RFP 25_04 Pickleball Courts.pdf

City of Adairsville – RFP 25-04

City of Adairsville

RFP 25-04

Pickleball Court Construction

Project Location:

Veterans Memorial Park

17 Legacy Way

Adairsville, GA 30103

INVITATION TO BID

City of Adairsville (Owner) will receive sealed bids for all materials, labor, tools, equipment, and incidentals necessary for the construction of 6 pickleball courts at Veterans Memorial Park. All bids must be submitted in a sealed manila envelope with the name of the person submitting the bid.

Bids will be opened to the public at 10:00 A.M. on May 8, 2025, in the Council Chambers at 116 Public Square Adairsville, GA 30103. Bid Proposals can be delivered to 116 Public Square Adairsville, GA 30103 until 10:00 A.M. local time, May 8, 2025, and then at said place publicly opened and read aloud. Proposals received after the designated time will not be considered.

The Scope of Work Includes:

Construction of new pickleball courts at Veterans Memorial Park. The project is 6 new pickleball courts. The pickleball courts will include all work, labor, materials, court apparatus and the fence with gates, in addition to walkway paths and drainage inside the fence. The project will include the option to bid on lighting.

A Performance Bond in the amount of one hundred percent (100%) of the Bid Price and a Payment Bond in the amount of one hundred twenty percent (120%) of the Bid Price and a Certificate of Insurance must be furnished by the successful bidder prior to commencing work.

Bidders shall inform themselves of and comply with all conditions and specifications contained in the bid package, contract, related documents and State and Federal Laws, and moreover in specific to the Contract Conditions.

Payment for the work will be made on a monthly basis and within 30 days of the date in which billing is received. Applications for payment should be submitted on or before the first of each month and will be approved for payment by the OWNER on the basis of work in place.

Questions regarding this RFP, please contact Caleb Martin, 678-767-3469 or cmartin@adairsvillega.net. Question deadline is 9 am on April 24, 2025.

One contract shall be awarded covering all work and the maximum time for completion shall not exceed 120 consecutive calendar days from the start date specified in the Notice to Proceed.

Bidders must also comply with the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1) and the Federal Work Authorization Program (O.C.G.A. §13-10-

91). Contractor and Sub-Contractor Compliance Affidavits must be completed and submitted as a part of the bid documents in order to be considered for this project.

The right is reserved by the Owner to delay the award of the Contract for a period not to exceed one hundred twenty (120) days from the date of opening of the bids. The right is also reserved to reject or accept any and all bids in whole or in part and to waive any and all technicalities of informalities.

INFORMATION FOR BIDDERS

RECEIPT AND OPENING OF BIDS

City of Adairsville (hereinafter called the Owner), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner at 10:00 AM on May 8, 2025 in the Council Chambers at 116 Public Square Adairsville, GA 30103 and then at said office publicly opened and read aloud. The envelope containing the bids must be sealed and designated as the bid for the construction of the project entitled:

RFP: Pickleball Court Construction

The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities to reject any and all bids.

Any bid may be withdrawn prior to the above scheduled time for opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered.

BID DOCUMENTS

A. The Bid Documents include the Invitation to Bid, Information for Bidders, Contractor’s Bid (including all documentation accompanying the Bid and any post-Bid documentation required by the Owner prior to the Notice of Award), Bonds, all Special Conditions, General Conditions, Supplementary Conditions, Specifications, Drawings, and addenda, together with written amendments, change orders, field orders and the Owner’s written interpretations and clarifications issued in accordance with the General Conditions on or after the date of the Contract Agreement.

B. The Bid Documents shall define and describe the complete work to which they relate. It is the Contractors responsibility to request clarification to any uncertainties.

DEFINITIONS

Where the following words, or the pronouns used instead, occur herein, they shall have the following meanings:

1. “Owner” shall mean the City of Adairsville, Georgia party of the first part to the “Contract Agreement” or its authorized representative.

2. “Department” - Where Department is used in this Project Manual, Plans, Details or in Specifications. “Department” Shall mean Owner.

3. “Contractor” shall mean the party of the second part to the Contract Agreement or the authorized and legal representative of such party.

4. “Work” and “Project” shall mean the entire completed construction required to be furnished under the Contract Documents.

5. “Contract Time” shall mean 120 consecutive calendar days as provided in the Contract Agreement for completion of the Project, to be computed from the date of the Notice to Proceed.

6. “Products” shall mean materials or equipment permanently incorporated into the Project.

7. “Provide” shall mean to furnish and install.

8. “Balanced Bid” shall mean a Bid in which each of the unit prices and total amount bid for each of the listed items reasonably reflects the value of that item with regard to the entire job considering the prevailing cost of labor, material and equipment in the relevant market. A Bid is unbalanced when, in the opinion of the Owner, any unit prices or total amounts bid on any of the listed items do not reasonably reflect such values.

9. “Substantial completion of the work”, solely for the purposed of Official Code of Georgia Annotated (O.C.G.A.) §13-10-80(b)(2)(c), shall be defined as occurring on the date of the written notification from the Engineer that the Project is ready for final inspection, as specified in Section 00800, Article 30, paragraph (g).

10. “Satisfactorily completed”, solely for the purposes of O.C.G.A §13-10-20(b), shall mean the completion of all work, certifications and affidavits as specified in Section 0800, Article 30, paragraph (g).

PREPARATION OF BID

Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be filled in, in ink or typewritten, in numerals for total unit cost, numerals only for unit prices, and numerals and words for total cost. In case of discrepancies, words will take precedence over numerals and unit prices will take precedence over totals.

Each bid must be submitted in a sealed manila envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. Any bid which is not properly prepared and accompanied by required certifications may be rejected by the Owner.

The Bidder shall provide on the outside of the sealed envelope the following information;

otherwise, the Bid will not be opened and will be returned to the Bidder:

1. Bidder’s Name and address

2. RFP: Pickleball Court Construction

Any and all Bids not meeting the aforementioned criteria for Bid submittal may be declared non-responsive, and subsequently returned to the Bidder.

The Contractor, in signing a Bid on the whole or any portion of the Project, shall conform to the following requirements:

1. Bids which are not signed by individuals making them shall have attached thereto a power of attorney evidencing authority to sign the Bid in the name of the person for whom it is signed.

2. Bids which are signed for a partnership shall be signed by all of the partners or by an attorney-in-fact. If a Bid is signed by an attorney-in-fact, there should be attached to the Bid a power of attorney executed by the partners evidencing authority to sign the Bid.

3. Bids which are signed for a corporation shall have the correct corporate name thereof and the signature of the president or other authorized officer of the corporation manually written below the corporate name following the wording “By ”.

4. The Bidder shall complete, execute and submit the following documents, which are attached to these Bid Documents:

a) Bid Proposal

b) Evidence of Bondability

c) Non-Collusion Affidavit

d) Georgia Security and Immigration Compliance Act Affidavit

e) City of Adairsville Vendor Application

METHOD OF BIDDING

The unit or lump sum price for each of the several items in the Bid of each Bidder shall include its pro rata share of overhead and profit so that the sum of the products, obtained by multiplying the quantity shown for each item by the unit price, represents the total Bid.

Any Bid not conforming to this requirement may be rejected. Additionally, Unbalanced Bids will be subject to rejection. Conditional Bids will not be accepted. The special attention of all Bidders is called to this provision, for should conditions make it necessary to revise the quantities, no limit will be fixed for such increased or decreased quantities nor extra compensation allowed.

SUB CONTRACTS

If required by the Owner, the apparent Successful Bidder, and any other Bidder so requested, will within 7 days after the day of the Bid opening submit to the Owner a list of all Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the Work as to which such identification is so required. Subcontractors must provide insurance equal to that of the bidding contractor. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, other person or organization, may, before giving the Notice of Award, request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent Successful Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Any Subcontractor, other person or organization so listed and to whom the Owner does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner.

CONDITIONS OF THE PROJECT

Each Bidder must be informed fully of the conditions relating to the construction of the Project and the employment of labor thereon. Failure to do so will not relieve a successful Bidder of the obligation to furnish all material and labor necessary to carry out the provisions of the Contract. Insofar as possible, the Contractor, in carrying out the work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor.

The Bidder is advised to examine the location of the Project and to be informed fully as to its conditions; the conformation of the ground; the character, quality and quantity of the products needed preliminary to and during the prosecution of the work; the general and local conditions and all other matters which can in any way affect the work to be done under the Contract. Failure to examine the site will not relieve the successful Bidder of an obligation to furnish all products and labor necessary to carry out the provisions of the Contract.

The Bidder shall notify the Owner of the date and time Bidder proposes to examine the location of the Project. The Bidder shall confine examination to the specific areas designated for the proposed construction, including easements and public rights-of-ways.

If, due to some unforeseen reason, the Owner’s proceedings for obtaining the proposed construction site (including easements), have not been completed, the Bidder may enter the site only with the express consent of the property owner. The Bidder is solely responsible for any damages caused by examination of the site.

OBLIGATION OF BIDDER

By submission of a Bid, each Bidder warrants that Bidder has inspected the site and has read and is thoroughly familiar with the Contract Documents (including all addenda). The failure or omission of any Bidder to examine any form, instrument or document shall in no way relieve any Bidder from any obligation in respect to the Bid.

METHOD OF AWARD

The RFP will be awarded to the responsive, responsible Bidder submitting the lowest Bid complying with the conditions of the Bid Documents.

The Bidder to whom the award is made will be notified. The Owner reserves the right to reject any and all Bids and to waive any minor irregularities in Bids received whenever such rejection or waiver is in the Owner’s interest.

A responsive Bidder shall be one who submits a Bid in the proper form without qualification or intent other than as called for in the Bid Documents, and who binds himself or herself on behalf of the Bid to the Owner with the proper Bid Bond completed and attached, and who properly completes all forms required to be completed and submitted at the time of the Bidding. The Bidder shall furnish all data required by these Contract Documents. Failure to do so may result in the Bid being declared non-responsive.

Acceptance of the Bidder’s documentation and substantiation or Bid Award by the Owner does not relieve the Bidder of liability for non-performance as covered in the Bid

Documents, nor will the Bidder be exempted from any other legal recourse the Owner may elect to pursue.

TIME OF COMPLETION

The time allowed for completion for all work to be done under this contract shall begin after notification of the Engineer to proceed with the work. Such notification will be issued upon completion of the contract agreements, and in accordance with an approved construction schedule, arranged to be within the contract time for completion. All work on the project must be completed within 120 consecutive calendar days of date of Notice to Proceed.

LAWS AND REGULATIONS

The Bidders' attention is directed to the fact that all applicable federal and state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

CLAIMS

The Owner reserves the right to refuse to issue any voucher and to direct that no payment shall be made to the contractor in the case they have reason to believe that said contractor has neglected or failed to pay any subcontractor, material dealer, worker or employee for work performed on or about the project including work as set forth in these specifications, until the Owner is satisfied that such subcontractors, material dealers, worker, or employees have been fully paid. However, this provision shall not obligate the Owner to intervene in any claim.

BID PROPOSAL

General Specifications:

1. Contractor to verify size and location of utilities.

2. All items and equipment are associated with the installation, materials and workmanship.

3. Contractor shall provide testing of soils and placement of soils, and material for compaction.

4. Contractor to note standards in Section 01011 of this document.

5. Contractor shall clean site after completion.

ITEM

NUMBER

DESCRIPTION QUANTITY UNIT COST TOTAL

COST

PICKLEBALL COURT ITEMS (complete install for the 6 courts)

1 FINE GRADING – GROUND PREPARATION –

PICKLEBALL AREAS + 10’ OUTSIDE PERIMETER OF

FENCE

2 PICKLEBALL COURT SECTION 4” GAB, 2 TYPE(F)

ASPHALT, LIQUID ACRYLIC SURFACE SYSTEM (6

COATS) – WITH EDGE TREATMENT

3 18’ (H) FENCE AND GATES 1

4 3.5’ SEPARATOR FENCE 1

5 COMPLETE NET AND FOUNDATION SYSTEMS WITH

CENTER ANCHOR

6 COURT STRIPING (1 COAT PRIMER – 2 COATS

TEXTURED WHITE PAINT)

7 WINDSCREENS 1

TOTAL

LIGHTING

1 LIGHTING FOR PICKLEBALL COURTS 1

TOTAL

NON-COLLUSION AFFIDAVIT

The following affidavit is to accompany the bid:

STATE OF _________________

COUNTY OF _______________

Owner, Partner or Officer of Firm Company Name, Address, City and State being of lawful age, being first duly sworn, on oath says that he/she is the agent authorized by the bidder to submit the attached bid. Affiant further states as bidder, that they have not been a party to any collusion among bidders in restraint of competition by agreement to bid at a fixed price or to refrain from the City of Adairsville or any of their employees as to quantity, quality or price in the prospective contract; and that discussions have not taken place between bidders and any office of the City of Adairsville or any of their employees concerning exchange of money or other things of value for special consideration in submitting a sealed bid for:

Firm Name

Signature

Title

Subscribed and sworn to before me this ______ day of _______________, 20____.

Notary Public

GEORGIA SECURITY AND IMMIGRATION

COMPLIANCE ACT AFFIDAVIT

Name of Contracting Entity: ______________________________________________ Contract No. and Name: _______________________________________________ Contract Date: _______________________________________________

By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Adairsville has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E- Verify,* in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.

The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91(b).

The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Adairsville at the time the subcontractor(s) is retained to perform such service.

EEV / E-Verify User Identification Number Date of Authorization BY: Authorized Officer or Agent Date (Name of Person or Entity) Title of Authorized Officer or Agent Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF

______________________, 20__

________________________________________ [NOTARY SEAL]

Notary Public

My Commission Expires: ___________________

* or any subsequent replacement operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-60

GENERAL CONDITIONS

GENERAL: The provisions of these General Conditions are intended, but are not limited to, providing general conditions of agreement and provisions toward the awarding of the Contract, the obligations of the successful Bidder and requirements for execution and administration of the Contract. IN ANY EVENT, PROVISIONS IN THIS SECTION ARE

SUBJECT TO AND GOVERNED BY PROVISIONS IN THE SUPPLEMENTARY

CONDITIONS, AS APPLICABLE.

Article 1 – Notice of Award of Contract

After receipt of Bids, the Owner shall notify the successful Bidder of the award of the Contract as stipulated in the Supplementary Conditions.

Article 2 – Execution of Contract Documents

Within 14 days of notification of Award of Contract, the Owner will furnish the Contractor with conformed copies of Bid Documents for execution by the Contractor and the surety.

Within 14 days after receipt, the Contractor shall return all the Documents properly executed by the Contractor and the surety.

Within 30 days after receipt of the conformed Documents executed by the Contractor, the Owner will complete the execution of the Documents. Distribution of the completed Documents will be made upon execution by the Owner.

Should either party require an extension of any of the time limits stated above, this shall be done only by written mutual agreement between both parties.

Article 3 – Contract Security

The Contractor shall furnish separate Performance and Payment Bonds each in a sum equal to the amount of the Contract Price, the Performance Bond conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents, and the Payment Bond conditioned upon the prompt payment by the Contractor to all persons supplying labor and products in the prosecution of the Work provided by the Contractor Documents. Such Bonds shall be executed by the Contractor and a corporate bonding company licensed to transact such business in the State where the Project is located and named on the current list of “Surety Companies Acceptable on Federal Bonds” as published in the Treasury Department Circular Number 570. The expense of these Bonds shall be borne by the Contractor. If at any time a surety on any such Bond is declared bankrupt or loses its right to do business in the State where the Project is located or is removed from the list of Surety Companies Accepted on Federal Bonds, the Contractor shall, within 10 days after notice from the Owner to do so, substitute an acceptable Bond (or Bonds) in such form and sum and signed by such other surety as may be satisfactory to the Owner. The premium on such Bond (or Bonds) shall be paid by the Contractor. No further progress payments shall be deemed due, nor shall be made, until the new surety furnished an acceptable Bond to the Owner.

The person executing the Bond on behalf of the surety shall file with the Bond a general power of attorney, unlimited as to amount and type of Bond covered by such power of attorney and certified to by an official of said surety.

Article 4 – Insurance

The Contractor shall not commence any work under this Contract until all insurance, as stipulated in the Supplementary Conditions, has been obtained and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence any work on subcontractor’s contract until all similar insurance required of the subcontractor has been so obtained and approved by the Contractor.

Article 5 – Indemnification

The Contractor shall indemnify and hold harmless the Owner, the Engineer and their agents and employees from and against all claims, damages, losses and expenses including claims consultants’ and attorneys’ fees arising out of or resulting from the performance of the Work, provided that any such claims, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in party by negligence, willful act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

In any and all claims against the Owner or the Engineer, or any of their agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of may be liable, the indemnification obligation shall benefits payable by or for the Contractor or any subcontractor under worker’s compensation acts, disability benefit acts or other employee benefits acts.

This indemnification and hold harmless obligation shall extend to cover any and all claims not covered by the Owner’s Protective Liability Insurance, the requirements of which are specified in Article 4 of the Supplementary Conditions.

Article 6 – Notice to Proceed

The Notice to Proceed will be issued, following the pre-construction conference, within 14 days of the execution of the Contract Agreement by the Owner. The time may be extended by mutual agreement between the Owner and the Contractor. If the Notice to

Proceed has not been issued within the 14 day period or within the period mutually agreed upon, the Contractor may terminate the Contract Agreement without further liability on the part of either party.

Article 7 – Termination of Work for Default

(a) The Work may be terminated if:

1. The Contractor is adjudged bankrupt or insolvent.

2. The Contractor makes a general assignment for the benefit of creditors.

3. A trustee or receiver is appointed for the Contractor or for any of Contractor’s property.

4. The Contractor files a petition to take advantage of any debtor’s act, or to reorganize under the bankruptcy or applicable laws.

5. The Contractor repeatedly fails to supply sufficient skilled workmen, materials or equipment.

6. The Contractor fails to make satisfactory progress toward timely completion of the Work.

7. The Contractor repeatedly fails to make prompt payments to subcontractors or material suppliers for labor, materials or equipment.

8. The Contractor disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the Work.

9. The Contractor fails to comply with directives of the Engineer.

10. The Contractor otherwise violates any provision of the Contract Documents.

(b) The Owner may, without prejudice to any other right or remedy and after giving the Contractor and surety a minimum of 10 days from delivery of a written notice, terminate the services of the Contractor and take possession of the Project and of all products thereon owned by the Contractor, and finish the Work by whatever method the Owner may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor and/or surety shall pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated in a Change Order.

(c) Where the Contractor’s services have been so terminated by the Owner, said termination will not affect any right of the owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor from compliance with the Contract Documents.

Article 8 – Termination for Convenience of the Owner

If, for any reason other than those provided for under Article 7, the Owner elects to discontinue, in whole, or part, the Work under this Contract, the Owner, may, after 10 days from delivery of a written notice to the Contractor and the Engineer, terminate, in whole or in part, the Contractor’s performance of the Work under this Contract. The notice of termination shall specify the extent to which performance of the Work under the Contract is terminated.

In the event of such termination by the Owner, the Contractor shall be entitled to payment for the Work at the jobsite acceptably performed up to the time of the termination and reimbursement for such costs as are reasonably incurred by the Contractor due to the termination and not otherwise compensated. The Contractor shall also be entitled to profit on the amounts payable to the Contractor, but such profit shall be limited to 6 percent of such amounts. The Contractor will not be entitled to any payments, including any anticipated profit, on Work not performed and will not be entitled to any compensation for other economic loss arising out of or resulting from such compensation or damages of any nature.

Article 9 – Assignments

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 case 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 of all persons, firms, and corporations for services rendered or materials supplied for the performance of the Work called for under this Contract.

Article 10 – Subcontracting

(a) The Contractor shall not subcontract the complete Work, or any part thereof, and shall not award any work to any subcontractor without prior written approval of the Owner. Owner approval will not be given except upon the basis of written statements containing such information as the Owner may require. At the pre-construction conference, the Contractor shall submit all subcontractors that the Contractor plans to use on the Project. Any changes or additional subcontractors should be submitted at least 14 days prior to the needed approval.

(b) The Contractor shall utilize the services of specialty subcontractors on those parts of the Work which, under normal contracting practices, are best performed by specialty subcontractors, as required by the Engineer in Engineer’s sole discretion, at no additional cost to the Owner.

If the Contractor desires to perform specialty work, the Contractor shall submit a request to the Owner, accompanied by evidence that the Contractor’s own organization has successfully performed the type of work in question, is presently competent to perform the type of work, and the performance of the work by specialty subcontractors will result in materially increased costs or inordinate delays.

(c) The Contractor shall be fully responsible to the Owner for the acts and omissions of the Contractor’s subcontractors and of persons either directly or indirectly employed by the Contractor. The Contractor shall be fully responsible to the Owner for the acts and omissions of independent contractors or independent subcontractors of the Contractor and of persons indirectly employed by the Contractor as the Contractor is for the acts and omissions of person directly employed by the Contractor.

(d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents.

(e) Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner.

Article 11 – Separate Contracts

(a) The Owner reserves the right to let other contracts in connection with this Project. The Contractor shall afford other contractors reasonable opportunity for the introductions and storage of their products and the execution of their work, and the Contractor and other contractors shall properly connect and coordinate their work with each other. If the proper execution or results of any part of the Contractor’s work depends upon the work of any other contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results.

(b) The owner may perform additional work related to the Project with Owner’s own forces. The Contractor shall afford the Owner reasonable opportunity for the introduction and storage of products and the execution of work, and shall properly connect and coordinate Contractor’s work with work performed by Owner’s own forces.

(c) If the performance of additional work by other contractors or the Owner is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof will be given to the Contractor prior to starting any such additional work. If the Contractor believes that the performance of such additional work by the Owner or others involves the Contractor in additional expense or entities the Contractor an extension of the Contract Time, the Contractor may make a claim therefor as provided in Article 29.

Article 12 – Laws and Regulations

The Contractor’s attention is directed to the fact that all applicable federal, state, county and city laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the Project shall apply to the Contract throughout, and they will be deemed to be included in the Contract as though written out in full herein.

The Contractor shall keep fully informed of all laws, ordinances, and regulations of the federal, state, county and city and municipal governments or authorities in any manner affecting those engaged or employed in the Work or the materials used in the Work or in any way affecting the conducts of the Work and all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents herein referred to, in relation to any such law, ordinance, regulation, order or decree, the Contractor shall herewith report the same, in writing, to the Owner. The Contractor shall at all times observe and comply with such existing and future laws, ordinances and regulations, and shall protect and indemnify the Owner, the Engineer and their agents against the violation of any such law, ordinance, regulation, order or decree, whether by the Contractor by the Contractor’s employees.

Article 13 – Taxes

The Contractor shall pay all sales, consumer, use and other similar taxes required by the law of the place where the Work is performed.

Article 14 – Notice and Service Thereof

(a) All notices, demands, requests, instructions, approvals, and claims shall be in writing.

(b) Any notice to or demand upon the Contractor will be sufficiently given if delivered at the office of the Contractor specified in the Bid (or at such other office as the Contractor may from time to time designate to the Owner in writing), or if delivered by the United States Mail in a sealed, postage-prepaid envelope, or delivered by facsimile transmission, or email followed by written confirmation, in each case addressed to such office.

(c) All paper required to be delivered to the Owner shall be delivered as stipulated in the Supplementary Conditions.

(d) Any such notice or demand shall be deemed to have been given to the Owner or made as of the time of actual delivery to Owner.

Article 15 – Patents

(a) The Contractor shall hold and save the Owner, the Engineer and their agents harmless for liability of any kind, including cost and expenses, reasonable attorney’s fees, for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the Work, including its use by the Owner.

(b) If the Contractor uses any design, process, device or materials covered by letters, trademarks, patent or copyright, the Contractor shall provide for such use by suitable agreement between the Owner and the holder of such patented or copyrighted design, device or material. The Contract prices shall include royalties and costs arising from the use of such design, device or materials, in any way involved in the Work. The Contractor and the Contractor’s sureties shall indemnify and save harmless the Owner, the Engineer and their agents from claims for infringement by reason of the use of such patented or copyrighted design, process, device or materials or any trademark or copyright in connection with Work agreed to be performed under this Contract, and shall indemnify the Owner, the Engineer and their agents for any cost, expense, damage and reasonable attorney’s fees which it may be obliged to pay by reason of such infringement, at any time during the prosecution of the Work or after completion of the Work.

Article 16 – Land and Rights-of-Way

The Owner will provide, as indicated in the Contract Documents and prior to the Notice to Proceed, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designated for the use of the Contractor. The Contractor shall confine work and all associated activities to the easements and other areas designated for the Contractor’s use. The Contractor shall comply with any limits on construction methods and practices which may be required by easement agreements.

If, due to some unforeseen reason, the necessary easements are not obtained, the Contractor shall receive an equitable extension of Contract Time and/or an equitable increase in the Contract Price to cover the Contractor’s additional costs as a result thereof, provided the Owner is notified immediately of the claim. The Contractor’s claim therefore shall be handled as provided for under Article 29.

Should additional temporary easements for ingress or egress be required by the Contractor for more suitable access to the Work, these easements shall be obtained by the Contractor, at no additional cost to the Owner

Additional requirements shall be as stipulated in the Supplementary Conditions.

Article 17 – Products

(a) Products shall be stored in accordance with the manufacturer’s recommendations to insure the preservation of their quality and fitness for the Work. Stored products to be incorporated in the Work shall be located so as to facilitate prompt inspection.

(b) Manufactured products shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

(c) Products shall be furnished in accordance with shop drawings and/or samples submitted the Contractor and approved by the Owner.

(d) Products to be incorporated into the Work shall not be purchased by the

Contractor or the subcontractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller.

Article 18 – Supervision of Work

The Contractor shall supervise and direct the Work. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall employ and maintain on the Work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor’s representative at the site. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the Work.

The supervisor shall have full authority to act on behalf of the Contractor and execute the orders or directions of the Engineer without delay. The supervisor shall have full authority to promptly supply products, tools, plant equipment and labor as may be required. The supervisor’s authority shall be such that all communication given to the supervisor shall be as binding as if given to the Contractor.

The Contractor shall employ, only competent and skilled personnel. The Contractor shall, upon demand from the Engineer, immediately remove any superintendent, foreman or workman whom the Engineer or Owner may consider incompetent or undesirable.

Article 19 – Interruption of Facility Operations

The Contractor shall provide the Owner with written notice at least five days prior to any interruption in facility operations required by construction activity. The notice shall include the date and time of the scheduled interruption; the length of time the interruption will be in effect; the procedures to be followed in effecting the interruption; a complete identification of all those processes, equipment and operations to be affected; and all other information the Owner may require. The Contractor shall provide any equipment, piping, auxiliary power or other means necessary to sustain facility operations or function for interruptions which have not been identified by the Specifications, or when interruptions must exceed the time allowed by the Specifications.

Additional requirements, if any, shall be as stipulated in the Supplementary Conditions.

Article 20 – Protection of Work, Property and Persons

(a) The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the work and other persons who may be affected thereby, all the Work and all products to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

(b) The Contractor shall comply with the Department of Labor Safety and Health

Regulations for construction, promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). The Contractor shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for safety and protection.

(c) The Contractor shall remedy all damage, injury or loss to any property, improvements or facilities caused, directly or indirectly, in whole or in part, by the Contractor or any of the Contractor’s subcontractors or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The property, improvements or facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the Work.

In case of failure on the part of the Contractor to restore such property, or make good such damages or injury, the Owner may, after 48 hours written notice, proceed to repair, rebuild, or other restore such property, improvements or facilities as may be deemed necessary. The cost thereof will be deducted from any monies due or which may become due the Contractor under this Contract.

(d) In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the Contract, without special instruction or authorization from the Owner, shall act to prevent threatened damage, injury or loss.

(e) Completed Work and stored products shall be suitably protected during unseasonable weather, to allow Work to proceed in a timely fashion. Work planned, or in progress, should be performed to minimize impact of adverse weather.

Article 21 – Protection of the Environment

(a) The Contractor shall be responsible for taking all measure required to minimize all types of pollution associated with the undertaking of the proposed work, and shall abide by the requirements of all governmental agencies having jurisdiction over the Work or Contractor’s Project operations.

(b) Any area used or involved in the Project that is disturbed by the Contractor, shall be restored to original or better condition, even though such area is outside the limits of that specified for grading, grassing or landscaping.

Article 22 – Protection, Location and Relocation of Utilities

The Contractor shall notify owners of adjacent utilities when prosecution of the Work may affect them. The Contractor shall protect from damage all existing improvements or utilities at, or in proximity to, the site of the Work, and shall repair or restore any damage to such facilities resulting from failure to exercise reasonable care in the performance of Work. If the Contractor fails or refuses to repair any such damage promptly, the Owner may have the Work performed and charge the cost thereof to the Contractor.

Prior to the construction or installation of any proposed facility or pipeline, the Contractor shall expose all existing utilities true to their vertical and horizontal location, within the vicinity of the Work. In order to avoid conflicts between existing proposed facilities or utilities, the Contractor shall either relocate the existing or proposed utility on a temporary or permanent basis, or shall take whatever means necessary to protect the existing facilities or utilities during the installation of proposed utilities, as approved by the Owner. No separate payment will be made for the relocation of existing utilities or for any work associated with the protection of existing facilities or utilities.

Article 23 – Schedules, Reports and Records

The Contractor shall submit to the Owner progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning work performed or to be performed as stipulated in the Supplementary Conditions.

Article 24 – Drawings and Specifications

The Drawings, Specifications, Contract Documents, and all supplemental documents, are considered essential parts of the Contract, and requirements occurring in one are as binding as though occurring in all. They are intended to define, describe and provide for all Work necessary to complete the Project in an acceptable manner, ready for use, occupancy, or operation by the Owner.

The Engineer will furnish the Contractor five copies of the Contract Documents, one copy of which the Contractor shall have available at all time on the Project site. Any additional copies will be furnished at additional cost.

In case of conflict between the Drawings and Specifications, the Specifications will govern. Figure dimensions on Drawings will govern over scale dimensions, and detailed Drawings will govern over general Drawings.

In cases where products or quantities are omitted from the Specifications, the description and quantities shown on the Drawings will govern.

Any materially differing site condition as between what is shown on the Drawings and Specifications and actually found on site shall be immediately reported to the Engineer, in writing, prior to the commencement of Work at the site. Failure of the Contractor to notify the Engineer, in writing of the differing site condition prior to performance of Work at the site shall constitute a waiver of any claim for additional monies. Any Change Order necessitated by the differing site condition shall be processed as provided under Article 28.

Any ambiguities or need for clarification of the Drawings or Specifications shall be immediately reported in writing to the Engineer. Any such ambiguity or need for clarification will be handled by the Engineer, in writing, as authorized by Article 11. No clarification of the Drawings and Specifications hereunder by the Engineer will entitle the Contractor to any additional monies unless a Change Order has been processed as provided by Article 28 hereof.

Any work done by the Contractor following a discovery of such differing site condition or ambiguity or need for clarification in the Contract Drawings and Specifications, prior to a written report to the Engineer, shall not entitle the Contractor to additional monies and shall be done at the Contractor’s risk.

Article 25 – Testing, Inspection and Rejection of Work

(a) Testing of Materials: Unless otherwise specifically provided for in the

Specifications, the inspection and testing of products to be incorporated in the Work at the site shall be made by bureaus, laboratories, or agencies approved by the Owner; the cost of such inspection and testing shall be paid by the Contractor. The Contractor shall furnish evidence, satisfactory to the Owner, that the products have passed the required tests prior to their incorporation into the Work. The Contractor Shall promptly segregate and remove rejected products from the site of the Work.

(b) Inspection: The Contractor shall furnish the Owner with every reasonable facility for ascertaining whether or not the Work performed and products used are in accordance with the requirements and intent of the Specifications and Contract Documents. No Work shall be done or products used without suitable inspection by the Engineer or Engineer’s representative. Failure to reject any defective work or product shall not in any way prevent later rejection when such defect is discovered, or obligate the Owner to final acceptance.

(c) Authority and Duties of the Resident Inspector: The Resident Inspector will be authorized to inspect all Work done and all products furnished, including preparation, fabrication and manufacture of the products to be used, but the Resident Inspector will not be authorized to alter or waive any requirements of the Contract Documents. The Resident Inspector may reject products or suspend the Work until any question at issue can be referred to and decided by the Engineer. The responsibility of the Contractor is not lessened by the presence of the Resident Inspector.

(d) Rejection of Work and Materials: All products furnished and all work done that is not in accordance with the Drawings or Specifications or that is defective will be rejected. All rejected products or Work shall be removed immediately. If rejected products or Work is not removed within 48 hours, the Engineer will have the right and authority to stop the Work immediately and will have the right to arrange for the removal of said rejected products or Work at the cost and expense of the Contractor. All rejected products or Work shall be replaced with other products or Work which conforms with the Drawings and Specifications.

(e) Contractor’s Responsibilities: Inspection of the Work will not relieve the

Contractor of any obligations to fulfill the Contract and defective Work shall be made good regardless of whether such Work has been previously inspected by the Engineer and accepted or estimated for payment.