RFP CP-22-02 Odessa Play Lot.pdf

CITY OF COLLEGE PARK, MARYLAND

REQUEST FOR BID PROPOSALS

RFP No. CP-22-02

ODESSA PARK PLAYGROUND PROJECT

Bid Documents

Issued by

City of College Park, Maryland

CONTACT: Brenda Alexander Public Works Department, Assistand Director, Administration Telephone: 240-487-3590, Email: balexander@collegeparkmd.gov

Issue Date

September 14, 2021

Questions Due

September 24, 2021 at 4:00 p.m.

Bid Submissions Due

October 5, 2021 at 2:00 p.m.

College Park Finance Department, 8400 Baltimore Avenue, Suite 375

College Park, MD 20740

Request for Construction Bid Proposals

Construction of Odessa Park Facility

Table of Contents

I. Advertisement and Bid Requirements

II. Instruction to Bidders

Examination of Contract Documents and Site Mandatory Pre-Bid Meeting Interpretations Preparation and Submission of Bids Bid Bond Contract Time Scope of Work Award of Contract Executtion of the Contract Performance and Labor and Materials Bonds Contractor License Construction Stakeout Approximate Quantities Power of Attorney Unbalanced Bid Modification of Bid Documents Receipt of Addenda Equal Products, Materials and Equipment Substitutions

III. General Conditions

Definitions Additional Instructions and Detail Drawings Service of Notice Schedules, Reports and Records Contract Requirements Materials, Services and Facilities Patents Surveys, Permits, Laws and Regulations Protection of Work, Property and Persons Changes in the Work Time for Completion and Liquidated Damages Executiion of Work Removal of Defective Work and Condemned Material Suspension, Abandonment or Delay in the Work Waiver of Contract and Right of Recovery Use of the Premises Payments to the Contractor Acceptance of Final Payment as Release

Insurance Warranty Resolution of Contract Questions Accident Prevention Approval by the City of College Park Meetings Guarantee of Unit Price Construction Schedule Wavier of Liens Interim and Final Inspections Utilities Work Records Construction Stakeout …………………………………………………………………

IV. Specification ……………………………………………………………………………33 V. Special Provisions

VI. Bid Response Package

Bid Proposal Form (8 pages) Information Regarding the Bidder (3 pages) Certificate of Registration Non-Collusion Affidavit Affidavit with Respect to Non-Conviction, Non-Suspension and Fale Pretenses Tentative Construction Schedule

VII. Sample Contractor Agreement

Sample Performance Bond Sample Labor and Materials Bond

Request for Construction Bid Proposals

ODESSA PARK PLAYGROUND PROJECT

I. ADVERTISEMENT AND BID REQUIREMENTS

The City of College Park (“the City”) requests bid proposals from licensed contractors to construct the Odessa Park Playground project (“Project”) located at the east terminus of Odessa Road, in the Sunnyside neighborhood of College Park on a parcel donated to the City. The purpose of the project is to construct a playground and access walkway for the existing community.

All facilities shall be constructed as specified in the plans, drawings, technical specifications, and bid documents, all forming the contract documents (the “Contract Documents”). The Project Manager for this project is Brenda Alexander, Assistant Director of Public Works, telephone 240-487-3590, FAX 301-474-0825, e-mail:

balexander@collegeparkmd.gov

Bids shall be delivered electronically with the subject line of Odessa Park Playground Project CP-22-02 to Finance Director Gary Fields, at gfields@collegeparkmd.gov with a copy to Project Manager Brenda Alexander at balexander@collegeparkmd.gov . All bids must be received no later than Tuesday, October 5, 2021, at 2:00 p.m. Bids will be publicly opened and read aloud via conference call at 2:30 p.m. The call-in number and access code for the bid opening will be posted to the City’s website at least 5 days before the bid opening at https://collegeparkmd.gov. Bids received after the deadline will not be considered. Award of a contract will be made by the Mayor and Council of the City of College Park at a regular City Council meeting.

All questions about the meanings or intent, discrepancies or omissions of the Contract Documents must be submitted by email on or before September 24, 2021 by 4:00 p.m.to Project Manager Brenda Alexander at balexander@collegeparkmd.gov . Responses will be provided by email to known bidders, and on the City’s website, by September 28, 2021.

Copies of the Contract Documents may be downloaded from the City’s website at http://www.collegeparkmd.gov. The Contract Documents consist of 1) Bid Documents (RFP No. CP-22-02), 2) Plans and Drawings (Bid Set dated June 22, 2021). If you are unable to obtain the Contract Documents from the website, please contact the Finance Department, Monday-Friday 8:00 a.m.-5:00 p.m., at 240-487-3509.

The City of College Park is an Equal Opportunity Employer. Discrimination based on race, religion, sex, age, ethnicity, ancestry or national origin, physical or mental disability, color, marital status, sexual orientation, gender identity, genetic information, political affiliation or any other factors not related to the ability to perform the work is expressly prohibited.

The City reserves the right to reject any and all proposals in the best interest of the City.

mailto:balexander@collegeparkmd.gov mailto:gfields@collegeparkmd.gov

II. INSTRUCTIONS TO BIDDER

1. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

Work described herein shall be constructed in accordance with the approved drawings, typical details, plans and specifications and all approved Contract Documents. All work must meet or exceed applicable standards established by the City.

Before submitting a bid, each Bidder must (a) examine the plans and specifications provided by the City thoroughly, (b) visit the site to be familiar with local conditions and on-going contracts that may in any manner affect performance of the Work, and (c) be familiar with federal, state, county and local laws, ordinances, rules and regulations affecting performance of the Work.

The submission of a proposal will constitute an incontrovertible representation that the Bidder has complied with these requirements. Failure to inspect the site will not relieve the Bidder of the obligation to furnish the material, equipment, and labor necessary to carry out the work and to complete said work for the consideration and in the time set out herein.

Errors in preparation of the proposal will not relieve the Bidder from the terms thereof. Errors discovered after public opening cannot be corrected and the Bidder will be required to perform if the proposal is accepted.

2. PRE-BID MEETING

A pre-bid meeting will not be held. Bidders are welcome to visit the site.

3. INTERPRETATIONS

All questions about the meanings or intent, discrepancies or omissions of the Contract Documents must be submitted by email on or before September 24, 2021 at 4:00 p.m. to Brenda Alexander, Project Manager, alexander@collegeparkmd.gov. The Project Manager will issue an addendum to the RFP with the questions and answers on or before September 28, 2021.

Any addenda will be posted to the City’s website and provided to known bidders. In any event, it shall be the responsibility of the Bidder to ascertain whether any addenda have been issued by checking the City’s website. Bidder must acknowledge the receipt (or mark “None” if applicable) of any addenda on their Bid Proposal Form. No questions will be accepted after the September 24, 2021 deadline. Upon award of the bid, all questions concerning progress of the work shall be directed to the Project Manager or designee.

4. PREPARATION AND SUBMISSION OF BIDS

Bids shall be submitted on the attached forms and shall be filled out in full, in ink or by computer, signed and submitted in electronic format. If changes and erasures are made, such changes and erasures shall be clear and legible, and shall be initialed by the person signing the Bid Proposal Form.

Proposals made on any other than the specified bid forms will not be considered. Any changes not approved by the Project Manager will cause rejection of the proposal. Conditional proposals and proposals containing escalator clauses will not be accepted. Any proposed alternatives must be clearly noted in the bid.

Bids shall be delivered electronically with the subject line of CP-22-02, to

Finance Director Gary Fields, at gfields@collegeparkmd.gov, with a copy to

Project Manager Brenda Alexander at balexander@collegeparkmd.gov. A receipt will be sent by email. The call-in number and access code for the bid opening will be posted to the City’s website at least 5 days before the bid opening. All bids must be received no later than Wednesday, October 5, 2021 at 2:00 p.m. Bids will be publicly opened and read aloud via conference call at 2:30 p.m. Bids received after the deadline will not be considered.Documents to be submitted with the Bid Proposal include:

▪ Bid Proposal Form

▪ Information Regarding the Bidder Form

▪ Non-Collusion Affidavit

▪ Affidavit with Respect to Non-Conviction, Non-Suspension and False

Pretenses

▪ Tentative Construction Schedule

A Bidder may submit only one bid proposal. More than one proposal from an individual, firm or partnership, corporation or association under the same or different names will not be considered on any given project, and will be considered grounds for disqualification and/or rejection of the proposals involved, unless prior approval has been granted by the City.

No Bidder may withdraw a bid within 120 days after the opening thereof.

Negligence on the part of the Bidder in preparing the Bid confers no right to the withdrawal of the Bid after it has been opened. Any and all costs incurred in the development of Bids, i.e., preparing and submitting, on-site product/service demonstrations, on-site visits, oral presentations, travel and lodging, etc., shall be the sole responsibility of Bidder.

The City reserves the right to amend or cancel the RFP at any time at its sole discretion before the execution of a contract with the selected bidder.

Bidders must take into account in their bid that a state of emergency exists in

Maryland due to the COVID-19 pandemic and that the construction of the Project is or may be impacted as a result. In the event of delays to the critical path of the construction schedule resulting solely from the effects o f the COVID-19 pandemic, the actual number of days of delay will be added to the construction schedule as an equitable adjustment. Expected costs that may be incurred due to the need for social distancing, personal protective equipment, additional sanitary conveniences and cleaning should be included in the bid, as well as any expected delays in delivery of supplies or equipment. To the fullest extent possible, the City intends to resolve these issues in the bid process, and not as change orders.

5. BID BOND AND PERFORMANCE AND LABOR AND MATERIALS BONDS

A bid bond is not required in connection with a bid submittal. A performance bond and labor and materials bond for 100% of the contract amount of the work is required.

6. CONTRACT TIME

Work under the Contract shall be completed in accordance with a construction time schedule mutually agreeable to the parties. Work must begin within ten

(10) days of notice to proceed and be completed within 200 days of notice to proceed. Any request for adjustments to the identified project schedule shall be made to the Project Manager when Contractor becomes aware of anticipated delays in receipt of materials or adverse weather, etc. Provisions for liquidated damages for failure to comply with the Contract Time are set forth in the General Provisions. Time is of the essence to this Contract.

7. SCOPE OF WORK

This Project will include the construction of a new playground with various pieces of play equipment on a parcel of land donated to the City of College

Park for recreational use. Other significant aspects of the Project include the construction of an asphalt path to provide access to the new playground from the east end of Odessa Road, a vegetated swale and a micro bio-retention structure for storm water management, native plantings, and the removal of an existing stand of bamboo.

The selected playground equipment will provide activity for children aged 2 and older and will have a poured-in-place rubberized surface under the pieces of play equipment. Site amenities include benches and waste receptacles. The landscape plan includes a perimeter planting of native trees and shrubs to provide screening from the neighboring homes. The micro bioretention structure is planted with native grasses and plants.

The Project includes removal of 16 trees and the eradication of an existing stand of bamboo. Bamboo removal will require cutting and digging of both the above ground and below ground plant parts and proper disposal of all resulting vegetation debris. Removal of the rhizomes and roots will require the use of an excavator or root rake to excavate all the below ground rhizomes and roots. The Project also includes continuing monthly inspections and maintenance by the successful bidder (Selected Contractor), after the completion of the Project, for one growing season to control any remaining growth of bamboo.

Plans for the Project have been approved by Maryland National Capital Park

& Planning Commission (M-NCP&P) Mandatory Referral process and the

Prince George’s Soil Conservation District for grading, erosion and sediment control.

The Selected Contractor will arrange for and schedule a pre-construction meeting with Prince George’s County Department of Permitting, Inspections and Enforcement (DPIE) after receiving Notice to Proceed. The Selected

Contractor will be responsible for scheduling all required inspections with

DPIE throughout the course of the Project. The Selected Contractor will be responsible to supply all submittals and as-built storm water management structure plan required in conjunction with the final as-built document package for the storm water management system to be submitted to DPIE for approval, and to obtain final project approval from DPIE for Project close-out.

All other required licenses and permits will be the responsibility of the

Selected Contractor, including without limitation any site certifications. The

Selected Contractor shall be responsible for the cost and provision of any

DPIE peer review and third-party inspection requirements. The Selected

Contractor will be required to pay all necessary fees and post any necessary bonds to such authorities, and any regulatory agencies having jurisdiction for inspection or for the privilege or right to execute the Work as called for in the

Contract Documents, and the Selected Contractor shall include the cost of said fees in its bid. The Selected Contractor shall be responsible for any

“construction fees” to implement the construction of the project.

Bidders must take into account in their bid that the on-going effects of the

COVID-19 pandemic may impact the construction schedule and overall completion of the project. In the event of delays to the critical path of the construction schedule resulting solely from the effects of the COVID-19 pandemic, the actual number of days of delay will be added to the construction schedule as an equitable adjustment. Expected costs that may be incurred due to the need for social distancing, personal protective equipment, additional sanitary conveniences, and cleaning should be included in the bid, as well as any expected delays in delivery of supplies or equipment. To the fullest extent possible, the City intends to resolve these issues in the bid process, and not as change orders.

Suppliers of the playground equipment shall be members of the IPEMA

(International Playground Equipment Manufacturers Association). Playground equipment shall carry a standard product warranty on all structures and components and meet American Society for Testing and Materials (ASTM) and Consumer Product Safety Commission (CPSC) guidelines for public playground safety. Installation of the playground equipment shall conform to the most recent established safety standards of the ASTM F 1487 Standard

Consumer Safety Performance Specification for Playground Equipment for

Public Use and ASTM F 1292 for impact attenuation under and around playground equipment and conform to all recognized guidelines issued by the

Consumer Product Safety Commission (CPSC) for public playground safety.

Informational signage shall be installed to inform playground users of potential risks involved.

The full scope of work is shown on the plans and specifications as referenced in Exhibit A, the Bid Set Plans prepared by Greenman-Pedersen, Inc. dated

June 22, 2021, and Exhibit B, Specifications, which are incorporated herein by reference. The Selected Contractor will be responsible for all work listed above, shown on the plans and specifications constituting the Contract

Documents, and all work that is incidental thereto.

8. AWARD OF CONTRACT

The Contract will be awarded at the discretion of the Mayor and Council of the City of College Park. It is expected that the award will be made in November, 2021.

In determining which proposal is best, the City will take into consideration, among other things, the bid price, and the experience, qualifications, references, responsibility and currently available facilities of the Bidder to perform the work.

The City reserves the right to reject any or all proposals, and to exercise its sole discretion to best serve the interests of the City.

Except where the City exercises the right reserved herein to reject any or all proposals, the Contract will be awarded on a per unit price or lump sum basis, as is in the best interest of the City of College Park.

The City of College Park reserves the right to cancel the award of the Contract at any time prior to execution of the Contract without liability on the part of the City.

9. EXECUTION OF THE CONTRACT

The Bidder to whom the Contract has been awarded must execute a Contract substantially similar to the one attached within ten (10) days after the award and submit such other documents as required by the Contract Documents, including a current insurance certificate listing the City of College Park as additional insureds with an additional insured endorsement for the duration of this Project. Failure by the Selected Contractor to execute the Contract and submit such other documents as required by the Contract Documents shall be just cause for annulment of the Award.

If the Selected Bidder fails to execute the Contract and performance bond hereto attached, and as herein provided, the award may be annulled and the Contract awarded to the second lowest responsive and responsible bidder, and such bidder shall fulfill every stipulation embraced herein, as if he were the original party to whom the award was made, or the City of College Park may reject all of the bids, as its interest may require.

10. PERFORMANCE AND LABOR AND MATERIALS BONDS

The Selected Bidder will be required to give Performance and Labor and Materials Bonds within 10 business days after the execution of the Contract. The Performance Bond shall be in the amount of 100% of the Contract Price and shall name the City as an insured and shall be in a form and with a surety acceptable to the City. The Labor and Materials bond shall be in the amount of 100% of the Contract Price.

11. CONTRACTOR LICENSE

Bidders are required under Section 17-602 of the Business Regulation Article, Annotated Code of Maryland, to show evidence of having obtained a construction license in the State of Maryland. The Bidder shall also obtain any other license or permit required by law.

12. APPROXIMATE QUANTITIES

The Bidder’s attention is called to the fact that any quantities given are estimated quantities and are intended as a guide to the Bidder, but in no way bind or limit the City to the actual amount of work to be performed or the quantity of material to be furnished. Any estimates of quantities herein furnished are approximate only.

13. POWER OF ATTORNEY

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

14. UNBALANCED BID

Bidders are specifically warned against unbalancing their bids as this will render them liable for rejection.

15. MODIFICATION OF BID DOCUMENTS

The right is reserved, as the interests of the City may require, to revise or amend the Bid Documents prior to the date set for opening bids and to postpone the date set for opening bids. Such revisions, amendments and/or postponements will be announced by addendum, a copy of which shall be available to all prospective bidders on the City’s website at www.collegeparkmd.gov.

16. RECEIPT OF ADDENDA

All bidders will be required to acknowledge receipt of any addenda on their Bid Proposal Form.

17. EQUAL PRODUCTS, MATERIALS AND EQUIPMENT

Except as may be specifically indicated to the contrary elsewhere within the Bid or Contract Documents, the specification by description of or reference to any particular product or item of material or equipment by type, brand name, make, model, catalogue number or design description is intended only to establish a standard of quality and any product, material or equipment of equal quality which is also the functional equivalent of and possesses the salient characteristics found in the particular item so specified may be substituted therefore upon the approval of the Project Manager. Where, however, the Bid or Contract Documents specify any such particular product or item of material or equipment and indicate that no substitution for that particular item will be permitted; the use of the item so specified will be required. Unless approved by the Project Manager and incorporated into the Bid and Contract Documents by an Addendum thereto prior to receipt of Bids, the Bidder bears all risk of the denial of any post-contract award request for the approval of any proposed equal substitution and, in the absence of such approval, will be required to provide all particular products and items of material and equipment specified by the Contract Documents.

18. SUBSTITUTIONS

Substitutions are considered to be:

▪ Any change to the specifications in the Bid other than an "or equal" product.

▪ Any change to the specifications after the Bid opening.

No substitution will be considered prior to receipt of Bids unless a written request for approval has been received by the City at least ten (10) work days prior to the date set for the opening of the Bid. Each request must include the name of the material or equipment for which it is to be substituted as well as a complete description of the proposed substitute including, as appropriate, drawings, cuts, performance and test data, and any other information necessary for evaluation. The burden of proof of the merit of the proposed substitute is upon the Bidder. Substitutions must meet exact design and aesthetic intent to be considered.

The decision made by the Project Manager to approve or disapprove a proposed substitution will be final. If the representative approves any proposed substitution prior to receipt of Bids, such approval will be set forth in a written addendum to the Bid document.

Bidders must not rely upon approvals made in any other manner. The procedure also applies to requests for approval of "or equal" products prior to Bid opening. The City is under no obligation to consider any substitution after the Bid opening. However, if it is in the best interest of the City to consider a substitution, it may do so. Any substitutions that are accepted by the City after the Bid opening will be provided for in the contract or in an amendment to the contract, or by change order to the Contract.

III. GENERAL CONDITIONS

A. DEFINITIONS

Wherever used in the Contract Documents, the following term shall be applicable to both the singular and plural thereof:

1. Addendum or Addenda - Written or graphic instruments issued prior to the Bid Opening of the Contract which modify or interpret the Contract

Documents.

2. Approval - Written approval from the Project Manager.

3. Bid – The offer or proposal of the Bidder submitted in the prescribed manner on the prescribed form setting forth the prices for the Work to be performed.

4. Bidder – Any person, firm or corporation submitting a Bid for the Work.

5. Bonds – Bid Bond, Performance Bonds, Labor and Material Payment

Bonds, Maintenance Bonds, and other instruments of security furnished by the Contractor and surety in accordance with the Contract

6. Change Order – A written order to the Contractor signed by the

Project Manager authorizing an addition, deletion or revision in the

Work within the general scope of the contract Documents, authorizing an adjustment in the Contract Price or Contract Time.

7. City – City of College Park, Maryland

8. Commission – Washington Suburban Sanitary Commission or WSSC

9. Contract/Contract Documents – The Contract, including Request for Bid

Proposals, the Bidders Proposal/Bid Form, Contract, Bonds, Notice of Award, Notice to Proceed, Change Orders, Plans, Drawings, Certificate of Substantial Completion, Standard Specifications, Addenda, General and Special Provisions, Standard Details, Information Regarding the Bidder , Bidder’s Questionnaire, General Conditions, Special Conditions, Affidavits, Insurance Certificates, and Federal Contract Provisions when appropriate.

10. Construction Manager – The authorized representative of the Project Manager assigned to make interpretations, clarifications and other instructions as to the intent of the Contract Documents.

11. Contract Price – The total monies payable to the Contractor under the terms and conditions of the Contract Documents.

12. Not used.

13. Contract Time – The specific date or the number of days stated in the contract for the completion of the Work.

14. Contractor – The person, firm or corporation with whom the City has executed the Contract.

15. County – Prince George’s County, Maryland and any department thereof.

16. Day – A calendar day of 24 hours lasting from midnight one day to midnight the next day.

17. Environmental Pollution – Presence and action of physical, chemical, biological, and human agents that adversely affect individual and community health and welfare; unfavorably alter or destroy ecosystems of importance to man; or degrade significant aesthetic and recreational values.

18. Field Order – A written order to the Contractor issued during construction by the Project Manager or agent for interpretations, clarifications and other instructions as to the intent of the Contract Documents.

19. Inspector – The authorized representative of the Project Manager assigned to make detailed inspection of any or all portions of the Work or materials therefor.

20. Manufacturer – Any person or organization who changes the form of a commodity or creates a new commodity and supplies it for the Work at any time, but who does not perform labor at the site.

21. Notice of Award – The written notice of the acceptance of the Bid from the

Mayor and Council of the City of College Park to the successful Bidder.

22. Notice to Proceed – Written communication issued by the Project Manager authorizing the Contractor to proceed with the work and establishing the dates of commencement and completion of the work.

23. Project – The undertaking to be performed as provided in the Contract

24. Project Manager – The Director of Public Works or h i s designee as a construction manager.

25. Provide – Means furnish and install as specified in Contract Documents.

26. Rock – Any indurated material that requires drilling, wedging, blasting, or other methods of brute force to excavate.

27. Not used.

28. Specifications – Contract Documents under the contract.

29. Standard Specifications – Maryland Department of Transportation, State

Highway Administration, "Standard Specifications for Construction and

Materials”, as amended.

30. Not used.

31. Subcontractor – An individual, firm or corporation having a direct contract with the Contractor or with any other subcontractor at any time for the performance of a part of the work at the site.

32. Substantial Completion – That date as certified by the Project Manager and/or Construction Manager when the construction of the Project or a specified part thereof is sufficiently completed in accordance with the

Contract Documents so that the Project or specified part can be utilized for the purposes for which it is intended.

33. Supplier – Any person or organization who supplies materials or equipment for the Work at any time, including that fabricated to a special design, who does not perform labor at the site.

34. Work – Any and all obligations, duties, and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the Contractor under the Contract Documents, labor, materials, equipment and other incidentals and the furnishing thereof.

Whenever, in the Contract Documents, the words DIRECTED, REQUIRED, PERMITTED, ORDERED, DESIGNATED, PRESCRIBED or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Project Manager is intended. Similarly, the words APPROVED, ACCEPTABLE, SATISFACTORY or words of like import shall mean approved, acceptable or satisfactory to the Project Manager unless otherwise expressly stated.

B. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS

The work under this Contract shall be built of the materials, sizes, dimensions, on the lines and slopes, at the depths, and in the manner called for by the

Contract Documents and/or shown on the Contract Drawings or in accordance with such changes as may be approved from time to time during the progress of the work, as hereinafter provided.

The Contractor may be furnished additional instructions and detail drawings by the Project Manager as necessary to carry out the work required by the Contract

Documents. The additional drawings and instructions thus supplied will become a part of the Contract Documents.

The Contractor shall carry out the work in accordance with the additional detail drawings and instructions.

C. SERVICE OF NOTICE

Any written communication, and any communication, notice, or order required by the Contract Documents to be in writing, may be served by electronic transmission, personal delivery, or by certified mail via the United States Postal

Service.

D. SCHEDULES, REPORTS AND RECORDS

A tentative construction schedule shall be included in the bid proposal, preferably in a Gantt chart. The Contractor shall submit to the Project

Manager, in a timely manner, such schedules of quantities and costs, construction progress schedules, breakdown of lump sum items, reports, estimates, records and any other data, as requested by and acceptable to the Project Manager.

E. CONTRACT REQUIREMENTS

The Contractor shall furnish all labor , materials, tools, equipment and transportation necessary for the proper execution of the Work in accordance with the Contract Documents and all incidental work necessary to complete the

Project in an acceptable manner, ready for use, occupancy or operation by the

City.

F. MATERIALS, SERVICES AND FACILITIES

The Contractor shall do all of the work as stated in the Contract Documents.

The Contractor shall provide and pay for all materials, taxes, labor, tools, equipment, light, power, transportation, supervision, temporary construction of any nature, and all other services or facilities of any nature whatsoever necessary to execute, complete and deliver the work within the specified time.

Any temporary construction done to execute the work under contract shall be removed and the area shall be left in original condition or as specified in the

Contract Documents. The Contractor shall complete the entire work together with such extra work as may be required, at the price fixed therefor, but at a total price not to exceed that provided for in the Contract, unless otherwise agreed in writing.

Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. The Contractor may request that materials required for this project be delivered to and stored at the project site, and the Project Manager may approve this request prior to execution of the Contract.

The Contractor shall provide a proposed written plan for any storage of materials and equipment, which must be approved in writing by the Project

Manager before commencement of the work.

All construction and storage sites shall be kept clean and free of debris and trash. The Contractor shall provide sufficient trash receptacles with lids for use by its employees on site. The receptacles shall be emptied on a regular basis at Contractor’s expense, with the contents disposed of properly.

Manufactured articles, materials and equipment shall be stored, applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer and as approved by the Project Manager.

G. PATENTS

The Contractor shall indemnify and save harmless the City from all suits, actions and damages or costs to which the City may be subjected by reason of the use of any patented article or process in the work under this Contract.

H. SURVEYS, PERMITS, LAWS AND REGULATIONS

1. SURVEYS – Unless otherwise specified, Contractor will furnish all boundary surveys and establish all baselines for locating the principal component parts of the work together with a suitable number of benchmarks adjacent to the Work as shown in the Contract Documents.

2. PERMITS – Permits and licenses of a temporary nature necessary for the performance of the work such as plumbing and electrical permits shall be secured and paid for by the Contractor.

The Contractor shall give all notices and comply with all permits, laws, ordinances, rules and regulations applicable to the conduct of the work as drawn and specified. If the Contractor observes that the Contract

Documents are at variance therewith, he shall promptly notify the

Project Manager in writing.

If any permit, license, or certificate expires, or is revoked, terminated or suspended, as a result of any action or omission on the part of the Contractor, he shall not be entitled to any additional compensation, nor to any extension of the completion date, by reason thereof.

3. LAWS AND REGULATIONS – The Contractor and his agents, servants, and employees shall strictly comply with the ordinances and regulations of the City, and all other applicable laws, when performing the work on this project. The Contractor shall protect and indemnify the

City and its officers, employees and agents, against any claim or liability arising from or based on the violation of any such law, ordinance or regulation, whether by himself or by hi s agents, servants, or employees.

I. PROTECTION OF WORK, PROPERTY AND PERSONS

1. GENERAL – The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work according to the accepted practices, and applicable rules, regulations and laws. 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 materials or equipment to be incorporated therein, whether in storage, or 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 during the entire course of construction.

In case of suspension of work for any cause whatever, the

Contractor shall be responsible for the Project and shall take such precautions as may be necessary to prevent damage to the work, and provide for proper drainage, and shall erect any necessary temporary structure, signs, or other facilities at his expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in acceptable growing condition all living material in newly established plantings, seedings and sodding furnished under this

Contract and shall take adequate precautions to protect new growth and other important growth against injury.

The Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. The

Contractor shall erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection.

The Contractor shall notify owners of adjacent utilities when prosecution of the work may affect them.

2. ACCIDENT PREVENTION – Precaution shall be exercised at all times for the protection of persons and property. The safety provisions of applicable laws, building and construction codes shall be observed.

Machinery and equipment and other hazards shall be guarded in accordance with the safety provisions of the most recent version of the Manual of Accident Prevention in Construction, as published by the Associated General Contractors of America, to the extent that such provisions are not inconsistent with applicable laws and regulations.

3. LIGHT, RAILINGS AND WATCHMEN – The Contractor shall place sufficient lights to light the work and work area to protect workers and public, and shall erect suitable railings, fences or other protection around the work zone, and provide all watchmen during the work, at all times, if they become necessary for the public safety. The Contractor shall place proper guards and lights for the prevention of accidents during and after delivery of materials and supplies, and shall at all times take all necessary precautions to avoid accidents or injury to persons or property.

The Contractor shall, upon notice from the Project Manager that he has not satisfactorily complied with the foregoing requirements, immediately take such measures and provide such means and labor to comply therewith as the Project Manager may direct. The Contractor shall not be relieved of his obligations under the Contract by any such notice or directions given by the Project Manager, or by his neglect, failure or refusal to give such notice or directions. In case the Contractor shall not comply with any order with respect to guarding the work, or public and private properties, the Project Manager may provide the required protection and the cost thereof will be deducted from any monies due or to become due the Contractor under the Contract

Documents. The Contractor shall not be relieved of his obligations under the Contract Documents by any such action of the Project Manager.

4. CARE AND PROTECTION OF WORK - From the commencement of the

Contract until its completion, the Contractor shall be solely responsible for the care of the work and all injury or damage to same, from whatever cause, shall be made good by him, at his own expense, before the final estimate is made. The Contractor shal l provide suitable means of protection for all materials intended to be used in the work and for work in progress, as well as for completed work.

5. PROTECTION OF STRUCTURES FROM MATERIALS - It shall be the responsibility of the Contractor to adequately protect the adjacent structures during the course of the project. The Contractor may use any protection method that is a normal practice. If any of the structures are defaced, they shall be repaired at the Contractor’s expense.

6. INJURY TO PROPERTY - In case of any direct or indirect damage done to public or private property by or because of the work, or in consequence of any act or omission on the part of the Contractor, his agents, servants or employees, the Contractor shall, at his own cost and expense, restore such property to a condition similar or equal to that existing before such damage was done. In case of failure on the part of the Contractor to so restore such property or properties, the cost of such restorations shall be deducted from any monies due or to become due the Contractor under the contract, or the City may deduct from any monies due the Contractor, a sum sufficient, in the judgment of the Project Manager, to reimburse the owners of the property so damaged.

This remedy shall be in addition to, and not in place of, any other remedy allowed by law.

J. CHANGES IN THE WORK

1. INCREASE OR DECREASE OF QUANTITIES – The City reserves the right to increase or decrease the quantity of materials to be furnished or of work to be done under this Contract whenever it is deemed advisable or necessary. Such increase or decrease shall in no way void this Contract and the total price of the contract shall be adjusted accordingly. The Cit y reserves the right to increase or decrease quantities based on a per unit price for the specific item, amount, or work requested without affecting the contract prices for any item or remaining work. Unit prices shall not be increased or decreased regardless of changes in quantity and shall be based solely on the unit price quotation.

2. ALTERATIONS – The City reserves the right to change the alignment, form, length, dimensions or materials of the work under the

Contract whenever any conditions or obstructions are met that render such changes desirable or necessary. In the event such alterations make the work less expensive for the Contractor, a proper deduction shall be made from the Contract price and the Contractor shall have no claim on this account for damages or for anticipated profits on the work that may be dispensed with. In the event such alterations make the work more expensive for the Contractor, a proper addition shall be made to the Contract price as shall be determined by the Project Manager.

3. IMPLIED WORK – All incidental work required by the Contract

Documents for which no payment is specifically provided and any work or materials not therein specified which are required to complete the work, and which may fairly be implied as included in the Contract and which the Project Manager shall judge to be so included, shall be done or furnished by the Contractor without extra compensation.

4. EXTRA WORK/CHANGE ORDERS – The Contractor shall do such extra work as may be approved by the Project Manager in writing as a change order. No claim for extra work shall be considered or allowed unless the said work has been so ordered. The extra work will be paid for on the basis of the unit prices agreed upon in the Contract

Documents. In the event the extra work is not priced by unit in the

Contract Documents, then the payment shall be as agreed upon by the

Contractor and the Project Manager. The amount to be paid to the

Contractor for extra work shall be determined in the following manner:

a. Wages of necessary day laborers and foremen actually employed on extra work, for such time as they are so employed, plus 15 percent.

b. Actual purchase price, as paid by the Contractor for materials actually incorporated into the extra work, plus 0 percent.

c. Actual rental price for vehicles equipment or machinery, as paid by the Contractor for their use in connection with extra work, plus 0 percent.

Payment for extra work shall not include an allowance for general conditions or for the time of superintendents, timekeepers, water-boys, flagmen or of any workmen or foremen not employed upon the extra work in question for a definitely and easily ascertainable period, or for insurance of employees or the public, or the use, maintenance or repair of tools or for the maintenance, operation and repair of machinery, or office accounting, project management or administrative expense, or any rent, interest, depreciation or bonding costs, or any other overhead, collateral or estimated expense, or any profit, and the costs of all such items shall be deemed to be included in the said allowance of 15 percent on labor.

All extra work shall be done as economically and expeditiously as possible, and under sufficient but not disproportionate supervision.

Labor shall be furnished at the current rates and materials shall be charged at the lowest market prices. The City may, at its option, furnish any material required for extra work and the Contractor shall not be entitled to any allowance or percentage on materials so furnished.

Likewise, the City may supply any necessary machinery or equipment and the Contractor shall not be entitled to any allowance thereupon.

Separate itemized statements and itemized bills, covering the extra work done in each month on each change order for extra work shall be delivered to the Project Manager before the 5th day of the following month. All bills shall include vouchers showing the cost of materials supplied by the Contractor that have been actually incorporated into such extra work. The Contractor shall permit such examination of his books, bills, vouchers and accounts as the Project Manager may require in checking bills for extra work.

The decision of the Project Manager shall be final and binding upon all questions relating to extra work. If it is determined that any extra work bill is unreasonable or improperly performed, the Project Manager shall be empowered to require its revision and adjustment in accordance with such terms as they shall judge to be fair and reasonable.

The Project Manager will certify to the City those bills for authorized extra work, submitted in approved form and by the prescribed date, for which she recommends payment. Payment for approved extra work completed under the Contract during any month shall be subject to all the provisions o f the Contract relating to the payment o f current estimates. Should the work under any extra work order remain uncompleted during any month, the payment shall not be made until the correct estimate is determined for the month, or the entire work under said extra work order is completed. The Contractor shall not be entitled to any claim for interest on any bill for extra work on account of delay in its approval.

All approved extra work shall be considered a part of the Contract and shall be subject to all of the provisions thereof.

In case of neglect or refusal on the part of the Contractor to perform any required extra work, or to make satisfactory progress in its execution, the City may invoke the provisions of “O. Waiver of Contract and Right of Recovery of this Section”. The Contractor shall not interfere with the prosecution of such work by the City.

During the progress of the extra work the Contractor shall carry forward all other parts of the work under the Contract, and may suspend any other part of the work only as approved by the Project Manager. No claim by the Contractor for extra compensation shall thereby be allowed.

The Contractor, however, shall be entitled to an extension of time to the extent that the Project Manager shall certify that the work done under the Contract has been delayed by the performance of said extra work, provided that a claim for such extension shall be submitted in a timely manner.

K. TIME FOR COMPLETION AND LIQUIDATED DAMAGES

1. EXTENSION OF TIME – If the amount of work done under the Contract is greater than indicated by the statement of quantities, or if the Contractor is materially obstructed or delayed in the procedure of the work by delay on the part of the City, the Contractor shall be entitled to such extension of the Contract time for the completion of the work, or any phase of the work, as the Project Manager shall certify in writing to be just and proper. A claim for such extension shall be made by the Contractor by a written notice sent to the Project Manager within 10 days after the date when such alleged cause for extension of time occurred. The notice shall state specifically the amount of delay that the Contractor is claiming. If said statement, thus made out, is not received within the prescribed time, the claim for extension of time shall be forfeited and invalid.

No extension of time will be granted for ordinary delays, weather conditions or minor accidents.

2. DEFAULT IN COMPLETION – The Project Manager shall determine the number of working days that the Contractor is in default in completing the Contract, or any of its phases, within the specified period of time, and shall certify same to the City in writing. For each day so certified, the Contractor shall pay to the City the sum of $500.00 per day, which sum is hereby agreed upon, not as a penalty, but as liquidated damages which the City will suffer by reason of such default, as the actual damage is difficult to quantify. The City, in its discretion, may extend the time for completion of the work beyond the Contract Time.

The City shall be fully authorized and empowered to deduct and retain the amount of any such liquidated damages for each day that the

Contractor shall be in default in completing the work after the time fixed in the Contract, or after any later date to which the time for completion may have been extended, from any monies due or to become due to the

Contractor under the Contract at any time after such default has occurred. The permitting of the Contractor to finish the work or any part of it after the time fixed for its completion, or after the time to which completion may have been extended, shall in no way operate as a waiver on the part of the City of any of its rights under the Contract.

L. EXECUTION OF WORK

1. TIMING. The execution of work shall begin on the date specified in the notice to proceed and be carried on continuously to completion, subject to such suspensions as are provided for herein. The progress of the work shall be at a rate sufficient to complete the Contract, and its phases, in an acceptable manner within the time specified. If it appears that the rate of progress is such that the Contract is not being executed in a satisfactory and workmanlike manner, the Project Manager may order the Contractor to take such steps as he considers necessary to complete the contract within the time provided, or to prosecute the work in a satisfactory matter.