Invitation No.: EKU 14‐21 Eastern Kentucky University 521 Lancaster Avenue Richmond, KY 40475 EKU Bypass Pedway THIS IS NOT AN ORDER Non‐Mandatory Pre‐Bid Conference: June 30, 2020 2:00PM EST beginning in the Keene Hall parking lot Bid Opening: July 14, 2020 2:00PM EST, Commonwealth Building Eastern Kentucky University (EKU) hereby requests sealed bids for the materials, supplies, equipment or services set forth herein, subject to all conditions outlined in this Bid Package, including : Invitation to Bid .......................................................................................................................................... 1 EKU General Terms and Conditions ................................................................................................. 26 Project Specifications ....................................................................................................................... 61
Project Drawings. ............................................................................................................................ 152 Note: If you require a larger format set of plans, you may download them from our website at
http://purchasing.eku.edu/solicitations The University’s General Terms and Conditions and Instructions to Bidders, viewable at
https://purchasing.eku.edu/terms‐and‐conditions, apply to this Invitation to Bid (ITB). Eastern Kentucky University EKU Invitation to Bid Bid No: EKU 14-21 Issue Date: 6/11/2020 Purchasing Officer: Gary Burns Phone: 859-622-7125 Return Original Copy of Bid To: Eastern Kentucky University University Procurement 521 Lancaster Ave. Room 1411, Commonwealth Bldg. Project Name: EKU Bypass Pedway Richmond, KY 40475 IMPORTANT: BIDS MUST BE RECEIVED BY: July 14, 2020 2:00PM EST Bids for competitive negotiation shall not be subject to public inspection until negotiations between the purchasing agency and all Offerors have been concluded and a contract awarded to the responsible offeror submitting the proposal determined in writing to be the most advantageous to the University, price and the evaluation factors set forth in the advertisement and solicitations for proposals will be considered. An award of contract may be made upon the basis of the initial written proposals received without written or oral discussions. Contracts resulting from this Bid must be governed by and in accordance with the laws of the Commonwealth of Kentucky. The University reserves the right to request proposal amendments or modifications after the bid receiving date. THE TERMS AND CONDITIONS OF THIS INVITATION TO BID INCLUDE ALL GENERAL CONDITIONS, AS SET FORTH BY EASTERN KENTUCKY UNIVERSITY, PLUS ANY SPECIAL CONDITIONS ENUMERATED HEREIN. NOTICE Any agreement or collusion among Offerors or prospective Offerors, which restrains, tends to restrain, or is reasonably calculated to restrain competition by agreement to bid at a fixed price or to refrain from offering, or otherwise, is prohibited. Any person who violates any provisions of KRS 45A.325 shall be guilty of a felony and shall be punished by a fine of not less than five thousand dollars nor more than ten thousand dollars, or be imprisoned not less than one year nor more than five years, or both such fine and imprisonment. Any firm, corporation, or association who violates any of the provisions of KRS 45A.325 shall, upon conviction, may be fined not less than ten thousand dollars or more than twenty thousand dollars. AUTHENTICATION OF BID AND STATEMENT OF NON-COLLUSION AND NON-CONFLICT OF INTEREST I hereby swear (or affirm) under the penalty for false swearing as provided by KRS 523.040: That I am the offeror (if the offeror is an individual), a partner, (if the offeror is a partnership), or an officer or employee of the bidding corporation having authority to sign on its behalf (if the offeror is a corporation); That the attached proposal has been arrived at by the offeror independently and has been submitted without collusion with, and without any agreement, understanding or planned common course of action with, any other Contractor of materials, supplies, equipment or services described in the Request for Proposal, designed to limit independent bidding or competition; That the contents of the proposal have not been communicated by the offeror or its employees or agents to any person not an employee or agent of the offeror or its surety on any bond furnished with the proposal and will not be communicated to any such person prior to the official closing of the RFP: That the offeror is legally entitled to enter into contracts with the Eastern Kentucky University and is not in violation of any prohibited conflict of interest, including those prohibited by the provisions of KRS 45A.330 to .340, 164.390, and That I have fully informed myself regarding the accuracy of the statement made above. SWORN STATEMENT OF COMPLIANCE WITH CAMPAIGN FINANCE LAWS In accordance with KRS45A.110 (2), the undersigned hereby swears under penalty of perjury that he/she has not knowingly violated any provision of the campaign finance laws of the Commonwealth of Kentucky and that the award of a contract to a bidder will not violate any provision of the campaign finance laws of the Commonwealth of Kentucky. CONTRACTOR REPORT OF PRIOR VIOLATIONS OF KRS CHAPTERS 136, 139, 141, 337, 338, 341 & 342 The Contractor by signing and submitting a proposal agrees as required by 45A.485 to submit final determinations of any violations of the provisions of KRS Chapters 136, 139, 141, 337, 338, 341 and 342 that have occurred in the previous five (5) years prior to the award of a contract and agrees to remain in continuous compliance with the provisions of the statutes during the duration of any contract that may be established. Final determinations of violations of these statutes must be provided to the University by the successful Contractor prior to the award of a contract. CERTIFICATION OF NON-SEGREGATED FACILITIES The Contractor, by submitting a proposal, certifies that he/she is in compliance with the Code of Federal Regulations, No. 41 CFR 60-1.8(b) that prohibits the maintaining of segregated facilities. TOBACCO FREE ZONE POLICY The Offeror, by signing and submitting a Proposal, agrees to comply with the University’s Tobacco Free Zone Policy.
http://policies.eku.edu/sites/policies.eku.edu/files/policies/tobacco-free_policy_bor_41414.pdf STAINABILITY POLICY The University is committed to reducing the adverse environmental impact of its purchasing decisions; it is committed to buying goods and services from contractors who share its environmental concern and commitment. The University encourages bidders to include in their responses economical and environmentally friendly products and service options that serve to minimize waste, reduce excess packing, recycle, reduce, reuse, prevent pollution, and/or offer resource efficiency. It’s the University’s goal to maximize environmental responsibility on its campuses. SIGNATURE REQUIRED: This proposal cannot be considered valid unless signed and dated by an authorized agent of the Offeror. Type or print the signatory's name, title, address, phone number and fax number in the spaces provided. Offers signed by an agent are to be accompanied by evidence of his/her authority unless such evidence has been previously furnished to the issuing office. Company Name: Authorized Signature: Address: Typed or Printed Name: City, State, Zip: Title: Phone No: Federal ID No: Fax: Date: 8 BID FORMS 1 BID FORMS EASTERN KENTUCKY UNIVERSITY DIVISION OF PURCHASES & STORES RICHMOND, KY THIS IS NOT AN ORDER INVITATION NUMBER: EKU 14‐21 PROJECT: EKU Bypass Pedway PURCHASING INSTRUCTIONS TO BIDDERS 1. Bids must be received in the Division of Purchases and Stores, Commonwealth Building, Room 1411, Richmond, KY in a sealed envelope no later than July 14 2020, 2:00PM EST at which time all bids received will be publicly opened and read in the Bid Opening Room. 2. Bid envelope shall be addressed as indicated herein below. No responsibility will attach to the Division of Purchases the premature opening of, or the failure to open a bid not properly addressed or identified. Address bids as follows: ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Name & Address of Bidder Eastern Kentucky University University Procurement 521 Lancaster Ave. Commonwealth Bldg. 14th Floor, Room 1411 Richmond, KY 40475 PRE‐BID CONFERENCE: June 30, 2020 2:00PM EST – Keene Hall Parking Lot Questions Due By: July 7, 2020 5:00PM EST – Submit all questions electronically to
gary.burns@eku.edu Temporary parking permits are available thru EKU Parking and Transportation, Commonwealth Hall, 2nd Floor 521 Lancaster Avenue, Richmond, KY 40475, (859) 622‐1063. Please request parking permits at least (72) hours prior to campus visit. 3. No bidder may withdraw his bid for a period of thirty (30) calendar days after the date set for the opening of bids. Clerical errors and omissions in the computation of the lump sum bid shall be cause for withdrawal of the bid without forfeit of the bid bond. Bids may be withdrawn in person only prior to the closing date of the receipt of bids. 4. Bids, upon their receipt, are stamped showing the hour and date received. Bids received after the scheduled closing time will not be considered, provided legal and acceptable bids have been received. 5. The right is reserved to reject any and all bids and to waive all informalities and/or technicalities where the best interest of the University may be served. 6. Facsimile bids, or modification of bids by fax, are not permissible and/or not acceptable. 7. Bids may be rejected unless filled out in ink or typewritten and signed in ink. 8. For any clarification of this Invitation to Bid, contact:
gary.burns@eku.edu 9. All proposals can be made electronically via e‐mail
ekusolicitations@eku.edu no later than 7/14/2020 , 2:00 PM, ET. The subject of the e‐mail shall be “EKU 14‐21”. Failure to provide the correct Bid/RFP number in the email may disqualify your submission. 2 BID FORMS ARTICLE 1 – INVITATION Bids are requested by the Division of Purchases & Stores from eligible firms for the furnishing of all labor, materials, tools, equipment, services, supplies, and related items necessary for the construction of a pedestrian crossing over the eastern bypass for Eastern Kentucky University complete and in accordance with the terms, conditions, specifications as contained herein, and as shown on drawings and amended by any Addendum which may be issued. ARTICLE 2 ‐ METHOD OF BIDDING Bidders shall submit bids as indicated in the form. No other method of bidding will be considered and the bidder must use the Form of Proposal which is included in and made a part of this Invitation. All data and other information requested in said Form of Proposal must be supplied. ARTICLE 3 ‐ AWARD OF CONTRACT The award will be made based on BEST VALUE. In determining the lowest responsible and responsive bidder, the following elements will be considered: If the bidder involved maintains a permanent place of business, has adequate plant equipment to perform properly and expeditiously, suitable financial status to meet obligations incidental to the work and has appropriate technical experience. Such information as may be required to make an award determination shall be supplied by apparent low bidder. (A) The "Owner" reserves the right to reject any and all bids to waive all informalities and/or technicalities of a bid when in the judgment the best interest of Eastern Kentucky University may be served. (B) In the event the bidder's proposal is accepted by the owner and such bidder shall fail to execute the contract and to furnish satisfactory performance bond within ten (10) calendar days from the date of notification of the award of the contract, the owner may at its option, determine that the awardee has abandoned the contract. Thereupon the proposal shall become null and void and the bid guarantee which accompanied it shall be forfeited to and become the property of the owner as liquidated damaged from such failure. If the bidder shall execute the contract and furnish satisfactory bond, the bid guarantee will be returned to the bidder by the owner. (C) That a contract is legally entered into will be indicated by the issuance and release of the Eastern Kentucky University purchase order. ARTICLE 4 ‐ INSURANCE The contractor shall provide and include in his bid price the cost of the following minimum insurance coverage: (a) $2,000,000 Each Occurrence (b) $2,000,000 General Aggregate (c) $2,000,000 Products & Completed Operations Aggregate (d) $2,000,000 Umbrella Each Occurrence/Aggregate Contractor agrees to furnish Certificates of Insurance for each insurance policy to the Purchasing Official. Eastern Kentucky University, its regents, and employees must be added as Additional Insured on the General Liability policies with regard to the scope of this Contract. Any deductibles or self‐insured retentions in the insurance policies must be paid by and are the sole responsibility of the Contractor. Coverage is to be primary and non‐contributory with other coverage, if any, purchased by the University. All required insurance policies must include a Waiver of Subrogation in favor of Eastern Kentucky University, its regents, and employees. ARTICLE 5 –CONSTRUCTION AND SAFETY DEVICES Refer to Eastern Kentucky University’s General Terms and Conditions below. ARTICLE 6 ‐ TAXES, WORKMEN'S COMPENSATION, ETC. The contractor shall be required to accept liability, make payment and include in bid amount all payroll taxes, sales and use tax, and all other taxes or deductions required by federal, state, or local laws such as old age pensions, social security or annuities measured by wages. Provisions of the current Kentucky Sales or Use Tax must be included in the bid amount and paid by the contractor. 3 BID FORMS ARTICLE 7 ‐ INSPECTION OF WORK Refer to Eastern Kentucky University’s General Terms and Conditions below. ARTICLE 8 ‐ PERMITS AND CODES Refer to Eastern Kentucky University’s General Terms and Conditions below. ARTICLE 9‐ ADDENDA Any Addenda or Instruction to Bidder issued by the Division of Purchases prior to the time for receiving bids shall be covered in thereof. Such Addenda shall be acknowledged in the Bid Proposal. No instructions or changes shall be binding unless documented by a proper and duly issued Addendum. Eastern Kentucky University is entitled to exemption from Federal Excise Tax. Exemption certificates will be furnished to cover excise tax exemption where applicable and when requested by the contractor. ARTICLE 10 ‐ WITHDRAWAL OF BIDS (a) Prior to closing date for receipt and opening of bids, any bidder may withdraw his bid in person only, at any time prior to the scheduled time for closing and receipt of bids. (b) After receipt and opening of bids, withdrawal of bids will not be permitted for a period of thirty (30) Calendar days from the date of receipt and opening of bids. ARTICLE 11 ‐ OR EQUAL If any material or equipment and/or specifications, unless specifically designated "no substitution" appear in this Invitation which restrict any bidder from bidding whose product is equal in performance, construction, efficiency, etc., to that specified, then, and in that event the bidder may submit a bid on the lowest and best bid here from. The burden of proof of equality shall be the responsibility of the bidder. If the architect/engineer judges the material or equipment not equal to that named in the specifications, the bidder/contractor shall provide material or equipment that is judged to be in compliance with the specifications. The architect/engineer's decision shall be final. ARTICLE 12 ‐ ALTERNATES The owner reserves the right to reject any or all alternate bids if provided for in the bid documents. The determination as to the responsive and responsible bid will be made on the basis of the lump sum base bid plus and/or minus any alternate that may be accepted by the owner. Alternates to be used in sequence set forth in the proposal if considered for acceptance. ARTICLE 13 ‐ AUT HENTICAT ION OF BID AND STATEMENT OF NON‐COLLUSION AND NON‐ CONFLICT OF INTEREST This document or the Form of Proposal document where applicable, must be executed and signed for the bid to be valid. ARTICLE 14 ‐ LIQUIDATED DAMAGE (IF APPLICABLE) See schedule of liquidated damage in attached Project specifications. The contractor affected will be held responsible for any loss to the owner on account of unnecessary delays or failure on his part to prosecute his work in the proper manner. ARTICLE 15 ‐ BID AND PERFORMANCE AND PAYMENT BOND (a) Bids shall be accompanied by a bid guarantee of not less than five percent (5%) of the amount of the Base Bid executed by a Surety Company authorized to do business in the state of Kentucky. (Certified check is acceptable) It is agreed in the event that this proposal is accepted by the owner and the contractor shall fail to execute a contract within ten (10) consecutive calendar days from the date of notification of the Award of Contract, the owner shall determine that the contractor has abandoned the contract; thereupon, the proposal shall become null and void, and the bid guarantee, check, or bid bond which accompanied it shall be forfeited and become the property of the owner as liquidated damages for such failure and no protest pursuant to such action will be allowed. (b) The contractor shall furnish a surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the faithful performance of this contract and for the payment of all persons performing labor, including payment of all unemployment contributions which become due and payable under the Kentucky Unemployment Insurance Law furnishing materials in connection with this contract. (c) This bond and all insurance coverage required by this Invitation and Laws of this State shall be executed by a Surety Company authorized to do business in the state of Kentucky (d) There shall be an endorsement in each policy, reading as follows: "It is hereby agreed that in event of a claim arising under this policy, the company will not deny liability by reason of the insured being a state, county, Municipal Corporation or governmental agency." ARTICLE 16 ‐ GENERAL GUARANTY Refer to Eastern Kentucky University’s General Terms and Conditions below. ARTICLE 17 ‐ CHANGES IN THE WORK Refer to Eastern Kentucky University’s General Terms and Conditions below. ARTICLE 18 ‐ INDEMNITY Refer to Eastern Kentucky University’s General Terms and Conditions below. ARTICLE 19 ‐ EMPLOYMENT PRACTICE (a) The contractor, per State Executive Order 72‐51, dated January 18, 1972, shall register from time to time with the State Department Service Office nearest the construction a complete list of all job requirements and positions necessary to perform this contract. (b) Where persons referred to the contractor, by the State Employment Service, are found to be qualified the contractor is urged to utilize and employ said persons for such jobs. (c) It is the policy of Eastern Kentucky University to utilize minority vendors and subcontractors whenever possible in order to help bring them into the main stream of the American economy. Therefore, the contractor, when looking for subcontractors, should make full faith efforts to locate minority business persons. For assistance in identifying minority vendors or subcontractors, the contractor may contact the Kentucky Procurement Assistance Program; 500 Metro Street; Capital Plaza Tower, 23rd Floor; Frankfort, Kentucky 40601‐1978; telephone 800.838‐3266 or 502‐564‐ 2064; fax (502)‐564‐5932, or e‐mail
ced.kpap@ky.gov. (d) Apprentices shall be permitted to work only under an apprenticeship agreement approved by the Kentucky Supervisor of Apprenticeship and by the Kentucky Apprenticeship Council, which is recognized by the Bureau of Apprenticeship and Training, United States Department of Labor. ARTICLE 20 ‐ NON‐DISCRIMINATION IN EMPLOYMENT During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are treated during employment without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be proved setting forth the provisions of this non‐discrimination clause. (b) The contractor will, in all solicitation or advertisements placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contracts or understanding, a notice to be provided advising the said labor union or worker's representative of the contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will take such action with respect to any subcontractor or purchase order as the administrating agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. In case the work to be performed is paid for in whole or in part with funds obtained from the federal government or borrowed on the credit of the federal government pursuant to a grant, loan, insurance or guarantee, during the performance of this contract, the contractor, in addition, agrees to the following: (d) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, or as amended, and by the rules, regulations and relevant orders of the Secretary of Labor. (e) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, or as amended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto and will permit access to his books, records, and accounts by the applicable federal agency and/or agencies and the Secretary of Labor for purpose of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the contractor's non‐compliance with non‐ discrimination clauses of this contract or with any such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally‐assisted construction contracts, in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, or as amended, and by the rules, regulations and orders of the Secretary of Labor, or as otherwise provided by law. (g) The contractor will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the federal agency or Secretary of Labor may direct as a means of enforcing such provisions, including actions for non‐compliance. Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the federal agency or Secretary of Labor, the contractor may request the United States to enter into such litigation to protect the interest of the United States. ARTICLE 21 ‐ PUBLIC WORKS 21.1 Under KRS337 the University or any State Agency shall not have the authority to require any employer to pay to an employee a certain wage or fringe benefit other than as determined by the employer and or hourly rates (Minimum Wage) as established by Federal, State, Local or Agency itself. 22.2 DAVIS BACON ACT (Applicable to federally funded construction projects exceeding $2,000) Contractor agrees to pay wages to mechanics and laborers at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. Supplier agrees to pay wages and meet the other requirements as specified by Davis‐Bacon Act, as amended (40 U.S.C. 3141‐3148) as supplemented by the Department of Labor regulations (29 CFR Part 5). Supplier acknowledges that University affiliated entity’s decision to make a Contract with Supplier is conditioned upon the acceptance of the wage determination. ARTICLE 22‐ RECIPROCAL PREFERENCE In accordance with KRS 45A.494, a resident Offeror of the Commonwealth of Kentucky shall be given a preference against a non‐resident Offeror. In evaluating proposals, the University will apply a reciprocal preference against an Offeror submitting a proposal from a state that grants residency preference equal to the preference given by the state of the nonresident Offeror. Residency and non‐residency shall be defined in accordance with KRS 45A.494 (2) and 45A.494 (3), respectively. Any Offeror claiming Kentucky residency status shall submit with its proposal the notarized affidavit affirming that it meets the criteria as set for in the above referenced statute. ARTICLE 23 – SERVICE AND SUPPORT PERSONNEL The University reserves the right of acceptance of all personnel assigned by the Offeror under this Contract. All company personnel of the Successful Offeror must be in appropriate company uniform which includes the company name visibly displayed at all times while on the campus of the University, and in all University buildings. The personnel must be cordial, well‐groomed, and cognizant of the fact that they may be entered student living buildings. If, for any reason, the University believes that these guidelines are not being followed, the University will request intervention from appropriate supervisory personnel. If inappropriate behavior occurs, the University shall be entitled to a change in personnel serving the campus. The Successful Offeror agrees that it will company with the University policy regarding registered sex offenders, and shall not knowingly permit any employee who is a registered sex offender to service the Grand Campus, University residence halls, Model Laboratory School, the basement of the Burrier Building where the Child Development Center is currently located, or any areas of campus or University’s buildings. The Successful Offeror will provide the University with verification of all assigned personnel background check clearance. ARTICLE 24 ‐ DISBARMENT Vendor’s signature on this solicitation response certifies that the vendor, and where applicable subcontract vendor, or any other person performing service under this agreement (a) is not now nor have ever been excluded, suspended, disbarred or otherwise deemed ineligible to participate in governmental procurement or other programs (b) and if disbarred, suspended or excluded during the life of the contract, the vendor will notify the University buyer of record within seventy two(72) hours of the vendor becoming aware of the governmental ineligibility. ARTICLE 25 ‐ KEY EVENT DATES KEY EVENT DATES DATE TIME PLACE Pre‐Bid Meeting 6/30/2020 2:00 PM ET Keene Hall Parking Lot Questions Deadline 7/7/2020 5:00 PM ET
gary.burns@eku.edu Bid Opening 7/14/2020 2:00 PM ET Commonwealth Bldg Project Notes: - Substantial Date for Completion: 240 days from the notice to proceed - Final Date for Completion: 270 days from start to final completion from the notice to proceed Liquidated Damages: - $1,660 until Substantial Completion - $910 until Final Completion BIDDER'S CHECK LIST The following checklist is provided for the convenience of both you and Eastern Kentucky University to help eliminate errors or omissions which may render your bid non‐responsive. Please check all appropriate boxes and submit this page with your bid. 1. Sworn Statement Regarding Campaign Finance Laws & Non Collusion. 2. Affidavit Regarding Workers’ Compensation Insurance. (Notarized) 3. Vendor Report of Prior Violations of KRS Chapters, 136, 139, 141, 337, 338, 341, and 342. 4. Bidder’s Qualifications. 5. Bid Guaranty in the amount of no less than five percent (5%) of the TOTAL BID AMOUNT. (Vendor Provided) 6. List of Proposed Subcontractors (Vendor Provided) 7. Vendor Identification Form 8. Vendor Insurance Form (ACORD) 9. Resident Bidder Status Affidavit. (Notarized) 10. Bid Sheet 11. Performance Bond (To be provided at time of award.) 12. Payment Bond (To be provided at time of award.) SWORN STATEMENT REGARDING CAMPAIGN FINANCE LAWS PURSUANT TO KRS 45A.110 AND KRS 45A.115, AS AMENDED, A DETERMINATION OF RESPONSIBILITY OF A BIDDER OR OFFEROR CANNOT BE MADE UNTIL THE BIDDER OR OFFEROR PROVIDES A SWORN STATEMENT THAT HE HAS NOT KNOWINGLY VIOLATED ANY PROVISION OF THE CAMPAIGN FINANCE LAWS OF THE COMMONWEALTH AND THAT THE AWARD OF A CONTRACT TO A BIDDER OR OFFEROR WILL NOT VIOLATE ANY PROVISION OF THE CAMPAIGN FINANCE LAWS OF THE COMMONWEALTH. TO COMPLY WITH THESE STATUTES THE SWORN STATEMENT REGARDING CAMPAIGN FINANCE LAWS INCLUDED WITH THIS INVITATION FOR BID SHOULD BE SIGNED AND RETURNED WITH YOUR BID. THESE STATUTES CURRENTLY READ AS FOLLOWS: KRS 45A.110: (1) A written determination of responsibility of a bidder or offeror shall be made and it shall be made in accordance with administrative regulations promulgated by the secretary of Finance and Administration Cabinet. A reasonable inquiry to determine the responsibility of a bidder or offeror may be conducted. The failure of a bidder or offeror to promptly supply information in connection with such an inquiry may be grounds for a determination of non‐responsibility with respect to such a bidder or offeror. (2) A written determination of responsibility of a bidder or offeror shall not be made until the bidder or offeror provides the Secretary of the Finance and Administration Cabinet with his sworn statement made under penalty of perjury that he has not knowingly violated any provisions of the campaign finance laws of the Commonwealth and that the award of a contract to a bidder or offeror will not violate any provision of the campaign finance laws of the Commonwealth. “Knowingly” means, with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or should have been aware that his conduct is of that nature or that the circumstance exists. (3) Except as otherwise provided by law, information furnished by a bidder or offeror pursuant to this section may not be disclosed outside of the Division of State Purchasing or the purchasing agency administering the contract without prior written consent of the bidder or offeror. KRS 45A.115: Eastern Kentucky University at this time does not prequalify suppliers. Refer to KRS 45A.115 for qualification requirements for bid opportunities with the Finance and Administration Cabinet. (SIGNATURE) (TITLE) (NAME OF COMPANY) State of ) County of ) The foregoing statement was acknowledged and sworn to before me this day , 20 , by (Title) (Company). Notary Public My commission expires: COMMONWEALTH OF KENTUCKY AFFIDAVIT REGARDING WORKER’S COMPENSATION INSURANCE AND UNEMPLOYMENT INSURANCE Pursuant to KRS 45A.480, the undersigned hereby swears or affirms, under penalty of perjury, that all contractors and subcontractors employed, or that will be employed, under the provisions of this contract shall be in compliance with the requirements for worker’s compensation insurance under KRS Chapter 342 and unemployment insurance under established KRS Chapter 341. (SIGNATURE) (TITLE) (NAME OF COMPANY) State of ) County of ) The foregoing statement was acknowledged and sworn to before me this day , 20 , by (Title) (Company). Notary Public My commission expires: COMMONWEALTH OF KENTUCKY VENDOR REPORT OF PRIOR VIOLATIONS OF KRS CHAPTER 136, 139, 141, 337, 338, 341 AND 342 Pursuant to 1994’s Senate Bill 258, the Bidder/Offeror shall reveal to the Commonwealth, prior to this award of a contract, any final determination of a violation by the contractor within the previous five (5) year period of the provisions of KRS Chapters 136, 139, 141, 337, 341, and 342. For the purpose of complying with the provisions of Senate Bill 258, please list any final determination (s) of violation (s) of KRS Chapters 136, 139, 141, 337, 338, 341 and 342, which have been rendered against the bidder or Offer within the five (5) years preceding the award of this contract. Please include the date of the determination and the state agency issuing the determination. KRS VIOLATION DATE STATE AGENCY The Contractor is further notified that 1994’s Senate Bill 258 requires that for the duration of this contract, the Contractor shall be in continuous compliance with the provisions of KRS Chapters 136, 139, 141, 337, 338, 341 and 342, which apply to the Contractor’s operations. Senate Bill 258, further provides that the Contractor’s failure to reveal a final determination of a violation of KRS Chapters 136 , 139, 141, 337, 338, 341, and 342, or failure to comply with the above‐cited statutes for the duration of the contract, shall be grounds for the Commonwealth’s disqualification from eligibility to bid or submit proposals to the Commonwealth for a period of two (2) years. BIDDER'S QUALIFICATIONS The Bidder’s qualifications are required by the Owner to be submitted as set forth herewith: 1. This firm is a Corporation or a Partnership or a Proprietorship . 2. A Permanent place of business is maintained at: STREET CITY STATE ZIP CODE TELEPHONE NUMBER AREA CODE 3. In the event the contract is awarded, the undersigned, Surety Bonds will be furnished by: 4. Experience of Contractor on other similar work: List contact information for list projects. 5. We now have the following jobs under contract and bonded: JOB LOCATION $ TOTAL CONTRACT PERCENT COMPLETED TAXPAYER IDENTIFICATION NUMBER REQUEST Eastern Kentucky University requires a Federal Tax Identification number or Social Security number for all vendors or persons doing business with the University in order to comply with Federal Regulations and tax reporting requirements. Completion of this vendor form does not guarantee receipt of competitive bid solicitations. If you are interested in obtaining University solicitations, please visit
http://purchasing.eku.edu/bids-and-quotes IF SENDING A W-9, PLEASE RETURN THIS FORM ALSO. For your convenience, you may return the information one of the following ways: FAX: Vendor File @ 859-622-2170 Mail: EMAIL:
adm.purchasing@eku.edu Phone # (859)622-2246 Purchasing Division Eastern Kentucky University Commonwealth Bldg., 14th Floor,Room 1401 521 Lancaster Avenue Richmond, Kentucky 40475 Please type or print legibly VENDOR INFORMATION Name of Firm * (Company or Individual) Phone Number * Make Checks Payable To * Address * Fax Number * Payment Address * Address Web Site Address or E-mail Payment Address Address Vendor Representative Name on Invoice * City * State * Zip* Federal Tax ID Number * Social Security Number * Willing to accept ACH payments * Yes No Bank Name & Routing # Bank Account # Willing to accept credit card payments* Yes No Payment Terms * Type of Ownership (Check Appropriate Box(es)) * Business Classification (Check Appropriate Box(es)) * (1) Individual/Sole Proprietorship (2) Partnership (3) Corporation-Incorporated in (State) (4) Non-profit/Education (5) Non-Resident Alien (6) Exempt from backup withholding Other: (SM) Small Business (LG) Large Business (CT) In County (MN) Minority Owned (WO) Women Owned (SD) Small Disadvantaged Business (GA) Government Agency (NP) Non-Profit (AL) Alumni Owned (HZ) Hub Zone Small Business Other (Specify) *Required Fields Business Classification Reference Links:
www.ccr.gov/sizestandard.asp, https://eweb1.sba.gov/hubzone/internet/general/whoweare.cfm, and
http://app1.sba.gov/faqs/faqindex.cfm?areaID=11 Printed Name of Authorizing Official: Authorized Signature: Date: *REGISTRATION Any foreign corporation (outside the State of Kentucky) must obtain a certificate of authority from the Secretary of State as is required by KRS 271B.15-010 Certificate #: (
https://secure.kentucky.gov/sos/ftbr/Welcome.aspx) Claimed exemption: Any “person” (business or individual) making retail sales in the state are to be registered to collect Kentucky sales and use tax. If the foreign individual (or business) is making retail sales they should be registered for Kentucky sales and use tax purposes by completing a Tax Registration Application (form 10A100), available at the link below. If they are under contract to perform services that do not include the sale of tangible personal property or digital property, or do not perform services subject to tax per KRS 139.200 (such as admissions, provision of telecommunication services, sewer services, and so on), then they are not required to register per .KRS 14A.9-010-14A.9-090 Consumer Use Tax Account number: (
http://revenue.ky.gov/) Sales Tax Account Number: Federal Debarment Status By checking the box above, you certify that your company and its principals have not been disbarred, suspended, proposed for debarment, declared ineligible, are not in the process of being disbarred or are voluntarily excluded from doing business with a federal department or agency of the federal government. CERTIFICATION Under penalties of perjury. I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me) and 2. I am not subject to backup withholding because:(a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U. S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholdings because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct Taxpayer Identification Number. Signature of U.S. Person Date Bid #: EKU 14‐21 REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS CLAIMING RESIDENT BIDDER STATUS FOR BIDS AND CONTRACTS IN GENERAL: The bidder or offeror hereby swears and affirms under penalty of perjury that, in accordance with KRS 45A.494(2), the entity bidding 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: 1. Is authorized to transact business in the Commonwealth; 2. Has for one year prior to and through the date of advertisement a. Filed Kentucky corporate income taxes; b. Made payments to the Kentucky unemployment insurance fund established in KRS 341.49; and c. Maintained a Kentucky workers’ compensation policy in effect. The BIDDING AGENCY reserves the right to request documentation supporting a bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination. Signature Printed Name Title Date Company Name Address Subscribed and sworn to before me by (Affiant) (Title) of this day of ,20 . (Company Name) Notary Public [seal of notary] My commission expires: FORM OF PROPOSAL‐BID SHEET BID: EKU 14‐21 PROJECT NAME: EKU Bypass Pedway LUMP SUM BASE BID: The Bidder agrees to furnish all materials, supplies, and services required to complete the above referenced job for Eastern Kentucky University, in accordance with the drawings, specifications and contract documents, and any duly issued Addenda for the LUMP SUM BASE BID AMOUNT set forth below: Bidder’s Name: Dollars (USE WORDS) and Cents ($ ). Alternate (if applies): ($ ). (USE FIGURES) The Bidder, in compliance with your Invitation to Bid # EKU 14‐21 and having carefully examined the drawings and complete contract documents as defined in the specifications hereby proposes to furnish all labor, materials, supplies, and services required to perform the specifics of this project within the time set forth therein and for the stated lump sum bid amount. The Bidder hereby acknowledges receipt of the following Addenda: (IF NO ADDENDUM HAS BEEN ISSUED AND RECEIVED, INSERT THE WORD, “NONE”) ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED Eastern Kentucky University General Conditions Revised 02-10-17 EASTERN KENTUCKY UNIVERSITY GENERAL CONDITIONS TABLE OF CONTENTS 1. Definitions of Terms ................................................................................................................................. 3 2. Intent and Interpretation ......................................................................................................................... 4 3. The Architect ............................................................................................................................................ 6 4. Conduct .................................................................................................................................................... 7 5. Tobacco‐Free Campus .............................................................................................................................. 8 6. Safety ........................................................................................................................................................ 8 7. Green Purchasing Policy ........................................................................................................................... 9 8. Recycling and Waste Management Policy ................................................................................................ 9 9. Parking ...................................................................................................................................................... 9 10. Traffic Control ....................................................................................................................................... 10 11. Pedestrian and Property Protection ..................................................................................................... 10 12. Concrete Surfaces ................................................................................................................................. 10 13. Hazardous Material .............................................................................................................................. 10 14. Site Conditions...................................................................................................................................... 11 15. Facilities Usage ..................................................................................................................................... 11 16. Occupancy ............................................................................................................................................ 11 17. General Work Hours ............................................................................................................................. 12 18. Storage and Staging .............................................................................................................................. 12 19. Signs ..................................................................................................................................................... 12 20. Administrative ...................................................................................................................................... 12 21. Subcontractor ....................................................................................................................................... 12 22. Changes in the Work/Change Orders ................................................................................................... 13 23. Key Checkout Procedure ...................................................................................................................... 15 24. Site Visit ................................................................................................................................................ 15 25. Measurements ..................................................................................................................................... 15 26. Labor and Materials ............................................................................................................................. 15 27. Indemnification .................................................................................................................................... 16 28. Insurance .............................................................................................................................................. 16 29. Performance and Payment Bonds ........................................................................................................ 18 30. Claims by the Contractor/Concealed Conditions/Disputes .................................................................. 18 31. Liens ...................................................................................................................................................... 20 32. Assignments ......................................................................................................................................... 20 33. Separate Contracts ............................................................................................................................... 20 2 General Conditions 34. Cash Allowances ................................................................................................................................... 21 35. Schedules.............................................................................................................................................. 21 36. Delays and Extensions of Time ............................................................................................................. 21 37. Shop Drawings; Submittals ................................................................................................................... 22 38. Supervision and Construction Procedures ........................................................................................... 23 39. Payment ............................................................................................................................................... 24 40. Quality of Work .................................................................................................................................... 26 41. Code Compliance .................................................................................................................................. 27 42. Inspection, Tests, Permits, and License Fees ....................................................................................... 27 43. Correction of Work ............................................................................................................................... 28 44. Suspension of Work .............................................................................................................................. 28 45. Termination .......................................................................................................................................... 29 46. Project Completion and Record Drawings ........................................................................................... 31 47. Miscellaneous Provisions Regarding Contractor’s Work ..................................................................... 33 48. Apprentices .......................................................................................................................................... 35 49. Nondiscrimination in Employment....................................................................................................... 35 50. Affirmative Action: Reporting Requirements ....................................................................................... 35 51. Access to Records ................................................................................................................................. 36 52. Campus Map ............................................................................................................................................... 37 3 General Conditions 1. Definitions of Terms. Whenever used in these General Conditions or in other Contract Documents, the following terms have the meaning indicated, which are applicable to both the singular and plural thereof: 1.1 Architect is the person or entity, either architect, engineer, or consultant, who is identified as such in the Contract Documents and on the drawings or any replacement architect, engineer, or consultant identified by the Owner. 1.2 Certification of Payment is the Owners Progress Payment form, Invoice and Receiving Report for Technical Services and Construction Contracts. 1.3 Change Order means a written order to the Contractor from the Owner and the Architect after execution of the Contract, which directs a change in the Work and may include a change in the Contract Price or the Contract Completion Time, or any combination thereof. 1.4 Contract is the legal relationship, duties and obligations between the Owner and Contractor as shown by the Contract Documents for the Project. 1.5 Contract Completion Time is the number of calendar days between the Date of Commencement and the dates set for Substantial Completion and Final Completion of the Work. This includes any adjustments established in the Contract between the Owner and Contractor. 1.6 Contract Documents include the Invitation for Bids, the Instructions to Bidders, the Payment and Performance Bonds, the General Conditions, the Special or Supplemental Conditions, the drawings, specifications, solicitation addenda, the contractors response to the solicitation, any written clarification of the response, the award document containing the Agreement between Owner and Contractor, and modifications issued after execution of the Contract. Modifications include (1) Change Orders issued as provided in Article 22, and (2) Field Orders for minor changes in the work issued by the Architect as provided in Article 22. Documents not included or expressly contemplated in this Paragraph, 1.6, do not, and shall not, form any part of the Contract between the Owner and the Contractor. 1.7 Contract Sum means the sum stated in the Contract including any authorized adjustments thereto and is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. 1.8 Contractor means the person or entity with whom the Owner has executed the Contract for construction. 1.9 Date of Commencement is the date specified in the Contract as the date upon which the Contractor is authorized to begin work. 1.10 Direct Expenses is defined as “All items of expenses directly incurred by or attributable to a specific project, assignment or task” and “Direct costs consist of direct materials, direct labor, subcontract costs, and other miscellaneous direct costs such as bonding and equipment rentals, that are directly related to and can be specifically attributed to an individual contract.” 1.11 Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.12 Extra Work is Work not part of the existing Contract Documents which is being added to the Contract by Change Order. 1.13 Field Order is a written order issued by the Architect which clarifies or interprets the Contract Documents, or orders minor changes in the Work which does not require a change under Article 22. 4 General Conditions 1.14 Final Completion is defined as the Work being acceptable under the Contract Documents and the Contract fully performed in accordance with the terms and conditions of the Contract Documents and the entire payment balance due the Contractor is due and payable. 1.15 Final Completion Date shall have the meaning as described to it in Paragraph 46.3. 1.16 Notice of Intent to Award is a written letter issued to the apparent successful Contractor after acceptance of bid price, unit prices, subcontractors and equipment and materials to inform them of such acceptance and request the required additional documentation to initiate the Contract. This is NOT an authorization to proceed. 1.17 Owner means Eastern Kentucky University, acting through the Division of Capital Construction and Project Administration. 1.18 The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate Contractors. 1.19 Resident Observer means an individual who has a direct contract with the Architect to observe and report on activities at the work site. A Resident Observer employed by the Architect is not authorized to serve as the Owners Representative, unless so designated by the Owner in writing. 1.20 Retainage means money earned by a contractor for work accepted by the Owner, but withheld to ensure proper performance by the contractor 1.21 Shop Drawings means drawings, completion diagrams, schedules, and other data specially prepared for the Work by the Contractor or any Subcontractor, lower tier subcontractors, manufacturer, supplier, or distributor to illustrate some portion of the Work. 1.22 Subcontractor means the person or entity having a direct contract with the Contractor for the performance of a part of the Work. 1.23 Substantial Completion is the point at which, as certified in writing by the Architect, the Project is at a level of completion in strict compliance with the Contract, and necessary approval by public authorities has been given, such that the Owner or the Agency can enjoy beneficial use or occupancy and can use, operate and maintain (the Owner has received all required warranties and documentation) it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete and such partial use or occupancy shall not be evidence of Substantial Completion. 1.24 Substantial Completion Date shall have the meaning as described to it in Paragraph 46.2. 1.25 The Work includes the construction and services required by the Contract Documents, whether completed or partially completed, and includes all labor, supervision, materials, equipment, services, and things provided or to be provided by the Contractor to fulfill the Contractor’s obligations. 2. Intent and Interpretation 2.1 Anything that may be required, implied or inferred by the documents which make up the Contract, or any one or more of them, shall be provided by the Contractor for the Contract Sum; 2.2 Nothing contained in the Contract Documents shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner and any person except the Contractor; 2.3 When a word, term, or phrase is used in the Contract Documents, it shall be interpreted or 5 General Conditions construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage; 2.4 The words “include”, “includes”, or “including”, shall be deemed to be followed by the phrase, “without limitation”. 2.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of the resulting Contract shall not imply that any other, non‐specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of the resulting Contract; 2.6 In the event of any conflict, discrepancy, or inconsistency, the following shall control: 2.6.1 As between figures given on plans and scaled measurements, the figures shall govern; In the event of a conflict between figures on the plans, the Contractor shall obtain clarification from the Architect prior to proceeding with the related work. 2.6.2 As between large scale plans and small scale plans, the large scale plans shall govern; 2.6.3 As between plans and specifications, the requirements of the specifications shall govern; 2.7 Meaning of Execution. Execution of the Contract Documents by the Contractor is a representation that the Contractor has thoroughly examined the site of the Work, become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. Execution of the Contract Documents is a further representation that Contractor has received, reviewed and carefully examined all of the Contract Documents, and has found them in all respects to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, the Contractor is fully qualified to act as the contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the contractor for, and to construct the Project. 2.8 Prior Agreements. The Contract Documents supersede any and all prior discussions, communications, representations, understandings, negotiations or agreements between the Owner and the Contractor and the Agency and the Contractor. 2.9 Contractor’s Performance. The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract including, but not limited to, the following: 2.9.1 Construction of the Project; 2.9.2 The furnishing of any required surety bonds and insurance; 2.9.3 The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits required for the construction of the Project; 2.9.4 The creation and submission to the Owner of detailed and comprehensive as‐ built drawings, depicting all as‐built construction. Said as‐built drawings shall be submitted to the Owner upon final completion of the Project and receipt of same by the Owner shall be a condition precedent to final payment to the Contractor. 2.10 Time. All limitations of time set forth in the Contract Documents are material and are 6 General Conditions of the essence of the Contract. The Contractor shall make reasonable progress on the completion of the Work on a continual and consistent basis. 2.11 Intent of Contract Documents. The intent of the Contract Documents is to include all items necessary for the proper completion of the Work by the Contractor. Labor or materials which are evidently necessary to produce the desired results, even though not specifically mentioned in the Contract Documents, shall be included in the Work. 2.12 Contract Documents Complementary, etc. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. In case of conflicts between the various Contract Documents, the order of precedence shall be as follows: (1) Addenda, (2) Division 1 ‐ General Requirements of the Specifications; (3) Special Conditions, (4) General Conditions, (5) Technical provisions of the Specifications; (6) Drawings. 2.13 Questions to Architect. In the event a question arises regarding the meaning or intent of the drawings and specifications, the Contractor shall report it at once to the Architect. The Architect shall furnish, with reasonable promptness, additional instructions, by means of drawings or otherwise, necessary for the proper execution of the work, consistent with the requirements of Article 3. 2.14 Paragraph, titles or headings are for convenience only and form no operative part of the Contract. 3. The Architect Unless otherwise directed by the Owner in writing, the Architect shall perform those duties and discharge those responsibilities allocated to the Architect in the Contract Documents. The duties, obligations and responsibilities of the Architect shall include, but are not limited to, the following: 3.1 Owner’s Representative. The Architect will be the Owner’s Agent during construction and until final payment has been made. The Architect will advise and consult with the Owner. In the event the Owner should find it necessary or convenient to replace the Architect, the Owner shall retain a replacement architect and the role of the replacement architect shall be the same as the role of the Architect. 3.2 Communication Through Architect. Except as otherwise provided in the Contract Documents, the Owner’s instructions to the Contractor shall be forwarded through the Architect, and the Contractor’s communications with the Owner shall be through the Architect. 3.3 Review of Work. The Architect shall approve, or respond otherwise as necessary concerning shop drawings or other submittals received from the Contractor. The Architect shall be authorized to refuse to accept work which is defective or otherwise fails to comply with the requirements of the Contract. If the Architect deems it appropriate, the Architect shall be authorized to call for extra inspection or testing of the work for compliance with requirements of the Contract. The Architect shall review the Contractor’s Payment Requests and shall approve in writing those amounts which, in the opinion of the Architect, are properly owing to the Contractor as provided in the Contract. The Architect shall perform those inspections required by the Owner. The Architect shall have authority to reject Work which does not conform to the Contract Documents. In the event of rejection, the Architect may recommend withholding payment to the Contractor for the rejected Work, and such recommendation shall give the Owner the authority to withhold payment for such Work. 3.4 Interpretation of Contract Documents. The Architect shall be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by the Contractor, subject to the provisions of Article 32. Claims, 7 General Conditions disputes, and other matters in question that arise relating to the execution or progress of the Work shall be referred initially to the Architect for decision, which he will render in writing within a reasonable time. Either party may appeal the Architect’s decision to the VP of Finance and Administration in accordance with the provision of Article 30. 3.5 Review of Shop Drawings, etc. The Architect shall review and approve, or take other appropriate action upon Contractor’s submittals (such as Shop Drawings, product data, and samples) for conformance with the design concept and the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. The Architect’s approval of Shop Drawings or samples shall not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has in writing called the Architect’s attention to such deviation at the time of submission and the Architect has given written approval to the specific deviation, nor shall any approval by the Architect relieve the Contractor from responsibility for errors or omissions in the Shop Drawings. 3.6 Preparation of Change Orders. The Architect, in consultation with the Owner, shall prepare Change Orders. The Architect shall also have authority to order minor changes in the Work as provided in Article 22.11. 3.7 Final Inspections, Certification. The Architect shall conduct inspections to determine the dates of Substantial Completion and Final Completion. The Architect shall also receive and forward to the Owner, for the Owner’s review, written warranties and related documents required by the Contract and assembled by the Contractor. 3.8 Payment Requests. The Architect shall review the Contractor’s Payment Requests and shall approve in writing those amounts which, in the opinion of the Architect, are properly owing to the Contractor as provided in the Contract. The Architect’s approval of payment requests shall not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract Documents 3.9 The Architect shall be authorized to require the Contractor to make changes which do not involve a change in the Contract Sum or in the Contract Completion Time for the Contractor’s performance consistent with the intent of the Contract. 3.10 The duties, obligations and responsibilities of the Contractor under the Contract shall in no manner whatsoever be changed, altered, discharged, released, or satisfied by any duty, obligation or responsibility of the Architect. The Contractor is not a third‐party beneficiary of any Contract by and between the Owner and the Architect. It is expressly acknowledged and agreed that the duties of Contractor to the Owner are independent of, and are not diminished by, any duties of the Architect to the Owner. 3.11 The duties, obligations and responsibilities of both the Architect and the Contractor, under their respective Contracts, shall in no manner whatsoever be changed, altered, discharged, released, or satisfied by any duty, obligation or responsibility of the Resident Observer. It is expressly acknowledged and agreed that the duties of Contractor and/or Architect to the Owner are independent of, and are not diminished by, any duties of the Resident Observer to the Owner. 4. Conduct 4.1 General The conduct of all personnel performing work or operations related to the work is the responsibility of the Contractor. The consumption of alcohol and/or 8 General Conditions drugs, and the carrying of firearms on the job by any worker are strictly prohibited. Any workmen apprehended under the influence of alcohol and/or drugs, or carrying firearms, on the premises at any time shall be subject to automatic dismissal by the Contractor. Improper conduct of any kind will not be permitted and may result in the offending workmen, Subcontractor and/or Contractor being barred from the university premises. 4.2 Any interaction with the students, faculty, staff or visitors of EKU shall be professional. Unprofessional conduct including, but not limited to, dress, general harassment, sexual harassment, or using obscenities can and shall be grounds for immediate removal of perpetrator from campus. 4.3 The University reserves the right of acceptance of all personnel assigned by the Offeror under this contract. The personnel must be cordial, well‐groomed and cognizant of the fact that they may be entering student living buildings. If for any reason, the University believes that these guidelines are not being followed, it will request intervention from appropriate supervisory personnel. If inappropriate behavior occurs, the University shall be entitled to a change in personnel serving the campus. 4.4 The successful Offeror agrees that it will comply with the university Policy regarding Registered Sex Offenders and shall not knowingly permit any employee who is a registered sex offender to service the University residence halls, Model Laboratory School, the basement of the Burrier Building where the Child Development Center is currently located, or any areas of campus or University’s buildings. The University at any time can ask for personnel background check report to be provided by successful Offeror. 4.5 No University garbage containers shall be used by contractor for disposal of any debris. 4.6 Many Buildings on Campus are open to the public. The Contractor shall ensure that its employees and subcontractors access University property only when necessary and appropriate. 5. Tobacco‐Free Campus 5.1 The use of all tobacco is prohibited on all property that is owned, leased, occupied, or controlled by the University. This includes buildings and structures, residence halls, housing facilities operated by Employee Housing, grounds, exterior open spaces, parking lots, and garages, on‐campus sidewalks, streets, driveways, stadiums, recreational spaces, practice fields, University property outside the main campus such as regional campuses, farm facilities, art galleries, performance venues, and sporting venues and functions that are held in these facilities and venues. 5.2 The use of tobacco is prohibited in vehicles owned, leased or rented by the University, including maintenance Vehicles, automobiles, shuttles, utility vehicles, and golf carts as well as while in personal vehicles on University property. 5.3 Tobacco includes all forms of tobacco including, but not limited to, cigarettes, cigars, pipes, water pipes (hookah), electronic cigarettes, bidis, clove cigarettes and smokeless tobacco products (snuff, chewing tobacco, and dipping tobacco). Tobacco does not include nicotine replacement therapies such as patches, gum or prescription medication intended to assist an individual in quitting the use of tobacco. 6. Safety 6.1 Material Safety Data Sheets must be kept at the job site at all times. 9 General Conditions 6.2 The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Project. 6.3 The Contractor shall take all necessary precautions for the safety of employees on the Work site, and shall comply with all applicable provisions of federal, state, and municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the Work is being performed. The Contractor shall designate a responsible member of his organization on the Work site as safety officer whose duty shall be to enforce safety regulations. The name and position of the person so designated shall be reported to the Architect by the Contractor. 6.4 Fire protection must be maintained at job site at all times. Contractors must carry maintained and useable portable fire extinguishers on all work trucks. 6.5 If an emergency occurs affecting the safety of life, or of the work, or of adjoining property, the contractor shall act at his own discretion to prevent such threatening loss or injury without special instruction or authorization from the Owner. 7. Green Purchasing Policy The University is committed to reducing the adverse environmental impact of its purchasing decisions; it is committed to buying goods and services from contractors who share its environmental concern and commitment. The University encourages bidders to include in their responses economical and environmentally friendly products and service options that serve to minimize waste, reduce excess packing and packaging, recycle, reduce, reuse, prevent pollution, and/or offer resource efficiency. It is the University’s goal to maximize environmental responsibility on its campuses. 8. Recycling and Waste Management Policy 8.1 The University recognizes the need to be good stewards for its waste management practices and policies and recognizes the importance of having vendors and/or their subcontractors be cognizant of the same practices and policies. Some jobs may, upon discretion of the university, require a waste and recycling plan, while others may consist of individual considerations for a particular job on means and methods of handling of various discarded material. The University encourages each vendor to be proactive in reviewing all avenues available to them for reducing the waste stream and encourage recycling to the greatest extent possible and practical. 8.2 KRS 45A.520 mandates that every state agency require a minimum recycled content for those materials it purchases. All materials provided for the completion of the Work shall conform with the requirements of 200 KAR 5:330, except as provided for in KRS 45A.510. Construction related materials requiring a minimum recycled content include building insulation, aluminum products, concrete, cement and steel products. For a complete listing of those items requiring minimum recycled content please refer to 200 KAR 5:330
http://www.lrc.state.ky.us/kar/200/005/330.htm 9. Parking 9.1 Ensure proper parking permits are obtained before commencing work. Under normal circumstances, the contractor will be allowed two vehicles at the work site. All other vehicles will be given permits to park in a Commuter Lot. See Special Conditions for Project‐specific parking instructions. 9.2 No leaking vehicles are allowed to park on campus. 10 General Conditions 9.3 The University reserves the right to remove contractor’s vehicles from university property due to leaking of any fluids and charge contractor for any cleanup. 9.4 No parking on sidewalks or grass. 10. Traffic Control 10.1 Vehicles shall be parked in a manner that will not interfere with any required emergency exit, or the traffic of the campus. 10.2 EKU shall receive 48 hour advanced notice of any deliveries that will affect others on campus. 10.3 Contractor shall not block fire truck access unless approved in advance and only in extreme circumstances. (48 hour advanced notice to owner must be given). 11. Pedestrian and Property Protection 11.1 Provide temporary barricades and other forms of protection to protect EKU's personnel, students and general public from injury due to the Work. These barricades are to be maintained daily and kept in orderly manner. EKU will not provide any barricades. A barricade plan shall be discussed at the preconstruction meeting. 11.2 The Contractor shall continuously maintain adequate protection of all Work from damage and shall protect the Owner’s property from injury or loss arising in connection with this Contract. The Contractor shall make good any such damage, injury, or loss, except such as may be directly due to errors in the Contract Documents or caused by agents or employees of the Owner. He shall adequately protect adjacent property as provided by law and the Contract Documents. 11.3 It is the contractor’s responsibility to protect their work from vandalism. 11.4 Provide protection of the Work and all University property during dust producing operations. 11.5 Damages to any existing Buildings, including the University roads, parking lots, drives, walks, and grass, etc., resulting from the Work or related operations whether caused by the Contractor's personnel, his Subcontractors or his material suppliers, shall be repaired or replaced, at no additional cost to the University, and to the satisfaction of the Owner. 11.6 Protect all roads and sidewalks from damage by equipment such as cranes or dump trucks when stationed for long periods of time by appropriate methods. 11.7 Contractor shall call 811 and notify EKU at least three (3) business days prior to the commencement of any excavation. 12. Concrete Surfaces Detailed concrete flatwork replacement specification is available in the Technical Guidelines document. 13. Hazardous Material‐Call Project Manager Immediately if Suspicious 13.1 In the event the Contractor suspects or unexpectedly encounters on the site material reasonably believed to be asbestos, lead, polychlorinated biphenyl (PCB) or other classified hazardous substances/materials which have not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos, lead, polychlorinated biphenyl (PCB), or other classified hazardous substances/materials which have not been rendered harmless. The Work in the affected area shall be resumed in the absence of any classified hazardous substances/materials or when it or they have been rendered harmless. 11 General Conditions 13.2 The Project Manager shall then contact the proper university officials to take samples, conduct tests and report back to the contractor within a few days. 13.3 If the material is determined to be positive on test, the University will take appropriate action to remove the material before the contractor can continue work in the affected area. 14. Site Conditions 14.1 No parking on grass or sidewalks. 14.2 The Contractor shall maintain all materials and organize the Work in such a manner as to minimize any inconvenience to persons using or working in the Work site and adjacent areas. 14.3 The Contractor shall restrict his operations and movements in areas of the buildings, grounds that are strictly necessary to his work. 14.4 Contractor shall assume complete responsibility for disposing of equipment removed from the site during the work. Contractor shall remove, transport, and dispose of all debris. Contractor shall maintain a conveyance adjacent to the work in which debris shall be deposited as it is removed from the work. He shall cause the conveyance to be emptied on a regular basis. Contractor shall not use building elevators for transporting any material or debris unless authorized in the Special Conditions. 14.5 Contractor shall not use owner’s trash cans for disposal of waste. 14.6 EKU assumes no responsibility for actual condition of items, grounds or structures at areas of work. Conditions existing at time of inspection for bidding purposes will be maintained by EKU insofar as practicable. Photograph or videotape existing conditions that might be misconstrued as damage related to contractor’s activity. File with Project Manager prior to start of work. 14.7 No utility services are to be interrupted without the consent of the University. Contractor shall protect any known utilities against damage during construction. This includes but not limited to fire, water, gas, communications, and electricity. 15. Facilities Usage 15.1 Owner will determine a use of toilet facilities per contract (See Special Conditions). If contractor is required to provide temporary toilet facilities, they shall be in quantities necessary to adequately service workers and contractor’s personnel. Portable toilets on site shall be serviced regularly and used in accordance with good, clean sanitary practice. Contractor shall obtain portable toilets from an established firm regularly providing the same. 15.2 No cleaning of tools, buckets, vehicles etc. in any facilities or on grounds without prior agreement by the University. 15.3 The contractor shall provide communication devices, such as telephones, for use by their employees or subcontractors and shall not be permitted the free use of the existing EKU systems. 15.4 In the event the Owner elects to make available electric power or domestic water, at no cost, to the Contractor for construction purposes, the election to do so will be spelled out in the Special Conditions for this project. Electric power provided by the Owner, shall not be utilized as a means for temporary heat without specific approval from the Owner in writing. Contractor shall furnish all labor and devices required to convey these temporary services from point of connection to point of use desired by Contractor or his Subcontractors. 16. Occupancy 16.1 EKU will occupy adjacent buildings at areas of work. Contractor shall conduct work in a manner that will minimize need for disruption of EKU's normal operations. Contractor 12 General Conditions shall provide minimum of 48 hours advance notice to EKU of activities that will affect the normal operations of the building and/or area of work. Coordinate all work with EKU, including daily work schedules and areas of work. 16.2 Any work that may impact the normal operations of the fire alarms system shall be coordinated with EKU personnel with a minimum of a three (3) day notice. 16.3 Protect smoke detectors at all times. Any detector that gets painted, damaged, altered, or defaced will be replaced by a certified fire alarm contractor at no additional cost to the Owner. 17. General Work Hours Work Hours must be agreed upon and discussed prior to bidding and will be noted in the Special Conditions. 18. Storage and Staging 18.1 Storage and staging areas (if needed) will be as described in the Special Conditions and will be discussed at the preconstruction meeting. 18.2 The contractor is responsible for the security of their materials and equipment. 19. Signs The Contractor shall not display any sign, trademark, etc. except by the approval of EKU. 20. Administrative 20.1 If applicable, a preliminary construction meeting will be held at a time and place designated by the Owner, for the purpose of identifying responsibilities of Contractor and Owner. A date will be set at time of bid opening for the meeting. 20.1.1 Topics to be discussed include: >Construction Schedule >Use of areas of the site >Delivery and storage >Safety >Post clean‐up >Submittals >Change orders >Applications for payment >Record documents 20.1.2 Meeting attendees shall include: >The Owner >The Contractor and its Superintendent (All Must Be Present) >Subcontractor representative (if applicable) >Manufacturer representative 21. Subcontractor 21.1 Contractor Fully Responsible for Subcontractors. The contractor is fully responsible to the Owner for the acts and omissions of his Subcontractors and of persons and entities either directly or indirectly employed by them. Nothing contained in the Contract Documents shall create any contractual relationship between the Owner and a Subcontractor. 21.2 Subcontractors listed on the bid form shall not be changed without written permission from the University. 21.3 Flow‐down Requirement. By contract, the Contractor shall require each Subcontractor: 21.3.1 to be bound to the Contractor by the terms of the Contract Documents insofar as they apply to the Work to be performed by the Subcontractor; and 21.3.2 to assume toward the Contractor all the obligations which the Contractor, by the Contract Documents, assumes toward the Owner. 13 General Conditions 21.4 All subcontractors are required to follow the same schedule and guidelines outlined by the contract documents. 21.5 Contracts with Subcontractors. The Contractor shall contract with those Subcontractors listed in the Contractors Bid Response and deemed acceptable by the Owner in accordance with the procedure outlined in the Instruction to Bidders. All subcontracts shall afford the Contractor rights against the Subcontractor which correspond to those rights afforded to the Owner against the Contractor herein, including those rights of Contract termination as set forth herein. 21.6 Substitution of Subcontractors. The Contractor shall not contract with any substitute Subcontractor or change a Subcontractor without providing timely written notice of the proposed substitution to the Architect, Project Engineer and Purchasing Officer. The substitution shall not be made if the Owner, Architect, Project Engineer, or Purchasing Officer object in writing to such change. 22. Changes in the Work/Change Orders 22.1 Change Order means a written order to the Contractor executed by the Owner and the Architect after execution of the Contract, directing a change in the Work and may include a change in the Contract Price, or the Contract Completion Time, or any combination thereof. 22.2 Any change in the Contract Sum resulting from a Change Order shall be determined by one of the following methods: 22.2.1 by mutual agreement of a lump sum amount between the Owner and the Contractor as evidenced by (a) the Change in the Contract Sum being set forth in the Change Order, (b) such change in the Contract Sum, together with any conditions or requirements relating thereto, being initialed by both parties and (c) the Contractor’s execution of the Change Order; 22.2.2 by unit prices stated in the Contract Documents or subsequently agreed upon; or 22.2.3 if no mutual agreement occurs between the Owner and the Contractor, the Change in the Contract Sum, if any, shall be derived by determining the reasonable actual costs or savings achieved resulting from revisions in the Work. 22.3 Items (22.2.1) and (22.3.3) above shall include a component for all overhead, profit, indirect costs or other items not to exceed fifteen percent (15%). Any such costs or savings shall be documented in the format, and with such content and detail as the Owner or the Architect requires. The Contractor shall only receive one fifteen percent (15%) for the “jobsite overhead and profit” component whether such work be done by the Contractor or by his Subcontractor. 22.4 For all charges relating to any Change Order, whether determined under subparagraph 22.2.1, 22.2.2 or 22.2.3 above, the following provisions shall apply: 22.4.1 The Contractor shall keep and present in such form as the Architect may direct, a correct account of all items in such form comprising the net cost of such Work, together with vouchers. The determination of the Architect shall be final upon all questions of the amount and cost of Changes in the Work, and it shall include in such cost, the cost to the Contractor of all materials used, of all labor, common and skilled, or foremen, trucks and teams, and the fair rental of all machinery used and for the period of such use. If said Work requires the use of machinery not already upon the work or to be otherwise used upon the Work, then the cost of transportation of such machinery to and from the Work shall be added to the fair rental, but 14 General Conditions said transportation shall not cover a distance exceeding one hundred (100) miles. 22.4.2 The Architect shall not include in the net cost of Work any cost or rental or small tools, or any portion of time of the Contractor or his Superintendent, or any allowance for the use of capital, or any additional bond premium, insurance cost applicable to the Work or any actual or anticipated profit, or any job or office overhead not previously mentioned, these items being considered as being covered by the added fifteen (15%) percent for the jobsite overhead and profit component. 22.4.3 In all cases where Changes in the Work are covered by unit prices set forth in the Contract, the value of such Work shall be determined only upon the basis of such unit prices. 22.4.4 Pending final determination of value, payments on Changes in Work shall be made only upon the estimate of the Architect. 22.5 If the Contractor claims that any instructions by the Architect involve additional cost and/or time extension, he shall give the Architect written notice thereof within a reasonable time after the receipt of such instructions and before proceeding to execute the change in Work. 22.6 On all Change Orders that exceed $25,000, the Contractor shall submit the following certification: “I (the Contractor) certify to the best of my knowledge and belief, the cost or pricing data submitted is accurate, complete and current as of the date of the proposed change.” 22.7 If the Owner and Contractor cannot agree on the effect of an ordered change on the adjustment to the Contract Sum or Contract Completion Time, this matter may also be referred to the Architect for determination. 22.8 If the Owner and/or Contractor do not agree with the Architect’s determination regarding the valuation of a change, the related adjustment to the Contract Sum or to the Contract Completion Time, the matter shall be subject to the disputes procedure set out in Article 30. 22.9 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor’s agreement to the ordered changes in the Work, the resulting Contract as thus amended, the Contract Sum and the time for performance by the Contractor. The Contractor, by executing the Change Order, waives and forever releases any claim against the Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. 22.10 The Contractor shall notify and obtain the consent and approval of the Contractor’s Payment and Performance Bond sureties with reference to all Change Orders if such notice, consent or approval are required by the Owner, the Architect, the Contractor’s sureties or by law. The Contractor’s execution of the Change Order shall constitute the Contractor’s warranty to the Owner that the sureties have been notified of, and consent to, such Change Order and the sureties shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto. 22.11 Minor Changes. The Architect may authorize minor changes in the Work which do not involve additional cost or extension of the Contract Completion Time, and which are not inconsistent with the intent of the Contract Documents. Such changes shall be effected by a Field Order issued by the Architect, which shall be binding on the Owner and Contractor. The Contractor shall carry out such orders promptly. However, if the 15 General Conditions Contractor claims that a Field Order involves additional cost or a delay to completion of the Work, he shall give the Architect written notice thereof within a reasonable time after receipt of the Field Order. Otherwise, he shall be deemed to have waived any right to claim an adjustment to the Contract Sum or to the Contract Completion Time. 23. Key Checkout Procedure Keys will be issued upon approval by Capital Construction and Project Administration or Facilities Services. Unless prior approval is granted by the director of Capital Construction and Project Administration or Facilities Services, all keys must be signed in and out daily. If prior approval is granted to keep a key for the duration of a project, the key must be returned at the end of the project. Master and series sub‐master keys will only be provided if the scope of the project requires the key. Contractors are responsible for all the expenses created by lost or misused keys. 24. Site Visit All Contractors, before submitting bids, shall visit and examine the site as necessary to satisfy themselves as to the nature and scope of required work, including any and all dimensional measurements, and any difficulties attending the execution of the work as hereinafter specified and as indicated on the drawings. The submission of a bid will be construed as evidence that a visit and examination has been made. Later claims for labor, equipment, or materials required or difficulties encountered which could have been foreseen had such an examination been made, will not be recognized. No consideration will be given to any claim based on lack of knowledge of existing conditions. 25. Measurements Each Contractor shall be responsible for verification of all measurements and dimensions at the site before ordering any materials or doing any work. No extra compensation shall be allowed due to difference in actual dimensions and measured dimensions. NOTE: DO NOT SCALE THE DRAWINGS. EKU will not be responsible for deviations in drawing measurements, even if listed on a drawing provided by EKU. 26 Labor and Materials 26.1 Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supervision, labor, water, tools, equipment, light, power, temporary heat, hoist, supplies, appliances, transportation, and other facilities and things necessary for the execution and completion of the Work. In the event the Owner elects to make available the electric power, at no cost, to the Contractor for construction purposes, it shall not be utilized as a means for temporary heat. 26.2 Contractor Warranty. The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will strictly conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 26.3 If an “or equal” is submitted, other than a product specified within these contract documents, the Contractor shall submit general product data at the time of bid 16 General Conditions opening. These documents will not be accepted at a later date. Not submitting such shall indicate that all items bid are “as specified.” 26.4 Unless otherwise noted in the contract documents, EKU will not furnish any materials, labor, equipment or services to the Contractor for completion of the work. 26.5 Substitution‐Materials and Equipment. Substitution of previously approved equipment and materials shall be considered only for the following reasons: 29.5.1 Unavailability of the material or equipment due to the conditions beyond the control of the Contractor; 29.5.2 Inability of the supplier to meet Contract schedule; or 29.5.3 Technical and immaterial noncompliance to specifications. 26.6 Inclusion of a certain make or type of materials or equipment by the Contractor shall not obligate the Owner to accept such material or equipment if it does not meet the requirements of the plans and specifications. Substitutions not properly approved and authorized may be considered defective work. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials and equipment. 26.7 The Owner shall not and will not be responsible for accepting, unloading and/or storing any material delivered to the site. 27. Indemnification The Contractor shall indemnify and hold the Owner harmless from any and all claims, liability, damage, loss, cost and expense of every type whatsoever, regardless of whether such liability, claim, damage, loss, cost or expense is caused in part by the Owner, including, without limitation, attorneys’ fees and expenses, in connection with the Contractor’s performance of this Contract, provided that such claims, liability, damage, loss, cost or expense is due to sickness, personal