10-RFB 4462 - Various Fencing Projects - FINAL.pdf

RFB # 4462

Various Fencing Projects

TABLE OF CONTENTS

INSTRUCTIONS TO BIDDERS

GENERAL COMPLIANCE

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, Specifications, Standard General Conditions, Bid Form, Exhibits and other sample bidding and contract forms, Agreement between the Owner and Contractor, and all Addenda issued prior to execution of the Agreement.

1.2 Addenda are written or graphic instruments and are issued by the Purchasing Manager prior to the execution of the Agreement 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: Various Fencing Projects

2.2 Project location: Various Locations

2.3 Project description: To replace various fencing projects throughout the city with the following specifications.

2.4 Owner: City of Owensboro (“City”)

101 E. Fourth Street Owensboro, KY 42303

Contact Name for Site Access During Bidding: Joe Welsh Phone: 270-687-8341

2.5 Project questions during bidding: Submit questions via the “Ask A Question” button within the 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 does so only for the purpose of obtaining bids on the work and does 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; the Owner does not assume 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 Owner errors, inconsistencies, or ambiguities discovered.

4.5 Bidders requiring clarification or interpretation of the Documents shall make a written request via the "Q & A" section in Bonfire by the timeframe 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, via the "Q & A" section within Bonfire 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 Owner and shall be final.

4.9 Substitutions approved prior to receipt of bids will be set forth in an Addendum or as "answers" in the "Q & A" section within Bonfire. Bidders shall not rely upon approvals made in any other manner. No substitutions will be considered after the Bid 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, including answers in the "Q & A" section within Bonfire, and the Bidder shall acknowledge their receipt in the Bid.

ARTICLE 5 – PRE-BID INFORMATION

5.1 A pre-bid conference call is scheduled for 10:00AM prevailing local time on January 20, 2026, via a Microsoft Teams link (which can be found on the Bonfire Portal, under this project). Although this conference call is not mandatory, attendance is strongly encouraged. The Contractor shall be held responsible for all information discussed and all requirements therefrom, which will be issued in the subsequent addendum or Q/A section in the Bonfire portal.

ARTICLE 6 – BIDDING PROCEDURES

6.1 Bids must be submitted through the online Bonfire Portal at:

https://owensboro.bonfirehub.com.

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

6.3 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.

6.4 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.

6.5 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.

6.6 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.

6.7 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.

6.8 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.

6.9 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.

6.10 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:

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 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 Agreement, the Owner will notify the Bidder in writing if the Owner, after due investigation, has reasonable objection to a person or entity proposed by the Bidder. If the Owner 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 has 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.

ARTICLE 9 – FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

9.1 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 COMPLIANCE

Please read these instructions carefully.

SCOPE: The City of Owensboro (“City”) is seeking a qualified contractor to provide all labor, material, equipment, incidentals and supervision needed to replace various fencing projects throughout the city.

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.

“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.

SUBSTITUTION REQUESTS: Substitution requests shall be submitted via the “Q&A” section, under the solicitation, in Bonfire at least 7 days before bid opening to be considered. All approved substitution requests will be posted via an Addendum or as an answer under the “Q&A” section in Bonfire.

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 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.

Payments shall be made based on completed work throughout 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 an agreement who fails to fulfill all obligations on this agreement 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 AGREEMENT: 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 Contractor 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 BOND: 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 BOND: 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 covenants and agrees 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.

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 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.

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.

END OF GENERAL SPECIFICATIONS

SPECIFICATIONS

DAMAGE TO ADJACENT FACILITIES OR PRIVATE PROPERTY: The Contractor shall be required to conduct the work in a manner so as to avoid damaging existing utilities, manholes, valve boxes and/or other utility boxes, curbs, gutters, sidewalks, sidewalk ramps, mail boxes, and private property and appurtenances that may be within or adjacent to the work area. The Contractor shall notify the Owner immediately if any damage occurs. It shall be the Contractor’s responsibility to repair or replace any such items damaged by his work or neglectful practices, at no additional cost to the City of Owensboro.

PROTECTION OF WORK: The Contractor shall be responsible to erect sufficient barricades, signage, etc., as applicable, to protect his work from damage. Any work damaged due to improper protection measures shall be repaired and /or removed and reconstructed at no additional cost to the City of Owensboro.

• Eastern Little League diamond 1, Chautauqua exterior fence on Parrish Ave o Remove and replace the old fence at each location with the same height, same way, galvanized chain link fence with 9 gauge wire.

• Dugan Best o Replace fencing, per drawing as shown in the Bonfire portal, under RFB 4462.

• Thompson Berry o Remove and dispose approximately 1,050’ of existing chain link fencing.

o Install approx. 3,900’ of 6’ commercial, 9-gauge galvanized chain link fencing, including all necessary components—posts, post caps, rails, tension bands, fence ties, etc.

o Install (5) sets of commercial galvanized double drive gates (12’), including all necessary components—3” gate posts, commercial hinges, commercial drop latch, etc.

o fence and gate posts in concrete o We need to verify placement of fence & gate posts—all in the grass, in concrete sidewalk/ swale, or combination of both.

o Need to consider play and maintenance (mowing, weedeating).

o Completion date by March 1, 2026.

o League typically begins play at this time, weather permitting.

o Alternate

Install approx. 1,050’ of 6’ commercial 9-gauge galvanized chain link fencing, including all necessary components—posts, post caps, rails, tension bands, fence ties, etc.

Install approx. 2,850’ of 6’ commercial black vinyl-coated chain link fencing, including all necessary components—posts, post caps, rails, tension bands, fence ties, etc.

Install (5) sets of commercial black vinyl-coated double drive gates (12’), including all necessary components—3” gate posts, commercial hinges, commercial drop latch, etc.

Need to maintain the 10’-12’ path on the southeast corner to allow for maintenance vehicles/ equipment and neighborhood foot traffic access from Wandering Ln/ Yellowstone Dr.

• Restore grounds to preexisting conditions if damages occur.

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 Sureties and Insurers

5.03 Certificates of Insurance

5.04 Contractor’s Liability Insurance

5.05 Owner’s Liability Insurance

5.06 Property Insurance

5.07 Waiver of Rights

5.08 Receipt and Application of Insurance Proceeds

5.09 Acceptance of Bonds and Insurance; Option to Replace

5.10 Partial Utilization, Acknowledgment of Property Insurer

Article 6 – Contractor’s Responsibilities

6.01 Supervision and Superintendence

6.02 Labor; Working Hours

6.03 Services, Materials, and Equipment

6.04 Progress Schedule

6.05 Substitutes and “Or-Equals”

6.06 Concerning Subcontractors, Suppliers, and Others

6.07 Patent Fees and Royalties

6.08 Permits

6.09 Laws and Regulations

6.10 Taxes

6.11 Use of Site and Other Areas

6.12 Record Documents

6.13 Safety and Protection

6.14 Safety Representative

6.15 Hazard Communication Programs

6.16 Emergencies

6.17 Shop Drawings and Samples

6.18 Continuing the Work

6.19 Contractor’s General Warranty and Guarantee

6.20 Indemnification

6.21 Delegation of Professional Design Services

Article 7 – Other Work at the Site

7.01 Related Work at Site

7.02 Coordination

7.03 Legal Relationships

Article 8 – Owner’s Responsibilities

8.01 Communications to Contractor

8.02 Replacement of Engineer

8.03 Furnish Data

8.04 Pay When Due

8.05 Lands and Easements; Reports and Tests

8.06 Insurance

8.07 Change Orders

8.08 Inspections, Tests, and Approvals

8.09 Limitations on Owner’s Responsibilities

8.10 Undisclosed Hazardous Environmental Condition

8.11 Evidence of Financial Arrangements

Article 9 – Engineer’s Status During Construction

9.01 Owner’s Representative

9.02 Visits to Site

9.03 Project Representative

9.04 Authorized Variations in Work

9.05 Rejecting Defective Work

9.06 Shop Drawings, Change Orders and Payments

9.07 Determinations for Unit Price Work

9.08 Decisions on Requirements of Contract Documents and Acceptability of Work

9.09 Limitations on Engineer’s Authority and Responsibilities

Article 10 – Changes in the Work; Claims

10.01 Authorized Changes in the Work

10.02 Unauthorized Changes in the Work

10.03 Execution of Change Orders

10.04 Notification to Surety

10.05 Claims

Article 11 – Cost of the Work; Allowances; Unit Price Work

11.01 Cost of the Work

11.02 Allowances

11.03 Unit Price Work

Article 12 – Change of Contract Price; Change of Contract Times

12.01 Change of Contract Price

12.02 Change of Contract Times

12.03 Delays

Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work

13.01 Notice of Defects

13.02 Access to Work

13.03 Tests and Inspections

13.04 Uncovering Work

13.05 Owner May Stop the Work

13.06 Correction or Removal of Defective Work

13.07 Correction Period

13.08 Acceptance of Defective Work

13.09 Owner May Correct Defective Work

Article 14 – Payments to Contractor and Completion

14.01 Schedule of Values

14.02 Progress Payments

14.03 Contractor’s Warranty of Title

14.04 Substantial Completion

14.05 Partial Utilization

14.06 Final Inspection

14.07 Final Payment

14.08 Final Completion Delayed

14.09 Waiver of Claims

Article 15 – Suspension of Work and Termination

15.01 Owner May Suspend Work

15.02 Owner May Terminate for Cause

15.03 Owner May Terminate For Convenience

15.04 Contractor May Stop Work or Terminate

Article 16 – Dispute Resolution

16.01 Methods and Procedures

Article 17 – Miscellaneous

17.01 Giving Notice

17.02 Computation of Times

17.03 Cumulative Remedies

17.04 Survival of Obligations

17.05 Controlling Law

17.06 Headings

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda – Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement – The written instrument which is evidence of the agreement between Owner and Contractor covering the Work.

3. Application for Payment – The form acceptable to Owner which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. Asbestos – Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.

5. Bid – The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

6. Bidder – The individual or entity who submits a Bid directly to Owner.

7. Bidding Documents – The Bidding Requirements and the proposed Contract Documents (including all Addenda).

8. Bidding Requirements – The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements.

9. Change Order – A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.

10. Claim – A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

11. Contract – The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.

12. Contract Documents – Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents.

Approved Shop Drawings, other Contractor’s submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents.

13. Contract Price – The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work).

14. Contract Times – The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Owner’s written recommendation of final payment.

15. Contractor – The individual or entity with whom Owner has entered into the Agreement.

16. Cost of the Work – See Paragraph 11.01.A for definition.

17. Drawings – That part of the Contract Documents prepared or approved by Owner which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.

18. Effective Date of the Agreement – The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the…