Rainbow Lake RFP_Bid Packet.pdf

TOWN OF EMMITSBURG

FREDERICK COUNTY, MARYLAND

RAINBOW LAKE PARKING LOT

INVITATION FOR BID

PROJECT MANUAL

Issue Date: April 25, 2024

TOWN OF EMMITSBURG

300 A South Seton Ave.

Emmitsburg, MD 21727

FOX Project No.: 23-31966

PREPARED BY:

82 Worman’s Mill Ct Suite G

Frederick, MD 21701 Phone: 301-695-0880

Fax: 301-293-6009

PROFESSIONAL CERTIFICATION

I HEREBY CERTIFY THAT THESE DOCUMENTS WERE

PREPARED OR APPROVED BY ME, AND THAT I AM A DULY

LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF

THE STATE OF MARYLAND.

JOSEPH H. CECI

LICENSE NO.__30709_________ EXPIRATION DATE:_7/23/224_

300A South Seton Ave.

Emmitsburg, MD 21727

INVITATION TO BIDDERS

Sealed bids will be received by the Town of Emmitsburg (Town), Attn: Town Manager, 300A S. Seton Ave., Emmitsburg, MD 21727, for the Rainbow Lake Parking Lot Project. Bids will be accepted by the Town until 2:00 PM on Tuesday, May 21, 2024, at which time they will be opened. Interested bidders are strongly encouraged to attend the pre-bid meeting to be held on Wednesday, May 8, 2024 at 2:30 PM via the Zoom meeting platform. Zoom meeting login instructions are located within the bid packet.

Bidder’s scope of work includes mobilization, maintenance of traffic, construction stakeout, sediment & erosion control, the construction of a 10-space parking lot including a stormwater management bioretention facility, asphalt pavement, site restoration, landscaping, and other related items necessary to complete the project.

Specifications and any documents issued during the bidding phase can be obtained at the Town Office located at 300A South Seton Avenue, Emmitsburg, MD 21727, Monday through Friday between 8:00 a.m. and 5:000 p.m. or downloaded at www.emmitsburgmd.gov.

Please submit four (4) hard copies of your bid. No email submittals will be accepted. Please note on bids, “Rainbow Lake Parking Lot Bid, Do Not Open.”

This project is being funded partially by the Maryland Department of Natural Resources Program Open Space and Local Parks and Playgrounds Infrastructure grants.

The Town of Emmitsburg does not discriminate based on race, color, national origin, sex, sexual orientation, religion, age, and disability in employment or the provision of services

The Town of Emmitsburg reserves the right to accept or reject any and/or all bids and to waive any informalities or irregularities in the bidding.

BY AUTHORITY OF:

The Town of Emmitsburg, Maryland Allen Frank Davis Jr, Mayor

- 3 -

INFORMATION TO BIDDERS

1. Construction Project:

Rainbow Lake Parking Lot Project

2. Owner:

Town of Emmitsburg, Maryland 300 South Seton Ave.

Emmitsburg, MD 21727

(Whenever the word "Owner" is used it shall mean the Town of Emmitsburg, Maryland.)

3. Scope of Work:

The Town of Emmitsburg, Maryland seeks to contract for the services of a general contractor with expertise in all phases of the work associated with the construction, of a 10-space parking lot and associates site work. In accordance with the plans and specification plans titled “Town of Emmitsburg Rainbow Lake Parking Lot” by Fox & Associates, Inc., dated December 2023.

The Town of Emmitsburg will obtain the grading permit from Frederick County. The selected contractor will be responsible for all other permits required.

4. Length of Contract

One Hundred Twenty Days (120) from Notice to Proceed.

5. FUNDING:

This project is being funded partially by the Maryland Department of Natural Resources Program Open Space and Local Parks and Playgrounds Infrastructure grants.

6. Pre-Bid Meeting

There will be a non-mandatory pre-bid meeting to be held on Wednesday May 8, 2024 at 2:30 PM via the Zoom.

Join Zoom Mee ng h ps://us02web.zoom.us/j/88688800222

Mee ng ID: 886 8880 0222

Passcode: 21727

- 4 -

7. BID OPENING

Bids shall be opened on Tuesday, May 21, 2024 at 3:00 PM.

Contact Cathy Willets Cwillets@emmitsburgmd.gov AND Madeline Shaw mshaw@emmitsburgmd.gov for additional information.

8. ESTIMATED START

Notice to Proceed is anticipated to be issued on or about June 6, 2024.

9. Bid Documents:

A. The Town of Emmitsburg (and website, if applicable) is the sole entity authorized to provide this bid package to interested companies or individuals.

Firms who are working from a bid package obtained from any other source may have an incomplete set of documents. The Town assumes no responsibility for any error, omission, or misinterpretation resulting from a Company's use of an incomplete bid package.

Firms who have received the bid package from a source other than the Town of Emmitsburg (and website, if applicable) are advised to contact the office to provide their company name, mailing address, telephone number, fax number, contact name and contact e-mail address. This will ensure that the company receives all bid-related communications and documents, including addenda.

B. Each Bidder is responsible for detailed examination of jobsite, drawings, and specifications and all governing codes and ordinances to ascertain for himself/ herself actual existing conditions, facilities, circumstances, difficulties, restrictions, and requirements, which will affect the work.

Each Bidder shall include all the costs involved with the work in his/her Proposal. (The act of submitting a Proposal shall be taken to mean that the Bidder has familiarized himself/herself with the project and that any inadequate examination of jobsite, Drawings, Specifications, or Codes and Regulations shall not relieve the Bidder from full performance of the work.) No additional allowances will be made because of lack of knowledge of these conditions. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which they make or obtain from their examination of information made available by the Town.

C. It is the intention of the Town of Emmitsburg to bid this project, as one complete project. It is the intent that the Drawings and the Specifications are complete and all inclusive. All work shall be in accordance with the documents listed below.

- 5 -

Special Provisions of the Contract

Contract Technical Specifications

Contract Drawings Frederick County, Maryland Standard Details for Water Mains, Sanitary Sewers and Related Structures are incorporated herein by reference.

Maryland Department of Transportation State Highway Administration, July 2023 Standard Specifications for Construction and Materials, Latest Revision, are incorporated herein by reference.

Maryland Department of Transportation State Highway Administration, Book of Standards - for Highway & Incidental Structures, Latest Revision, are incorporated herein by reference.

2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control, latest revision, are incorporated herein by reference.

Addenda as posted.

D. Request for clarification or interpretation of Bidding Documents shall be submitted in writing to the Town of Emmitsburg by email to Cathy Willets Cwillets@emmitsburgmd.gov AND Madeline Shaw mshaw@emmitsburgmd.gov , no later than 9:00 a.m. Thursday, May 16, 2024. Responses to requests shall be by addenda as revisions to the Bidding Documents and shall be issued in a reasonable time before the established date for receipt of bids. The Owner will not be responsible for any other clarifications or interpretations, which anyone presumes to make. Requests received after Thursday, May 16, 2024 may not be considered.

E. The Owner reserves the right to revise the Bidding Documents or the Bid

Date by issuing Official Addenda to all Bidders during the bidding period.

F. Bidders' Proposal shall be based on Bidding Documents as modified by Official Addenda.

10. Bid Submission:

A. Bids shall be enclosed in one envelope which includes:

Proposal Cover Page Proposal Form Bidder Certification of Work Capacity Affidavit of Qualification to Bid Bidder’s Affidavit

Original documents shall be inserted into a single envelope addressed to Town of Emmitsburg and identified on the outside as “Town of Emmitsburg Rainbow Lake

- 6 -

Parking Lot Project” with the Bidder Name and address on the outside of the envelope.

Bids must be made in accordance with the requirements in the bid documents.

Bidder shall submit his/her bid on the Proposal and Proposal Form provided by the Owner. The Proposal and Proposal Form shall be completely filled in, with all blanks receiving the appropriate information.

B. Erasures or changes in the Proposal and Proposal Form shall be initialed by the Bidder. Unexplained erasures or changes may be cause for bid rejection by Owner. Omissions, deletions, alterations, qualifying conditions, items not requested, extraneous entries, or other irregularities may be cause for bid rejections.

C. No verbal or telephone bid or modification will be considered. Failure to acknowledge receipt of all Addenda may be cause for bid rejection by Owner.

D. The Proposal and Proposal Form shall be signed by authorized principal of firm bidding.

E. In the event of a discrepancy between the unit prices and the extensions (product or quantity and unit price), the unit price will govern. In the case of discrepancy between prices written in words and those written in figures, the written words will govern. In the event that the unit price is not included, the unit price shall be the extended price divided by the quantity.

11. Bid Evaluation, Award, Rejection of Individual Bids, Contract Execution:

A. Section 3.12.050, 5 of the Town Code “There shall be no public opening of bids and no proposal shall be otherwise handled so as to permit disclosure of the identity of any bidder or the contents of any proposal to competing bidders during the evaluation process”.

B. The Owner reserves the right to waive any informality in the bidding, and to accept any bids, or reject any or all bids, or to award the contract to the lowest responsible bidder.

C. It is the intent of the Town to receive and evaluate responsive and responsible bids on the basis of total bid price, with a complete submission of the Proposal and supporting information described herein, or to make an award the Town determines to be in its best interest. It is the intent of the Town to award the Contract to the lowest responsive, responsible bidder based on the total bid price, provided the bid price is reasonable and it is in the interests of the Town to accept it.

D. A bidder may be required to submit evidence that he has appropriate

- 7 -experience, personnel, equipment and financial resources available to undertake and perform the Contract properly and expeditiously, and any other information that may be required to indicate his ability to fulfill the Contract. These requirements may also be applicable to subcontractors proposed to perform work for the Town’s project.

Items requested by the Town may include but are not limited to the following:

1. submission of at least three (3) projects of similar size, scope and complexity completed within the last five (5) years, including the completion date, owner’s name, authorized representative of the owner familiar with the project, address and phone number. If the bidder performed the work for a project as a subcontractor the general contractor’s name, authorized representative of the contractor familiar with the project, address and phone number shall also be provided

2. a list of subcontractors including names, addresses, contact information.

3. Contractor’s most recent annual financial statements, preferably audited, including your latest balance sheet, income statement, cash flows and notes to the financial statements showing the following items:

Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses);

Net Fixed Assets;

Other Assets;

Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes);

Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings).

4. Resumes of principal personnel proposed for the project.

5. A list of equipment proposed for the project.

Failure to submit acceptable information that demonstrates the bidder’s ability to perform the work, within three (3) days after request from the Town may result in a determination that a bidder is not a responsible contractor to perform the work anticipated solely for Town of Emmitsburg Rainbow Lake Parking Lot Project.

Failure to submit additional information requested by the Town in a timely manner may also result in a determination that a bidder is not a responsible contractor.

E. Subsequent to the evaluation of bids a construction contract may be awarded by the Town. The Town reserves the right to reject any or all bids and to waive any informality or deficiency in bids received, whenever such rejection or waiver is of a Bidder who has previously failed to perform properly or to complete, on time, contracts of a similar nature, or the bid of a Bidder, who after investigation, is not, in the view of the

- 8 -

Town, in a position to perform the Contract.

F. The successful Bidder shall be required to execute a Construction Contract with the Owner and provide the Town with a Performance

G. The successful Bidder shall be required to provide to the Town the

Insurance listed in the following Section.

12. Basis of Award: It is the intent of the Town to award the Contract to the lowest responsive, responsible bidder based on the total bid price, provided the bid price is reasonable and it is in the interests of the Town to accept it.

13. Bid Protest: Interested party means an actual or prospective bidder, offeror, or contractor that may be aggrieved by the solicitation or award of a contract and who files the protest. Protestor means any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or the award of a contract and who files the protest. An interested party may protest to the award of a contract for supplies, services, or construction. The protest shall be in writing and addressed to the Purchasing Manager. Protest based upon alleged improprieties in any type of solicitation which are apparent before bid opening or closing date and time for the receipt of initial proposals shall be filed before bid opening or the closing date and time for the receipt of the bid. In all cases bid protests shall be filed not later than seven days after the basis for the protest is known or should have been known, whichever is earlier. The term “filed” means receipt on the Purchasing Department. Any protest filed after the time limit prescribed above shall not be considered.

The written protest shall include as a minimum the following:

The name and address of the protestor

Appropriate identification of the procurement, and, if a contract has been awarded its number, if known

A statement of reasons for the protest

Supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing time in which case the expected availability date shall be indicated.

The Purchasing Manager shall submit a copy of the protest to the Town Attorney upon receipt of protest. Any additional information requested of the protestor by the Purchasing Director shall be submitted within five days after receipt of notification in order to expedite consideration of the protest. Failure to comply with a request for information by the Purchasing Manager may result in a resolution of the protest without consideration of any information which is untimely filed pursuant to such request. Upon written request, the Purchasing Manager, shall make available to any interested party information submitted that bears on the substance of the protest except when information is proprietary or otherwise permitted or required to be withheld by law or regulation. A decision on a protest shall be made by the Purchasing Manager in writing as expeditiously as possible after receiving all relevant information. Before issuance, the decision of the Purchasing Manager shall be reviewed by the Town Attorney.

- 9 -

14. Construction stakeout will be provided by the Contractor. The Town will provide benchmark control points for the Contractor. Contractor shall protect and maintain all control points and guard stakes. If control points or stakes are damaged and if any re-stake is required, the contractor will be required to install them at no additional cost to the Town.

15. Construction Materials Testing and Inspections will be provided by the Contractor. The

Contractor shall be responsible for scheduling all necessary inspections and testing. Inspections and testing shall be required for all activities including but not limited to: grading, placement of fill, compaction, placement of asphalt, grouting of voids, etc.

16. The Contractor shall ascertain the nature and location of the work and the general and local conditions which can affect the work or the cost thereof. Any failure by the Contractor to do so will not relieve him from responsibility for successfully performing the work without additional expenses. The Owner and Engineer assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by the Owner or Engineer are expressly stated in the Contract. The Contractor shall specifically note that the drawings do not show all existing utilities, laterals, surface features or features to be relocated. The Contractor shall be responsible for visiting the site to ascertain the extent of removal/relocation and include this in his Bid. The Town of Emmitsburg is seeking a complete utility construction project.

17. The Contractor shall provide site-specific security as he deems appropriate to protect the materials and work. Where work is conducted within a residential yard area, temporary safety fence must be erected by the Contractor.

18. The contractor shall be responsible to determine his/her own means and methods of construction. The Engineer and/or the Town will not supervise, direct, control, or have authority over the Contractor’s means and methods. The contractor shall perform the work in each phase in the sequence shown on the approved phasing plan.

[END OF SECTION]

- 10

SPECIAL CONDITIONS

A. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT

If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the term of this contract; provided however, that the bidder may offer incentive discounts from this fixed price to the Town at any time during the contractual term.

B. BID CLARIFICATION

Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by e-mail or facsimile to the Town of Emmitsburg fax: (301) 600-6313, Cathy Willets Cwillets@emmitsburgmd.gov AND Madeline Shaw mshaw@emmitsburgmd.gov e-mail being the preferred method. The bid title shall be referenced on all correspondence. All questions must be received no later than 9:00 AM on Thursday, May 16, 2024

All responses to questions will be addressed in the form of an official Addendum and will be posted on the Town of Emmitsburg Web Site. NO QUESTIONS

WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE

C. PROGRESS MEETINGS

The Town will conduct monthly progress meetings on-site at a time suitable to Town, at which time the progress of the work shall be reported upon with reference to previously submitted progress schedules. Responsibility will rest with the Contractor concerning competent representation of Subcontractors. Minutes of these meetings shall be taken by the Contractor and distributed to the Town’s Project Manager, Inspector and Consulting Engineer not more than one (1) week after each meeting.

D. TIE BIDS

Please be advised that in accordance with Maryland COMAR 21.05.02.14 Tie bids are responsive bids from responsive bidders that are identical in price, terms, and conditions and which meet all the requirements and evaluation criteria set forth in the Invitation for Bids. In the event of a tie Bid, the Town will use said COMAR regulation to determine the award of the Contract/Bid.

All bids submitted shall include the completed Bid Form and all required product information and any other items as indicated on the Bid Form. Bids may be considered “Non-Responsive” if the required information is not submitted by the date and time specified.

- 11

E. NO PARTNERSHIP OR JOINT VENTURE

Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the Town of Emmitsburg and Contractor, or to create any other relationship between the parties.

F. LOCATING & PROTECTION OF UNDERGROUND UTILITIES & SITE

INVESTIGATION

It will be the responsibility of the bidder to coordinate the locating of services prior to any excavation work. The Contractor shall contact Miss Utility at 1-800- 257-7777 at least 48 hours prior to commencing work. Existing utilities and sewer facilities are shown on the drawings from available data and may not represent all facilities present or may not represent facilities at their actual location. The contractor is also advised that the drawings may not represent all surface features that may exist in the area of work, such as fences, shrubs, trees, sheds, etc. The contractor shall be responsible for minimizing the disturbed area and for restoring all disturbed or destroyed features.

G. PROJECT SCHEDULE

The purpose of a progress schedule is to ensure adequate planning and execution of the work and to evaluate the progress of the work. The Contractor’s progress schedule, updates, revisions and reports will be an integral part of the Town’s management of the capital program. The Contactor's schedules will be used by the Town to monitor progress, plan the level of effort by its own work forces and consultants, and as a critical decision making tool. Accordingly, the Contractor shall ensure that its progress schedule submissions are both accurate and timely.

Within 10 days after notice to proceed, the Contractor shall furnish the Town a “Progress Schedule” showing the proposed order of work and indicating the time required for the completion of the work. Said progress schedule shall be used to establish major construction operations and to check on the progress of the work.

The Contractor shall submit revised progress schedules as directed by the Town’s representative.

If the Contractor fails to submit the progress schedule within the time prescribed, or the revised schedule within the requested time, the Town of Emmitsburg may withhold approval of progress payment estimates until such time as the Contractor submits the required progress schedules.

All costs to create and update the progress schedule shall be solely the Contractor's obligation and will be at no additional cost to the Town unless specifically provided for in other contract provisions.

- 12

If the work falls behind the progress schedule, the Contractor shall take such actions as necessary to improve its progress. If the Contractor is behind schedule any month, the Contractor shall indicate what measures it will take in the next thirty (30) days to put the work back on schedule so as to meet the contract completion date specified in the contract. In preparing the revised schedule, the Contractor shall consider increasing its work force, construction plant and equipment, the number of work shifts, etc.

H. WORKING HOURS

Unless special permission is given by the Town, all work shall be done between 7:00 A.M. and 3:30 P.M., Monday through Friday.

I. UTILITIES

The existence of utilities other than those shown on the drawings is not known. If during construction operations the Contractor should encounter utilities, he shall immediately notify the Town Engineer and take all the necessary and proper steps to protect the continuance of services of such facilities.

It shall be the Contractor's responsibility to notify the following utilities or agencies for utility locates and approvals to proceed with work, at least five (5) working days prior to proceeding with an excavation or construction:

1. Miss Utility - 1-800-257-7777

2. Potomac Edison – (301) 694-4486

3. Columbia Gas Co. - 1-888-460-4332

4. Verizon Telephone Co. - (410) 393-6369

5. Comcast - (301) 668-3140

6. Town of Emmitsburg Public Works Dept. – (301) 600-6300

J. PERMITS

The Town will provide the Grading Permit and Building Permit for this project.

All other permits shall be obtained by the Contractor in accordance with the General Provisions.

K. TOWN PROJECT MANAGER AUTHORITY:

The Town Project Manager and/or their designee shall give all orders and directions contemplated under this contract and specifications relative to the execution of the work.

The Town Project Manager shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials, which are to be paid for under this contract and shall decide all questions, which may arise in relation to said work and the construction thereof. The Town Project Manager’s estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any questions shall arise between the parties hereto relative to said contract or specifications, the

- 13 determination or decision of the Town Project Manager shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this contract affected in any manner or to any extent by such question.

The Town Project Manager shall decide the meaning and intent of any portion of the specifications and of any plan or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contractor under this contract and other contractors performing work for the Owner shall be adjusted and determined by the Town Project Manager.

L. LEGAL NOTICE AND SERVICE THEREOF:

Any legal notice to any 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 legal notice is posted, by certified or registered mail, to the said contractor at his/her last given address, or delivered in person to said contractor and his/her additional representative on the work.

M. USE OF PREMISES AND REMOVAL OF DEBRIS:

The Contractor expressly undertakes at his/her own expense:

a. To take every precaution against injuries to persons or damage to property.

b. The CONTRACTOR shall confine all materials and their storage and the operations of the CONTRACTOR’s workmen to the limits indicated by laws, ordinances, permits, directions of the ENGINEER, and as shown on the Plans. The CONTRACTOR will not unreasonably encumber the premises with such materials, but shall store them in orderly fashion, such that they will not interfere with the work under this Contract (or other contracts) or with the operation of the OWNER’s facilities.

c. The Town of Emmitsburg will not provide the Contractor with a staging / storage area within the project limits. No materials may be stored within the Right-of-Way.

Storage shall be, so as not to interfere with pedestrian or vehicular traffic, and in accordance with Section 02040 of this document. If the Contractor so desires to obtain private property for use as a staging / storage area the Contractor shall enter into an agreement with the property owner and shall provided the Town with a copy of the written agreement. The agreement shall hold harmless the Town of Emmitsburg for any damage to the property caused by the Contractor or his subcontractors.

d. The Contractor shall be responsible for obtaining all necessary permits, including but not limited to approval of a sediment and erosion control plan for the storage area.

e. The Contractor shall be solely responsible for replacing or repairing damage to existing turf, buildings, structures, sidewalks, roads, parking lot surfaces, and other existing assets to a condition equal to or better than original.

- 14

f. To frequently clean up all refuse, rubbish, scrap materials, and debris caused by his/her operation, that the work site shall be neat and orderly at all times.

g. To remove all surplus materials, false work, temporary structures, including foundations thereof, and debris of every nature resulting from his/her operations, and to put the site in a near, orderly condition before final payment is made by the Town of Emmitsburg.

h. Before final acceptance of the work and as a prerequisite to the release of the final payment the CONTRACTOR shall secure a written release from the authorities having jurisdiction over the lands (including easements) occupied by the CONTRACTOR certifying to the satisfactory restoration of all pavements, other surfaces, and utility structures removed or safeguarded for the work.

N. PUBLIC CONVENIENCE AND SAFETY:

In addition to the requirements of Section 7, GP-7.06, of the MDSHA “Standard Specifications for Construction and Materials”, July 2023, add the following provisions:

A. Dust control by sprinkling water or the use of chemicals shall be performed by the Contractor to the satisfaction of the Town Project Manager.

B. The condition of the work at all times shall be such that sudden storms or prolonged rainfall will not cause damage to property in the vicinity of the work that could in any way be attributed to the performance of the work.

C. If, in the opinion of the Town Project Manager, the public has been unreasonably inconvenienced to a great extent, or that certain conditions provide a threat to public safety, or that work performed by the Contractor has caused damage to property in the area of the work, which has not been remedied quickly and satisfactorily, the Town Project Manager shall have the authority to order all operations to cease until such time as such conditions are remedied to his satisfaction, and any delay caused thereby shall not be considered just cause for any extension of time in the completion of the contract. Upon refusal of the Contractor to promptly comply with corrective measures, the Town Project Manager will immediately proceed with correcting the deficiencies in the same manner as specified in the MDSHA “Standard Specifications for Construction and Materials”, July 2023, Section

GP-5.12.

O. PROTECTION OF WORK AND PROPERTY – EMERGENCY:

The Contractor shall at all times safely guard the Owner’s property from injury or loss in connection with this contract. He/she shall at all times safely guard and protect his/her own work and materials, and that of adjacent property from damage.

- 15

The Contractor shall replace or make good any such damage, loss, or injury unless such be caused directly by error contained in the contract or by the Owner, or his duly authorized representative.

In the event of temporary suspension of work, or during inclement weather, or whenever the Town Project Manager shall direct, the Contractor and his subcontractors will cause to protect carefully his/her and their work and materials against damage or injury from the weather. If, in the opinion of the Town Project Manager, any work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of his/her subcontractors to so protect his/her work, such materials shall be removed and replaced at the expense of the Contractor.

In case of an emergency, which threatens loss or injury of property and/or safety of life, the Contractor will be allowed to act without previous instruction from the Town Project Manager in a diligent manner. He/she shall notify the Town Project Manager immediately thereafter. Any claim or compensation by the Contractor due to such extra work shall be promptly submitted to the Town Project Manager for approval.

Where the Contractor has not taken action, but has notified the Town Project Manager of an emergency threatening injury to persons or damage to the work, or any adjoining property, he/she shall act as instructed or authorized by the Town Project Manager.

The amount of reimbursement claimed by the Contractor on account of an emergency action shall be determined in the manner provided in paragraph 38 of the

GENERAL CONDITIONS.

P. COST OVERRUNS:

The Contractor and the Inspector shall continually monitor unit price items that could result in appreciable overruns. The Contractor shall immediately notify the Town Project Manager as soon as it appears as though an overrun may result. The Contractor will estimate the final extent of the extra costs and the necessary authorizations for same and submit to the Town Project Manager for authorization.

This authorization will require at least seven (7) calendar days to obtain. In the interim, the Town Project Manager shall be the sole judge as to whether or not the plan quantities can be exceeded.

There will be instances where overruns are unavoidable and the work on the project will be jeopardized if construction is stopped until the needed authorization is obtained. The instances are considered to be the exception, not the rule. However, in the event of such occurrences, the Town Project Manager will personally authorize the work verbally and again in writing within forty-eight (48) hours of such verbal approval. All verbal approvals given by the Town Project Manager are to be entered in the appropriate records of the inspector and are to be initialed by the Contractor’s superintendent.

- 16

It shall be the responsibility of the Contractor to acquaint his/her employees, subcontractors, and other representatives with this policy, and any costs incurred by the Contractor on quantity overruns without the prior approval of the Town Project Manager and/or the Mayor and Board of Commissioners of the Town of Emmitsburg shall be at the risk of the Contractor.

Q. EXTRA WORK:

Without invalidating the contract, the Owner may order extra work of the kind bid upon or make changes by altering, adding to or deducting from the work, the contract sum being adjusted accordingly, and consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the Owner or its Town Project Manager, acting officially for the Owner, and the price is stated in the order.

Charges or credits for the work covered by the approved change shall be determined by one or more, or a combination of the following:

A. Unit bid prices previously approved.

B. An agreed lump sum.

C. The actual cost of:

1. Labor, including foreman;

2. Materials entering permanently into the work;

3. The ownership or rental cost of construction plant and equipment during the time of use on the extra work;

4. Power and consumable supplies for the operation of power equipment;

5. Insurance;

6. Social security and old age unemployment contributions

To the cost under (b) and (c) above, there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15%) of the estimated cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit, and any other general expenses. When work is performed under the terms of (c) above, the Contractor shall furnish satisfactory bills, payrolls, and vouchers covering all items of cost and, when requested by the Owner, give the Owner access to accounts relating thereto.

R. SUSPENSION OF WORK DUE TO LITIGATION:

Should the Owner be prevented or enjoined from proceeding with work or from authorizing its prosecution, by reason of any litigation, the Contractor shall not be

- 17 entitled to make or assert claim for damage due to the delay. Time for completion of the work will be extended to such reasonable time as determined by the Owner in writing.

S. CORRECTION OF WORK:

All work and materials (whether incorporated in the work or not), all processes of manufacture, and all methods of construction shall be subject to the inspection of the Town Project Manager, who shall be the final judge of the quality of the work, materials, processes of manufacture, and methods of construction for the purposes for which they are used.

Any defective work, whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause found to exist shall be removed and replaced by work and materials which shall conform to the specifications or shall be remedied otherwise in an acceptable manner authorized by the Town Project Manager.

Upon failure on the part of the Contractor to comply promptly with any order of the Town Project Manager, made under the provisions of these General Provisions, the Town Project Manager shall have the authority to cause defective work to be remedied or removed and replaced, unauthorized work to be removed, and to deduct the cost from any monies due or to become due the Contractor under this contract.

T. PAYMENT TO THE CONTRACTOR:

The Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the proceeding calendar month under the contract. To insure proper performance of the contract, the Owner shall retain five percent (5%) of the amount of east estimate until final completion and acceptance of all work covered by the contract, unless otherwise stated.

In preparing estimates, the materials delivered on the site and preparatory work done may be taken into consideration in accordance with the MDSHA Terms and “Standard Specifications for Construction and Materials”, July 2023 section TC-7.02.

All material and work covered by partial payments made shall hereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for (A) the care and protection of materials,

(B) repair to previously approved and paid for work that has been subsequently damaged, or restoration of any, (C) as a waiver of the right of the Owner to require fulfillment of all the terms of the contract.

The Contractor agrees that he/she will indemnify and save the Owner harmless from all claims growing out of the lawful demands of: subcontractors, laborers, workmen,

- 18 mechanics, material, men, furnishers of machinery (and equipment, power tools, and all supplies), including commissary, incurred in the performance of this contract.

The Contractor shall, at the Owner’s request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If the Contractor fails to do so, then the Owner may, after having given written notice to the said Contractor, pay unpaid bills, of which the Owner has written notice, by withholding from the Contractor’s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged.

Payment to the Contractor shall then be resumed, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his/her Surety.

In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner, shall be considered as a payment made under the contract by the Owner to the Contractor, and the Owner shall not be liable to the Contractor for any such payment made in good faith.

U. ACCEPTANCE OF FINAL PAYMENT AS RELEASE:

The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability from the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work. No final or partial payment shall operate to release the Contractor or his/her Sureties from any obligation under this contract or the Performance and Payment Bond.

V. GENERAL GUARANTY:

Neither the final payment, nor any provision on 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 express warranties or responsibilities for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of work unless a shorter period is specified. The Owner will give notice of observed defects within 30 days of the one-year anniversary of final acceptance.

W. RIGHT OF THE OWNER TO TERMINATE CONTRACT:

In the event that any of the provisions of this contract are violated by the Contractor, or by any of his/her subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the contract. Such notices shall contain the reason(s) for such intention to terminate the contract, and unless within ten (10) days after the serving of such notice upon the Contractor, such violations or

- 19 delay shall cease and satisfactory arrangements or correction be made, the contract shall, upon the expiration of said ten (10) days cease and terminate.

In the event of any such termination, the Owner shall immediately serve notice thereof upon the Surety and Contractor, and the Surety shall have the right to take over and perform the contract; provided, however, that the Surety does not commence performance thereof within ten (10) days from the date of the mailing of such Surety of Notice of Termination, the Owner may take over the work and prosecute the same to completion by contract or by force account at the expense of the Contractor. The Contractor and his/her Surety shall be liable to the Owner for any excess cost occasioned by the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work, such materials, appliances, equipment, and plans as may be on the site of the work and necessary therefore.

X. DRAWINGS AND SPECIFICATIONS FURNISHED TO CONTRACTOR:

The Town will furnish free of charge to the successful Contractor four (4) hard copies of the contract documents and one (1) digital copy of the construction plans for the project. Any additional copies requested shall be at the expense of the Contractor.

Y. RELEASE OF LIENS:

The Contractor shall submit to the Town a complete “Release of Liens” from all subcontractors and the general Contractor prior to the issuance of final payment by the Town.

Z. OPERATIONS AND MAINTENANCE MANUAL:

The general Contractor shall submit to the Town two complete sets of any “Operations and Maintenance” manuals for all equipment provided in the project by the Contractor.

AA. FINAL WALK THRU AND INSPECTION:

The final walk thru inspection shall be performed by all parties involved at the project completion. The Contractor shall inform the Town Project Manager, in writing, the substantial completion date of the project. The Contractor will be notified by the Town Project Manager within ten (10) working days of any incomplete and/or defective work. The Contractor shall immediately take such measures as necessary to remedy such deficiencies and shall notify the Town Project Manager at completion. A second inspection shall be performed as required.

BB. SOLID WASTE DISPOSAL

1. Any solid waste including construction, demolition and land clearing debris, generated from the subject project, must be properly disposed of at a permitted solid waste acceptance facility, or recycled if possible. Contact the Solid Waste Program at (410)

- 20

537-3315 for additional information regarding solid waste activities and contact the Resource Management Program at (410) 537-3314 for additional information regarding recycling activities.

2. The Resource Management Program should be contacted directly at (410) 537-3314 by those facilities which generate or propose to generate or handle hazardous wastes to ensure these activities are being conducted in compliance with applicable State and federal laws and regulations. The Program should also be contacted prior to construction activities to ensure that the treatment, storage or disposal of hazardous wastes and low-level radioactive wastes at the facility will be conducted in compliance with applicable State and federal laws and regulations

[END OF SECTION]

PROPOSAL FORM

Town of Emmitsburg

Date:

NAME OF FIRM:

ADDRESS:

PHONE: FAX:

CONTACT NAME: EMAIL:

BASIS OF BID

Bidder will perform the Work in accordance with the Contract Documents for the price shown in the Bids that follows.

Bidder acknowledges that Bidder’s price(s) constitute Bidder’s sole compensation for performing all Work required by the Contract Documents, and if a particular part of the Work is not listed specifically in the Bid Item Descriptions, Bidder has included that part of the Work in the Bid Item Description which it most logically belongs.

A. Base Bid Rainbow Lake Parking Lot Project

ITEM

NO.

DESCRIPTION QTY UNIT INSTALLED

UNIT

PRICE

TOTAL

1000 MOBILIZATION / DEMOBILIZATION 1 LS

1001 PROVIDE, INSTALL AND MAINTAIN

STABILIZED CONSTRUCTION

ENTRANCE

1 EA

1002 PROVIDE, INSTALL AND MAINTAIN

SUPER SILT FENCE

240 LF

1003 PROVIDE, INSTALL AND MAINTAIN

SILT FENCE

65 LF

1004 PROVIDE, INSTALL AND MAINTAIN

INLET PROTECTION

1 EA

1005 TREE AND STUMP REMOVAL 1 EA

1006 EROSION CONTROL MATTING-

CURLEX OR EQUAL

525 SY

1007 EROSION CONTROL MATTING-

LANDLOK TRM-450 MATTING

255 SY

1008 UNCLASSFIED EXCAVATION -

INCLUDING TOPSOIL STRIP, ON-SITE

CUT/FILL, OFF-SITE BORROW, SOIL

DRYING AS NECESSARY, TOPSOIL RE-

SPREAD OF 4" TOP SOIL

1 LS

1009 60" CHAIN LINK FENCE 100 LF

1010 CHAIN LINK GATE 1 EA

1011 CURB & GUTTER 115 LF

1012 CONCRETE DUMPSTER PAD –

COMPLETE IN-PLACE

136 SF

1013 SINGLE WR INLET 1 EA

1014 STABILIZATION FABRIC MIRAFI 600X 720 SY

1015 CLASS I RIP RAP 2 CY

1016 15" HDPE PIPE - COMPLETE, IN-PLACE

INCLUDING, EXCAVATION AND

BACKFILL

22 LF

1017 15" METAL END SECTION 1 EA

1018 8" COMPACTED GRADED AGGREGATE

BASE

720 SY

1019 4" HMA BASE 19.0MM SUPERPAVE

PG64-22

720 SY

1020 1.5" HMA SURFACE COURSE 12.5MM

SUPERPAVE PG64-22

720 SY

1021 FINE GRADING 720 SY

1022 BIORETENTION SOIL 38 CY

1023 NO. 8 STONE 7 CY

1024 6" PVC UNDERDRAIN 50 LF

1025 PVC CLEANOUTS 6 EA

DESCRIPTION QTY UNIT INSTALLED

UNIT

PRICE

TOTAL

1026 PVC OBSERVATION WELL 1 EA

1027 NO. 57 STONE 19 CY

1028 SOD TURFGRASS FOR EMBANKMENT 50 SY

1029 HARDWOOD MULCH 5 CY

1030 RELOCATE/RESET SITE SIGN.

PROVIDE NEW SUPPORTS AS

REQUIRED

3 EA

1031 STOP SIGN R1-1 30”X30” 2 EA

1032 DO NOT ENTER R5-1 30”X30” 1 EA

1033 NO PARKING SIGN 12”X18” 2 EA

1034 ONE WAY SIGN R6-1R 12”X36” 1 EA

1035 STEEL U-CHANNEL SIGN POST 7 EA

1036 RESERVED PARKING SIGN R7-8, WITH

R7-8A R7-8(2)

1 EA

1037 ACCESS AISLE SIGN R8-1(2) 1 EA

1038 RIGHT TURN ONLY SIGN 12”X18” 1 EA

1039 PRECAST CONCRETE WHEEL STOPS 10 EA

1040 WATERBORNE PAVEMENT MARKING

PAINT 24" WHITE STOP BAR

33 LF

1041 WATERBORNE PAVEMENT MARKING

PAINT 4" WHITE LINE STRIPE

126 LF

1042 WATERBORNE PAVEMENT MARKING

PAINT HC ACCESS AISLE WHITE PVMT

MARKINGS (COMPLETE)

1 EA

1043 WATERBORNE PAVEMENT MARKING

PAINT SYMBOL – WHITE HC SYMBOL

1 EA

1044 REMOVE AND DISPOSE OF EXISTING

CHAIN LINK FENCE AND WIRE FENCE

1 LS

1045 TULIP POPLAR (LIRIODENDRON

TULIPIFERA)

2 EA

1046 SUN VALLEY RED MAPLE

(ACER RUBRUM 'SUN VALLEY')

1 EA

1047 WINTERBERRY (ILEX VERTICILLATA) 3 EA

1048 SUMMERSWEET (CLETHRA

ALNIFOLIA)

3 EA

1049 RED TWIG DOGWOOD (CORNUS

SERICEA)

5 EA

1050 INKBERRY (ILEX GLABRA

'COMPACTA')

6 EA

1051 SEA GREEN JUNIPER

(JUNIPERUS X PFITZERIANA 'SEA

GREEN')

6 EA

1052 BROAD-LEAF MEADOSWEET

(SPIRAEA ALBA)

3 EA

DESCRIPTION QTY UNIT INSTALLED

UNIT

PRICE

TOTAL

1053 PERMANENT STABILIZATION 3,000 SY

TOTAL BID FOR PART A

B. Unit Price Contingent Items:

The Unit Price Contingent Items identified in this Proposal Form are provided in the Contract for use when and as directed by the Project Manager for the incorporation of additional Work not specified in the Contract Documents. All items of Work may not necessarily occur on the Contract Documents, however, during the course of the Work, the Project Manager may direct the incorporation of any or all of the items. The quantities for the Unit Price Contingent Items shown in this Proposal Form are established for the purpose of obtaining a bid price. The quantities for these Unit Price Contingent Items may be increased or decreased without any adjustment to the unit price bid or may be eliminated entirely from the Contract by the Project Manager without negotiation. No claim for additional costs will be considered should any of the Unit Price Contingent Items be increased, decreased, or eliminated.

Payment for Unit Price Contingent Items will be made on the basis of the quantities as actually measured. Each unit price shall include all labor, materials, and incidental costs necessary to complete the Work required by the item. The unit prices bid shall include all direct and indirect costs, overhead and profit, taxes, and insurance.

These Unit Price Contingent Items do not form a portion of the Contractor's Base Bid but will be added to the Base Bid to determine the total Contract Sum.

Part B: Contingent Unit Price Items

Item No. Quantity Description Unit Unit Cost Extension

3001 50 Excavation Below Subgrade for Unsuitable Soil

CY

3002 50 Backfill with select material CY

3003 100 Temporary Seeding SY

3004 50 Furnishing and Placing Crusher Run

(CR-6)

TON

3005 100 Furnish, Install and Maintain Super Silt Fence

LF

TOTAL FOR CONTINGENT ITEMS

TOTAL PRICE TOTAL PRICE WRITTEN IN WORDS

Bid Item A Base Bid $

Bid Item B Contingency Items $

Total Bid $

Any mathematical errors will be corrected. In the case of a discrepancy between unit prices bid and extended totals, unit prices will govern.