City Council Agenda and Packet 2025 07 08

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and retained by the OWNER as liquidated damages and not as a penalty. By submitting the Bid security with the bid proposal, the BIDDER agrees to liquidated damages in the event the BIDDER fails to enter into the Agreement with the OWNER. The OWNER shall not have to prove actual damages suffered in order to retain the Bid Security as liquidated damages. The OWNER and the BIDDER agree that liquidated damages are appropriate because the anticipated actual damages are uncertain in amount and difficult to forecast accurately. The OWNER and the BIDDER agree that the amount of the Bid Security is a reasonable estimate of damages and not disproportionate to the anticipated loss or injury. The Bid Security of other BIDDER'S whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the seventh day after the Effective Date of the Agreement whereupon Bid Security furnished by such BIDDER'S will be returned. Bid Security with Bids that are not competitive will be returned within fourteen days after the Bid opening. 8. Contract Time 8.1 The number of days within which, or the dates by which, the Work is to be completed (the Contract Time) is set forth in the Agreement. 9. Liquidated Damages 9.1 Provisions for liquidated damages, if any, are set forth in the Agreement and General Conditions. 10. Substitute and "Or Equal" Items 10.1 The Contract, if awarded, will be on the basis of materials and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or - equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in paragraphs 6.7.1, 6.7.2, and 6.7.3 of the General Conditions and may be supplemented in the General Requirements. 11. Subcontractors, Suppliers, and Others 11.1 When a BIDDER submits a Bid, that Bid shall include the Schedule of Subcontractors, which shall identify each element of the Work to be subcontracted. Traffic control subcontractors shall be prequalified and other Subcontractors whose subcontract exceeds five percent of the Total Bid Price shall be prequalified by the City of Louisville, City Engineer for their specific portion of the Work. 11.2 If OWNER, who after due investigation has reasonable objection to any proposed Subcontractor, other person or organization, may before the Notice of Award is given, request the apparent Successful BIDDER to submit a substitute Subcontractor acceptable to the City without an increase in Bid price. If the apparent Successful BIDDER declines to make any such substitution, OWNER may award the contract to the next lowest BIDDER that proposes to use acceptable Subcontractors and other persons and organizations. The declining to make 14 2025 WATER MAIN REPLACEMENT PROJECT & SANITARY SEWER BACKWATER PREVENTER VALVE PROJECT Invitation to Bid 46