIDDERS

A. The Contractor shall be licensed in the State of Georgia as a General Contractor to perform work associated with this project.

B. The Contractor shall provide a technical proposal which includes the following: Limit of three (3) pages:

1. The Contractor shall demonstrate final completion of at least three (3) dam projects within the past ten years on dams greater than 30 feet in height and for contract values greater than $2,000,000, one of the three being greater than $3,000,000. Project descriptions should be provided which include the dam name, dam height, contract value, and description of work performed.

References shall be included for the three dam projects and shall include the following http://tuckerga.gov/bids mailto:procurement@tuckerga.gov information:

a. Name of client organization;

b. Name, title, telephone number, and e-mail address, if available, of point of contact for client organization.

2. At least one of the three dam projects shall demonstrate work experience constructing a concrete intake tower and / or a concrete impact basin.

3. At least one of the three dam projects shall demonstrate work experience placing drain material within an earthen embankment dam.

C. The Contractor must demonstrate that their proposed team meets the following minimum staffing requirements: Limit of two (2) pages:

1. The Contractor shall provide a Project Manager (responsible for overall construction coordination) with fifteen years’ experience in the construction industry and with specific experience working (as a Project Manager or Site Superintendent) on at least one (1) dam project within the past ten years on a dam greater than 30 feet in height and a contract value greater than $3,000,000. Project Manager identified in the Bid Package must serve as Project Manager on the Project and cannot be replaced without written consent of the Owner.

2. The Contractor shall provide a Site Superintendent with at least ten years’ experience in the construction industry and with specific experience working on at least one (1) dam project within the past ten years on a dam greater than 30 feet in height and a contract value greater than $3,000,000. Project Superintendent identified in the Bid Package must serve as Superintendent on the Project and cannot be replaced without written consent of the Owner.

D. The Contractor shall provide a Work Plan which includes the following: Limit of three

(3) pages:

1. The specific methodology, techniques, equipment and number of staff to be used by the Contractor in providing each type of the required work as outlined in the project contract documents.

2. An outline of the overall management concepts employed by the Contractor and a project management plan, including project control mechanisms and a project schedule.

1.4 POWER OF ATTORNEY

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

GENERAL CONDITIONS

INDEX

PART TITLE

1.01 DEFINITIONS OF TERMS

1.02 CITY OF TUCKER REQUIREMENTS

1.03 APPLICABLE REQUIREMENTS

1.04 SPECIFICATIONS

1.05 SPECIFICATIONS AND DRAWINGS TO BE SUPPLEMENTARY

1.06 PRESENT DOCUMENTS GOVERN

1.07 DRAWINGS

1.08 CONTRACTOR’S SHOP DRAWINGS

1.09 PUBLISHED SPECIFICATIONS

1.10 INSTRUCTIONS, CHANGES, ETC.

1.11 EXAMINATION OF WORK BY CONTRACTOR

1.12 MATERIALS, SERVICES AND FACILITIES

1.13 OR EQUAL CLAUSE

1.14 INSPECTION AND TESTING OF MATERIAL

1.15 INSPECTION OF WORK

1.16 AUTHORITY OF THE OWNER

1.17 AUTHORITY AND DUTIES OF THE DESIGN PROFESSIONAL

1.18 NO PERSONAL LIABILITY

1.19 PROHIBITED INTERESTS

1.20 REJECTION OF WORK AND MATERIALS

1.21 DISAGREEMENTS

1.22 WEATHER CONDITIONS

1.23 ROYALTIES AND PATENTS

1.24 CONTRACTOR’S PERSONNEL

1.25 LINES, GRADES, AND MEASUREMENTS

1.26 LAWS AND REGULATIONS

1.27 CONTRACTOR’S OBLIGATIONS

1.28 SUBCONTRACTING

1.29 ASSIGNMENTS

1.30 OTHER CONTRACTS

1.31 MUTUAL RESPONSIBILITY OF CONTRACTORS

1.32 EMPLOYEE TAX

1.33 SALES TAX

1.34 LAND AND RIGHT-OF-WAY

1.35 ESTIMATE OF QUANTITIES

1.36 USE OF PREMISES

1.37 PROTECTION OF WORK, PROPERTY AND PERSON

1.38 CONTRACTOR’S RESPONSIBILITY FOR WORK

1.39 PRIOR USE BY OWNER

1.40 CLEANING UP

1.41 BARRICADES AND WARNING SIGNS

1.42 TRAFFIC UNDER CONSTRUCTION

1.43 MAINTENANCE OF SERVICE

PART TITLE

1.44 CHANGES IN THE WORK

1.45 CONTRACTORS DAILY REPORT

1.46 PAYMENTS BY CONTRACTOR AND LIEN WAIVERS

1.47 PAYMENTS TO CONTRACTOR

1.48 OWNER’S RIGHT TO WITHHOLD PAYMENTS

1.49 OWNER’S RIGHT TO SUSPEND OR TERMINATE WORK

1.50 CONTRACTOR’S RIGHT TO TERMINATE CONTRACT

1.51 MEASUREMENT OF WORK

1.52 ACCEPTANCE OF WORK AND FINAL PAYMENT

1.53 DEDUCTION FOR UNCORRECTED WORK

1.54 GUARANTEE AND CORRECTION OF WORK

1.01 DEFINITION OF TERMS:

A. Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

1. Bidder refers to any person, firm or corporation submitting a Proposal for the Work.

2. Bonds refers to bid, performance, payment, and other instruments of security furnished by the Contractor and his Surety in accordance with the Contract Documents.

3. Change Order refers to a written order to the Contractor signed by the Owner issued after execution of the Contract authorizing changes in the Work, or an adjustment to the Contract Price or Contract Time.

4. Owner refers to the City of Tucker for whom the work is to be performed.

5. Contract Shall mean the written agreement between the Owner and the Contractor covering the Work to be performed as set forth in the Contract Documents.

6. Contract Documents Shall include Addenda, Bonds, Certificates of Insurance, Change Orders, Contract, Drawings, Conditions of the Contract, and Technical Specifications.

The intent of these documents is to include all materials, appliances, tools, labor, and services of every kind necessary for the proper execution of the Work, and the terms and conditions of payment therefore. The Contract Documents shall be considered as one, and whatever is called for by one of them shall be as binding as if called for by all.

7. Contract Price Shall refer to the total amount payable to the Contractor under the

Contract Documents for the performance of the Work.

8. Contract Time Shall refer to the number of calendar days stated in the Contract Documents for the Substantial Completion of the Work.

9. Contractor or General Contractor shall mean the individual, firm or corporation undertaking the execution of the Work under the terms of the Contract and acting through its agents and employees.

10. Director refers to the Executive Director, or any duly authorized representative of the

Owner.

11. Drawings or Plans refers to those Drawings which show the character and scope of the Work and include all Drawings enumerated in a list of Drawings and or supplemental Drawings, if any, identified elsewhere in the Contract Documents.

12. Field Order refers to a written order issued by the Owner that clarifies or interprets the

Contract Documents.

13. Latent Defect refers to a hidden defect in material, workmanship or discovered missing item(s) as required by Contract after the Warranty Period, it’s omission that may cause failure, malfunction or not provide service as required, but is not or was not discoverable through general inspection.

14. Notice of Award refers to the written notice issued by the Owner to the selected Bidder stating that upon compliance with the conditions precedent to be fulfilled by him/her within the time specified, the Owner will execute and deliver the Contract to the Contractor.

15. Notice to Proceed refers to the written notice issued by the Owner to the Contractor authorizing him/her to proceed with the Work and establishing the date of commencement of the Work.

16. Proposal refers to the offer, bid, or Proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

17. Resident Inspector or Inspector refers to the representatives of the Owner authorized to observe the construction of the Project.

18. Shall and Will are mandatory; Should and May are permissive.

19. Subcontractor Shall mean any individual, partnership, firm, corporation, or other entity that either maintains an employee or employees on the Project Site for the purpose of prosecuting the Work of the Contract of provides materials worked to a special design according to the Drawings and Specifications of these Contract Documents.

Subcontractor shall not mean the General Contractor or any entity that merely furnishes materials not worked to special design.

20. Special Conditions when included as a part of the Contract Documents, Special Conditions refer only to the Work under this Contract.

21. Specifications refers to those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work. The Specifications generally consist of the Contract Documents and Technical Specifications, GDOT Specifications, if included as listed in the Table of Contents.

22. Substantial Completion refers to the stage in construction when a project can be utilized for the purposes for which it was intended. At Substantial Completion, minor items and items that are seasonally restricted need not be completed, but the items that affect operational integrity and function of the facility must be capable of continuous use.

Contract Time with regard to Liquated Damages and Contract duration terminates.

23. Supplier refers to any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the Site.

24. Surety refers to the corporate body which is bound with the Contractor and which engages to be responsible for the Contractor and his acceptable performance of the Work.

25. Warranty Period refers to the one-year period in which the Contractor warrants the Contracted for Work. The Period is 365 days from Substantial Completion. Warranted Work encompasses defects in workmanship, material, products, etc.

26. Work of the Contractor or Subcontractor(s) Shall include all labor, material, equipment, transportation, skill, tools, machinery and other equipment and things useful or necessary in order to complete the Contract.

1.02 CITY OF TUCKER REQUIREMENTS

A. CONTRACTOR REQUIREMENTS

1. The contractor will be responsible for providing all labor, materials, and equipment necessary to perform the work. This is a lump sum bid. Payment will be made based on the percentage of work completed.

2. The contractor is responsible for inspecting the jobsite prior to submitting a bid. No change orders will be issued for differing site conditions.

3. Five percent (5%) retainage will be withheld from the total amount due the contractor until Final Acceptance of work is issued by the City. The City will inspect the work as it progresses.

B. PROSECUTION AND PROGRESS

1. The Contractor shall comply with the following:

a. Mobilize with sufficient forces such that all construction identified as part of this contract shall be substantially completed within 300 days of Notice to Proceed. The contractor will be considered substantially complete when all work required by this contract has been completed (excluding final punch list work).

b. Upon Notice of Award, the Contractor will be required to submit a Progress Schedule. The contractor shall provide a project progress schedule prior to or at the preconstruction meeting. This schedule should accurately represent the intended work and cannot be vague or broad such as listing “each dam” in the contract. The contractor shall submit a two-week advance schedule every Friday by 2:00 p.m., detailing scheduled activities for the following week.

c. The normal workday for this project shall be 7:00AM to 7:00PM and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case-by-case basis. No work will be allowed on national holidays (i.e. Memorial Day, July 4th, Labor Day, etc.).

d. The work will require a bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. A one (1) year landscape maintenance bond will be required. The selected contractor will be responsible for the maintenance of landscape materials for one (1) year including watering and replacement of dead materials. The City will conduct an inspection at the end of the warranty period.

2. The City shall perform a Final Inspection upon substantial completion of the work. The contractor will be allowed to participate in the Final Inspection. The contractor shall be assessed liquidated damages in the amount of $500.00 per calendar day for any contract work (excluding punch list items) that is not completed within 300 days of Notice to Proceed. Liquidated damages shall be deducted from the 5% retainage held by the City.

3. The contractor shall complete any Punch List work within 45 calendar days of the Final Inspection. The contractor will be assessed liquidated damages in the amount of $500.00 per calendar day for not completing any required Punch List work within 45 calendar days.

All repairs shall be completed by the contractor at the contractor’s expense prior to issuance of Final Acceptance.

C. PERMITS AND LICENSES

1. The contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work.

D. BONDING AND INSURANCE REQUIREMENTS

1. No bid may be withdrawn for a period of ninety (90) days after the time has been called on the date of opening.

2. All bids must be accompanied by a Bid Bond of a reputable bonding company authorized to do business in the State of Georgia, in an amount equal to at least five percent (5%) of the total amount of the bid.

3. Upon Notice of Award, the successful contractor shall submit a Performance Bond pursuant to O.C.G.A. § 36- 91-70 payable to the City of Tucker in the amount of 100% of the total contract price. The successful contractor shall also submit a Payment Bond in the amount of 100% pursuant to O.C.G.A. § 36- 91-90.

4. The contractor shall procure and maintain the following insurance policies; all policies shall name the City of Tucker as an additional named insured and shall provide for waiver of subrogation in favor of the City of Tucker:

a. Commercial General Liability coverage at their sole cost and expense with limits of not less than $3,000,000 in combined single limits for bodily injury and/or property damage per occurrence.

b. Statutory Workers Compensation and Employers Liability Insurance with limits of not less than $1,000,000.

c. Commercial automobile liability insurance with limits of not less than $1,000,000 combined single limit for bodily injury and/or property damage per occurrence, and such policies shall name the City of Tucker as an additional named insured.

d. Umbrella liability coverage of not less than $5,000,000 per occurrence and $5,000,000 in the aggregate.

E. PUBLIC NOTIFICATION

1. The contractor shall be responsible for installing park and trail closure signage at each end of the project (assume three points of closure) one week prior to commencement of work. Payment for this will be included in the lump sum bid price. The contractor shall be responsible for installing road closure and construction signage per MUTCD guidelines. Payment for this will be included in the lump sum bid price.

F. EXISTING CONDITIONS / DEVIATION OF QUANTITIES

1. It is the Contractor’s responsibility to inspect the project site to verify existing conditions prior to submitting their bid. This is a blended bid with both unit price items and lump sum bid items. No payment will be made for additional non-unit price work without prior written approval from the City. At no time will Contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City.

2. The City reserves the right to add, modify, or delete scope items. The bid price will be adjusted by written authorized change order(s) as described herein, when determined to be necessary and agreed to by both parties. Items for which the Contractor provides unit prices will be paid based on the actual measured amount of work complete. The Contractor will not be entitled to any adjustment of unit prices because of adjustments made to quantities and/or work locations. For those specific unit price items, Contractor will be paid for actual in-place quantities completed and accepted for pay items listed in the Bid Schedule. All other work required by this ITB, plans, specs, standards, etc. but not specifically listed in the Bid Schedule shall be considered “incidental work” and included in the bid prices for items on the Bid Schedule.

1.03 APPLICABLE REQUIREMENTS:

A. The contractor shall execute the work according to and meet the requirements of the following:

• The Bid /Contract Documents including, but not limited to, the scope of work, plans, and Specifications

• City of Tucker ordinances and regulations

• OSHA standards and guidelines

• MUTCD Guidelines

• Any other applicable codes, laws and regulations including but not limited to Section

45-10-20 through 45-10-28 of the Official Code of Georgia Annotated, Title VI of the Civil Rights Act, Drug-Free Workplace Act, and all applicable requirements of the Americans with Disabilities Act of 1990.

B. Notice and Service Thereof:

1. Any notice to Contractor from the Owner relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted by registered mail, to the said Contractor at his last given address or delivered in person to said Contractor or his authorized representative on the Project Site or delivered via email to the official email address provided by the Contractor.

1.04 SPECIFICATIONS:

A. The Specifications and Drawings accompanying them, and any other Contract

Documents shall be supplementary to each other and any material, workmanship, and/or service which may be in one, but not called for in the others, shall be as binding as if indicated, called for or implied by all.

B. The Contractor will be held responsible for furnishing all labor, equipment, and materials necessary to complete the Work as indicated by the Contract Documents.

C. The Contractor shall see to it that his/her work overlaps the work of all Subcontractors on the project site and agrees to assume all responsibility for liability, workmanship and quality of material concerning any work done by said Subcontractors.

D. Each section or type of work is described separately in the Technical Specifications;

however, should any item of material, equipment, work or combinations of such be required in one section, and not be described in that section and a similar item described in another section, that description shall apply regardless of the section under which it is described.

E. In case of difference between Drawings and Specifications, the Specifications shall govern.

F. Contractor shall submit to Owner samples of all materials to be utilized in the project as indicated. Submission is to ensure compliance to the Contract in regard to texture, color, size, thickness, etc. All materials must meet specifications in regard to standard industry practice, unless so noted otherwise. Materials submitted for approval and their special installation, structural procedures, ANSI, ASTU, Test Lab results, etc., will be part of the submission.

1.05 SPECIFICATIONS AND DRAWINGS TO BE SUPPLEMENTARY:

A. The Contractor shall keep on the Work site, at all times, a copy of the Drawings and

Specifications and shall give the authorized representatives of the Owner access thereto.

B. The Specifications and Drawings accompanying them are intended to describe and provide for a finished piece of Work. They are intended to be complementary, and what is called for by either shall be as binding as if called for by both.

C. The Contractor will understand that the Work herein described shall be complete in every detail, notwithstanding every item necessarily involved is not particularly mentioned and the Contractor shall be held responsible to provide all labor, material, equipment and incidentals necessary for the completion of the indicated Work.

D. The Contractor shall, before the bid of the Contract, report in writing to the Owner any discrepancy that may be discovered in the Bid/Contract Documents. If the Contractor fails to call such discrepancy(s) to the attention of the Owner, the subsequent decision of the Owner as to which is correct shall be binding and final.

E. Should any error or inconsistency appear in the Drawings or the Specifications, the

Contractor, before proceeding with the Work, shall make mention of the same to the Owner and in no case shall he proceed with the Work in uncertainty.

1.06 PRESENT DOCUMENTS GOVERN:

A. The Contractor shall in no case claim a waiver of any Specifications requirements on the basis of previous approval of material or workmanship on other jobs of like nature or on the basis of what might be considered standard for material or workmanship in any particular location. The Contract Documents for this project shall govern all the Work in this Contract.

1.07 DRAWINGS:

A. The Drawings generally show Work fully drawn out on only a portion of the Drawings, the remainder in outline. The drawn out Work Shall be understood as applying to other like or similar places.

B. All necessary dimensions are given on the Drawings and shall in all cases, except where a discrepancy occurs, be followed exactly.

C. The figures and notes on the Drawings, showing the indicated dimensions shall take precedence over scaling.

1.08 CONTRACTOR’S SHOP DRAWINGS:

A. The preparation and submission of shop drawings shall be in accordance with the

Contract Documents, Technical Specifications, Product Data, and Samples based on the Specifications.

1.09 PUBLISHED SPECIFICATIONS:

A. When other published and generally available Specifications are referred to and identified on the drawings and in the Specifications, they shall become a part of the Contract Documents.

1.10 INSTRUCTIONS, CHANGES, ETC.:

A. All changes, alterations or instructions in regard to any feature of the Work that differ from the Contract Documents must be approved in writing in all cases, and no verbal orders will be regarded as a basis for claims for extra compensation.

B. If the Contractor claims that any instruction by drawing or otherwise involves extra cost or an extension of time, he/she shall notify the Owner in writing within ten (10) days after the receipt of such instruction and in any event before proceeding to execute the Work. Thereafter, the procedure shall be the same as that described in Changes in the Work. No such claim shall be valid unless made in accordance with the terms of this section.

C. No claims for extra cost will be considered based on the escalation of material prices throughout the period of the Contract.

D. No extra work is to be performed or any changes made that involve any extra cost until the Owner has authorized the Contractor to proceed, in writing, except in an emergency that endangers life or property. The procedures for additional payment shall be as set forth under Changes in the Work.

1.11 EXAMINATION OF WORK BY CONTRACTOR:

A. It is understood and agreed that the Contractor has by careful examination, satisfied him/herself as to the nature and location of the Work, the conformation of the ground, the character quality and quantity of the facilities needed preliminary to and during the prosecution of the Work, the general local conditions, and all other matters, which can in any way affect the Work or the cost thereof under this Contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained.

1.12 MATERIALS, SERVICES AND FACILITIES:

A. The Contractor shall at all times employ sufficient labor and equipment for prosecuting the Work to full completion in the manner and time specified. Failure of the Contractor to provide adequate labor and equipment may result in the cancellation of the Contract as herein provided. The equipment to be used on the Work by the Contractor shall be sufficient size and quantity to meet the requirements of the Work and shall be such as to produce a satisfactory quality of Work.

B. Materials and equipment shall be so stored and handled as to ensure the preservation of their quality and fitness for the Work. Stored materials and equipment to be incorporated in the Work shall be located so as to facilitate prompt inspection. No product that has in any way become unfit for the intended purpose shall be incorporated into the Work.

C. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, cleaned and conditioned as directed by the manufacturer.

D. Materials, supplies and equipment to be incorporated into the Work shall be new and unused unless otherwise specifically stated in the Contract Documents. The source of supply for all such products shall be submitted to the Owner, together with detailed descriptions thereof in the form of samples, shop drawings, tests or other means necessary to adequately describe the items proposed. If, after trial it is found that sources of supply, even though previously approved by the Owner, have not furnished products meeting the intent of the Contract Documents, the Contractor shall thereafter furnish products from other approved sources, and shall remove completed Work incorporating products which do not meet Contract requirements at no additional cost to the Owner.

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

F. The Contractor shall maintain an office with a telephone and viable email address.

G. In the event of government supplied material, the Contractor shall inspect such material prior to installation. If said material is defective, he/she shall immediately inform the Owner. The installation of government supplied material shall be warranted by the

Contractor. The material itself shall not be so warranted by the Contractor, unless the material fails due to improper installation.

H. Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City.

1.13 OR EQUAL CLAUSE:

A. Whenever a material or article required is specified or indicated on the Drawings by using the name of a proprietary product or of a particular manufacturer or vendor, it is intended to denote the quality standard of the article desired, but does not restrict the Contractor to the specified brand, make or manufacturer so named. Any material or article, which will perform specifically the duties imposed by the general design, may be considered equal and satisfactory providing the material or article so proposed is, in fact, of equal substance and function. Substitution of any item called for in the Drawings or specifications must be specifically approved in writing by the Owner prior to the bid opening. This shall not be construed to include allowing substitutions where certain items, if any, are specified as sole source. The opinion of the Owner Shall be final and no substitute material or article shall be purchased or installed without the Owner’s prior written approval.

1.14 INSPECTION AND TESTING OF MATERIALS:

A. The Contractor shall coordinate with the permitting authority to schedule all inspections required by the authority, including, but not limited to the building inspector and/or fire marshal.

B. Unless otherwise specifically provided for, the Owner will hire a third-party consulting agency to perform inspections and testing of materials and finished articles to be incorporated in the Work. This includes, but is not limited to proof-rolling, compaction testing, concrete testing and any special inspections that may be required by the International Building Code.

C. Within ten (10) days of the Notice to Proceed, the Contractor shall furnish to the Owner a complete list of all required inspections and an anticipated schedule of occurrence.

D. The Contractor shall give the Owner at least two (2) weeks’ notice prior to each inspection to be performed by the third-party agency.

1.15 INSPECTION OF WORK:

A. The Contractor shall, at all times, permit and facilitate inspection of the Work by authorized representatives of the Owner and/or public authorities/utilities having jurisdiction in connection with the Work of this Contract. The Owner shall interpret and enforce the terms of the Contract Documents, inspect the quality of the Work and make payment based on the acceptance or failure of the completed Work. It shall be the responsibility of the Contractor to call for inspections prior to covering any Work. Failure to do so will result in reopening the Work for Owner inspection, if so required by the Owner, at no cost to the Owner, EVEN IF THE WORK IS FOUND TO BE

SATISFACTORY.

B. The presence of the Owner or Owner’s representative at the Site of the Work shall not be construed to, in any manner, relieve the Contractor of his/her responsibility for strict compliance with the provisions of the Contract Documents.

1.16 AUTHORITY OF OWNER:

A. The Contractor shall perform all of the Work herein specified to the satisfaction, approval and acceptance of the Owner. The Owner shall decide all questions relating to the character of the Work performed and as to whether the rate of progress is such that the Work will be completed within the time limit of the Contract. Questions as to the meaning of these Contract Documents and questions relating to design will be referred to the Owner and his/her determinations will be final.

B. The approval by the Owner of any material(s), equipment, Drawings, plants or of any other items proposed by the Contractor shall be construed only to constitute an approval in general design. Such approval shall not relieve the Contractor from the performance of the material or Work in accordance with the Contract Documents, or from any duty, obligations, performance guarantee, or other liability imposed upon him/her by the provisions of the Contract.

C. The responsibility of the Owner during construction shall be to make periodic visits to the

Site to observe the progress and quality of the Work; he/she will not make continuous on-site inspections. The Owner will not be responsible for the Contractor’s failure to perform the Work in accordance with the Contract Documents. Any defects or deficiencies in the Work of the Contract observed during such visits will immediately be brought to the attention of the Contractor. The Owner shall have the authority to stop the Work, if necessary, to assure proper execution, and to disapprove work as not conforming to the design.

1.17 AUTHORITY AND DUTIES OF THE DESIGN PROFESSIONAL:

A. The “Design Professional” includes the project Landscape Architect, Architect and/or

Engineers and will serve as the Owner’s representative(s), and shall be authorized to inspect all Work completed and all materials to be furnished, including; preparation, fabrication and manufacture of the materials. The Design Professional shall have full authority to alter or waive minor requirements of the Contract Documents through a written field order. The Design Professional may reject materials or suspend Work at no cost to the Owner or Design Professional until any question at issue can be referred and decided by the Owner. The responsibility of the Contractor is not lessened by the presence of the Inspector or Design Professional’s representative.

1.18 NO PERSONAL LIABILITY:

A. In carrying out any of the provisions of the Contract or in exercising any power or authority granted to him/her thereby, there shall be no personal liability upon the Owner or upon any officer or employee of the Owner, it being understood that in such matters, they act as the agent and representative of the Owner.

1.19 PROHIBITED INTERESTS:

A. No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material supply contract and any subcontract in connection in the construction of the Project, shall become directly or indirectly interested personally in this Contract or in any part thereof.

No officer, employee, architect, landscape architect, attorney, Owner or Inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the Project, shall become directly or indirectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the Project.

1.20 REJECTION OF WORK AND MATERIALS:

A. All materials and equipment furnished and all Work done that is not in accordance with the Contract Documents or that is defective will be rejected. All rejected materials, equipment or Work shall be removed immediately. If rejected materials, equipment or Work is not removed within forty-eight (48) hours from the date of notification, the Owner shall have the right and authority to stop the Contractor and his/her Work immediately, and/or shall have the right to arrange for the removal of said rejected materials, equipment or Work at the cost and expense of the Contractor. All rejected materials, equipment, or Work shall be replaced with other equipment, materials, or Work that conforms to the Contract Documents, at no additional cost to the Owner.

B. Inspection of the Work shall not relieve the Contractor of any of his/her obligations to fulfill the Contract. Defective Work shall be made good regardless of whether such Work, material or equipment has been previously inspected by the Owner and accepted or paid for by progress payment. The failure of the Owner to condemn improper materials and/or workmanship shall not be considered as a waiver of any defect that may be discovered later, or for Work actually defective. All Work, material and/or equipment shall be guaranteed against defects for a period of one year from Date of Project acceptance as established by the Owner.

1.21 DISAGREEMENTS:

A. Should any disagreement or difference arise as to the estimate, quantities or classifications or as to the meaning of the Drawings or other Contract Documents, or any materials and construction thereof, the decisions of the Owner shall be final and conclusive and binding upon all parties to the Contract.

1.22 WEATHER CONDITIONS:

A. The Contractor shall keep a daily log of weather conditions on the job site for the duration of the project.

B. The Contractor may make a claim for an extension of the contract schedule based on project delays that result from weather conditions that prohibit the Contractor from performing construction activities during accepted working hours. This includes delays that may occur after the weather event, in which the weather event renders the job site unworkable.

C. Any request for an extension of contract time must be submitted in writing by the

Contractor to the Owner and approved by signature of the Owner. Weather delay requests shall be submitted by the Contractor each month with the payment application paperwork.

D. An extension of contract time does not entitle the Contractor to additional monies.

1.23 ROYALTIES AND PATENTS:

A The Contractor shall hold and save the Owner and its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the Contract, including its use by the Owner, unless otherwise specifically stipulated in the Contract Documents.

1.24 CONTRACTOR’S PERSONNEL:

A. An experienced superintendent and necessary assistants competent to supervise the particular types of Work involved shall be assigned to the Project by the Contractor, and shall be onsite at all times when Work is in progress. The name of the superintendent shall be submitted, with qualifications of same, prior to start of the Work and shall be approved by the Owner prior to start of the Work. The superintendent so named by the Contractor shall be employed by the Contractor and shall have served in a supervisory capacity on at least one project of like description and size performed by the Contractor during the previous twelve (12) months. Under no circumstances shall any employee of any Subcontractor serve as project superintendent. The superintendent shall represent the Contractor, and all directions given to the superintendent shall be as binding as if given to the Contractor.

B. Only persons skilled in the type of Work that they are to be performing shall be employed. The Contractor shall, at all times, maintain discipline and good order among his/her employees, and shall not employ on the Work any unfit person or persons or anyone unskilled in the Work assigned him/her. The Contractor shall discharge, at once, from his/her services voluntarily or when required by the Owner, any disorderly, dangerous, insubordinate or incompetent person employed on the Work and shall not again employ said person on the Project.

1.25 LINES, GRADES AND MEASUREMENTS:

A. The Contractor will furnish, unless otherwise provided, all lines, grades and measurement necessary in laying out the Work. The Contractor must exercise proper care and caution to verify the grades and figures given him/her and carefully check all dimensions before proceeding with the Work and shall be responsible for any damage or defective Work caused by his/her failure of such care and caution. He/she shall promptly notify the Owner of any errors or discrepancies that may be discovered in order that the proper corrections may be made.

B. The Contractor shall be responsible for the preservation of all lines, points and elevations that may be furnished and shall bear the expense of resetting same, if destroyed.

1.26 LAWS AND REGULATIONS:

A. The Contractor’s attention is directed to the fact that all applicable Federal, State and

Local laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the Project shall apply to the Contract throughout. They will be deemed to be included in the Contract Documents the same as though herein written out in full. The Contractor shall keep himself/herself fully informed of all laws, ordinances and regulations; Federal, State, and Local, in any manner affecting those engaged or employed in the Work or the materials used in the Work or in any way affecting the conduct of the Work and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in this Contract, or in the Drawings or other Contract Documents herein referred to, in relation to any such law, regulation, ordinance, order of decree, he/she shall herewith report the same, in writing, to the Owner. He/she shall at all times observe and comply with all such laws, ordinances and regulations, and shall protect and indemnify the Owner and its agents against any such law, ordinance, regulation, order, or decree, to the fullest extent permissible by law, whether by the Contractor or by his/her employees.

1.27 CONTRACTOR’S OBLIGATIONS:

A. The Contractor shall, in a good workmanship manner, accomplish and perform all work, and furnish all supplies and materials, machinery, equipment, facilities and means; except as herein otherwise expressly specified; necessary or proper to perform and complete all the Work required by this Contract, within the time herein specified, in accordance with the provisions of this Contract, the Drawings, and other Contract Documents, and in accordance with the Work covered by the Contract and any and all supplemental Drawings of the Work covered by this Contract and in accordance with the directions of the Owner as given from time to time during the progress of the Work. He/she shall furnish, erect, maintain, and remove such construction, plant and temporary works as may be required. He/she alone shall be responsible for the safety, efficiency, and adequacy of his/her appliances and methods, and for any damage that may result from their failure or their improper construction, maintenance, or operation. The Contractor shall observe, comply with, be subject to all terms, conditions, requirements and limitations of the Contract Documents, local ordinances, and State and Federal laws; and shall do, carry on, and complete the entire Work to the satisfaction of the Owner. The Prime Contractor shall perform a minimum of 25% of Work under this Contract.

1.28 SUBCONTRACTING:

A. The Contractor shall not subcontract the complete Work, or any portion thereof, without prior written approval of the Owner. Any Contractor utilizing a subcontractor must submit a proposed list of subcontractors and a Subcontractor Affidavit (form provided).

B. The Contractor shall be fully responsible to the Owner for the acts and omissions of his/her Subcontractors, and of persons or entities either directly or indirectly employed or providing services to him/her, (i.e. suppliers, off site fabricators, etc.)

C. Nothing contained in this Contract shall create any contractual relationship between any

Subcontractor and the Owner.

1.29 ASSIGNMENTS:

A. The Contractor shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the Owner. In the event that the Contractor assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the Contractor shall be subject to prior liens or all persons, firms and corporations for services rendered or materials supplied for the performance of the Work called for in this Contract.

1.30 OTHER CONTRACTS:

A. The Owner may award other contracts for additional Work and the Contractor shall fully cooperate with such other contractors and carefully fit his/her own Work to that provided under other contracts as may be directed by the Owner.