NOTICE TO BIDDERS
The City of Erlanger, 505 Commonwealth Avenue, Erlanger, KY, 41018, hereby solicits and advertises for the installation of four-board horse, privacy, and chain link fencing, as described and specified in the bid packet entitled City of Erlanger Silverlake Park Fence Project Bid, copies of which are available at the office of the Erlanger City Clerk, 505 Commonwealth Avenue, Erlanger, KY 41018, 859-727-2525.
All bids and proposals in response to this advertisement and solicitation must be received by the Erlanger City Clerk on or before 10:00 a.m. on February 12, 2026, on a form provided by the Erlanger City Clerk and completed according to the Bid Instructions provided thereby, including all required attachments; and enclosed within a sealed envelope, with the words “City of Erlanger Silverlake Park Fence Project Bid” written, typed or otherwise indicated on the outside of the envelope. Any bids received after 10:00 a.m. on February 12, 2026 will not be considered.
All material, labor, equipment, and installation are required to complete this project. Bidders are also suggested to visit the work site prior to submitting a bid. Please see pages 5 and 33 for contact information to set up your visit.
The City of Erlanger reserves the right to not only reject any and all bids and proposals submitted in response to this advertisement and solicitation, for any reason or no reason; but especially those that are not in conformity with either the bid instructions, guidelines, or the specifications provided by the City, but also to accept bids and proposals submitted in response to this advertisement and solicitation that do not conform to those bid instructions and specifications.
INSTRUCTIONS TO BIDDERS
1. Read the City of Erlanger Silverlake Park Fence Project Bid Packet, as included and made a part hereof by reference. The items included in this packet describe the specifications and contractual provisions related to your bid proposal. Any changes in those specifications or contractual provisions may invalidate any bid or proposal that includes those changes.
2. Complete the Bid Form attached hereto and make a part hereof by reference by providing the following information in the blanks for it:
- The complete name, address, telephone number and e-mail address of the Contractor.
- The signature of the signatory.
- The printed name of the signatory.
- The date.
3. Complete the Agreement attached hereto and made a part hereof by reference by:
- Providing the printed name of the bidder as the Contractor in the first paragraph.
- Signing the Agreement at the end.
4. Have the signature on the Agreement notarized.
5. All Bidders must submit one (1) original and one (1) photocopy of the completed bid package.
6. Seal (both copies) the signed Bid Form, signed and notarized Agreement, and completed Bid Quantities Form within an envelope with the words “City of Erlanger Silverlake Park Fence Project Bid” written or otherwise indicated on the outside of the envelope; deliver the sealed envelope to the office of the Erlanger City Clerk, 505 Commonwealth Avenue, Erlanger, Kentucky before 10:00 a.m., prevailing time on or before February 12, 2026.
GUIDELINES FOR BIDDERS
1. General Guidelines
Copies of the bid packet are available at the office of the Erlanger City Clerk, 505 Commonwealth Avenue, Erlanger, KY 41018, 859-727-2525 or online at erlangerky.gov. It is the responsibility of the Bidder to read the packet in its entirety. Any questions can be directed to the Public Works Project Manager, Joe Daugherty at joe.daugherty@erlangerpw.com and pwadmin@erlangerpw.com. Bids shall be enclosed in a sealed envelope with the name of the bid project, name and address of the bidder, and the date and time of the bid opening.
2. Bid Price Discrepancies
If there is a discrepancy between the bid prices written in word and numbers, those prices written in word will be chosen.
3. Extra Work
Any departures from the original agreement will be made as provided in the General Conditions under “Extra Work”.
4. Materials and Equipment
It is the intention of this bid to specify standard materials and equipment. The bidders shall specify the equipment and materials which they propose to use in the contemplated project, and the City may declare a bid irregular wherein the equipment and materials are not specifically named by the bidder. Second hand and/or salvaged materials will not be permitted unless included under Specifications. Materials made, manufactured, or produced by convicts in a penal or correctional institute shall not be used in this project and under this contract. 5All applicable materials must comply with the Buy America requirements (pursuant to 23 U.S.C.313 and 23 CFR 635.410). The Contractor is required to certify (to the City of Erlanger) and provide an affidavit that all the materials meet these Federal regulations, including a signature to make the document official. An affidavit must be submitted with each pay application. Whenever the words “or equal” appear in the Specifications or bid packet, they shall be interpreted to mean an item of material or equipment that in the opinion of the City is similar to that named, suited to the same use, and capable of performing the same function as that named.
Wherever in the specifications a certain brand, make, or manufacturer is set out, it is intended to denote the quality standard of the article desired, but unless otherwise noted does not restrict bidders to the specific brand, make or manufacturer; it is to set forth and convey to the prospective bidder the general style, type, character, and quality of the article desired.
5. Notice of Preference for Kentucky Residents
A public purpose of the Commonwealth is served by providing preference to Kentucky residents in contracts by public agencies and providing preference to Kentucky residents equalizes the competition with other states that provide preference to their residents. As used in this provision, “Contract” means any agreement of a public agency, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item; and “Public Agency” has the same meaning as in KRS 61.805. Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a public agency, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder.
As used in this provision, a resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding: (a) is authorized to transact business in the Commonwealth, and (b) has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341-490, and maintained a Kentucky Workers’ compensation policy in effect.
A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection (2) of this section. If a procurement determination results in a toe between a resident bidder and nonresident bidder, preference shall be given to the resident bidder. This section shall apply to all contracts funded or controlled in whole or in part by a public agency.
The Finance and Administration Cabinet shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders to be used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate administrative regulation in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given. The preference for resident bidders shall not be given if the preferences conflict with federal law.
- Claim of Resident Bidder Status
- Any contractor claiming resident bidder status shall submit an affidavit claiming Kentucky resident bidder status, as a notarized affidavit that affirms that it meets the criteria to be considered a resident bidder as set forth in KRS 45A.494(2). The City may request additional documentation from any contractor submitting a bid to provide its resident or nonresident bidder status. Failure to provide documentation to the City proving resident or nonresident bidder status shall result in disqualification of the contractor.
- Non-Resident Bidder
- A nonresident bidder shall submit, along with its response, its certificate of authority to transact business in the Commonwealth as filed with the Commonwealth of Kentucky, Secretary of State. The location of the principal office identified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.
6. Awarding and Execution of Contract
The project will be awarded to the lowest and/or best responsible bidder. The City will evaluate all submitted bids in accordance with resident bidder preference pursuant to KRS 45A.490-494. However, in the selection of equipment or materials, the contract may be awarded to a responsible bidder other than the lowest in the interest of standardization or ultimate economy if the advantage of such standardization or ultimate economy is clearly evident. City staff will evaluate all bids submitted by the date and time provided. Upon approval of the Mayor, the contractor awarded the bid will be notified and a pre-construction meeting will be scheduled. The following items must be submitted at this meeting: Completed W-9 form, Kenton County Occupational License, and a Certificate of Liability that meets the requirements set forth in the provided Agreement. Once the agreement has been signed by both parties, a copy will be provided to the contractor.
The contractor cannot begin work until all the above documents have been received by the City Clerk’s office, the insurance has been approved by the City, and the agreement has been signed by both parties. All required documents must not expire during the life of the project. If a renewal takes place during the length of the project, a lapse of coverage shall not occur and updated documents must be submitted to the City Clerk’s office.
7. Interpretation of Agreement Documents
If any person contemplating the submission of a bid for the proposed contract is in doubt as to the true meaning of any part of the bid packet, specifications, plans (if applicable) or other proposed contract documents, they should submit a written request for an interpretation thereof to Joe Daugherty at joe.daugherty@erlangerpw.com. The person making the request shall be responsible for its prompt delivery. Any interpretation of the bid documents will be made by addenda duly issued and e-mailed or delivered to each person receiving a set of such documents. The City will not be responsible for explanations or interpretations of the proposed documents except as issued in accordance herewith.
8. Qualification of Bidders
The contractors bidding on this project shall give evidence in the class of work involved. The contractor shall provide a minimum of two (2) similar completed projects of the same type and size (or scope) performed by the bidder. Submittal information shall include the project name, project owner, and project reference including the name, email , and phone number of the project owner.
Bids submitted by contractors who have not, in the opinion of the City, had sufficient experience in the size and type of work involved, may not be considered.
9. Modification and/or Withdrawal of Bids
Telegraphic modification of bids is prohibited. Any bidder may withdraw their bid in person or by telegraphic or written request at any time prior to the scheduled time for closing the receipt of bids. Withdrawals after the scheduled time for closing the receipt of will not be permitted for a period of thirty (30) days.
10. Disqualified Bidders
Any bidder who has defaulted on any contract within the past three years shall not be qualified for any portion of the work.
11. Insurance, Contractor’s Coverage, and Cancellation Provision
The Contractor will not be permitted to commence work under this agreement until all insurance required in this bid packet has been provided to the City and approved. The Contractor shall not allow any sub-contractors to begin work on their sub-contract until all similar insurance required of the sub-contractor has been obtained and approved.
If the sub-contractor does not obtain insurance in their name and the principal contractor wishes to provide insurance protection for this sub-scontractor and this sub-contractor’s employees, a rider must be attached to the principal contractor’s policy, which rider must identify their persons thereby covered, or else the principal contractor must take out appropriate policies in the name of the sub-contractor. The instructions are not retroactive to insurance heretofore approved.
Certificates of insurance coverage shall include a statement of alteration or cancellation provisions of the policy, sufficient to show definitely that such provisions comply with the requirements stated above.
12. Insurance Compensation
The Contractor shall take out and maintain during the life of this agreement, Workers’ Compensation Insurance for all their employees at the site of this project. In case any work is sublet, the Contractor shall require the sub-contractor similarly to provide Workers’ Compensation Insurance for all the latter’s employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this agreement at the site of the project is not protected under this Workers’ Compensation statute, the Contractor shall provide and cause each sub-contractor to provide adequate coverage for the protection of their employees not otherwise protected.
13. Insurance, Builder’s Risk
The Contractor shall provide Builder’s Risk Insurance (fire and extended coverage) upon all work in place and/or materials stored at the site, where there is any considerable risk from such causes. Such insurance, when required, shall provide coverage at all times for the full cash value of all completed construction, as well as materials stored.
14. Insurance, Proof of Carriage
The Contractor shall provide the City with satisfactory proof of carriage of the insurance required.
15. Insurance, Public Liability, Professional Liability
The Contractor shall take out and maintain during the life of this agreement Public Liability (Bodily Injury and Property Damage) Insurance to protect them and any sub-contractor performing work covered by this agreement. If the Contractor uses a professional surveyor, engineer, or architect as a subcontractor, professional liability shall be required. Commercial Automobile Liability Coverage shall include all owned (private and others), hired and non-owned vehicles. Below is the minimum required insurance:
16. Employment Qualifications
Persons under sixteen years of age and convicts shall not be employed to work on any part of this project. No person whose age or physical condition is such as to make his employment dangerous to their health or safety or to the health and safety of others shall be employed to perform any work under this agreement, provided that this shall not operate against the employment of physically handicapped persons, otherwise employable, where such persons may be safely assigned to work which they can ably perform. There shall be no discrimination against gender, race, creed, color or political affiliations of those employed to work on this project.
17. Payment of Employees by Contractor
The Contractor and each of their sub-contractors shall pay each of their employees working on this project in full (less deductions made mandatory by law) in cash amount not less often than once each week.
18. Payment of Material Invoices by Contractor
Prior to the final invoice being submitted to the City of Erlanger, the contractor and sub-contractors shall provide proof that all invoices for materials supplied have been paid.
19. Reports from Contractor
The contractor shall provide the City with substantial proof that all payrolls for services rendered and invoices for materials supplied have been duly paid as herein required and such other data the City may require. In connection with all lump sum contracts, the contractor shall provide the City a suitable detailed breakdown on which to base partial payment estimates. When required, the contractor shall provide and keep current a suitable progress chart or schedule showing the estimated and actual progress on the work. The progress chart or schedule shall be subject to the approval of the City.
The contractor shall provide all the necessary information for, and assist in the preparation of, and/or prepare the partial payment estimates on forms approved by the City. City representatives shall be permitted to inspect all payrolls, records of personnel, invoices of materials, and other relevant data and records. The contractor shall provide to the City a weekly progress report, which shall include the actual and estimated progress of the work.
20. Partial Payment Estimates (pursuant to KRS 371.140)
The City will make partial payment to the contractor within thirty (30) days of submission of a duly certified and approved estimate for the work performed by the contractor. The City shall retain ten percent (10%) of the amount of each estimate until fifty percent (50%) of the construction project has been completed in accordance with the contract. After fifty-one percent (51%) of the construction has been completed in accordance with the contract, the City shall retain five percent (5%) of the amount of each estimate.
21. Contractor’s Account
Payment shall be made to all subcontractors and suppliers so that all amounts have been paid by the Contractor for Work for which previous certificates for payment were issued, in accordance with the notes on the AIA Document G702/. Contractor shall also follow all applicable state and federal wage requirements as related to this project.
22. Final Payment
Final payment shall be made in accordance with the Contractor’s Final Release details set out hereinafter under General Conditions,
23. Commencement and Completion of Work
The contractor shall begin work on a date to be specified in a written order of the City and shall fully complete all work under the contract by June 30, 2026.
GENERAL CONDITIONS
1. Definitions and Meaning of Terms
Whenever in this bid packet the following terms or pronouns referring to them are used, the intent and meaning shall be interpreted as follows:
A. The Contract or Agreement shall mean the contract executed by the City and the Contractor, of which these General Conditions form a part.
B. The terms City and Contractor shall mean the respective parties to the Contract.
2. Contact Information for Contractor
If the Name, Address, Telephone Number, and Email Address provided on the Bid Form is not the contact information for the contractor’s Point of Contact (POC) for this project, the POC’s information must be provided separately. Any notices, letters, or formal correspondence will be sent to the address and/or email address provided on the Bid Form.
3. Contractor’s Responsibility
It is the contractor’s responsibility to become familiar with the location of the project, the topography of the ground, the equipment or facilities required to complete the project, and anything else that may affect the work of the contractor for this project. No verbal statement of any officer, agent, employee of the City , either before or after the execution of this Contract shall affect or modify any of the terms or obligations herein contained. Only one contractor is to sign this contract. For convenience, the specifications may be divided into separate headings or divisions to cover the various trades represented in the work, and wherein “Contractors”, such as “Electrical Contractor”, “Plumbing Contractor”, and other “Contractors” as referred to, it has been for convenience only.
4. Agreement Details
Pursuant to KRS 83A.130(8), the Mayor is the only City representative authorized to sign the agreement for this project unless a designee has been authorized to sign on the Mayor’s behalf by executive order. Any other signatures will make the agreement invalid. The contractor cannot assign any part of the agreement without the written approval of the City, signed by the Mayor or their designee.
The contractor shall not sublet, transfer, assign or dispose of any portion of the agreement to any individual, co-partnership, or corporation and/or business without the prior written consent of the City, signed by the Mayor or their designee. The entire project bid packet shall be binding on the contractor and included as part of the agreement.
5. Work of the Contractor and Employees
A completion date for the project can be found under Section 2.0 in the bid agreement. It includes the liquidated damages costs if the work is not completed on time. A competent supervisor for the project must be provided by the contractor who meets the satisfaction of the City. This person(s) must remain present at the site of the project at all times during the progress with the authority to act on behalf of the contractor.
The Contractor shall be prepared to start work as stipulated in the agreement under Section 2.0, Time of the Work of the Contractor, but not until he has received official notice from the City to do so. The work shall be prosecuted in a manner and with sufficient materials, equipment and labor as is considered necessary to insure completion within the time set forth in the Contract. The Contractor shall not suspend the work or any portion of it without the written consent of the City. The Contractor shall employ only workers skilled in their various duties and shall dismiss, at the request of the City, any person employed in, about or upon the work, who misconducts himself or is incompetent or negligent in the performance of duties assigned to him. The Contractor shall furnish such equipment and employ such labor as is considered necessary by the City for the proper performance of the work.
6. Failure to Complete Work on Time
Should the Contractor fail to complete the work within the time specified in the proposal and/or agreement, there will be deducted by the City “Liquidated Damages” in the amount per day as set out in the said proposal and/or agreement. The amount of “Liquidated damages” shall in no event be considered as a penalty or otherwise than an agreed “Liquidated and Adjustment Damage” to reimburse by reason of the Contractor’s failure to complete the work within a specified time. A log indicating working days will be kept jointly by the City and the Contractor. Liquidated damages shall be $500.00 per working day. This paragraph shall not apply when the amount of liquidated damage to be assessed per day is not set out in the proposal and/or agreement.
7. Contract Delays and Extensions
The number of days in which the Contractor shall fully perform the proposed improvement has been set out in the Proposal and/or Contract. In arriving at any credit due the Contractor for an extension of time on the Contract, the City will allow such credit as in its judgment is deemed equitable and just for all delays occasioned by any act or failure to act on its part or caused by forces beyond the Contractor’s control. Additional time will also be allowed the Contractor to cover approved overruns or additions to Contract in the same proportion that the said overrun or addition in monetary value bears to the original Contract amount.
8. Defective Materials and Workmanship
Materials brought on the work site which are not in accordance with the specifications shall be removed from the site of the work by the Contractor at their own expense, and so disposed of that there will be no probability of their being used on the work or in the construction. Upon notice from the City, all defective workmanship shall be immediately remedied by the Contractor, at his own expense. If the Contractor fails to remove defective materials or to correct defective workmanship within a reasonable time, fixed in the notice from the City, the City may remove them and/or correct the work and charge all the expense in the connection therewith to the Contractor.
9. Guarantee
All machinery and equipment and fittings of every kind furnished under this Contract shall be free from defects of manufacture, materials and/or workmanship. The Contractor agrees herein under to replace materials and workmanship found inherently defective within twelve (12) months after completion of the work. In cases where such defects shall be caused by forces beyond the Contractor’s control, as judged by the City, the replacements will not have to be made by the Contractor.
10. Lines and Grades
The City will locate all control points from which the Contractor can proceed and will provide suitable references from which lines and grades can be established. The work shall be done in strict conformity with such points and instructions. The Contractor shall use proper precaution to preserve bench-marks and all City’s stakes. In case of willful or careless destruction, they shall be charged with the resulting expense of resetting points and stakes.
11. Inspection of Work
The City and its representatives may have full access, at all times, to the work and materials used for this project, as well as to plants where such materials are produced, and the Contractor shall provide facilities for such access and inspection. Any work that is no longer exposed and was not approved by the City, must be uncovered for examination at the Contractor’s expense.
12. Plans and Specifications
When applicable according to the type of project, the City of Erlanger will provide plans. The City, without charge, will furnish to the Contractor a sufficient number of copies of the plans and specifications for the proper handling of the work. The Contractor shall keep one (1) set of plans and specifications on site of the work. This set shall be kept current by addition of all approved changes, addenda and amendments thereto. The plans and specifications are intended to be explanatory to each other; but should any discrepancy appear or any misunderstanding arise as to the import of anything contained in either, the decision of the City shall be final and binding on the Contractor.
Any corrections of errors or omissions in the drawings and specifications may be made by the City when such corrections are necessary for the proper fulfillment of their intention as construed by him. All work or materials shown on the plans and not mentioned in the Bid documents, or any work mentioned in the Bid documents and not shown on the plans, shall be furnished, performed and done by the Contractor as if the same were both mentioned in the specifications and shown on the plans.
Should the Contractor in preparing their bid find anything necessary for the construction of the project that is not mentioned in the specifications or shown on the plans, or any discrepancy, he shall notify the City so that such items may be included. Should the Contractor fail to notify the City of such items, it will be assumed that his bid included everything necessary for the complete construction in the spirit and intent of the designs shown.
In case of discrepancy, figure dimensions shall govern over scale dimensions, large scale details shall govern over small scale drawings, plans shall govern over specifications, and detailed technical specifications shall govern over general specifications.
13. Inspection and Tests
The extent of and requirements for the inspection and testing of materials, workmanship, machinery and equipment, is set out in the specifications. Bureaus, laboratories and/or agencies selected by the Contractor for inspection and testing service shall be approved by the City. The cost of such inspection and testing service in connection with materials, workmanship, machinery and equipment furnished by the Contractor shall be borne by the Contractor. The City will pay for any inspection and testing service required in connection with materials, workmanship, machinery or equipment furnished by the City.
The Contractor shall furnish at their own expense, including packing and delivery charges, all samples of materials furnished by them that are necessary for testing purposes.
14. Permits and Codes
Unless otherwise set out in the specifications, the Contractor shall make application for, obtain and pay for all licenses and permits, and shall pay all fees and charges in connection therewith. The Contractor shall be required to comply with all state or municipal ordinances, laws and/or codes insofar as the same are binding upon the City.
The intent of this Contract is the Contractor shall base their bid upon the plans and the specifications, but that all work installed shall comply with all applicable codes and regulations as amended by any waivers. Before installing the work, the Contractor shall examine all plans and specifications for compliance with applicable codes and regulations bearing on the work, and shall immediately report any discrepancy to the City. Where the requirements of the plans and specifications fail to comply with the applicable code or regulation, the City will adjust by change order the Contract to conform to the code or regulation (unless waivers in writing covering the differences have been granted by the governing authority), and shall make appropriate adjustment in the Contract price. Should the Contractor fail to observe the foregoing provisions and install work at variance with any applicable code or regulation as may be amended by waivers (notwithstanding the fact that such installation is in compliance with the plans and specifications), the Contractor shall remove such work without cost to the City, but a change order will be issued to cover only the excess cost the Contractor would have been entitled to receive if the change had been made before the Contractor commenced work on the items involved.
15. Standard Specifications
Where standard specifications such as the standard specifications of the American Society of Testing Materials, the American Standard Association, The American Association of State Highway Officials, the Civil Aeronautics Administration, the Federal Specifications, etc., are referred to in the specifications and contract documents and on the plans, said references shall be construed to mean the latest amended and/or revised versions of the said standard or tentative specifications.
16. Alteration in Plans
The City reserves the right to make such alteration in the plans or in the character of the work as may be considered by the City necessary or desirable from time to time to complete the project in an acceptable manner; provided that, if alterations are made, the general character of the work as a whole is not changed thereby. Such alterations shall not be considered as a waiver of any condition of the contract nor to invalidate any of the provisions thereof.
17. Changes in the Work
The City may make changes in the work of the Contractor by making alterations therein, or by making additions thereto or by omitting work there from without invalidating the Contract and without relieving or releasing the Contractor from any guarantee given by him pursuant to the Contract provisions. All such work shall be executed under the conditions of the original contract. Except in an emergency endangering life or property, no change shall be made by the Contractor unless pursuance of a written order from the City authorizing the change and no claim for an adjustment of the Contract Price or time shall be valid unless so ordered.
Should the Contractor encounter or discover during the progress of the work sub-surface or latent conditions at the site materially differing from those shown on the plans or indicated in the specifications, the attention of the City shall immediately be called to such conditions before they are disturbed. If the City finds that they so materially differ, they shall at once make changes in the plans or specifications as they may find necessary, and any adjustment in the Contract Price as provided herein.
18. Claims for Extra Cost
If the Contractor claims that any instructions by drawings or otherwise involve extra cost or extension of time, they shall, within ten (10) days after the receipt of such instructions, and in any even before proceeding to execute the work, submit their protest thereto in writing to the City, stating clearly and in detail the basis of his objections. No such claim shall be valid unless so made. Claims for additional compensation for extra work, due to alleged errors in spot elevations, contour lines, or bench marks, will not be recognized unless accompanied by certified survey data, made prior to the time the original ground was disturbed, clearly showing that errors exist which resulted or would result in handling more material or performing more work, that would be reasonably estimated from the plans and topographical maps issued.
Any discrepancies which may be discovered between actual conditions and those represented by the topographical maps and plans shall at once be reported to the City, and work shall not proceed except at the Contractor’s risk, until written instructions have been received by them from the City. If, on the basis of the available evidence, the City determines that an adjustment of the contract price or time is justifiable, the procedure shall then be as provided herein for “Changes in Work”.
By execution of this Contract the Contractor warrants that he has visited the site of the proposed work and fully acquainted himself with the conditions existing there relating to construction and labor, and that he fully understands the facilities, difficulties, and restrictions attending the execution of the work under the Contract. The Contractor further warrants that he has thoroughly examined and is familiar with the drawings, specifications, and all other documents comprising the Contract. The Contractor further warrants that by execution of this Contract his failure when he was bidding on the Contract to receive or examine any form, instrument or document or to visit the site and acquaint himself with conditions existing there, in no way relieves him from any obligation under the
Contract and the Contractor agrees that the Owner shall be justified in rejecting any claim based on facts regarding which he should have been on notice as a result thereof.
19. Contractor’s Final Release
Before the City pays to the Contractor their final payment on the work, the Contractor will be required to sign a final release. This final release shall be notarized and shall state that all claims against the City on the Contractor’s part have been met in full; it shall further state that all accounts for labor performed, accounts for materials, liens, judgment, and claims of every nature against the
Contractor have been satisfied by them. It shall further state any obligation whatsoever in connection with work which may be presented or suits arising therefrom after the settlement are to be borne by the Contractor. In case the Contractor is unable to settle any claim that may be in dispute or litigation, the City may allow them to furnish a proper bond to indemnify the City against the lien and release the final estimate to him.
It is understood that the Contractor is to guarantee to the City all machinery and/or equipment that they will furnish twelve (12) months from date of final release and will replace such defective parts without cost to City.
20. Final Cleaning
The work will not be considered as completed nor final payment made until all final cleaning up has been done by the Contractor in a manner satisfactory to the City.
21. Bid Prices to Include Incidental Work
The bid prices will cover and include the cost and expense of all contingents, accessories and incidental work and material required to complete the improvement. This included replacement of services, pavement, fences or any other objects which are molested in the process of construction on this work. It shall also include where necessary, watchmen, flagmen, barricades, red lights, construction joints, finishing and curing concrete, laying dust, maintaining traffic, maintaining existing sewage flow, providing access to property, and many other incidents which occur on a normal construction job.
22. Cash Allowances
The Contractor shall include in the Contract sum all allowances named in the Contract document and shall cause the work so covered to be done by such Contractors and for such sums as the City may direct. The contract sum being adjusted in conformity therewith. The Contractor declares that the contract sum includes such sums for expenses and profit on account of cash allowances as he deems proper. No demand for expenses or profit other than those included in the contract sum shall be allowed. The Contractor shall not be required to employ for any such work, persons against whom they have reasonable objections.
23. Photographic History of Project
It is the contractor’s responsibility to keep a photographic history of the project. At a minimum, the contractor must digitally record the entire project area (or areas only on private property or within 50’ of any buildings or other man made structures) and submit the video to the City for approval prior to the start of construction. This recording may be used as a resource if issues/conflicts arise with homeowners during construction.
24. Indemnification
The contractor shall indemnify and save harmless the City and all its officers, agents, and employees from all lawsuits, actions, or claims of character name, and description brought about for or on account of any injuries or damaged received or sustained by any person(s) or property by or from the contractor (or sub-contractors) or in regards to any neglect in safeguarding the work or through the use of unacceptable materials used in the construction, or on the account of omission, neglect, or misconduct of the contractor (or sub-contractors).