September 11 2012 Complete Agenda

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AGENDA

MAYOR AND CITY COUNCIL WORK SESSION

TUESDAY, SEPTEMBER 11, 2012 12:00 P.M.

Closed Session Tuesday, September 11, 2012 12:00 p.m.- 1:00 p.m. Legal, Contractual

and Real Estate Matters

1. Report on Closed Session Tuesday, September 11, 2012 12:00 p.m. Legal, Contractualand Real Estate Matters

2. Bid Openings

A. 51st Street Production Well

B. Old Landing Road Wastewater Pumping Station ImprovementsC. St. Louis Avenue Water, Sewer & Roadway Improvements, 10th to 17th Street

D. Northside Park Outdoor Exercise Area

E. Uniform Bids for Police and Fire/EMS

3. Request for Funding of a Disaster Trailer

Presented by: John Culp, Executive Director, American Red Cross Lower Shore Chapter

4. Request to Purchase Equipment for Boardwalk Fiber Optic Camera Network

Presented by: Terence McGean, City Engineer

5. Bid Award Recommendation for Maintenance of Elevator and Escalator Systems

Presented by: Hal Adkins, Public Works Director


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WORK SESSION -MAYOR AND CITY COUNCIL

TUESDAY, SEPTEMBER 11, 2012

1 Report on Closed Session - Tuesday, September 11, 2012

12:00 a.m. 1:00 p.m. Legal, Contractual and Real Estate

Matters


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NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY

DATE AND TIME: Tuesday, September 11, 2012 12:00 p.m.

PLACE: City Hall

SUBJECT: Legal, Contractual and Real Estate Matters

VOTE: UNANIMOUS

OTHER: FOR:

AGAINST:

ABSTAIN:

ABSENT:

AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of MarylandPURPOSES:

1. To discuss:

(i) the appointment, employment, assignment, promotion, discipline, demotion,compensation, removal, resignation or performance evaluation ofappointees, employees or officials over whom it has jurisdiction; or

(ii) any other personnel matter that affects one or more specific individuals;

2. To protect the privacy or reputation of individuals with respect to a matter that is

not related to public business

X3. To consider the acquisition of real property for the public purpose and matters

directly related thereto;

4. Consider a matter that concerns the proposal for a business or industrial

organization to locate, expand or locate in the state;

5. Consider the investment of public funds;

6. Consider the marketing of public securities;X 7. Consult with counsel to obtain legal advice;

8. Consult with staff, consultants or other individuals about pending or potentiallitigations;

9. Conduct collective bargaining negotiations or consider matters that relate to the

negotiations;

10. Discuss public security if the public body determines that public discussion

would constitute a risk to the public or public security, including;

a) the deployment of fire and police services and staff; and

b) the development and implementation of emergency plans

11. Prepare, administer or grade a scholastic, licensing or qualifying examination;

12. Conduct or discuss an investigative proceeding on actual or possible criminalconduct;

13. Comply with a specific constitutional, statutory or judicially imposed

requirement that prevents public disclosures about a particular proceeding ormatter; or

X

14. Before a contract is awarded or bids are opened, discuss a matter directly related

to a negotiation strategy or the contents of a bid or proposal, if public discussion

or disclosure would adversely impact the ability of the public body to participate

in the competitive bidding or proposal process


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REPORT OF CLOSED SESSION

OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY

Prior to this open session of the Mayor and City Council being held on Tuesday,

August 28, 2012, a closed session was held on Tuesday, September 11, 2012 at

12:00 p.m. The following is a report of the closed session.

1. A statement of the time, place, and purpose of the closed session is attached.

2. A record of the vote of each member as to closing the session is attached.

3. A citation of the authority under the law for closing the session is attached.

4. (a) Topics of Discussion: Legal, Contractual, and Real Estate Matters

(b) Persons present:

Mayor Richard Meehan

City Manager David Recor

Council President Jim Hall,

Council Secretary Lloyd Martin

Council Members Doug Cymek; Joe Hall, Mary Knight, Margaret Pillas and

Brent Ashley

City Solicitor Guy Ayres

Risk Manager Eric Lagstrom

Public Works Director Hal Adkins

Public Works Chief Deputy Director Jim Parsons

Executive Office Associate Diana Chavis

Action(s) taken:

Motion to close meeting:

H:\Wpdoc\closedsess.wpd


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2 Bid Opening

A. 51st

Street Production Well


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2 Bid Opening

B. Old Landing Road Wastewater Pumping Station

Improvements


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2 Bid Opening

C. St. Louis Avenue Water, Sewer & Roadway

Improvements, 10th

-17th

Street


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2 Bid Opening

D. Northside Park Outdoor Exercise Area


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TOWN OF OCEAN CITY, MARYLAND

REQUEST FOR BIDS

NORTHSIDE PARK OUTDOOR EXERCISE & FITNESS AREA

BID OPENING TUESDAY, SEPTEMBER 11, 2012 AT 11:00 AM

VENDOR VENDOR RESPONSE

Commercial Recreation Products

111 Wilfong CourtHavre De Grace, MD 21078

Joseph T. Dashiell Builders

9925 Stephen Decatur Highway

Ocean City, MD 21842

Robert Mitrecic Builder

108 Old Wharf Road


Shades Home Improvement10035 Bonita Drive


Sport Systems

10078 Tyler PlaceIjamsville, MD 21754

Recreation Resources, Inc.

P.O. Box 371

Kennett Square, PA 19348

Custom Park Services

P.O. Box 1098

Jessup, MD 20794Playground Specialists, Inc.

17352 N. Seton Avenue

Emmitsburg, MD 21727

Recreation Brands of Maryland

379 Preswick WaySeverna Park, MD 21146

Sparks @ Play, LLC

3705 Crondall Lane

Owings Mills, MD 21117

West Recreation

P.O. Box 487Queenstown, MD 21658

Bridges Site & Utility

P.O. Box 368

St. Michaels, MD 21663

Strawbridge Contractors, Inc.5305 Enterprise StreetSykesville, MD 21784


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Gillis Gilkerson

P.O. Box 282

Salisbury, MD 21803

Mapes Construction Company

412 Barbersville Road

Laurel, MD 20724

P:/Parks/Cal/Bid Submission NSP Outdoor Exercise Area 082912


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TOWN OF OCEAN CITY

OCEAN CITY, MARYLAND

CONTRACT DOCUMENT

FOR THE PROVISION OF

Northside Park Outdoor Exercise Area

COUNCIL

JAMES W. HALL

PRESIDENT

LLOYD MARTIN

SECRETARY

DOUGLAS S. CYMEK

BRENT ASHLEY

JOE HALL

MARY P. KNIGHT

MARGARET PILLAS

MAYOR CITY MANAGER

RICHARD W. MEEHAN DAVID L. RECOR

DIRECTOR OF RECREATION & PARKS

THOMAS J. SHUSTER, CPRP

BID DUE DATE/TIME: Tuesday, September 11, 2012 at 11:00 a.m.


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The TOWN OF OCEAN CITY, MARYLAND is soliciting bids for the Northside Park Outdoor Exercise Area.

Please indicate your interest in receiving a copy of the bid specifications by making a request in writing to thefollowing address or by calling 410-250-0125:

Thomas J. Shuster

Town of Ocean City, Maryland

200 125th

Street


To be considered, the proposal must be received by City Manager, 301 North Baltimore Avenue, Ocean City, MD21842 by 11:00 a.m., on Tuesday, September 11, 2012.


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INFORMATION FOR BIDDERS

BIDS will be received by THE TOWN OF OCEAN CITY (herein called the 'TOWN'), atthe office of the City Manager, City Hall, 301 North Baltimore Avenue, Ocean City, Marylanduntil Tuesday, September 11, 2012 at 11:00 a.m. then openedand read aloud at the Council

meeting held at 12:00 noon.

Each BID must be submitted in a sealed envelope, addressed to the Mayor & CityCouncil at the Town of Ocean City, Maryland. Each sealed envelope containing a BID must beplainly marked on the outside as bid for the Northside Park Outdoor Exercise Area and theenvelope should bear on the outside the name of the BIDDER, his address, and his licensenumber. If forwarded by mail, the sealed envelope containing the BID must be enclosed inanother envelope addressed to the Town of Ocean City, City Manager's Office, P.O. Box 158,Ocean City, Maryland 21843. Faxed bids will not be accepted.

All BIDS must be made on the required BID form. All blank spaces for BID prices must

be filled in, in ink or typewritten, and the BID form must be fully completed and executed whensubmitted. Only one copy of the BID form is required.

The TOWN may waive any informalities or minor defects or reject any and all BIDS.Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS orauthorized postponement thereof. Any BID received after the time and date specified shall notbe considered. No BIDDER may withdraw a BID within 60 days after the actual date of theopening thereof. Should there be reasons why the contract cannot be awarded within thespecified period, the time may be extended by the TOWN.

BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID

schedule by examination of the site and a review of the drawings and specifications includingADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was amisunderstanding concerning the quantities of WORK or of the nature of the WORK to be done.

The CONTRACT DOCUMENTS contain the provisions required for the construction ofthe PROJECT. Information obtained from an officer, agent, or employee of the TOWN or anyother person shall not affect the risks or obligations assumed by the CONTRACTOR or relievehim from fulfilling any of the conditions of the contract.

A performance BOND and a payment BOND, each in the amount of 100 percent of theCONTRACT PRICE, with a corporate surety approved by the TOWN, will be required for the

faithful performance of the contract.

Attorneys-in-fact who sign BID BONDS or payment BONDS and performance BONDSmust file with each BOND a certified and effective dated copy of their power of attorney.

The party to whom the contract is awarded will be required to execute the Agreement and


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obtain the performance BOND and payment BOND within fourteen (14) calendar days from thedate when NOTICE OF AWARD is mailed to the BIDDER. The NOTICE OF AWARD shallbe accompanied by the necessary Agreement and BOND forms. In case of failure of theBIDDER to execute the Agreement, the TOWN may at it's option consider the BIDDER indefault, in which case the BID BOND accompanying the proposal shall become the property of

the TOWN.

The TOWN within ten (10) days of receipt of acceptable performance BOND, paymentBOND and Agreement signed by the party to whom the Agreement was awarded shall sign theAgreement and return to such party an executed duplicate of the Agreement. Should the TOWNnot execute the Agreement within such period, the BIDDER may by WRITTEN NOTICEwithdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of thenotice by the TOWN.

The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of theAgreement by the TOWN. Should there be reasons why the notice to proceed cannot be issued

within such period, the time may be extended by mutual agreement between the TOWN andCONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) dayperiod or within the period mutually agreed upon, the CONTRACTOR may terminate theAgreement without further liability on the part of either party.

The TOWN may make such investigations as it deems necessary to determine the abilityof the BIDDER to perform the WORK, and the BIDDER shall furnish to the TOWN all suchinformation and data for this purpose as the TOWN may request. Bids from Contractorsdebarred from doing business with the State of Maryland or the Federal Government will not beaccepted.

The TOWN reserves the right to reject any BID if the evidence submitted by, or investigation of,such BIDDER fails to satisfy the TOWN that such BIDDER is properly qualified to carry out theobligations of the Agreement and to complete the WORK contemplated therein.

A conditional or qualified BID will not be accepted.

Award will be made to the lowest responsible BIDDER.

All applicable laws, ordinances, and the rules and regulations of all authorities havingjurisdiction over construction of the PROJECT shall apply to the contract throughout.

Each BIDDER is responsible for inspecting the site and for reading and being thoroughlyfamiliar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to doany of the foregoing shall in no way relieve any BIDDER from any obligation in respect to hisBID.

The low BIDDER shall supply the names and addresses of major material suppliers andsubcontractors when requested to do so by the TOWN.


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AGREEMENT

THIS AGREEMENT, made this _________day of _____________________, 20__, by andbetween THE TOWN OF OCEAN CITY, hereinafter called 'TOWN'and___________________________________ doing business as (an individual), (a partnership),

or (a corporation) hereinafter called 'CONTRACTOR'.

WITNESSED: That for and in consideration of the payments and agreements hereinaftermentioned:

1. The CONTRACTOR will commence and complete the construction of the Northside ParkOutdoor Exercise Area.

2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor andother services necessary for the construction of the PROJECT described herein.

3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTSwithin six (6) calendar days after the date of the NOTICE TO PROCEED and will complete thesame within (56) calendar days unless the period for completion is extended otherwise by theCONTRACT DOCUMENTS.

4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACTDOCUMENTS and comply with the terms therein for the sum of $_________________(_______________________) or as shown in the BID schedule.

5. The term 'CONTRACT DOCUMENTS' means and includes the following:

(A) Advertisement(B) Information for Bidders(C ) BID(D) Agreement(E) General & Supplemental Conditions(F) Payment Bond(G) Performance Bond(H) Notice Of Award(H) Notice to Proceed(I) Specifications and Drawings

6. The TOWN will pay to the CONTRACTOR in the manner and at such times as set forthin the General Conditions such amounts as required by the CONTRACT DOCUMENTS.


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7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,administrators, successors, and assigns.

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by theirduly authorized officials, this Agreement in duplicate each of which shall be deemed an originalon the date first above written.

CONTRACTOR: TOWN:

______________________________ ______________________________

BY____________________________ BY____________________________DAVID L. RECORCITY MANAGER

NAME_________________________

TITLE_________________________

(SEAL) (SEAL)

ATTEST_______________________ ATTEST_________________________

NAME_________________________ NAME___________________________


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NOTICE TO PROCEED

To: Date:

Project: Northside Park Outdoor Exercise Area

You are hereby notified to commence WORK in accordance with the Agreementdated______________________ on or before ___________________________ you are tocomplete the WORK within [Project Duration] consecutive calendar days thereafter. The date ofcompletion of all WORK is therefore _____________________, 20__.

TOWN OF OCEAN CITYBY___________________

David L. Recor,City Manager

NOTICE TO PROCEED

Receipt of the above NOTICE TO PROCEED is hereby acknowledged by

_________________________________________________________________,

this the____________day of ___________________________, 20__.

By_______________________________

Title_____________________________


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GENERAL CONDITIONS

ARTICLE 1. Definitions2. Additional Instructions and Detail Drawings3. Schedules, Reports and Records4. Drawings and Specifications5. Shop Drawings6. Materials, Services and Facilities7. Inspection and Testing8. Substitutions9. Patents10. Surveys, Permits, Regulations11. Protection of Work, Property, Persons

12. Supervision by Contractor13. Changes in the Work14. Changes in Contract Price15. Time for Completion and Liquidated Damages16. Correction of Work17. Subsurface Conditions18. Suspension of Work, Termination and Delay19. Payments to Contractor20. Acceptance of Final Payment as Release21. Insurance22. Contract Security

23. Assignments24. Indemnification25. Separate Contracts26. Subcontracting27. Engineer's Authority28. Land and Rights-of-Way29. Guaranty

ARTICLE 1. DEFINITIONS

1.1 Wherever used in the CONTRACT DOCUMENTS, the following

terms shall have the meanings indicated which shall be applicableto both the singular and plural thereof.

1.2 ADDENDA - written or graphic instruments issued prior to theexecution of the Agreement which modify or interpret theCONTRACT DOCUMENTS, DRAWINGS, and SPECIFICATIONS,


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by additions, deletions, clarifications, or corrections.

1.3 BID - The offer or proposal of the BIDDER submitted on theprescribed form setting forth the prices for the WORK to beperformed.

1.4 BIDDER - Any person, firm or corporation submitting a BID for theWORK.

1.5 BONDS - Bid and other instruments of security, furnished by theCONTRACTOR and his surety in accordance with the CONTRACTDOCUMENTS.

1.6 CHANGE ORDER - A written order to the CONTRACTORauthorizing an addition, deletion or revision in the WORK withinthe general scope of the CONTRACT DOCUMENTS, orauthorizing an adjustment in the CONTRACT PRICE or

CONTRACT TIME.

1.7 CONTRACT DOCUMENTS - The contract, includingAdvertisement for Bids, Information for Bidders, Bid, Bid Bond,Agreement, Notice of Award, Notice to Proceed, Change Order,Drawings, Specifications and Addenda.

1.8 CONTRACT PRICE - The total monies payable to theCONTRACTOR under the terms and conditions of theCONTRACT DOCUMENTS.

1.9 CONTRACT TIME - The number of calendar days stated in theCONTRACT DOCUMENTS for the completion of the WORK.

1.10 CONTRACTOR - The person, firm or corporation with whom theTOWN has executed the Agreement.

1.11 DRAWINGS - The part of the CONTRACT DOCUMENTS whichshow the characteristics and scope of the WORK to be performedand which have been prepared or approved by the CITYENGINEER.

1.12 ENGINEER The Director of Recreation & Parks or an appointedrepresentative of the Director of Recreation & Parks of the Town ofOcean City.

1.13 FIELD ORDER - A written order effecting a change in the WORKnot involving an adjustment in the CONTRACT PRICE or an


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extension of the CONTRACT TIME, issued by the ENGINEER tothe CONTRACTOR during construction.

1.14 NOTICE OF AWARD - The written notice of the acceptance ofthe BID from the TOWN to the successful BIDDER.

1.15 NOTICE TO PROCEED - Written communication issued by theTOWN to the CONTRACTOR authorizing him to proceed with theWORK and establishing the date of commencement of the WORK.

1.16 OWNER - The Town of Ocean City, Maryland.

1.17 PROJECT - The undertaking to be performed as provided in theCONTRACT DOCUMENTS.

1.18 RESIDENT PROJECT REPRESENTATIVE - The authorizedrepresentative of the TOWN who is assigned to the PROJECTsite or any part thereof.

1.19 SHOP DRAWINGS - All drawings, diagrams, illustrations,brochures, schedules and other data which are prepared by theCONTRACTOR, a SUBCONTRACTOR, MANUFACTURER,SUPPLIER OR DISTRIBUTOR, which illustrates specific portionsof the WORK shall be fabricated or installed.

1.20 SPECIFICATIONS - A part of the CONTRACT DOCUMENTS

consisting of written descriptions of a technical nature ofmaterials, equipment, construction systems, standards andworkmanship.

1.21 SUBCONTRACTOR - An individual, firm or corporation having adirect contract with the CONTRACTOR or with any otherSUBCONTRACTOR for the performance of a part of the WORKat the site.

1.22 SUBSTANTIAL COMPLETION - That date as certified by theENGINEER when the construction of the PROJECT or specified

part thereof is sufficiently completed, in accordance with theCONTRACT DOCUMENTS, so that the PROJECT or a specifiedpart can be utilized for the purposes for which it is intended.

1.23 SUPPLEMENTAL GENERAL CONDITIONS - Modifications oradditions to General Conditions as required, may appear as part


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of the project specification. Where variations exist between theSupplemental General Conditions and General Conditions theContractor shall contract the Engineer for a ruling. Saidruling shall be final.

1.24 SUPPLIER - Any person or organization who supplies materialsor equipment for the WORK, including that fabricated to a specialdesign, but who does not perform labor at the site.

1.25 WORK - All labor necessary to produce the construction requiredby the CONTRACT DOCUMENTS, and all materials andequipment incorporated in the PROJECT.

1.26 WRITTEN NOTICE - Any notice to any party of the Agreementrelative to any part of this Agreement in writing and considereddelivered and the service thereof completed, when posted by

certified or registered mail to the said party at his last givenaddress, or delivered in person to said party or his authorizedrepresentative on the WORK.

ARTICLE 2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS

2.1 The CONTRACTOR may be furnished additional instructionsand detail drawings, by the ENGINEER, as necessary to carryout the WORK required by the CONTRACT DOCUMENTS.

2.2 The additional drawings and instruction thus supplied will becomepart of the CONTRACT DOCUMENTS. The CONTRACTOR shallcarry out the WORK in accordance with the additional detaildrawings and instructions.

ARTICLE 3. SCHEDULES, REPORTS AND RECORDS

3.1 The CONTRACTOR shall submit to the ENGINEER such scheduleof quantities and costs, progress schedules, payrolls, reports,estimates, records and other data where applicable as arerequired by the CONTRACT DOCUMENTS for the WORK to beperformed.

3.2 Prior to the first partial payment estimate the CONTRACTOR shallsubmit construction progress schedules showing the order inwhich he proposes to carry on the WORK, including dates atwhich he will start the various parts of the WORK, estimated dateof each part and, as applicable:


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5.2 When submitted for the Engineer's review, SHOP DRAWINGS shallbear the CONTRACTOR'S certification that he has reviewed,checked, and approved the SHOP DRAWINGS and that they arein conformance with the requirements of the CONTRACTDOCUMENTS.

5.3 Portions of the WORK requiring a SHOP DRAWING or sample

submission shall not begin until the SHOP DRAWING or samplesubmission has been approved by the ENGINEER. A copy ofeach approved SHOP DRAWING and each approved sampleshall be kept in good order by the CONTRACTOR at the site andshall be available to the ENGINEER at the site.

ARTICLE 6 MATERIALS, SERVICES AND FACILITIES

6.1 It is understood that, except as otherwise specifically stated inthe CONTRACT DOCUMENTS, the CONTRACTOR shall provideand pay for all materials, labor, tools, equipment, water, light,

power and transportation, supervision, temporary construction ofany nature, and all other services and facilities of any naturewhatsoever necessary to execute, complete, and deliver theWORK within the specified time.

6.2 Materials and equipment shall be so stored as to insure thepreservation of their quality and fitness for the WORK. Storedmaterials and equipment to be incorporated in the WORK shallbe located so as to facilitate prompt inspection.

6.3 Manufactured articles, materials, and equipment shall be applied,

installed, connected, erected, used, cleaned and conditioned asdirected by the manufacturer.

6.4 Materials, supplies and equipment shall be in accordance withsamples submitted by the CONTRACTOR and approved by theENGINEER.

6.5 Materials, supplies or equipment to be incorporated into theWORK shall not be purchased by the CONTRACTOR or theSUBCONTRACTOR subject to a chattel mortgage or under aconditional sales contract or other agreement by which an

interest is retained by the seller.

ARTICLE 7 INSPECTION AND TESTING

7.1 All materials and equipment used in the construction of thePROJECT shall be subject to adequate inspection and testing


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in accordance with generally accepted standard, as required anddefined in the CONTRACT DOCUMENTS.

7.2 The OWNER shall provide all inspection and testing services notrequired by the CONTRACT DOCUMENTS.

7.3 The CONTRACTOR shall provide at his expense the testing andinspection services required by the CONTRACT DOCUMENTS.

7.4 If the CONTRACT DOCUMENTS, laws, ordinances, rules,regulations or orders of any public authority having jurisdictionrequire any WORK to specifically be inspected, tested, orapproved by someone other than the CONTRACTOR, theCONTRACTOR will give the ENGINEER timely notice ofreadiness. The CONTRACTOR will then furnish the ENGINEERthe required certificates of inspection, testing or approval.

7.5 Inspections, tests or approvals by the ENGINEER or othersshall not relieve the CONTRACTOR from his obligations toperform the WORK in accordance with the requirements ofthe CONTRACT DOCUMENTS.

7.6 The ENGINEER and his representative will at all times haveaccess to the WORK. In addition, authorized representativesand agents of any participating Federal or State Agency shallbe permitted to inspect all work, materials, payrolls, records ofpersonnel, invoices of materials, and other relevant data and

records. The CONTRACTOR will provide proper facilities forsuch access and observation, inspection or testing thereof.

7.7 If any WORK is covered contrary to the written instructions of theENGINEER it must, if requested by the ENGINEER, be uncoveredfor his observation and replaced at the contractor's expense.

7.8 If the ENGINEER considers it necessary or advisable that coveredWORK be inspected or tested by others, the CONTRACTOR, atthe ENGINEER'S request, will uncover, expose or otherwise makeavailable for observation, inspection or testing as the ENGINEER

may require, that portion of the WORK in question, furnishing allnecessary labor, materials, tools and equipment. If it is foundthat such WORK is defective, exposure, observation, inspection,testing and reconstruction and an appropriate CHANGE ORDERshall be issued.


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ARTICLE 8 SUBSTITUTIONS - (N/A)

ARTICLE 9 PATENTS

9.1 The CONTRACTOR shall pay all applicable royalties and licensefees. He shall defend all suites or claims for infringement of anypatent rights and save the TOWN harmless from loss on accountthereof, except that the TOWN shall be responsible for such lossunless he promptly gives such information to the ENGINEER.

ARTICLE 10 SURVEYS, PERMITS, REGULATIONS

10.1 Permits and licenses of a temporary nature necessary for theprocessing of the WORK shall be secured and paid for by theCONTRACTOR unless otherwise stated in the SUPPLEMENTALGENERAL CONDITIONS. Permits, licenses and easements forpermanent structures or permanent changes in existing facilitiesshall be secured and paid for by the TOWN, unless otherwisespecified. The CONTRACTOR observes that the CONTRACT

DOCUMENTS are at variance therewith, he shall promptly notifythe ENGINEER in writing, and any necessary changes shall beadjusted as provided in Section 13, CHANGES IN THE WORK.

ARTICLE 11 PROTECTION OF WORK, PROPERTY AND PERSONS

11.1 The CONTRACTOR will be responsible for initiating, maintainingand supervising all safety precautions and programs inconnection with the WORK. He will take all necessaryprecautions and programs in connection with the WORK. Hewill take all necessary precautions for the safety of, and will

provide the necessary protection to prevent damage, injury orloss to all employees on the WORK and other persons who maybe affected thereby, all the WORK and all materials or equipmentto be incorporated therein, whether in storage on off the site, andother property at the site or adjacent thereto, including trees,shrubs, lawns, walks, pavements, roadways, structures andutilities not designated for removal, relocation or replacement inthe course of construction.

11.2 The CONTRACTOR will comply with all applicable laws,ordinances, rules, regulations and orders of any public body

having jurisdiction. He will erect and maintain, as require bythe conditions and progress of the WORK, all necessarysafeguards for safety and protection. He will notify ownersof adjacent utilities when progress of the WORK may affect them.The CONTRACTOR will remedy all damage, injury or loss to anyproperty caused, directly or indirectly, in whole or in part, by


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CONTRACTOR, any SUBCONTRACTOR or anyone directly orindirectly employed by any of them or anyone for whose actsany of them be liable.

11.3 In emergencies affecting the safety of persons or the WORK orproperty at the site or adjacent thereto, the CONTRACTOR,without special instruction or authorization from the ENGINEERor TOWN, shall act to prevent threatened damage, injury or loss.He will give the ENGINEER prompt WRITTEN NOTICE of any

significant changes in the WORK or deviations from theCONTRACT DOCUMENTS caused thereby, and a CHANGEORDER shall thereupon be issued covering the changes anddeviations involved.

ARTICLE 12 SUPERVISION BY CONTRACTOR

12.1 The CONTRACTOR will supervise and direct the WORK. He willbe solely responsible for the means, methods, techniques,sequences and procedures of construction. The CONTRACTORwill employ and maintain on the WORK a qualified supervisor or

superintendent who shall have been designated in writing by theCONTRACTOR as the CONTRACTOR'S representative at the site.The supervisor shall have full authority to act on behalf of theCONTRACTOR and all communications given to the supervisorshall be as binding as if to the CONTRACTOR. The Supervisorshall be present on the site at all times as required to performadequate supervision and coordination of the WORK.

ARTICLE 13 CHANGES IN THE WORK

13.1 The TOWN may at any time, as the need arises, order changes

within the scope of the WORK without invalidating the Agreement.If such changes increase or decrease the amount due under theCONTRACT DOCUMENTS, or in the time required forperformance of the WORK, an equitable adjustment shall beauthorized by CHANGE ORDER.

13.2 The ENGINEER, also, may at any time, by issuing a FIELDORDER, make changes in the details of the WORK. TheCONTRACTOR shall proceed with the performance of anychanges in the WORK so ordered by the ENGINEER unless theCONTRACTOR believes that such FIELD ORDER entitles him toa change in CONTRACT PRICE or TIME, or both, in which eventhe shall give the ENGINEER WRITTEN NOTICE thereof withinseven (7) days after the receipt of the ordered change.Thereafter the CONTRACTOR shall not execute such changespending the receipt of an executed CHANGE ORDER or furtherinstruction from the ENGINEER.


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ARTICLE 14 CHANGES IN CONTRACT PRICE

14.1 The CONTRACT PRICE may be changed only by a CHANGEORDER. The value of any WORK covered by a CHANGE ORDERor of any claim for increase or decrease in the CONTRACT PRICEshall be determined by one or more of the following methods inthe order of precedence listed below:

(a) Unit prices previously approved.(b) An agreed lump sum.(c) The actual cost for labor, direct overhead, materials,

supplies equipment, and other services necessary tocomplete the work. In addition there shall be added anamount to be agreed upon but not to exceed fifteen (15%)percent of the actual cost of the WORK to cover the costof general overhead and profit.

ARTICLE 15 TIME FOR COMPLETION AND LIQUIDATION DAMAGES

15.1 The date of beginning and the time for completion of the WORKare essential conditions of the CONTRACT DOCUMENTS and theWORK embraced shall be commenced on a date specified in theNOTICE TO PROCEED.

15.2 THE CONTRACTOR will proceed with the WORK at such rate ofprogress to insure full completion within the CONTRACT TIME.It is expressly understood and agreed, by and between theCONTRACTOR and the TOWN, that the CONTRACT TIME for thecompletion of the WORK described herein is a reasonable time,taking into consideration the average climatic and economicconditions and other factors prevailing in the locality of the

WORK.

15.3 If the CONTRACTOR fails to complete the WORK within theCONTRACT TIME, or extension of time granted by the TOWN,then the contractor will pay to the TOWN the amount forliquidated damage as specified in the BID for each calendarday that the CONTRACTOR is in default after the timestipulated in the CONTRACT DOCUMENTS.

15.4 The CONTRACTOR shall not be charged with liquidated damagesor any excess cost when the delay in completion of the WORK isdue to the following, and the CONTRACTOR has promptly given

WRITTEN NOTICE of such delay to the ENGINEER.

15.4.1 To any preference, priority or allocation order issued by theEngineer.

15.4.2 To unforeseeable causes beyond the control and without the


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fault or negligence of the CONTRACTOR, including but notrestricted to, acts of God, or of the public enemy, acts of the

TOWN, acts of another CONTRACTOR in the performance ofa contract with the TOWN, fires, floods, epidemics, quarantinerestrictions, strikes, freight embargoes, and abnormal andunforeseeable weather.

15.4.3 To any delays of SUBCONTRACTORS occasioned by any of the

causes specified in paragraphs 15.4.1 and 15.4.2 of this article.

ARTICLE 16 CORRECTION OF WORK

16.1 The CONTRACTOR shall promptly remove from the premises allWORK rejected by the ENGINEER for failure to comply with theCONTRACT DOCUMENTS, whether incorporated in theconstruction or not, and the CONTRACTOR shall promptlyreplace and re-execute the WORK in accordance with theCONTRACT DOCUMENTS and without expense to the TOWNand shall bear the expense of making good all WORK of other

CONTRACTORS destroyed or damaged by such removal orreplacement.

16.2 All removal and replacement WORK shall be done at theCONTRACTOR'S expense. If the CONTRACTOR does nottake action to remove such rejected WORK within ten (10)days after receipt of WRITTEN NOTICE, the TOWN may removesuch WORK and store the materials at the expense of theCONTRACTOR.

ARTICLE 17 SUBSURFACE CONDITIONS

17.1 The CONTRACTOR shall promptly, and before such conditionsare disturbed, except in the event of an emergency, notify theENGINEER by written notice of:

17.1.1 Subsurface or latent physical conditions at the site differingmaterially from those indicated in the CONTRACT DOCUMENTSor

17.1.2 Unknown physical conditions at the site, of an unusual naturediffering materially from those ordinarily encountered and

generally recognized as inherent in WORK of the characterprovided for in the CONTRACT DOCUMENTS.

17.2 The ENGINEER shall promptly investigate the conditions, and ifhe finds that such conditions do so materially differ and cause anincrease or decrease in the cost of, or in the time required for,


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performance of the WORK, an equitable adjustment shall bemade and the CONTRACT DOCUMENTS shall be modified by aCHANGE ORDER. Any claim of the CONTRACTOR foradjustment hereunder shall not be allowed unless he has giventhe required WRITTEN NOTICE: provided that the ENGINEERmay, if he determines the facts so justify, consider and adjust anysuch claims asserted before the date of final payment.

ARTICLE 18 SUSPENSION OF WORK, TERMINATION AND DELAY

18.1 The TOWN may suspend the WORK or any portion thereoffor a period not more than ninety (90) days or such furthertime as agreed upon by the CONTRACTOR which noticeshall fix the date on which WORK shall be resumed. TheCONTRACTOR will be allowed an increase in the CONTRACTPRICE or an extension of the contract time, or both, directlyattributable to any suspension.

18.2 If the CONTRACTOR is adjudged a bankrupt or insolvent, or

if he makes a general assignment for the benefit of his creditors,or if a trustee or receiver is appointed for the CONTRACTOR orfor any of his property, or if he files a petition to take advantageof any debtor's act, or to reorganize under the bankruptcy orapplicable laws, or if he repeatedly fails to make promptpayments to SUBCONTRACTORS or for labor, materials orequipment or if he disregards laws, ordinances, rules, regulationsor orders of any public body having jurisdiction of the WORK orif he disregards the authority of the ENGINEER, or if he other wiseviolates any provision of the CONTRACT DOCUMENTS, then theTOWN may, without prejudice to any other right or remedy and

after giving the CONTRACTOR and his surety a minimum of ten(10) days from delivery of a WRITTEN NOTICE, terminate theservices of the CONTRACTOR and finish possession of thePROJECT and of all materials, equipment, tools, constructionequipment, and all machinery thereon owned by theCONTRACTOR shall not be entitled to receive any furtherpayment until the WORK is finished.If the unpaid balance of the CONTRACT PRICE exceeds the direct andindirect costs of completing the PROJECT, including compensation foradditional professional service, such excess shall be paid tothe CONTRACTOR. If such costs exceed such unpaid balance,

the CONTRACTOR will pay the difference to the TOWN. Suchcosts incurred by the TOWN will be determined by theENGINEER and incorporated in a CHANGE ORDER.

18.3 Where the contractor's services have been so terminated by theTOWN, said termination shall not affect any right of the TOWN


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against the CONTRACTOR then existing or which may thereafteraccrue. Any retention or payment of monies by the TOWN duethe CONTRACTOR will not release the CONTRACTOR fromcompliance with the CONTRACT DOCUMENTS.

18.4 After ten (10) days from delivery of a WRITTEN NOTICE tothe CONTRACTOR and the ENGINEER, the TOWN may,without prejudice to any other right or remedy, elect toabandon the PROJECT and terminate the CONTRACT. In suchcase, the CONTRACTOR shall be paid for all WORK executedand any expense sustained plus reasonable profit.

18.5 If, through no act or fault of the CONTRACTOR, the WORK issuspended for a period of more than ninety (90) days by theTOWN or under an order of court or other public authority, orthe ENGINEER fails to act on any request for payment within

thirty (30) days after it is submitted, or the TOWN fails to pay theCONTRACTOR substantially the sum approved by the ENGINEERor awarded by arbitrators within thirty (30) days after it issubmitted, or the TOWN fails to pay the CONTRACTORsubstantially the sum approved by the ENGINEER or awardedby arbitrators within thirty (30) days of its approval andpresentation, then the CONTRACTOR may, after ten (10) daysfrom delivery of a WRITTEN NOTICE to the ENGINEER, terminatethe CONTRACT and recover from the TOWN payment for allWORK executed and all expenses sustained. In addition and inlieu of terminating the CONTRACT, if the ENGINEER has failed toact on a request for payment or if the TOWN has failed to makeany payment as aforesaid, the CONTRACTOR may upon ten (10)days written notice to the TOWN and the ENGINEER stop theWORK until he has been paid all amounts then due, in whichevent and upon resumption of the WORK, CHANGE ORDERSshall be issued for adjusting the CONTRACT PRICE or extendingthe CONTRACT TIME or both to compensate for the cost anddelays attributable to the stoppage of the WORK.

18.6 If the performance of all or any portion of the WORK issuspended, delayed, or interrupted as a result of a failure ofthe TOWN or ENGINEER to act within the time specified in theCONTRACT DOCUMENTS, or if no time is specified, within areasonable time, an extension of the CONTRACT TIME shall bemade by CHANGE ORDER. Extension of time shall be the Contractor=sexclusive remedy for any delay no matter how or by whom caused.

ARTICLE 19 PAYMENTS TO CONTRACTOR


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an acceptance of portions of the WORK.

19.4 The TOWN shall have the right to enter the premises for thepurpose of doing work not covered by the CONTRACTDOCUMENTS. This provision shall not be constructed asrelieving the CONTRACTOR of the sole responsibility for thecare and protection of the WORK, for the restoration of any

damaged WORK except such as may be caused by agentsor employees of the TOWN.

19.5 Upon completion and acceptance of the WORK, the ENGINEERshall issue a certificate attached to the final payment request that theWORK has been accepted by him, under the conditions of theCONTRACT DOCUMENTS. The entire balance found to be due theCONTRACTOR, including the retained percentages, but except such sumsas may be lawfully retained by the TOWN, shallbe paid to the CONTRACTOR within thirty (30) days of completion andacceptance of the WORK.

19.6 The CONTRACTOR will indemnify and save the TOWN or theTOWN'S agents harmless from all claims growing out of the lawfuldemands of SUBCONTRACTORS, laborers, workmen, mechanics,material men, and furnishers of machinery and parts thereof, equipment,tools, and all supplies, incurred in the furtherance of the performance ofthe WORK. The CONTRACTOR shall, at the town's request, furnishsatisfactory evidence that all obligations of the nature designated abovehave been paid, discharge whereupon payment to the CONTRACTORshall be resumed, in accordance with the terms of the CONTRACTDOCUMENTS, but in no event shall the provisions of this paragraph be

construed to impose any obligations upon the TOWN to either theCONTRACTOR, his surety, or any third party.

In paying any unpaid bills of the CONTRACTOR, any payment so madeby the TOWN shall be considered as a payment made under theCONTRACT DOCUMENTS by the TOWN to the CONTRACTOR andthe TOWN shall not be liable to the CONTRACTOR for any suchpayments made in good faith.

19.7 If the TOWN fails to make payment thirty (30) days after approvalby the ENGINEER, in addition to other remedies available to theCONTRACTOR, there shall be added to each such payment interest at themaximum legal rate commencing on the first day after said payment is dueand continuing until the payment is received by the CONTRACTOR.

ARTICLE 20 ACCEPTANCE OF FINAL PAYMENT AS RELEASE

20.1 The acceptance by the CONTRACTOR of final payments shallbe and shall operate as a release to the TOWN of all claims and all


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liability to the CONTRACTOR other than claims in stated amounts asmay be specifically excepted by the CONTRACTOR for all things done orfurnished in connection with this WORK relating to or arising out of thisWORK. Any payment, however, final or otherwise, shall not release theCONTRACTOR or his sureties from any obligations under the

CONTRACT DOCUMENTS or the PERFORMANCE BONDS.

ARTICLE 21 INSURANCE

21.1 The CONTRACTOR shall purchase and maintain such insuranceas will protect him from claims set forth below which may ariseout of or result from the CONTRACTOR'S execution of the WORK,whether such execution be by himself or by any subcontractor orby anyone for whose acts any of them may be liable.

21.1.1 Claims under worker's compensation, disability benefit and

other similar employee benefit acts;

21.1.2 Claims for damages because of bodily injury, occupationaldisease, or death of any person other than his employees;

21.1.4 Claims for damages insured by usual personal injury liabilitycoverage which are sustained (1) by any person as a result of anoffense directly or indirectly related to the employment of suchperson by the CONTRACTOR, or (2) by any other person; and

21.1.5 Claims for damages because of injury to or destruction oftangible property, including loss of use resulting therefrom.

21.3 The CONTRACTOR shall procure and maintain, at his ownexpense, during the CONTRACT TIME, liability insurance ashereinafter specified;

21.3.1 CONTRACTOR'S General Public Liability and Property DamageInsurance including vehicle coverage issued to the CONTRACTORand protecting him from all claims for personal injury, includingdeath, and all claims for destruction of or damage to property,arising out of or in connection with any operations under theCONTRACT DOCUMENTS, whether such operations be by himself orby any SUBCONTRACTOR under him, or anyone directly or indirectlyemployed by the CONTRACTOR or by any SUBCONTRACTOR underhim, or in connection with any operations under the CONTRACTDOCUMENTS, whether such operations be by himself or by anySUBCONTRACTOR under him, or anyone directly or indirectlyemployed by the CONTRACTOR or by a SUBCONTRACTOR under


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him. Insurance shall be written with a limit liability of not less than$1,000,000 for all damages arising out of bodily injury, including death, atany time resulting therefrom, sustained by any one person in any oneaccident; and a limit of liability of not less than $1,000,000 aggregate forany such damages sustained.

21.3.2 The CONTRACTOR shall acquire and maintain, if applicable, Fireand Extended Coverage Insurance upon the PROJECT to thefull insurable value thereof for the benefit of the TOWN, theCONTRACTOR, and SUBCONTRACTORS as their interest may appear.This provision shall in no way release the CONTRACTORor CONTRACTOR'S surety from obligations under the CONTRACTDOCUMENTS to fully complete the PROJECT.

21.4 The CONTRACTOR shall procure and maintain, at his own

expense, during the CONTRACT TIME, in accordance with theprovisions of Article 101, Annotated Code of Maryland which the work isperformed, Worker's Compensation Insurance, including occupationaldisease provisions, for all of his employees at the site of the PROJECT isnot protected under Worker's Compensation statute, the CONTRACTORshall cause each SUBCONTRACTOR to provide, adequate and suitableinsurance for the protection of his employees not otherwise protected.

21.5 The CONTRACTOR shall secure, if applicable, "All Risk" typeBuilder's Risk Insurance for WORK to be performed. Unlessspecifically authorized by the TOWN, the amount of suchinsurance shall not be less than the CONTRACT PRICE totaled inthe BID. The policy shall cover not less than the losses due tofire, explosion, hail, lightning, vandalism, malicious mischief,wind, collapse, riot, aircraft, and smoke during the CONTRACTTIME, and until the WORK is accepted by the TOWN. The policyshall name as the insured the CONTRACTOR, and the TOWN.

ARTICLE 22 CONTRACT SECURITY

22.1 The CONTRACTOR shall within fourteen (14) days after thereceipt of the NOTICE OF AWARD furnish the TOWN with aPerformance Bond and a Payment Bond in penal sums equal to the amountof the CONTRACT PRICE, conditioned upon the performance by theCONTRACTOR of all undertakings, covenants, terms, conditions andagreements of the CONTRACT DOCUMENTS, and upon the promptpayment by the CONTRACTOR to all persons supplying labor andmaterials in the prosecution of the WORK provided by the CONTRACTDOCUMENTS. Such BONDS shall be executed by the CONTRACTOR


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and corporate bonding company licensed to transact such business in thestate in which the WORK is to be performed and named on the current listof "Surety Companies Acceptable on Federal Bonds" as published in theCircular Number 570. The expense of these BONDS shall be borne by theContractor. If at any time a surety on any such BOND is declared abankrupt or loses its right to do business in the State of Maryland OR ISREMOVED FROM THE LIST OF SURETY COMPANIES ACCEPTEDON FEDERAL Bonds, CONTRACTOR shall within ten (10) days afternotice from the TOWN TO DO SO, SUBSTITUTE AN ACCEPTABLEbond (or bonds) in such form and sum and signed by such other surety orsureties as may be satisfactory to the TOWN.

ARTICLE 23 ASSIGNMENTS

23.1 Neither the CONTRACTOR nor the TOWN shall sell, transfer,assign or otherwise dispose of the Contract or any portionthereof, or of his right, title or interest therein, or his obligationsthereunder, without written consent of the other party.

ARTICLE 24 INDEMNIFICATION

24.1 The CONTRACTOR will indemnify and hold harmless the TOWNand the ENGINEER and their agents and employees from andagainst all claims, damages, losses and expenses includingattorney's fees arising out of or resulting from the performanceof the WORK, provided that any such claims, damage, loss or expense isattributable to bodily injury, sickness, disease or death, or to injury to ordestruction of tangible property including the loss of use resultingtherefrom; and caused in whole or in part by any negligent or willful act oromission of the CONTRACTOR, and SUBCONTRACTOR, anyone

directly or indirectly employed by any of them, or anyone for whose actsany of them may be liable, the indemnification obligation shall not belimited in any way by any limitation on the amount or type of damages,compensation or benefits payable by or for the CONTRACTOR or anySUBCONTRACTOR under workmen's compensation acts, disabilitybenefit acts or other employee benefits acts.

ARTICLE 25 SEPARATE CONTRACTS

25.1 The TOWN reserves the right to let other contracts in connectionwith this PROJECT. The CONTRACTOR shall afford other

CONTRACTORS reasonable opportunity for the introduction and storageof their materials and the execution of their WORK, and shall properlyconnect and coordinate his WORK of any other CONTRACTOR, theCONTRACTOR shall inspect and promptly report to the ENGINEER anydefects in such WORK that render it unsuitable for such proper executionand results.


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25.2 The TOWN may perform additional WORK related to thePROJECT by itself, or it may let other contracts containing provisions

similar to these. The CONTRACTOR will afford the CONTRACTORSwho are parties to such Contracts (or the TOWN, if it is performing theadditional WORK itself), reasonable opportunity for the introduction andstorage of materials and equipment and the execution of WORK, and shallproperly connect and coordinate his WORK with theirs.

25.3 If the performance of additional WORK by other CONTRACTORSor the TOWN is not noted in the CONTRACT DOCUMENTS priorto the execution of the CONTRACT, written notice thereof shallbe given to the CONTRACTOR prior to starting any such additionalWORK. If the CONTRACTOR believes that the performance of such

additional WORK by the TOWN or others involves him in additionalexpense or entitles him to an extension of the CONTRACT TIME, he maymake a claim therefore as provided in Sections 14 and 15.

ARTICLE 26 SUBCONTRACTING

26.1 The CONTRACTOR may utilize the services of specialtySUBCONTRACTORS on those parts of the WORK which, undernormal contracting practices, are performed by specialtySUBCONTRACTORS.

26.2 The CONTRACTOR shall not award WORK toSUBCONTRACTOR(S), in excess of fifty (50%) percent of theCONTRACT PRICE, without prior written approval of theENGINEER.

26.3 The CONTRACTOR shall be fully responsible to the TOWN for theacts and omissions of his SUBCONTRACTORS, and of personseither directly or indirectly employed by them, as he is for theacts and omissions of persons directly employed by him.

26.4 The CONTRACTOR shall cause appropriate provisions to beinserted in all subcontracts relative to the WORK to bindSUBCONTRACTORS to the CONTRACTOR by the terms of theCONTRACT DOCUMENTS insofar as applicable to the WORK ofSUBCONTRACTORS and to give the CONTRACTOR the same poweras regards terminating any subcontract that the TOWN may exercise overthe CONTRACTOR under any provision of the CONTRACTDOCUMENTS.


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26.5 Nothing contained in this CONTRACT shall create any contractualrelation between any SUBCONTRACTOR and the TOWN.

ARTICLE 27 ENGINEER'S AUTHORITY

27.1 The ENGINEER shall act as the TOWN'S representative during theconstruction period. He shall decide questions which may arise as toquality and acceptability of materials furnished and WORK performed.He shall interpret the intent of the CONTRACT DOCUMENTS in a fairand unbiased manner. The ENGINEER will make visits to the site anddetermine if the WORK is proceeding in accordance with theCONTRACT DOCUMENTS.

27.2 The CONTRACTOR will be held strictly to the intent of theCONTRACT DOCUMENTS in regard to the quality of materials,workmanship and execution of the WORK. Inspections may bemade at the factory or fabrication plant of the source of materialsupply.

27.3 The ENGINEER will not be responsible for the constructionmeans, controls, techniques, sequences, procedures, orconstruction safety.

27.4 The ENGINEER shall promptly make decisions relative tointerpretation of the CONTRACT DOCUMENTS.

ARTICLE 28 LAND AND RIGHTS-OF-WAY

28.1 Prior to issuance of NOTICE TO PROCEED, the TOWN shallobtain all land and rights-of-way necessary for carrying out and

for the completion of the WORK to be performed pursuant to theCONTRACT DOCUMENTS, unless otherwise mutually agreed.

28.2 The TOWN shall provide to the CONTRACTOR information whichdelineates and describes the lands owned and rights-of-wayacquired.

28.3 The CONTRACTOR shall provide at his own expense and withoutliability to the TOWN any additional land and access thereto thatthe CONTRACTOR may desire for temporary constructionfacilities, or for storage of materials.

ARTICLE 29 GUARANTY

29.1 The CONTRACTOR shall, unless otherwise indicated, guaranteeall materials and equipment furnished and WORK performed for a periodof one (1) year from the date of SUBSTANTIAL COMPLETION. The


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CONTRACTOR warrants and guarantees for a period of one (1) year fromthe date of SUBSTANTIAL COMPLETION of the system that thecompleted system is free from all defects due to faulty materials orworkmanship and the CONTRACTOR shall promptly make suchcorrections as may be necessary by reason of such defects. The TOWN

will give notice of observed defects with reasonable promptness.In the event that the CONTRACTOR should fail to make such repairs,adjustments, or other WORK that may be made necessary by such defects,the TOWN may do so and charge the CONTRACTOR the cost therebyincurred.


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SUPPLEMENTAL GENERAL CONDITIONS

SGC-1 GENERAL

These specifications are part of the Town's Contract. All instructions herein apply to the

Contractor and his subcontractors unless otherwise indicated. Before beginning any work theContractor shall consult with the Engineer as to proper excavating and grading, soil compaction,demolition, if any, and all other phases of carrying on and expediting construction. Beforesubmitting a bid the Contractor shall satisfy himself as to the nature and location of the work,conformation of the ground, materials, tools, equipment and other facilities required before andduring the work, as well as general and local conditions which can affect the work. The Townwill not honor any "extras" for this work. The Contractor shall notify the Engineer, 24 hours inadvance, of any work to be conducted at times other than the standard workday. The Engineershall approve or disapprove said work during other than the standard workday.

SGC-2 DRAWINGS AND SPECIFICATIONS

Specifications are to be used in conjunction with the drawings. Contractor shall checkthe drawings for items which are included in the work. Where variations exist between thespecifications and drawings the Contractor shall contact the Engineer for a ruling. Work ormaterials required which are not directly or indirectly denoted in the drawings and/orspecifications, but which, in the opinion of the Engineer, are nevertheless necessary for theproper completion of the job, shall be performed and furnished by the Contractor as fully as ifparticularly denoted. The Contractor shall promptly call to the attention of the Engineer anyapparent contradiction or ambiguities between the drawings and specifications or otherdocuments furnished by the Town or prepared by the Contractor or his subcontractorsspecifically for the work, shall become the sole property of the Town and they shall be returned

to the Engineer at completion of the work. Checking and approval by the Engineer shall notrelieve the Contractor of any responsibility for errors, omissions or discrepancies on shopdrawings.

SGC-3 SAFETY

The Contractor shall observe and abide by all safety and fire regulations of the Town. Itshall be the full responsibility of the Contractor to maintain a safe work environment as well asensure the safety of the public as pertaining to this work. No part of a structure shall be loadedin excess of design load. All open holes, trenches, excavations and obstacles shall be barricadedduring non-working hours and lighted at night, to ensure the public safety.

SGC-4 OTHER WORK BY THE TOWN

The Town may, at any time, employ others in maintaining or altering existing facilitiesand equipment in any other work at the job site. The respective rights of the various interests


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involved shall be established by the ENGINEER.SGC-5 SURVEYS

Contractor shall be responsible for the accuracy of all lines and grades for all parts of theWork. Contractor shall do all field work necessary to lay out and maintain the Work. Checking

by the Engineer of the accuracy of the contractor's work will not relieve the Contractor of hisresponsibility for its correctness.

SGC-6 TEMPORARY SERVICES

The Contractor shall pay for all fuel, electric current and water required for constructionpurposes. He shall also provide a temporary toilet in a location directed by the Engineer, for useby construction personnel.

SGC-7 CLEAN-UP

The Contractor shall keep the work site and adjoining premises, driveways, walks andstreets clean of rubbish. The Contractor shall dispose of all rubbish, waste and excess material ina manner satisfactory to the Engineer. Upon completion of the work, the contractor shall cleanup the site and leave all construction broom clean, and all fixtures and equipment clean, washedand in usable condition.

SGC-8 COMMUNICATION

If Contractor or sub-contractors employ, on the job site, employees who are unable tocommunicate by English language, Contractor shall have on the job site, available during allworking hours, a supervisor or foreman who can translate for purposes of communication withOwners representatives.

SGC-9 UNDOCUMENTED WORKERS

Contractor hereby certifies that its hiring practices, at all times, comply with Federalstatutes, rules and regulations relative to hiring of undocumented workers and illegal aliens.


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PAYMENT BOND AND PERFORMANCE BOND

Prospective bidders are to provide a Payment Bond and a Performance Bondusing AIA Document A312.

P:Tom/ Outdoor Exercise & Fitness Area 2012/Outdoor Exercise Area Project 2012 Contract Sedtion


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Request for Proposals

Northside Park Outdoor Exercise Area

Specifications and Drawings

1. Intent and Scope of Work

The Town of Ocean City Recreation and Parks Department is requestingproposals from contractors for the construction of an outdoor exercise area atNorthside Park consisting of a concrete slab, concrete walkway, poured in placerubber surfacing over the concrete pad, installation of exercise stations, and ashade structure system over the concrete slabs and site furniture. The contractorshall provide all labor, materials and equipment to perform all the work for the

complete construction of the outdoor exercises area as shown in these drawingsand specifications.

2. Cast-In-Place Concrete

2.1 Related DocumentsA. Drawings and general provisions of the Contract, including General

and Supplementary Conditions and Division 1 Specification Sections,apply to this Section.

2.2 Summary

A. This Section specifies cast-in-place concrete, including formwork,reinforcement, concrete materials, mix design, placement procedures,and finishes.

2.3 Steel ReinforcementA. Reinforcing Bars: ASTM A 615/A 615M, Grade 60 (Grade 420),

deformed.

B. Plain-Steel Wire: ASTM A 82, as drawn.

C. Deformed-Steel Wire: ASTM A 496.

2.4 Reinforcement AccessoriesA. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing,

supporting, and fastening reinforcing bars and welded wire fabric inplace. Manufacture bar supports according to CRSIs Manual ofStandard Practice from steel wire, plastic, or precast concrete or fiber-reinforced concrete of greater compressive strength than concrete.


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2.5 Concrete MaterialsA. Portland Cement: ASTM C 150, Type I.

B. Normal-Weight Aggregate: ASTM C 33, uniformly graded, and asfollows:

1. Class: Moderate weathering region, but not less than 3M.

1. Nominal Maximum Aggregate Size: 1 inch (25mm).

2. Combined Aggregate Gradation: Well graded from coarsest tofinest with not more than 18 percent and not less than 8 percentretained on an individual sieve, except that less than 8 percent maybe retained on coarsest sieve and on No. 50 (0.3-mm) sieve, andless than 8 percent may be retained on sieves finer than No. 50(0.3mm).

C. Water: Potable and complying with ASTM C 94.

2.6 Admixtures

A. General: Admixtures certified by manufacturer to contain not morethan 0.1 percent water-soluble chloride ions by mass of cementitiousmaterial and to be compatible with other admixtures and cementitiousmaterials. Do not use admixtures containing calcium chloride.

B. Air-Entraining Admixture: ASTM c 260.

C. Water-Reducing Admixture: ASTM C 494, Type A.

2.7 Vapor Retarders

A. Vapor Retarder: ASTM E 1745, Class C, of one of the followingmaterials; or polyethylene sheet, ASTM D 4397, not less than 6 mils(0.25 mm) thick:

1. Nonwoven, polyester-reinforced, polyethylene coated sheet; 6 mils(0.25 mm) thick.

2. Three-ply, nylon- or polyester-cord-reinforced, laminated, high-density polyethylene sheet; 7.8 mils (0.18 mm) thick.

2.8 Floor and Slab Treatments

A. Penetrating Liquid Floor Treatment: Chemically reactive, waterbornesolution of inorganic silicate or siliconate materials and proprietary


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components; odorless, colorless; that penetrates, hardens, and densifiesconcrete surfaces.

2.9 Curing Materials

A. Evaporation Retarder: Waterborne, monomolecular film forming,manufactured for application to fresh concrete.

B. Absorptive Cover: AASHTO M 182, Class2, burlap cloth made fromjute or kenaf, weighing approximately 9-oz./sq. yd. (305 g/sq. m) dry.

C. Moisture-Retaining Cover: ASTM C 171, polyethylene film or whiteburlap-polyethylene sheet.

D. Water: Potable

2.10 Related Materials

A. Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber,or ASTM D 1752, cork or self-expanding cork.

B. Epoxy Joint Filler: Two-component, semirigid, 100 percent solids,epoxy resin with a Shore A hardness of 80 per ASTM D 2240.

C. Bonding Agent: ASTM C 1059, Type II, non-redispersible, acrylicemulsion or styrene butadiene.

2.11 Concrete Mixes

A. Slab-on-Grade: Proportion normal-weight concrete mix as follows:1. Compressive Strength (28 days): 3500 psi (20.7 Mpa).2. Maximum Slump: 5 inches (125 mm).

B. Cementitious Materials: For concrete exposed to deicers, limitpercentage, by weight, of cementitious materials other then Portlandcement according to ACI 301 requirements.

C. Air Content: Add air-entraining admixture at manufacturersprescribed rate to result in concrete at point of placement having an aircontent of 2 to 4 percent, unless otherwise indicated

D. Limit water-soluble, chloride-ion content in hardened concrete to 0.15percent by weight of cement.

E. Admixtures: Use admixtures according to manufacturers writteninstructions.


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1. Use water-reducing admixture or high-range water-reducingadmixture (superplasticizer) in concrete, as required, for placementand workability.

2.12 Formwork

A. Design, erect, shore, brace, and maintain formwork, according to ACI301, to support vertical, lateral, static, and dynamic loads, andconstruction loads that might be applied until concrete structure cansupport such loads.

2.13 Embedded Items

A. Place and secure anchorage devices and other embedded itemsrequired for adjoining work that is attached to or supported by cast-in-place concrete. Use Setting Drawings, templates, diagrams,

instructions, and directions furnished with items to be embedded.

1. Install anchor bolts, accurately located, to elevations required.

2.14 Finishing Formed SurfacesA. Smooth-Formed Finish: As-cast concrete texture imparted by form-

Facing material, arranged in an orderly and symmetrical manner witha minimum of seams. Repair and patch tie holes and defective areas.Remove fins and other projections exceeding 1/8 inch (3 mm) inheight.

1. Apply to concrete surfaces exposed to public view or to be coveredwith coating or covering material applied directly to concrete, suchas waterproofing, dampproofing, veneer plaster, or painting.

B. Related Unformed Surfaces: At tops of walls, horizontal offsets, andSimilar unformed surfaces adjacent to formed surfaces, strike offSmooth and finish with a texture matching adjacent formed surfaces.Continue final surface treatment of formed surfaces uniformly acrossAdjacent unformed surfaces, unless otherwise indicated.

2.15 Finishing Floors and Slabs

A. General: Comply with recommendations in ACI 302.1R for screeding,restraightening, and finishing operations for concrete surfaces. Donot wet concrete surfaces.

B. Exterior Surfaces: Standard broom finish.

2.16 Miscellaneous Concrete Items


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3.4 Preparation

A. Scheduling: The recycled poured rubber surfacing shall be installedafter the exercise equipment is installed and after the subsurface isready to receive surface. The temperature should be at least 40

degrees and rising during installation of surface.

B. Cleaning: The entire subsurface shall be clean, dry and free from anyforeign and loose material.

3.5 Installation

A. Thickness: Total depth of the surface shall be as specified as one-halfinch (1/2).

B. Wear Course: The wear course material shall be composed of

EPDM granular rubber only. The wear course will have a minimumweight of 2.2 pounds per square foot. The wear course will be pouredin place by means of screening and hand-trowelled to maintain aseamless application. All rubber shall remain consistent in gradationand size.

C. Edges: Surface edges shall be tapered to provide safe transition.Surface shall be sloped to drain as indicated in plans.

3.6 Protection

Surface installation crew shall be responsible for the protection of surfaceduring the installation process while on site only. The general contractorshall be responsible for the protection of the surface during the curingperiod upon completion of the installation and overnight during theinstallation.

3.7 Physical Properties

Tensile Strength (ASTM D412) 60 PSI, minimumElongation at Break (ASTM D412) 140%, minimumFlammability (ASTM D2859) PassCoefficient of Friction (ASTM D204)Wet 0.9, minimumDry 1.0, minimumWater permeability 0.4 gal/sq. yd./sec., minimum

3.8 Color Blend50% color and 50% black. Color to be selected by the Engineer.

3.9 InstallationInstallation shall be performed by the manufacturers technically trained


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and approved specialists.

3.10 WarrantyThe recycled poured rubber shall be warranted against defects in materialsand workmanship for five years.

3.11 Concrete Base

A. The concrete base shall be a minimum of 4 thickness with a slope ofat least per foot.

B. Concrete must maintain a tolerance of 1/8 in 10 to avoid low areasthat will hold water under the recycled poured rubber surfacing. Theslab contractor shall be responsible for flooding all slabs to insureproper slope and tolerance and to avoid delay charges. Any areasholding enough water to cover a flat nickel shall be patched prior to

arrival of installation crews.

C. All new concrete slabs must cure for a minimum of seven (7) daysprior to installation of recycled poured rubber surfacing.

D. Concrete should be finished with a medium broom finish.

E. It shall be necessary for all work in and around the concrete base to becompleted prior to the arrival of installation crews, fencing, tile pavers,walls, etc.

F. No equipment is to be installed directly on the recycled poured rubbersurfacing.

4. Pre-Engineered Shade Structure

4.1 SummaryA. The shade structure contractor shall be responsible for the design,engineering, fabrication, supply and installation of the work specifiedherein. The structure shall include one 20 foot by 20 foot square peakshade structure and one 40 foot multi-panel hexagonal shade structure.The intent of this specification is to have only one contractor beresponsible for the above functions.

4.2 Project Conditions

A. Field Measurements: The awarded contractor shall verify layoutinformation for shade structures shown on the drawings in relation to the


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property survey and existing structures, and verify locations by fieldmeasurements prior to construction.

4.3 Warranty

A. The successful bidder shall provide a one (1) year warranty on alllabor and materials.

B. A supplemental warranty from the manufacturer shall be provided fora period of ten (10) years (pro-rated) on fabric and ten (10) years onthe structural integrity of the steel, from the date of substantialcompletion.

C. The warranty shall not deprive the Owner of other rights the Ownermay have under the provisions of the Contract Documents, and will bein addition to, and run concurrent with other warranties made by the

Contractor under requirements of the Contract Documents.

D. Because of surety requirements, any performance and payment bondthat might be required will cover only the first year of the warranty.The manufacturers warranty will be a separate document between theContractor and the Owner, and will be executed at the time ofcompletion of the work.

4.4 Pre-Engineered Package:

The proposed structure(s) shall be modular and pre-fabricated and includethe structural steel frame, fabric roof, steel cables, all fasteners andinstallation of structure(s), including foundations.

A. All shade structures shall be engineered and designed to meet thefollowing loads, but is also dependent on the geographic location ofthe installation.

Wind Speed (Frame only): 150mphWind Speed (Frame with fabric): 90mph

B. IBC (International Building Code) requirements shall be:

IBC 2009

90mph wind load

5psf snow load

5psf live load

C. Steel


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prior to solvent cleaning, and prior to surface preparation, shall beexecuted according to Power Tool Cleaning SSPC-SP3, andutilizing wire brushes, abrasive wheels, needle gun, etc.

2. Carbon structural steel tubing preparation prior to powder coating

shall be executed in accordance to commercial blast cleaningSSPC-SP6 or NACE #3. A commercial blast-cleaned surface,when viewed without magnification, shall be free of all visible oil,grease, dirt, mill scale, rust, coating, oxides, corrosion as well asother products or foreign material.

3. Powder coating shall be sufficiently applied with a minimum of3 mils thickness and cured at the recommended temperature toprovide proper adhesion and stability to meet salt-spray andadhesion tests, as defined by ASTM international, formerly knownas the American Society for Testing and Materials.

4. Powder used in the powder coat process shall have the followingcharacteristics:

a. Specific gravity: 1.68 +/- 0.05b. Theoretical coverage: 114 +/- 4ft/lb/milc. Mass loss during cure:


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B. Fire testing. Fabric shall conform to, and pass the ASTME-84 testing standard, as well as the NFPA701 Test Method2 standard.

C. Fabric Properties:

Life Expectancy - 8 year minimum with continuoussun exposure

Fading Minimal after 5 years (3 years for red)

Stretch Stentored

Tear Tests Warp, 220.5 lbs / Weft, 462,9707 lbs

Burst Tests 37.7 (psia)

Fabric Mass 2.43 ~ 2.58 oz/sq. ft (190 ~ 200 gsm)

Fabric Width 9.8425 feet (3 meters)

Roll Length 164.04 feet (50 meters)

Roll Dimensions 62.99 x 16.5354 (160cm x 42cm) Roll Weight + 66lbs (+ 30kg)

Minimum Temperature -13 F (-25 C)

Maximum Temperature +176 F (80 C)

2. Stitching and Thread

A. All sewing threads are to be double-stitched, with nosewing/stitching allowed on-site.

B. Thread shall be manufactured from 100% expandedpolytetrafluoroethylene (PTFE). This mildew resistant exteriorapproved thread shall meet or exceed the following:

Flexible temperature gauge

Very low shrinkage factor

Extremely high strength; durable in outdoor climates

Resists flex and abrasion of fabric

Unaffected by cleaning agents, as well as acid rain, mildew,saltwater

Rot resistant and unaffected by most industrial pollutants


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A. Installations of shade structures shall be performed by contractorswho shall be licensed and bonded and must comply withmanufacturers instructions for assembly, installation anderection, per approved drawings.

B. Anchor Bolts

1. All anchor bolts to be set in new concrete, shall be ASTMF-1554, Grade 55.

2. All anchor bolts shall be hot-dip galvanized.

3. Footings shall be placed in accordance with and conform tomanufacturers engineered drawings and specifications.

5. Exercise Equipment

5.1 Work Included. This work includes furnishing and installing nine (9)pieces of TriActive America exercise equipment or equal as follows:

One (1) E-Line Elliptical Cross Trainer

One (1) E-Line Pull Up & Dip Station

One (1) E-Line Double Leg Press

One (1) E-Line Seated Lat Pull

One (1) E-Line Sit Up Board

One (1) E-Line Air Walker

One (1) E-Line Back Extension

One (1) E-Line Rowing Machine One (1) E-Line Seated Chest Pull

5.2 Steel Fabrication shall be:

A. Recycled steel 6-33% pre-consumer content and 25-50%post-consumer content.

B. Steel tubes 1.25 OD thru 5 OD, 1.5 x 1.5 thru 4 x 4square and rectangle tubes with 0.120 wall thickness or

greater. ASTM A500 Grade B tubes and A53 Schedule 40 pipe

C. Plate size from 10ga. (0.135) to thick.

ASTM A36

D. Gas metal arc-welding.


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B. Stainless steel hardware including anti-theft fasteners:

Anti-Theft Screws:

Dimensions: ASME B18.3, with 6 lobe tamper-resistant

drive style. Material & Mechanical Properties: 18-8 stainless steel,

Alloy Condition AF, ASTM F879.

C. Rubber handgrips (made in USA).

D. Hot dip galvanized x 10 foundation anchor bolts.

Material & Mechanical Properties: ASTM A36

Galvanization: ASTM A153

E. Plastic safety caps to cover hardware.

F. Anti-skid adhesive tape for foot surfaces

Meets or exceeds OSHA 1910.24 and 1910.26.

G. Two (2) year warranty for all of the above components.

5.5 Installation shall be as prescribed on the site drawings included withthese specifications.

6. Site Furniture

6.1 General: The contractor shall provide and install six (6) benches asdescribed in the attached drawing. The benches shall be six (6) feetin length.

6.2 Frames: Shall be formed of 2 3/8 O.D. galvanized steel pipe,including long streamlined leg which is electrically-welded to thecontour frame. Exposed open ends of frame shall be capped.Quantity of three frames per bench.

6.3 Seat and Back: The seat and back shall be 2 x 4 x 6 (nominal)Trex Lumber. Slats shall be pre-drilled and hardware provided.Hidden fasteners shall be used where text is routed in bench slat.


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28 character spaces available for engraving on slats. Two slats canbe engraved.

6.4 Finish: Frames shall have a powder coat finish.

6.5 Hardware: All nuts, bolts, screws, inserts and lock washers shall bestainless steel, yellow dichromate plated steel, blue-coat platedsteel, mechanically galvanized. All primary fasteners shall be 300series stainless steel. Fasteners with yellow dichromate treatmenthave an electro-deposited, 99.9% pure zinc substrate applied from aspecially formulated solution sealed with a yellow dichromate topcoat designed to work in conjunction with the zinc plating. Yellowdichromate has a 320% longer life to white corrosion and 275%longer to red corrosion than does hot-dip galvanizing.

7. Site Inspection

Prospective bidders are encouraged to visit and inspect the site prior tosubmitting the proposal. A tour of the site can be arranged by contactingthe Parks Superintendent at (410) 520-5403 extension 5188.

8. Qualifications

8.1 The bidder shall provide a statement with the submission of theirproposal indicating their ability and expertise in installing this typeof project. Bidders shall provide 3 references from previous clientsat least one of which shall be within 100 miles of Ocean City.

8.2 A list of personnel or sub-contractors who will actually perform thework along with resumes of the construction site supervisors shallbe provided. The qualifications and references of the bidder andtheir sub-contractors will be taken into consideration whenproposals are evaluated.

9. Terms and Conditions

9.1 The Town reserves the right to request clarification of informationsubmitted and to request additional information from one or morebidders.

9.2 The bidder shall submit all supporting documentation, productliterature, surfacing specifications, exercise equipment and shadestructure drawings and compliance certificates at the submission ofthe proposal.

9.3 If, through any cause, the selected contractor shall fail to fulfill in atimely and proper manner the obligations agreed to, the Town shall


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P:Tom/Outdoor Exercise Area 2012/NSP Outdoor Exercise Area Project 2012 Specifications


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VENDOR BID

ADS

5507 Sagra road

Baltimore, MD 21239-3311Atlantic Tactical

772 Corporate CircleNew Cumberland, Pennsylvania 17070

800-781-2677

Aramark56 North Pine Street

Seaford, DE 19973

Bicycle Patrol Outfitters LLC

2816 Lime Avenue

Fullerton, CA 92835

Blauer Manufacturing Co., Inc.10355 Crossbeam CircleColumbia, Maryland 21044

Attn: Joel Shaivitz

410-992-9529

Boundtree Medical

5000 Tuttle Crossing

Dublin, OH 43016

Attn: Andrew Love

Collinson Enterprises2127 Espey Court

Crofton, Maryland 21114Attn: Budge Collinson

800-622-9619

F & F & A Jacobs and Sons, Inc.1100 Wicomico Street

Baltimore, Maryland 21230

Attn: Robert Friedlander, President

410-727-6397

G & K Services415 Harrington Street

Seaford, DE 19973

Graves Uniforms102 Savannah RoadLewes, Delaware 19958

Attn: William J. Esham III305-645-7771

Irvin H. Hahn Co.

1830R Worcester StreetBaltimore, MD 21230

Uniform Bids


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Office of the City Manager

P.O. Box