10-RFB 4442 - 2025 Asphalt Maintenance Project.pdf

RFB # 4442

2025 Asphalt Maintenance Project

Deadline: 2:00 PM CST, September 4, 2025

TABLE OF CONTENTS

INSTRUCTIONS TO BIDDERS

GENERAL SPECIFICATIONS

SPECIFICATIONS

STANDARD GENERAL CONDITIONS

INSTRUCTIONS TO BIDDERS

ARTICLE 1 – DEFINITIONS

1.1 Bidding Documents/Contract Documents (Collectively the “Documents”) shall be made part of the final Contract between Owner and Contractor. They include the

Advertisement to Bid, Instructions to Bidders, General Compliance, Bid Form, and other sample bidding and contract forms, Agreement between the Owner and

Contractor, Conditions of the Contract (General, Supplemental and other

Conditions), Drawings, Specifications and all Addenda issued prior to execution of the Contract.

1.2 Addenda are written or graphic instruments and are issued by the Purchasing

Manager prior to the execution of the Contract which modify or interpret the

Documents by additions, deletions, clarifications or corrections.

1.3 A Bid is a complete and properly signed proposal to do the work for the sums stipulated therein, submitted in accordance with the Documents.

1.4 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the work described in the Documents as the base, to which work may be added or from which work may be deleted for sums stated in Alternate Bids.

1.5 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Documents, is accepted.

1.6 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment or services, or a portion of the Work as described in the

Documents, if applicable.

1.7 A Bidder is a person or entity who submits a Bid.

ARTICLE 2 – PROJECT INFORMATION

2.1 Project name: 2025 Asphalt Maintenance Project

2.2 Project location: Greenbelt Trail, Fisher Park, Chautauqua Park, Southern Little League, Fire Stations #4 & #5, and Kamuf & Yewells Parking Lot

2.3 Project description: To provide all labor, material, equipment, incidentals and supervision needed to complete noted asphalt maintenance projects.

2.4 Owner: City of Owensboro (“City”)

101 E. Fourth Street

Owensboro, KY 42303

Contact Name for Site Access During Bidding: Jack Goetz

Phone: 270-687-8641

2.5 Project questions during bidding: Submit questions via the “Ask A Question” button within he solicitation in the City’s Bonfire portal.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.1 By making a Bid, the Bidder represents that:

A. The Bidder has read and understands the Documents and the Bid is made in accordance therewith.

B. The Bidder has read and understands the Documents, to the extent that such documentation relates to the work for which the Bid is submitted, for other portions of the project, if any, being bid concurrently or presently under construction.

C. The Bidder has visited the site, becoming familiar with local conditions under which the work is to be performed and has correlated the Bidder’s personal observations with the requirements of the proposed Documents.

D. The Bid is based upon the materials, equipment and systems required by the

Documents without exception.

ARTICLE 4 – BIDDING DOCUMENTS

4.1 Bidders may download the Documents from the City’s online Bonfire portal at https://owensboro.bonfirehub.com.

4.2 In making copies of the Documents available, the Owner and the Engineer do so only for the purpose of obtaining bids on the work and do not confer a license or grant permission for any other use of the Documents.

4.3 Bidders shall use complete sets of Documents in preparing bids; neither the Owner nor

Engineer assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Documents.

4.4 The Bidder shall carefully study and compare the Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Engineer errors, inconsistencies, or ambiguities discovered.

https://owensboro.bonfirehub.com/

4.5 Bidders requiring clarification or interpretation of the Documents shall make a written request to the Purchasing Manager by the date listed within the Documents.

4.6 Interpretations, corrections and changes to the Documents will be made by Addendum.

Interpretations, corrections and changes of the Documents made in any other manner will not be binding, and Bidder shall not rely upon them.

4.7 The materials, products and equipment described in the Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution.

4.8 No substitution will be considered prior to receipt of bids unless a written request for approval has been received by the Purchasing Manager at least seven (7) working days prior to the date for receipt of Bids. The Owner will not review or approve any alternate design scheme prior to bidding. The burden of proof of the merit of the proposed substitution is upon the proposer. The decision of approval or disapproval of a proposed substitution shall be made by the Engineer and Owner and shall be final.

4.9 Substitutions approved prior to receipt of bids will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner. No substitutions will be considered after the Contract award unless specifically provided in the Documents.

4.10 Formal Addenda, as applicable, and answers to bidders’ questions will be posted to the

City’s Bonfire portal at https://owensboro.bonfirehub.com.

4.11 Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all

Addenda issued, and the Bidder shall acknowledge their receipt in the Bid.

ARTICLE 5 – PRE-BID INFORMATION

5.1 No pre-bid meeting for this project.

ARTICLE 6 – BIDDING PROCEDURES

6.1 Bids shall be submitted on the Bid Form included with the Documents. All blanks on the

Bid Form shall be filled in ink. Interlineations, alterations and erasures must be initiated by the signer of the Bid.

6.2 Where so indicated by the makeup of the Bid Form, sums shall be expressed in unit price and total price, and in case of discrepancy between the two, the unit price shall govern.

6.3 All requested Alternates shall be bid. If no change in the Base Bid is requested, enter “No

Change.”

6.4 Bid shall include a Subcontractor Listing, and if the Owner requests, a properly executed

Contractor’s Qualification Statement. Subcontractors must adhere to the same requirements as the prime contractors.

6.5 Bid copy shall be signed in ink on the designated signature line by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have the current power of attorney attached certifying the agent’s authority to bind the Bidder.

6.6 If a surety bond is required for bid security, it shall be written on EJCDC Document C-430, Bid Bond, unless otherwise provided in the Bidding Documents, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney.

6.7 The Owner will have the right to retain the bid security of bidders to whom an award is being considered until either (a) the Contract has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn, or (c) all Bids have been rejected.

6.8 A copy of the Bid, the bid security, and other documents required shall be submitted by using the City’s Bonfire portal, per the “General Compliance” section of the Documents, before the bid due date and time.

6.9 Bids received after the time and date for receipt of Bids will not be accepted. The Bidder shall assume full responsibility for timely submission in the Bonfire portal.

6.10 A Bid may not be modified, withdrawn or canceled by the Bidder until after 60 days following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid.

6.11 The Bid, accompanying letters, forms, samples, pictures, catalogs, and other pertinent material that accompanies the Bid becomes the property of the Owner and will not be returned to the Bidder unless an agreement in writing is secured before the Bid is submitted.

6.12 At the time a bid is submitted, Bidder shall identify the portions of Bid information that are proprietary or confidential in nature and subject to release for public inspection. The

Owner will protect proprietary or confidential information to the extent allowable under the

Kentucky Open Records Act.

6.13 All applicable KY State laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written in full.

ARTICLE 7 – CONSIDERATION OF BIDS

7.1 The City of Owensboro reserves the right to reject any and all bids or to waive any irregularities in said bids.

7.2 It is the intent of the Owner to award a Contract to the lowest total base bid, plus the accepted alternate(s) that is from a bidder considered to be a responsive, responsible bidder, provided the bid has been submitted in accordance with the requirements of the

Bidding Documents and does not exceed the funds available. Consideration will be given to the experience of the Bidder and major subcontractors (if applicable), in addition to the bid amount. Consideration may be given to any alternatives offered in the Bid Form; the

Owner may choose to interview a contractor to more fully discuss the merits of a particular alternative, and to use that interview in the selection process. The Owner is under no obligation to consider or accept any proposed alternative. The Owner shall have the right to reject any and all bids or to waive informalities or irregularities in a Bid received and to accept the bid which, in the Owner’s judgment, is in the Owner’s best interest.

7.3 The Owner shall have the right to accept alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents, and to determine the low bidder based on the sum of the base bid and alternates accepted.

7.4 The properly identified bids received on time will be opened publicly, via conference call, and will be read aloud. An abstract of the bids will be made available to bidders, via the

Bonfire portal.

ARTICLE 8 – POST-BID INFORMATION

8.1 The bidders to whom award of a contract is under consideration shall submit to the Owner the information required by this Article within ten (10) business days after notification of such status.

8.2 Bidder must demonstrate to the satisfaction of the Owner that he has adequate equipment, personnel, experience and understanding of the specifications to perform service under the contract, per the requirements in the “General Compliance” section of the Documents, if asked to provide by the Owner.

8.3 The Bidder shall, as soon as practicable after notification of selection for the award of the

Contract, furnish in writing to the Owner through the Engineer:

1. Names of the manufacturers, products and the suppliers of principal items or systems of materials and equipment proposed for the Work.

8.4 Bidder will be required to establish, to the satisfaction of the Engineer and Owner, the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the Bidding Documents.

8.5 Prior to the award of the Contract, the Engineer will notify the Bidder in writing if either the

Owner or Engineer, after due investigation, has reasonable objection to a person or entity proposed by the Bidder. If the Owner or Engineer has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder’s option, (1) withdraw the Bid, or (2) submit an acceptable substitute person or entity with an adjustment in the Base Bid or Alternate

Bid to cover the difference in cost occasioned by such substitution. The Owner may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited.

8.6 Persons and entities proposed by the Bidder and to whom the Owner and Engineer have made no reasonable objection must be used on the work for which they were proposed and shall not be changed except with the written consent of the Owner and Engineer.

ARTICLE 9 – FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

10.1 The Agreement for the Work will be written on EJCDC Document C-520, Suggested Form of Agreement Between Owner and Contractor, Stipulated Price.

END OF INSTRUCTIONS TO BIDDERS

GENERAL SPECIFICATIONS

SCOPE:

The City of Owensboro is seeking a qualified contractor to provide all labor, material, equipment, incidentals and supervision needed to complete asphalt maintenance projects.

VENDOR REGISTRY:

The bid/contract documents and all addenda can be downloaded from the City’s online Bonfire portal at https://owensboro.bonfirehub.com. Once registered, bidders can download all bid/contract documentation.

FUNDING FOR THE PROJECT:

This project is being funded through the City of Owensboro’s General Fund. Funding is limited.

The City reserves the right to reject any and all bids based on availability of funds. The City also reserves the right to deduct items from the list during the project due to availability of the funds.

COMPLETION DATES:

The Contractor shall note the following completion dates:

Final completion for the Base Bid Items shall be on or before June 30, 2026.

WORK TIMES:

The Bidder shall note the following requirement for work times:

Contractor is to work on locations Monday thru Friday 6 AM to 6 PM local prevailing time for the following locations: The Greenbelt Trails, Chautauqua Park, Jack C. Fisher Park, Fire Station #4, Fire Station #5, and Southern Little League.

Contractor shall note large and small parking lots at Jack C. Fisher Park shall be done at different times. Contractor will not be allowed to close both lots at the same time.

Contractor is to work on locations Saturday and/or Sundays 6 AM to 6 PM local prevailing time for the following locations: Kamuf and Yewells Parking Lot.

Contractor is to provide a week notice for all locations. The Contractor shall coordinate their work schedule with the Owner. A construction schedule shall be presented to the

City Engineer for approval.

LIQUIDATED DAMAGES:

The Bidder agrees to pay, as liquidated damages, the sum of Seven Hundred and Fifty

Dollars ($750) per calendar day for every consecutive calendar day past the respective completion dates for the Base Bid. The City shall have the right to deduct out of any retainage these monies owed by the Contractor to the City. If the monies owed at the end of the project are in excess of the amount being retained, then the Contractor shall pay to the City the balance due.

ABILITY OF CONTRACTOR TO DO WORK:

The Prime Contractor must perform a minimum of 51% of the labor on this project. Any Sub- Contractors must be listed on the forms provided. These Sub-Contractors will be held to the same level of service as the Contractor.

GENERAL COMPLIANCE:

Please read these instructions carefully.

“OR EQUAL”: It is not the intention of the specifications contained herewith to eliminate any bidder; however, quoted items must EQUAL or exceed stated specifications. PLEASE NOTE:

Any brand name mentioned within this bid document are descriptive, but NOT restrictive, unless otherwise specified. Bids on equivalent items meeting the standards of quality indicated will be considered, providing the bid clearly describes the article offered and indicates how it differs from the referenced brands. Descriptive literature or manufacturer’s specifications, plus any supplemental information necessary for comparison purposes should be submitted with the bid, or the bid on that item may be rejected. Reference to literature submitted with a previous bid or on file with the City’s Purchasing Department will not satisfy this requirement. The burden is on the bidder to demonstrate the item bid is equivalent to the item specified in this RFB.

ALTERNATE BIDS: Separate pricing options for different scopes of work outside the base bid scope must be approved by the City at least 7 days before bid opening to be considered.

BIDDER’S EXCEPTIONS: Any deviation from the specification or where submitted literature does not fully support meeting the specification(s), must be clearly cited on the attached page labeled “Exceptions to Bid Specifications.” No deviation below “minimum” specifications will be accepted.

BID SUBMISSION: Bids must be submitted through the online Bonfire Portal at:

https://owensboro.bonfirehub.com. Submissions by other methods will not be accepted.

Minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox.

(Javascript and browser cookies must be enabled.)

Contractors should contact the Bonfire Support team at Support.Bonfire@eunasolutions.com for technical questions. Contractors can also visit Bonfire’s help forum at https://vendorsupport.gobonfire.com/hc/en-us.

Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Portal. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible to be evaluated.

All submission documentation shall become the property of the City and will not be returned to the bidder, unless an agreement in writing is secured before the bid is submitted to the City.

At the time of bid submission, each bidder will be presumed to have read and to be thoroughly familiar with the bid specifications and requirements (including all Addenda, Public Q&A, and https://owensboro.bonfirehub.com/ mailto:Support.Bonfire@eunasolutions.com https://vendorsupport.gobonfire.com/hc/en-us

Public Notices). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect to his bid.

A conditional or qualified bid will not be accepted.

BID OPENING: All submissions are due prior to the scheduled bid opening as shown on the

Bonfire portal. The bid opening will be held via a Microsoft Teams meeting. Teams link and information can be found in the events section of the Bonfire portal.

METHOD OF PROCUREMENT: Competitive Sealed Bidding (KRS 45A.365) will be the method of procurement for the purchase of the item(s) specified herein.

KENTUCKY OPEN RECORDS LAW: At the time a bid or proposal is submitted to the City, contractors shall identify any information that is submitted as part of the bid that is proprietary or confidential in nature and not subject to release for public inspection. The City will protect any proprietary or confidential information to the extent allowable under the Kentucky Open Records

Act.

NEW GOODS, FRESH STOCK: Unless otherwise specifically stated, all Contractors shall provide new commodities, fresh stock, latest model, design or package.

METHOD OF AWARD: This bid will be evaluated on the evaluation criteria established in the bid specifications.

The City reserves the right to accept or reject any and all bids received, to take exception to these bid specifications, or to waive any informalities, to negotiate all terms and conditions, or to cancel or amend in part, or entirety, this bid. The right is also reserved to award bids based on the best interest and/or most advantageous to the City. The City reserves the right to consider as a part of the bid evaluation the stated warranty, stated delivery schedule, and payment terms.

PRICING: All prices shall be quoted exclusive of any taxes. The City is exempt from Federal excise, transportation and/or Kentucky sales tax. Any items supplied directly to the City from a supplier/manufacturer are exempt from sales tax. Any items purchased by a contractor that will be used in the fulfillment of a contract are not exempt from sales tax.

In case of a discrepancy in the extension of a unit price, the unit price shall govern the total price.

Bidders must provide manufacturer’s product literature if available and appropriate with the bid submission.

Prices quoted shall remain firm and open to acceptance by the City for a minimum period of sixty (60) days after bid opening.

WARRANTY: One year workmanship warranty (minimum) with manufactured material warranty stated.

SHIPPING CHARGES: All items quoted shall be “F.O.B. Destination”. No additional freight charges will be allowed.

DELIVERY SCHEDULE: Delivery date shall be specified on each item quoted. The Contractor will be expected to fulfill the delivery as specified.

PAYMENT: The bid must clearly state the payment terms, including prompt payment discounts and payment due dates. Discounts should be figured into the unit price of the quoted item. The

City reserves the right to select the most beneficial terms.

Not later than the tenth day of each calendar month the owner will make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under the contract, but to insure the proper performance of the contract, the Owner shall retain ten percent (10%) of each estimate until final completion and acceptance of all work covered by this contract. The Contractor shall submit his estimate not later than the 25th day of the month to receive payment on the tenth day of the following month. Upon completion and acceptance of each separate project or other division of the contract for which the price is stated separately, payment may be made in full including the retained percentage.

The Contractor may apply for a reduction of the retainage from 10% to 5% once the project is more than 50% complete. The reduction of the retainage shall be at the sole discretion of the

City. The Contractor may also petition the City for payment of the retainage above 5% held during the initial 50% of the project.

The Contractor agrees that he will indemnify and hold Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of the contract. The Contractor shall, at the Owner’s request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, the Owner may, after unpaid bills, for which the Owner has written notice, direct, or withhold from the Contractor’s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that liabilities have been fully discharged whereupon payment to the Contractor shall be resumed in accordance with the contract terms. However, in no event shall the provisions of the above statement be construed to impose any obligations upon the Owner to the Contractor or his surety. In paying any unpaid bills of the Contractor the Owner shall be deemed the agent of the Contractor and any payment so made by the Owner shall be considered as a payment made under the contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for such payments made in good faith.

Final acceptance of payment by the Contractor shall be and shall operate as a release to the

Owner of all claims and all liability to the contractor for all things done or furnished in connection with this work and for every act and neglect of the owner and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties, from any obligation under the contract or the performance and payment bonds.

FAILURE TO PERFORM: Any contractor awarded a contract who fails to fulfill all obligations on this contract may be disqualified from bidding on any City procurement opportunity for a period of up to five (5) years.

Should the contractor fail to perform as indicated herein the City reserves the right to procure the required services elsewhere at its discretion, either temporarily or permanently, and to either suspend or cancel all or part of the contract. Should such action be taken the contractor shall be responsible for all excess costs incurred by the City.

RIGHT TO TERMINATE CONTRACT: In the event that any of the provisions of the contract are violated by the Contractor, or by any of his Subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the Contract, such notices to contain the reasons for such intention to terminate the contract, and unless within ten (10) day after the serving of such notice upon the contract, such violation or delay shall cease and satisfactory arrangements of correction be made, the contract shall upon the expiration of said ten (10) days, cease and terminate. In the event of such termination, the owner shall immediately serve notice thereof upon the surety and the Contractor and the Surety shall have the right to take over and perform the contract; provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and prosecute the same to completion by contract or by force account for the account and at the expense of the Contractor and the Subcontractor and his Surety shall be liable to the Owner for any excess cost occasioned by the Owner thereby and in such event the Owner may take possession of and utilize in completing the work, such material, appliances and plant as may be on the site of the work and necessary therefore.

The Owner may terminate this contract at any time by giving at least ten (10) days notice in writing to the Contractor. If the contract is terminated by the Owner as provided herein, the

Contractor will be paid for the time provided and expenses incurred up to the termination date.

If this contract is terminated due to the fault of the Contractor, the above paragraph relative to termination shall apply.

SAFETY: The contractor must perform work in a safe and timely fashion, maintain a clean and safe work environment, follow safety requirements established by OSHA and the City, and may be required to provide safety equipment. If, in the opinion of the City, safety precautions are not in existence, work will cease immediately until corrective action is taken. Work will begin again only when the contractor demonstrates to the satisfaction of the City that conditions are without risk. The contractor is responsible for any damage to the work area and/or surrounding areas.

BID SECURITY: Each bid must be accompanied by cash, Cashier’s Check, or a Bid Bond duly executed by the Bidder as principal and having as surety thereon a surety company approved by the City, in the amount of five percent (5%) of the bid. Such checks will be returned promptly after the City and the accepted Bidder have executed the contract, or if no award has been made within sixty (60) days after the date of the opening of bids, upon demand of the Bidder any time thereafter, as long as he has not been notified of the acceptance of his bid. Please Note: Personal Checks and Business Checks are not allowed.

The successful Bidder upon failure or refusal to execute and deliver the contract and bonds required within ten (10) days after receipt of notice of acceptance of bid, shall forfeit to the City the security deposited with his bid as damages for such failure or refusal.

Furthermore, any Vendor awarded a contract who fails to fulfill all obligations on this contract may be disqualified from bidding on any City bids for a period of up to five (5) years.

PERFORMANCE BONDS: The Contractor will be required to furnish a 100% Performance

Bond. Bond shall be furnished within ten (10) working days after receipt of award notification.

Should the Contractor fail to perform as indicated herein the City reserves the right to procure the required services elsewhere at its discretion, either temporarily or permanently, and to either suspend or cancel all or part of the contract. Should such action be taken, the Contractor shall be responsible for all excess costs incurred by the City. In addition, should the Contractor fail to perform as indicated herein the Performance Bond may be forfeited in part or in its entirety.

PAYMENT BONDS: The Contractor will be required to furnish a payment bond in an amount equal to 100% of the contract amount to assure payment as required by any or all persons supplying labor and materials in the execution of the work provided herein. Bond shall be furnished within ten (10) working days after receipt of award notification.

Attorneys-in-fact who sign Bid Bonds, Payment Bonds, or Performance Bonds must file with each bond a certified and effective dated copy of their power of attorney.

INSURANCE REQUIREMENTS: The successful bidder and all subcontractors covenant and agree to maintain and keep in force during the term of the contract worker’s compensation, property, casualty, and general liability in the following minimum amounts:

Type of Insurance Limits

Worker’s Compensation Statutory

Commercial General Liability $1,000,000 (per occurrence)/$2,000,000 (aggregate)

Commercial Automobile Liability $1,000,000 CSL

On all general and automobile liability policies of insurance, as primary and non-contributory, contractors shall have the City named as an additional insured and shall further require that their liability carrier(s) notify the City at least thirty (30) days prior to the effective date of any change(s) in or cancellations of said insurance policies. A waiver of subrogation shall also be provided for all insurance policies, as allowed by law. A current copy of bidder’s insurance certificate providing proof of insurance as stated above must be on file in the Purchasing

Department prior to bid award. Submission of insurance certificate copy may be included with the bid package.

HOLD HARMLESS AGREEMENT: The contractor/subcontractor covenants to save, defend, keep harmless, and indemnify the City and all of its officers, departments, agencies, agents, and employees from and against all claims, loss, damage, injury, fine, penalties, and costs including court costs and attorney’s fees, charges, liability, and exposure however caused resulting from, arising out of, or in any way connected with the contractor’s/subcontractor’s negligent performance or non-performance of the terms of the contract.

BIDDER’S QUALIFICATIONS: The contractor must demonstrate to the satisfaction of the City that it has adequate equipment, personnel, experience and understanding of the specifications to perform service under the contract.

No contract will be awarded to any bidder who, in the opinion of the City, is not qualified to perform satisfactorily due, but not limited, to the following:

• A previously unfavorable performance

• Reputation or lack of experience

• Organizational stability

• Insufficient Equipment

• Insufficient Personnel to conduct and complete the services in accordance with the terms and conditions of the contract.

The City may make such investigations as deemed necessary to determine the ability of the

Bidder to perform the work, and the Bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the agreement and to complete the work contemplated therein.

Successful bidder must comply with the City Occupational License Fees ordinance, and any other ordinances which may apply to any particular bid package.

BUSINESS LICENSE: Awarded contractor must obtain a business license from the City.

1. Resident contractor must have a valid City business license.

2. Non-resident contractor providing services, delivering products via a private carrier (as defined below), or delivering products via contractor’s employees must have a valid City business license.

Non-resident contractor does not have to obtain a business license if the contractor spends less than twelve (12) hours or twelve (12) visits per year for the purpose of reporting, delivering and receiving instructions.

Non-resident contractor does not have to obtain a business license if the contractor acquires merchandise by using the Kentucky Master Agreement (unless the Master

Agreement requires local licensing).

Resident: An individual, co-partnership, association, corporation or other entity domiciled or having a business situs within the corporate limits of the city.

Nonresident: An individual, corporation, partnership, fiduciary, association or other entity domiciled outside the corporate limits of the city.

The business license application and applicable fees can be found under the “Occupational/Net

Profit License Fee Forms” at the following link: https://www.owensboro.org/departments/finance.

The contractor has 10 business days from the date on the award letter to submit the application and applicable $75 fee.

SUBCONTRACTORS: Any subcontractors who may be employed by the prime contractor to fulfill the terms of the contract must be listed on the page entitled “Subcontractors Registry

Page” located in the Bonfire portal. Subcontractors must adhere to the same requirements as the prime contractors.

EQUAL OPPORTUNITY STATUTES: The City is an equal opportunity employer and does not discriminate based on race, color, religion, sex, national origin, age, marital status, physical or mental disability, or any other characteristic protected by law. The City is also committed to employing only United States citizens and aliens who are authorized to work in the United

States. The City complies with the Immigration Reform and Control Act of 1986. Therefore, the successful bidder must demonstrate to the satisfaction of the City that he also conforms to all

Federal, state, and local equal opportunity statutes. Further, the contractor will reimburse the

City for any damages incurred due to any violation of the above-mentioned statutes by the contractor while under contract to the City.

ADDENDA AND INTERPRETATIONS: No interpretation of the meaning of the plans, specifications or other bid documents will be made to any bidder orally.

Any communication related to solicitations, including the posting of Addenda, will be available at https://owensboro.bonfirehub.com. Any questions can be asked through the available “Ask A

Question” button within the solicitation in the Bonfire portal. Contractors must be registered and logged in to ask questions and should contact the Bonfire Support team at

Support.Bonfire@eunasolutions.com, if they have any issues.

To be given consideration, questions/clarification requests must be received 7 days before the bid due date. The “question due date” is also displayed on the Bonfire portal. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his/her bid as submitted. All addenda so issued, or answer(s) posted through the Bonfire portal shall become part of the contract documents.

SECURITY CLAUSE: In accordance with KRS 61.932, any party that contracts with the City and has access to, possesses, or maintains “personal information,” as a part of that contract, shall implement, maintain, and update security and breach investigation procedures and practices that are appropriate to the nature of the information disclosed. Such procedures and practices shall be designed to protect the personal information from unauthorized access, use, modification, disclosure, manipulation, or destruction and shall be at least as stringent as the security and breach investigation procedures and practices established by the Kentucky

Department for Local Government in Protection of Personal Information, Security and Incident

Investigation Procedures and Practices for Local Governmental Units, Fall 2014 edition.

A Contractor that is provided access to personal information by the City, or that collects and maintains personal information on behalf of the City as a part of this contract shall notify the City https://www.owensboro.org/departments/finance mailto:Support.Bonfire@eunasolutions.com in the most expedient time possible and without unreasonable delay but within seventy-two (72) hours of determination of a security breach relating to the personal information in the possession of the Contractor. The notice to the City shall include all information the Contractor has with regard to the security breach at the time of notification. The cost of the notification and investigation of a security breach required by KRS 61.933 shall be borne by the Contractor.

The term "personal information" means an individual's first name or first initial and last name;

personal mark; or unique biometric or genetic print or image, in combination with one (1) or more of the following data elements:

(a) An account number, credit card number, or debit card number that, in combination with any required security code, access code, or password, would permit access to an account;

(b) A Social Security number;

(c) A taxpayer identification number that incorporates a Social Security number;

(d) A driver's license number, state identification card number, or other individual identification number issued by any agency;

(e) A passport number or other identification number issued by the United States government; or

(f) Individually identifiable health information as defined in 45 C.F.R. sec. 160.103 except for education records covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. sec. 1232g.

**A copy of the Protection of Personal Information Security and Incident Investigation Procedures and Practices for Local Government Units can be viewed at http://bit.ly/2J9Cmwrt.

CONFLICTS OF INTEREST: All bidders are responsible for complying with the following

KRS 45A.455: “Conflicts of Interest - Gratuities and Kickbacks - Use of Confidential

Information.”

It shall be a breach of ethical standards for any employee with procurement authority to participate directly in any proceeding or application; request for ruling or other determination;

claim or controversy; or other matter pertaining to any contract or subcontract, and any solicitation or proposal therefore, in which to his knowledge:

He, or any member of his immediate family has a financial interest therein; or a business or organization in which he or any member of his immediate family has a financial interest as an officer, director, trustee, partner, or employee, is a party; or any other person, business, or organization with whom he or any member of his immediate family is negotiating or has an arrangement concerning prospective employment is a party. Direct or indirect participation shall include but not be limited to involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or any other advisory capacity.

http://bit.ly/2J9Cmwr

It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment, in connection with any decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling or other determination, claim or controversy, or other matter, pertaining to any contract or subcontract and any solicitation or proposal therefor.

It is a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

The prohibition against conflicts of interest and gratuities and kickbacks shall be conspicuously set forth in every local public agency’s written contract and solicitation, therefor.

It shall be a breach of ethical standards for any public employee or former employee knowingly to use confidential information for his actual or anticipated personal gain, or the actual or anticipated personal gain of any other person.

For further information on the conflict-of-interest statutes, see the “Recovery of Value of

Anything Transferred or Received in Breach of Ethical Standards” at KRS 45A.460, and

“Definitions for Terms Used in KRS 45A.445 to 45A.460” at KRS 45A.445.

CLAIMS FOR EXTRA WORK: No claim for extra work shall be submitted unless such extra work has been approved by the Engineer or his duly authorized representative. Approval of extra work shall be obtained in writing prior to removal of existing facilities. Any facility that has been damaged and/or removed and not approved by the Engineer shall be repaired/replaced by the Contractor at no additional cost to the City of Owensboro.

Charges or credits for the work covered by the approved change shall be determined by one or more, or a combination of the following methods;

a) Unit bid prices previously approved

b) An agreed upon lump sum

c) The actual cost of labor, including foreman, materials entering permanently into the work, the ownership or rental cost of construction plant and equipment during the time of use on the extra work, power and consumable supplies for the operation of power equipment, insurance and other mandatory payroll taxes.

No claim for extra work or cost shall be allowed unless the same was done pursuance of a written order of the City Engineer and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of (c) above, the

Contractor shall furnish satisfactory bills, payrolls, and vouchers covering all items of cost and when requested by the Owner give the Owner access to accounts relating thereto.

END OF GENERAL SPECIFICATIONS

SPECIFICATIONS

GENERAL: A list of locations and specific maps shall be furnished. All existing pavement markings shall be re-installed per existing. The contractor shall be responsible for field inspection and measurements prior to submitting a bid.

SPECIFIC PAVEMENT SURFACE PREPARATION: All vegetation shall be removed from the surface of areas scheduled to be sealed. All oil spots shall be properly cleaned, dried and coated with an oil spot primer certified by the sealcoat manufacturer for compatibility with the sealcoating material.

NOTE: To ensure sealer adhesion and prevent bleeding, primers containing organic solvents are not acceptable. All loose debris, dirt, and particles shall be removed prior to applying sealer to scheduled areas. Clean grease, oil, mud, dust, dirt, grass, loose gravel, or other deleterious material from the surface where pavement markings are to be applied. Mudded areas shall be thoroughly scraped and carefully pressure washed with clean water. Time must be allowed for the surface to dry. Use only Engineer approved cleaning methods.

CRACK FILLING: Cracks shall be properly cleaned using a 2500 - 3000 degree heat lance and filled with hot pour rubberized crack filler.

NOTE: No crack filling on tight hairline or open alligator crack pattern areas. All cracks 1/8’’or larger in width shall be filled. Crack filler shall be SealMaster Crackmaster Parking Lot Grade or approved equal. Crack sealant shall be compatible with sealcoating material.

MELTER APPLICATION: The melter applicator unit shall be a self contained double boiler device with the transmittal of heat through heat transfer oil having a minimum flash point of 600° F. It must be equipped with an on-board automatic heat controller device to permit the attainment of a predetermined temperature, then, maintain that temperature as long as required.

The unit shall also have a means to vigorously and continuously agitate the sealant.

The sealant shall be applied to the pavement under pressure supplied by a positive displacement pump with a direct connecting pressure type extruding device. The pump shall have sufficient pressure to displace designated sealant at a rate of at least three (3) gallons per minute.

TRAILS AND PARKING LOT SEALER MATERIAL/APPLICATION: Asphalt sealcoating material shall be SealMaster Coal Tar Concentrate Pavement Sealer (SMT-100) or approved equal. Sealcoating shall be a Coal Tar refined pitch emulsion for coating bituminous pavement.

Asphalt Emulsion sealcoat material is not acceptable. The sealcoating shall be applied in two coats per manufacturer recommendations at a rate of 0.11-0.13 gallons/square yard (70-82 square feet per gallon) per coat. The first coat shall be allowed to dry sufficiently to withstand light vehicular and pedestrian traffic without damaging or scuffing before applying the second coat. After the application of the second coat, allow the coating to cure at least 20-24 hours under good drying conditions prior to opening to traffic. The physical properties and constants according to ASTM D5727-00. The material shall be homogenous and show no separation or coagulation of components that cannot be overcome by moderate stirring. It shall be capable of complete coverage, by squeegee, brush or by approved mechanical methods, to the surface of bituminous pavements per manufacturer recommendations. The emulsion shall be prepared from straight run high temperature coke-oven tar conforming to requirements of ASTM D 490.

Petroleum tar and oil and water gas tars shall not be used even though they comply with ASTM D 490. Both surface and ambient temperature shall be a minimum of 50°F. Temperature shall not drop below 50°F in a 24 hour period following application.

PERMANENT PAVEMENT STRIPING: Reconstruct all pavement markings per existing. Paint shall be Sherwin-Williams Hotline Fast Dry Latex Traffic Marking Paint or equivalent.

MATERIALS: All materials shall be submitted to the City for review and approved prior to work commencing. The contractor shall comply with all Manufacturer product specifications.

INSPECTION: All work shall be subject to inspection prior to applying crack filler, primers, and finish coatings. The Project Manager for the City of Owensboro shall be contacted within 72 hours of starting any phase of the project. This will also allow ample time for making any public notifications regarding use of areas in repair. A test sample shall be drawn from every batch of coating material before application commences. NOTE: Material samples drawn by City of Owensboro Inspector.

EXECUTION: No surface coatings shall be applied prior to May 1, and must conclude no later than October 15, unless otherwise approved by the project manager for the City of Owensboro.

Contractor may start earlier with the heat lance and crack filling process.

END OF SPECIFICATIONS

EJCDC C-700 Standard General Conditions of the Construction Contracts

Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling

Law.

OF THE CONSTRUCTION CONTRACT

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

and

Issued and Published Jointly By

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

a practice division of the

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

AMERICAN CONSULTING ENGINEERS COUNCIL

AMERICAN SOCIETY OF CIVIL ENGINEERS

This document has been approved and endorsed by

The Associated General Contractors of America and the

Construction Specification Institute

These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (Nos. C-

520 or C-525, 2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-001, 2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800, 2002

Edition).

TABLE OF CONTENTS Page

Article 1 – Definitions and Terminology

1.01 Defined Terms

1.02 Terminology

Article 2 – Preliminary Matters

2.01 Delivery of Bonds and Evidence of Insurance

2.02 Copies of Documents

2.03 Commencement of Contract Times; Notice to Proceed

2.04 Starting the Work

2.05 Before Starting Construction

2.06 Preconstruction Conference

2.07 Initial Acceptance of Schedules

Article 3 – Contract Documents: Intent, Amending, Reuse

3.01 Intent

3.02 Reference Standards

3.03 Reporting and Resolving Discrepancies

3.04 Amending and Supplementing Contract Documents

3.05 Reuse of Documents

3.06 Electronic Data

Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points

4.01 Availability of Lands

4.02 Subsurface and Physical Conditions

4.03 Differing Subsurface or Physical Conditions

4.04 Underground Facilities

4.05 Reference Points

4.06 Hazardous Environmental Condition at Site

Article 5 – Bonds and Insurance

5.01 Performance, Payment, and Other Bonds

5.02 Licensed…