RFB # 4465

Storm Sewer Culvert Inspection

TABLE OF CONTENTS

INSTRUCTIONS TO BIDDERS

TECHNICAL SPECIFICATIONS

GENERAL COMPLIANCE

GENERAL CONDITIONS

INSTRUCTIONS TO BIDDERS

ARTICLE 1 – DEFINITIONS

1.1 The Award Letter, along with the RFB and awarded vendor’s bid submission (including any negotiations), becomes the Contract between the City and Awarded Vendor. The Contract is contingent upon submission of all applicable contract documentation, including but not limited to, certificate of insurance and business license. This is collectively the “Documents.”

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: Storm Sewer Culvert Inspection

2.2 Project location: Various locations.

2.3 Project description: To provide all labor, material, equipment, incidentals and supervision needed to complete noted storm sewer culvert inspection.

2.4 Owner: City of Owensboro (“City”)

101 E. Fourth Street Owensboro, KY 42303 Contact Name for Site Access During Bidding: Kevin Collignon Phone: 270-687-8646

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 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.

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.

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.

END OF INSTRUCTIONS TO BIDDERS

TECHNICAL SPECIFICATIONS

1. INTRODUCTION

The City of Owensboro invites sealed bids from qualified and experienced contractors to provide Storm Sewer Culvert Inspection Services consisting of closed-circuit television (CCTV) inspection, cleaning, and inspection report deliverables. Reference attached maps and bid form for specific locations.

2. SPECIFICATIONS

A. CCTV Inspection The Contractor shall provide closed-circuit television (CCTV) inspection services for stormwater pipes and culverts of varying sizes, materials, and configurations. All inspection activities shall be performed in full compliance with the NASSCO Pipeline Assessment Certification Program (PACP) standards. The following specifications shall apply and be incidental to the bid item for CCTV Inspection.

A.1 CCTV inspections shall be conducted by PACP-certified operators.

A.2 Contractor shall provide PACP-compliant defect identification, defect coding, and condition grading.

A.3 Contractor shall provide inspection logs and reports in accordance with current PACP reporting guidelines.

A.4 Contractor shall provide collection and submission of digital video files documenting each inspection segment.

A.5 Light Cleaning - The contractor shall perform routine jetting and flushing, light root cutting, and removal of minor obstructions. Jetting to include at least two (2) passes at 80 gallon per minute at 2000 PSI.

A.6 Traffic Control - All traffic control required for the performance of the work shall conform to the Kentucky Transportation Cabinet (KYTC) Standard Specifications for Road and Bridge Construction, latest edition, including all applicable KYTC Traffic Control Standard Drawings (TC Series), and the Manual of Uniform Traffic Control Devices (MUTCD), current edition. The contractor shall provide a traffic control plan prior to performing work.

The Contractor shall be responsible for furnishing, installing, maintaining, relocating, and removing all traffic control devices necessary to safely accommodate vehicular, pedestrian, and bicycle traffic for the duration of the work.

All traffic control, including but not limited to signage, cones, drums/barrels, channelizing devices, flaggers, and other temporary traffic control devices required to safely complete the work shall be considered incidental to the applicable inspection bid item, and no separate payment will be made.

The Contractor shall be responsible for furnishing, installing, maintaining, and removing all traffic control devices in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and applicable Kentucky Transportation Cabinet (KYTC) requirements.

A.7 Site Restoration - Upon completion of inspection, cleaning, and associated traffic control activities, the Contractor shall restore the work area to a condition equal to that which existed prior to the start of work. Site restoration shall include, but not be limited to, removal of all debris, equipment, and excess materials; re-securing and properly seating all manhole covers, grates, and access structures; and repair of any damage to pavements, shoulders, turf, sidewalks, landscaping, or other surface features resulting from the Contractor’s operations. All restoration work shall be performed in a manner acceptable to the City Engineer or designee and in accordance with applicable City of Owensboro standards.

A.8 Deliverables - For each project assignment, the Contractor shall provide the following deliverables:

1. CCTV inspection video files for all inspected pipe segments.

2. Written inspection logs and reports in accordance with NASSCO PACP defect coding and reporting standards.

3. GIS-compatible data files. The City will provide the GIS database, and the

Contractor shall format and incorporate all inspection data to ensure compatibility with the City’s system.

4. Identification of observed deficiencies and recommended remediation or repairs, if applicable.

5. A final report summarizing inspection findings.

B. Heavy Cleaning This bid item shall be for removal of significant debris, heavy root cutting, hardened deposits, or extended cleaning efforts beyond light cleaning. This bid item will be paid on an hourly basis.

Point repairs, excavation, or structural rehabilitation shall be addressed under a separate contract.

3. BID FORM

The City of Owensboro requests unit prices for the following services. All rates shall include labor, equipment, materials, proper disposal, overhead, profit, and all associated costs necessary to complete the work.

Unit prices shall be applied to the quantities shown in the Engineer’s Estimate for the specific sites identified therein. The Engineer’s Estimate is provided for bid evaluation purposes and to define the project locations. The City does not guarantee a minimum amount of work and actual quantities may be reduced or increased based on budget and field measurements.

END OF TECHNICAL SPECIFICATIONS

GENERAL COMPLIANCE

Please read these instructions carefully.

CONTRACTOR 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.

APPROVED EQUAL/SUBSTITUTION REQUEST: Where the specifications state “or approved equal,” the Bidder must submit a substitution request to the Owner, if he/she would like to offer a different brand/model to what is specified. Substitutions shall equal or exceed specifications, and requests are due at least 7 days prior to bid due date.

"OR EQUAL": Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturer's or contractor’s names, trade names, catalog numbers, etc., it is intended merely to establish a standard; and, any materials, article or equipment of other manufacturers and contractors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed, is, in the opinion of the Owner of equal substance and function.

INDICATION OF COMPLIANCE: Please fill in all spaces on all required forms. Blank spaces shall be considered non-compliance. 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.

At the time of bid submission, each bidder will be presumed to have inspected the site(s) and to have read and to be thoroughly familiar with the plans and the Documents (including any and all addenda). 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.

BID SECURITY: Not required.

BID SUBMISSION: All pages of the bid shall be signed in ink on designated signature lines.

Typed quotation sheets are preferred; however, if handwritten, the sheets must be legible and in ink. Any pricing information that is illegible may result in the rejection of the bid.

A conditional or qualified bid will not be accepted.

Bidders must satisfy themselves with the accuracy of the Documents by examination of the site and review of the drawings and specifications (including Addenda). After bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the nature of the work to be done.

Quotations must be made on the Bid Form provided. An accompanying letter of explanation is acceptable if the bidder deems it necessary, but only quotes made on the provided forms will be evaluated.

All Bids, any accompanying letters, forms, samples, pictures, catalogs, or any other pertinent material that accompanies the bid becomes the property of the City of Owensboro and will not be returned to the bidder unless an agreement in writing is secured before the bid is submitted to the City of Owensboro.

A signed completed copy 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://contractorsupport.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.

BID OPENING: All submissions are due prior to the scheduled bid opening as show 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, the Contractor 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 of Owensboro 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: Bids will be evaluated on the evaluation criteria established in the Documents of this Request for Bid (RFB).

The City of Owensboro reserves the right to accept or reject any and all bids received, to take exception to the RFB, or to waive any informalities, to negotiate all terms and conditions, or to cancel or amend in part, or in its entirety, this RFB. The right is also reserved to award bids based on the best interest and/or most advantageous to the City of Owensboro.

The award will be made to the lowest responsive and responsible bidder meeting specifications.

The City of Owensboro 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 of Owensboro 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 of Owensboro 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.

PAYMENT: The bid must clearly state the payment terms, including prompt payment discounts and payment due dates. Discounts should be figured in the unit price of the quoted item. The City of Owensboro reserves the right to select the most beneficial terms.

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 Bid 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 or products 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 OF OWNER TO TERMINATE CONTRACT: City may terminate a contract because a contractor fails to perform its contractual duties.

If a contractor is determined to be in default, City shall notify the contractor in writing and may either 1) terminate the contract immediately or 2) set a date by which the vendor shall cure the identified deficiencies. City may proceed with termination if the contractor fails to cure the deficiencies within the specified time.

A default in performance by a vendor for which a contract may be terminated shall include, but not be limited to:

• Failure to make delivery within the time specified or according to a delivery schedule fixed by the contract;

• Failure to diligently advance the work under a contract for services;

• Filing of a bankruptcy petition by or against the contractor; or

• Actions that endanger the health, safety or welfare of City or its citizens.

If, during the terms of this Contract, funds are not appropriated for the payment of the City’s obligations hereunder, the City’s rights and obligations herein shall terminate on the last day for which an appropriation has been made.

AT WILL TERMINATION: Notwithstanding the above provisions, the City may terminate this contract at will in accordance with the law upon providing thirty (30) days written notice of that intent. Payment for services or goods received prior to termination shall be made by the City provided those goods or services were provided in a manner acceptable to the City. Payment for those goods and services shall not be unreasonably withheld.

SAFETY: 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 of Owensboro, 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.

The Contractor further covenants to comply with all federal, state and local occupational safety and health laws and regulations.

BID SECURITY: Not required.

BONDS: Payment and Performance Bonds not required.

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, the Contractor 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. Awarded Bidder(s)/subcontractors shall have 10 business days from the Notice of Award to submit their certificate of insurance that meets this “insurance requirements” section.

HOLD HARMLESS AGREEMENT: The Contractor and subcontractors covenant to save, defend, keep harmless, and indemnify the City of Owensboro 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 and/or subcontractors’ negligent performance or non-performance of the terms of the Contract.

BIDDER’S QUALIFICATIONS: Bidder must demonstrate to the satisfaction of the City of Owensboro that he/she has adequate equipment, personnel, experience and understanding of the specifications to perform the 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 Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish with the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that he/she is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein.

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

BUSINESS LICENSE: Successful Contractor must obtain a business license from the City of Owensboro.

1.Resident Contractor must have a valid City of Owensboro 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 of Owensboro business license.

Non-resident Contractor does not have to obtain a business license if 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 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/page/finance-department. The successful Contractor has 10 business days from the date on the award letter to submit the application and applicable $75 fee.

EQUAL OPPORTUNITY STATUTES: The City of Owensboro 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 Contractor 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 of Owensboro for any damages incurred due to any violation of the above-mentioned statutes by the Contractor while under Contract to the City.

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” within this bid package. Subcontractors must adhere to the same requirements as the prime contractors.

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 displayed on the Bonfire portal. Failure of any bidder to receive any such addendum or interpretation shall not relieve such a 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.

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 particular 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 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.

SECURITY CLAUSE: In accordance with KRS 61.932, any party that contracts with the City of Owensboro 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 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 of Owensboro, 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 the information the Contractor has regarding 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.

END OF GENERAL COMPLIANCE

EJCDC C-700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.

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 – Bonds and Insurance

4.01 Performance, Payment, and Other Bonds

4.02 Licensed Sureties and Insurers

4.03 Certificates of Insurance

4.04 Contractor’s Liability Insurance

4.05 Owner’s Liability Insurance

4.06 Property Insurance

4.07 Waiver of Rights

4.08 Receipt and Application of Insurance Proceeds

4.09 Acceptance of Bonds and Insurance; Option to Replace

4.10 Partial Utilization, Acknowledgment of Property Insurer

Article 5 – Contractor’s Responsibilities

5.01 Supervision and Superintendence

5.02 Labor; Working Hours

5.03 Services, Materials, and Equipment

5.04 Progress Schedule

5.05 Substitutes and “Or-Equals”

5.06 Concerning Subcontractors, Suppliers, and Others

5.07 Patent Fees and Royalties

5.08 Permits

5.09 Laws and Regulations

5.10 Taxes

5.11 Use of Site and Other Areas

5.12 Record Documents

5.13 Safety and Protection

5.14 Safety Representative

5.15 Hazard Communication Programs

5.16 Emergencies

5.17 Shop Drawings and Samples

5.18 Continuing the Work

5.19 Contractor’s General Warranty and Guarantee

5.20 Indemnification

5.21 Delegation of Professional Design Services

Article 6– Other Work at the Site

6.01 Related Work at Site

6.02 Coordination

6.03 Legal Relationships

Article 7 – Owner’s Responsibilities

7.01 Communications to Contractor

7.02 Replacement of Engineer

7.03 Furnish Data

7.04 Pay When Due

7.05 Lands and Easements; Reports and Tests

7.06 Insurance

7.07 Change Orders

7.08 Inspections, Tests, and Approvals

7.09 Limitations on Owner’s Responsibilities

7.10 Undisclosed Hazardous Environmental Condition

7.11 Evidence of Financial Arrangements

Article 10 – Engineer’s Status During Construction

10.01 Owner’s Representative

10.02 Visits to Site

10.03 Project Representative

10.04 Authorized Variations in Work

10.05 Rejecting Defective Work

10.06 Shop Drawings, Change Orders and Payments

10.07 Determinations for Unit Price Work

10.08 Decisions on Requirements of Contract Documents and Acceptability of Work

10.09 Limitations on Engineer’s Authority and Responsibilities

Article 11 – Changes in the Work; Claims

11.01 Authorized Changes in the Work

11.02 Unauthorized Changes in the Work

11.03 Execution of Change Orders

11.04 Notification to Surety

11.05 Claims

Article 12 – Cost of the Work; Allowances; Unit Price Work

12.01 Cost of the Work

12.02 Allowances

12.03 Unit Price Work

Article 13 – Change of Contract Price; Change of Contract Times

13.01 Change of Contract Price

13.02 Change of Contract Times

13.03 Delays

Article 14 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work

14.01 Notice of Defects

14.02 Access to Work

14.03 Tests and Inspections

14.04 Uncovering Work

14.05 Owner May Stop the Work

14.06 Correction or Removal of Defective Work

14.07 Correction Period

14.08 Acceptance of Defective Work

14.09 Owner May Correct Defective Work

Article 15 – Payments to Contractor and Completion

15.01 Schedule of Values

15.02 Progress Payments

15.03 Contractor’s Warranty of Title

15.04 Substantial Completion

15.05 Partial Utilization

15.06 Final Inspection

15.07 Final Payment

15.08 Final Completion Delayed

15.09 Waiver of Claims

Article 16 – Suspension of Work and Termination

16.01 Owner May Suspend Work

16.02 Owner May Terminate for Cause

16.03 Owner May Terminate For Convenience

16.04 Contractor May Stop Work or Terminate

Article 17 – Dispute Resolution

17.01 Methods and Procedures

Article 18 – Miscellaneous

18.01 Giving Notice

18.02 Computation of Times

18.03 Cumulative Remedies

18.04 Survival of Obligations

18.05 Controlling Law

18.06 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 Engineer 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, General Compliance, bid security of acceptable form, if any, and the Bid Form with any supplements.

9. Change Order – A document recommended by Engineer 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 Engineer’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 Engineer 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 two parties to sign and deliver.

19. Engineer – The individual or entity named as such in the Agreement.

20. Field Order – A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times.

21. General Requirements – Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications.

22. Hazardous Environmental Condition – The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work.

23. Hazardous Waste – The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.

24. Laws and Regulations; Laws or Regulations – Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

25. Liens – Charges, security interests, or encumbrances upon Project funds, real property, or personal property.

26. Milestone – A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work.

27. Notice of Award – The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement.

28. Notice to Proceed – A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents.

29. Owner – The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed.

30. PCBs – Polychlorinated biphenyls.

31. Petroleum – Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and

14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils.

32. Progress Schedule – A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times.

33. Project – The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.

34. Project Manual – The bound documentary information prepared for bidding and constructing the Work.