Oxford Paving Specifications_Instructions ITB.pdf

CITY OF OXFORD INVITATION TO BID (ITB)

ITB Number: 24-002 ITB Title: 2024 MILLING & RESURFACING

ITB SPECIFICATIONS

1. ITB Period of No Communication The no communication period starts on the issue date of this ITB May 3, 2024 and lasts until the City Council meeting for contract award recommendation (or until contract award if this isn’t required to go before council for approval).

Any person or company, their employees, representatives, agents, attorneys, etc. must not contact the City’s elected officials or any City staff concerning this ITB.

Contacting anyone other than the Procurement Agent named below for this ITB during this time will be reason to remove a bid from review.

2. Procurement Agent, Single Point of Contact Bill Andrew is the Procurement Agent and Single Point of Contact for this ITB and is the only contact representing the City for this ITB.

Enter all questions or comments to Bill Andrew, who may be reached at 770-786-7004 or bandrew@oxfordgeorgia.org

City of Oxford 110 West Clark Street Oxford, GA 30054 Attn: Bill Andrew, City Manager

3. ITB Schedule of Events

1. Bidding Close Date, Deadline for Submissions: Friday May 24, 2024, 10:00 AM Local

Time. We may change this date during the ITB process. We will post any change in an addendum. Review web page for addenda.

2. Sealed Bids are to be Received at City of Oxford, 110 West Clark Street, Oxford, GA 30054 with ITB 24-001 2024 Milling and Resurfacing labeled on the outside of Bid Submission.

3. Any and all questions must be received by 2:00 pm Friday, May 17, 2024 for consideration. All answers will be posted no later than Noon on Tuesday, May 21, 2024.

4. In each question, clearly tell the ITB document and section that is in question.

5. We will share any changes or added information from the City by a written addendum. We will make the information available to all BID Holders.

6. It is your responsibility for any addenda, other information, or other messages before finally submitting a bid. You must respond using any updated information.

WHAT THE CITY WANTS TO DO

1. Project Background and General Description The City is accepting bids for 2024 Milling & Resurfacing. The work to be done consists of the furnishing of all materials, labor, and equipment for the complete construction including, but not limited to, maintaining traffic control measures, asphalt patching, milling existing pavement, installing tack coat, installing asphaltic concrete open graded crack relief interlayer, installing asphaltic concrete surface course, minor shoulder rehab with grassing, performing cleanup, and related work. The location of the work is at various locations within the City of Oxford, Georgia.

2. Specifications The location of the resurfacing work is as follows, TIER 1 roads are priority for completion then TIER 2 roads:

TIER 1

Haygood Ave - 335’ N. of Geiger to Hamill Street East Richardson Street - SR81 to City Limits Wesley Street - Pierce Street to Collingsworth

TIER 2

Fletcher Road - Wesley Street to Asbury Street Fletcher Road - Asbury Street to SR81 Collingsworth Street - Wesley Street to SR81 Williams Street - Wesley Street to Asbury Street Godfrey Street - W. Soule Street to W. Watson Street W. Watson Street - Coke Street to Wesley Street W. Watson Street - Wesley Street to SR81 Asbury Street - Fletcher Street to W. Watson Street West Moore Street - Approx. 380’ W. of Haygood to Haygood Street Marshall Street - Haygood Ave to SR81 W. Wade Street - Dead End to Haygood Ave W. Wade Street - Haygood Ave to SR 81

Speed Table installation:

Godfrey Street - Location to TBD (replacement of existing speed hump)

W. Moore Street - Signs and striping only to existing cross-walk

3. Project Specific Requirements A. Using the form in Appendix A, the Bidder must fill in the Unit Price or a Lump Sum Price as called for in the schedule of items for each Pay Item.

B. In the event of a discrepancy in any of the figures, the Unit Price will govern, and the Bid will be recalculated.

C. The Bidder shall commence the Work with adequate force and equipment within ten (10) calendar days from receipt of Notice to Proceed and shall continuously pursue the work without interruption to completion and to achieve Final Completion of the Work by Friday August 30, 2024.

D. The Bidder shall be responsible for performing with their own organization at least thirty percent (30%) of the work in this contract. The Bidder shall not subcontract, transfer, assign, or otherwise dispose of the contract or any portion thereof, without the written consent of the City.

E. Retainage in the amount of 5% for the entire project will be applied.

F. The Bidder shall comply with GDOT Standards and Specifications.

G. All 9.5mm asphalt material shall be Type II.

H. The maximum percentage of Recycled Asphalt Pavement (R.A.P) allowed is 20%in the final top asphalt. R.A.P.

in the deep patching course is allowed up to 30%.

I. Any and all manholes and/or valves in the pavement will be adjusted to new final grade. Cost to be included in overall bid. See Special Conditions on the final look. of adjustment the city is requiring.

J. All tack shall be trackless tack approved by the Georgia Department of Transportation. Refer to QPL #7 “Sources of Bituminous Materials”. Tack costs shall be included in the unit prices for asphalt.

K. Permitted daytime work hours shall be from 8:00 AM to 6:00 PM Monday through Saturday.

L. There is a time limit of 7 days for any milled surfaces before being resurfaced.

M. Contractor shall be responsible for placing signage informing residents of construction at least one week in advance of any paving project on individual streets.

N. Temporary striping shall be accomplished with temporary tape on new asphalt. Temporary striping is required for Crosswalks and stop bars.

O. Contractor shall be responsible for implementing and maintaining all necessary traffic control measures.

Contractor shall submit a traffic control plan to the City for approval prior to commencing any operations at a given location. Traffic control plan shall, at a minimum, conform to the requirements set forth in the MUTCD.

P. Use of police officers as part of traffic control measures is not required. Any costs for utilization of police officers shall be included in the Contractor’s line-item cost for Traffic Control & Temporary Striping.

The following steps are required regarding Asphalt 19 mm patching:

• Any deep patching required will be identified and marked by the City appointed inspector prior to construction starting based on contractors provided schedule.

• Deep patching shall be completed prior to milling of roadway and laid flush with existing surface.

• Depth of the deep patch will be between 2-4” from the existing asphalt level and will be determined by the City appointed inspector.

• Compaction of the sub-base is required.

• Milling and resurfacing of the roadway shall commence no less than 48 hours after deep patching procedures are completed.

FOLLOW THIS OUTLINE

How We Want You to Construct Your Bid

1. To Submit a Bid

1.1. Bids are to be sealed and submitted to the City of Oxford at 110 West Clark Street, Oxford

GA 30054- Faxed or email bids are not accepted and will not be reviewed.

1.2. Bids must be received by 10:00 am, local time, Friday May 24, 2024

1.3. Don’t send bids by mail, fax, or email. We will only accept paper copy bids. We will not accept any bids after the closing time deadline has passed.

1.4. Bids will be marked with date and time of receipt by the City of Oxford.

1.5. You can update your bid at any time until the closing time.

1.6. All Bids received will remain sealed until Bid Opening has commenced and All Acceptable received Bids will be read aloud.

1.7. If the file is ‘mandatory’ or ‘required’, you won’t be able to complete your bid until you have met all requirements.

1.8. Bids shall included 1- Hard Copy marked “Original” with original signature. 2- Hard Copies marked “Copies”.

1.9. Outside of Sealed BID must contain ITB 24-001 and Contractor Name

2. Required Bid Document Formats

Each bid must follow these document formats.

DOCUMENT 1 Title: Company Information

• Format your document using this outline:

no more than [three (3) pages], formatted to single space lines, 10 to 12-point font size, black font color,

• For each document section, use the section title noted in Bold Type for A through F below.

(Ex. A. Cover Letter with Brief Business Profile)

• Each section A through F below will make up the Company Information document. This document must be in the following order:

A. Cover Letter with Brief Business Profile, length of time in business, and a summary describing company strong points and why your experience with similar projects will benefit the City.

B. Business information, including name and home office address. If another office address oversees work of this project, add that address information too.

C. Contact, one person to be the single point of contact for this bid. All communication with the City will be with this person. Supply the following contact information in the bid:

• Name, including business title and personal title (Mr. Ms. etc.)

• mailing address,

• telephone number, cell phone number, and

• e-mail address.

D. Resumes or Statements of Qualifications. Include short resumes or qualifications for Key people that you plan to assign to this project. The information included should be for work history related to this project. At a minimum, include:

• Employee’s name, title, and intended role for this project.

• Employee’s work experience and years performing work like this project.

• Employee’s qualification, education, skills, certifications that may apply.

• Employee’s length of time with your company.

• Examples of employee’s project work that is like our project.

E. References. Supply at least three references for work or services like the project in this ITB . These references must be for work or services provided within the last three years.

NOTE: We contact references to verify your ability to do the work. We also reserve the right to use any information or other references to decide your ability to perform the work in this ITB. Poor references from any source are grounds to disqualify a bid.

F. Available Resources. Include a list describing the personnel, equipment, materials, sub-contractors, and any other resources available to you and that may be needed and used in order to show your ability to do the work or services as requested in this ITB.

DOCUMENT 2 Title: Technical Bid Information:

• Format your document using this outline:

no more than two (2) formatted to single space lines, 10 to 12-point font size, black font color, and upload bid in PDF format.

• For each document section, use the Section Title noted in BOLD Type for A through B below. (Ex. A. What We Have to Offer) If you use section or tab pages, they won’t count in the page number total.

• Stick to supplying information that only applies to this project. Unrelated information or general sales pitch information may result in lower bid scoring or complete removal of a bid from scoring.

• Each section A through B below will make up the Technical Information document. This document must be in the following order:

A. Timeline. If it fits the purpose of this ITB, include a timeline to complete the work or service requested in this ITB. Note any major milestones. Along with the timeline, include a written description of the plan of approach for each project phase, and a plan to deal with any setbacks.

B. Wrap-up. Use this section to add any other information about how you can supply the work or services requested in this ITB.

DOCUMENT 3 Title: Required Forms:

• . You must provide these forms and return to us with every bid.

• Below are the required forms for all bids:

A. IRS Form W-9

B. Bidder’s Disclosures and Certifications

C. E-Verify (Affidavit Verifying Contractor Participation in Federal Work Authorization Program)

All the following must be on the E-verify affidavit.

Federal Work Authorization User Identification Number – this is only five to eight numbers.

No A,B,Cs.

It’s different from your Tax ID, Employer Identification, or Social

Security Number.

It won’t have a combination of letters and numbers.

Date of Authorization – this is when you first signed up and got the E-verify number.

Name of Contractor – your company

Name of Project – Same as ITB title

Date, City, and State – when and where this form was signed

Signature of Authorized Officer or Agent – to be signed

Printed Name and Title of Authorized Officer or Agent – the person that signed the form.

Notarized with seal

3. Other Required Information

City of Oxford’s Rights Reserved

While the City of Oxford has every intention to award a contract as the result of this

ITB, issuance of the ITB in no way constitutes a commitment by the NFCID to award and execute a contract. Upon a determination such actions would be in its best interest, the City of Oxford, in its sole discretion, reserves the right to:

• Cancel or terminate this ITB at any time. A notice of cancellation will be issued to all Bid

Holder and on the City’s Website. If the ITB is cancelled, the City of Oxford will not reimburse any Bidder for the preparation of its Bid. Bids may be returned, at Bidder’s expense, upon request if unopened;

• Reject any or all Bids, responses, or submissions received in response to this ITB;

E-Verify side note: Companies return this form to us incorrectly more often than anything else we request in our ITBs.

Top mistakes include wrong number or missing information.

State of Georgia law requires that we have this completed form before we can review a bid or bid.

A form with errors doesn’t fulfill this requirement.

• Waive and/or amend any technicalities or informalities or undesirable, inconsequential, or inconsistent provisions or specifications of this IRB which would not have significant impact on any BID or submission;

• Not award a contract if it is in the best interest of the City of Oxford not to proceed with contract execution; and

• Terminate any contract or reduce the roads to be resurfaced if the City of Oxford determines adequate funds are not available

4. Schedule of Items, Bid Pricing

SCHEDULE OF ITEMS

2024 MILLING & RESURFACING

ITB #24-001

Line Item Description Quantity Unit Unit Cost Extension

150-1000 Traffic Control 1 LS $ 210-0250 Shoulder Rehab INCL Grassing 3436 SY $

402-1802 Recycled ASPH Conc Patching, INCL Bitum Matl & H Lime @2" Depth 1405 TN $

402-3103 Recycled ASPH Conc 9.5mm Superpave, Type II, Group 2 Only, Incl Bitum Matl & H Lime 2869 TN $

413-0750 Bitum Tack Coat 3714 GAL $

415-5000 Asphalt CONC Open Graded Crack Relief Interlayer, GP 2 Only, Incl Bitum Matl & Lime 1196 TN $

432-5010 Mill ASPH CONC PVMT, Variable Depth 8500 SY $

653-0095 Thermoplastic PVMT Marking, Handicap Symbol 2 EA

653-1501 Thermoplastic Solid Traf Stripe, 5 IN, White 110 LF 653-1502 Thermoplastic Solid Traf Stripe, 5 IN, Yellow 6100 LF 653-1704 Thermoplastic Solid Traf Stripe, 24 IN, WHITE 410 LF $ 653-1804 Thermoplastic Solid Traf Stripe, 8 IN, White 305 LF $ 653-6004 Thermoplastic Traf Striping, White 5In 35 SY 999-9999 Speed Tables- Complete 185 SY $

999-9999 Speed Tables- Signing and Striping only- Complete 2 EA

Grand Total:

SCHEDULE OF ITEMS

2024 MILLING & RESURFACING

ITB #24-001

Bid Price Certification for ITB #24-001 In compliance with Scope of Project/Specifications, the undersigned offers and agrees that if this Bid is accepted by the City Council Response Due Date and Bid opening, that the undersigned will furnish any or all of the deliverables upon which prices are quoted, at the price set opposite each, to the designated point(s) within the time specified.

Company Name:

Company Address:

Authorized Signature(s):

Print/Type Name(s) and Title(s):

Date Signed:

Contact Info - Phone Number:

Contact Info - E-mail Address:

PROJECT INFORMATION FOR BIDDERS

Appendix A: Location List

Length Milling Patching

(2”)

OGC

Inter- Layer

Asphalt 9.5mm

Location LF

Est.

Area

(SY)

Est Qty (Tons)

Est Qty (Tons)

Est Qty (Tons)

1 Haygood Ave 3050 1300 2 East Richardson 2360 3 Wesley Street 1510 1500 143 110 254 4 Fletcher Road 715 100 28 110

5 Fletcher Road 300 667 22 46

6 Collingsworth 1090 450 48 83 175 7 Williams Street 685 95 52 110

8 Godfrey Street 980 140 68 145 9 W. Watson Street 765 80 58 125

10 W. Watson Street 1050 250 56 80 169 11 Asbury Street 1700 125 104 260

12 West Moore Street 380 930 6 26 65

13 Marshall Street 535 15 25 62

14 W. Wade Street (Section A) 340 19 14 34

15 W. Wade Street (Section B) 531 18 23 57

16 Dorman Street 690 46 38 95

17 Stone Street 1930 180 115 280

*The chart above is for information only and is not warranted or guaranteed.

**Pay Item 210-0250 Shoulder Rehab incl Grassing intention is to build the shoulder back up to the new asphalt surface. Average width as needed should be less than a foot.

MAP OF STREET LOCATIONS IN THE CITY

ADDITIONAL INFORMATION:

Handicap symbol:

Speed Tables

Appendix B: General Conditions Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction Transportation Systems, 2021 edition, and any Supplemental Specifications modifying them, except as noted below and in the Special Provisions.

Modification of Standard Specifications

SECTION 101 - DEFINITION AND TERMS

Section 101.10 BOARD

Delete as written and substitute the following:

"CITY COUNCIL OF CITY OF OXFORD, GEORGIA"

Section 101.14 COMMISSIONER

"THE MAYOR OF THE CITY OF OXFORD, GEORGIA"

Section 101.16 CONTRACT

Delete the second paragraph and substitute the following:

"The Contract Documents shall be composed of the Advertisement for Bid; Notice to Contractors; Form of Bid Proposal; General Conditions; Special Provisions; Detail Specifications, as identified in Section 105.03;

Form of Contract; Form of Bond(s); Addenda; the drawings, including all changes incorporated herein before their execution; and also any Change Orders and Supplemental Agreements that are required to complete the construction of The Work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument. No oral agreement or orders are to be considered as valid or as a part of the Contract."

Section 101.22 DEPARTMENT

"THE CITY OF OXFORD DEPARTMENT OF PUBLIC WORKS "

Section 101.24 ENGINEER

"THE CITY OF OXFORD CITY MANAGER, ACTING DIRECTLY OR THROUGH HIS DULY

AUTHORIZED REPRESENTATIVES."

Section 101.47 PROJECT

“The specific section or sections of the plans together with all appurtenances and construction to be performed thereon under the Contract.”

Section 101.50 RIGHT OF WAY

“A general term denoting land, property or interest therein, usually, but required to be, in a strip, acquired for or devoted to the PROJECT and PLANS.”

Section 101.62 STATE HIGHWAY ENGINEER

"THE CITY OF OXFORD CITY MANAGER, ACTING DIRECTLY OR THROUGH HIS DULY

AUTHORIZED REPRESENTATIVES."

Section 101.74 SUPPLEMENTAL AGREEMENT

Retain as written and add the following:

"Any Supplemental Agreement that has a dollar value amount that is less than $25,000.00 shall not require the assent of the Surety."

Section 101.80 TREASURER

"THE CITY OF OXFORD DIRECTOR OF FINANCE, ACTING DIRECTLY OR THROUGH HIS/HER

DULY AUTHORIZED REPRESENTATIVES."

Add:

Section 101.83 "CITY: THE CITY OF OXFORD"

Section 101.84 “PROCUREMENT AGENT: A DULY AUTHORIZED REPRESENTATIVE OF

THE CITY OF OXFORD DIRECTOR OF FINANCE.

SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS

Section 102.01 PREQUALIFICATION OF BIDDERS

Delete in its entirety and substitute the following:

"Proposals will be considered only from experienced and well-equipped Contractors engaged in work of this type and magnitude. Contractors shall be Prequalified as a PRIME Contractor with Georgia Department of Transportation. Bidders shall provide a copy of its current Certificate of Qualification.

Bidders may be required to submit evidence setting forth qualifications that entitle him to considerations as a responsible Contractor. A list of work of similar character successfully completed within the last two years may be required giving the location, size and listing equipment available for use on this work. Before accepting any bid, the CITY may require evidence of the Contractor's financial ability to successfully perform the work to be accomplished under the contract.

The CITY may make such investigations as he deems 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 Contract and to complete the work contemplated therein. Conditional bids will not be accepted."

Section 102.03 CONTENTS OF PROPOSAL FORMS

Delete in its entirety and add the following:

"Upon request, the CITY will furnish the prospective BIDDER with a Proposal Form. This form will state the location and description of the contemplated construction and will show the approximate estimate of the various quantities and kinds of work to be performed or materials to be furnished, and will have a Schedule of Items for which Unit Bid prices are invited. The Proposal Form will state the time in which The Work must be completed, the amount of the Proposal Guaranty, and the date of the opening of Proposals.

The form will also include any Special Provisions or requirements that vary from or are not contained in the Standard Specifications. All papers that are required to be submitted as part of the Proposal are identified in the Proposal Form, and those papers must not be altered except as directed by Addendum.

The Plans, Specifications, and other documents designated in the Proposal Form will be considered a part of the Proposal whether attached or not. The prospective BIDDER will be required to pay the sum stated in the Notice to Contractors for each copy of the Proposal Form and each set of Plans."

Section 102.05 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF THE

WORK

Add the following:

"Each BIDDER must inform himself fully of the conditions relating to the construction of the PROJECT and the employment of labor thereon. Failure to do so will not relieve a successful BIDDER of his obligation to furnish all material and labor necessary to carry out the provisions of his Contract. Insofar as possible the CONTRACTOR, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. Bidders, before making proposals, shall examine the plans and specifications and make such examinations on the ground as are necessary to thoroughly familiarize themselves with the nature and extent of the proposed construction and all local conditions affecting the same, as the CITY will not be responsible for BIDDER's errors or misjudgment, nor for any information on local conditions or general laws or regulations.

No interpretation of the meaning of the plans and specifications or other pre-bid documents will be made to any bidder orally. Bidders with questions, requiring clarification, or interpretation must address these questions in writing. Questions must be received by the City on or before Friday, May 17, 2024 by 2:00 PM, Local time. Each question must provide clear reference to the item in question. Questions received after the deadline may not be considered.

The City will provide official written answers to all written questions received on or before Question Deadline noted above. All questions will be answered in an officially posted addendum by or before TIME, DATE. Any material changes to the ITB, including changes to the Scope of Project/Specifications, Calendar of Events, etc., will be formally communicated through an addendum.

At the time of the opening of bids, each BIDDER will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and Contract Documents (including all addenda). The failure or omission of any BIDDER to examine any form, instruments or documents shall in no way relieve any bidder from any obligation in respect to his bid."

Section 102.06 PREPARATION OF PROPOSAL

“The Bidder shall submit its Proposal on the form furnished by the Department. The blank spaces on the Proposal shall be filled in correctly for each Pay Item (except alternate items) and the Bidder shall write in ink the Unit Price or a Lump Sum Price as called for in the Proposal for each Pay Item listed therein. In addition, the Bidder shall also show the products of the respective Unit Prices and quantities and the total amount of the Bid by adding the amounts of all Bid Items. In the event of a discrepancy in any of the figures, the Unit Price will govern and the Bid will be recalculated.

The Non-Collusion Certificate on the Department’s standard form included in the Proposal shall be executed.

If a proposal is made by an individual, his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown.

If made by a corporation, the person or persons signing the proposal must show the name of the state under which the laws of the corporation are chartered and his or their authority for signing same; the names, titles, and address of their President, Secretary, and Treasurer, and the corporate authority for doing business in Georgia."

Section 102.07 REJECTION OF PROPOSALS

Delete Item J and substitute the following:

“J. The CITY reserves the right to reject any and all bids, to waive formalities and to re-advertise. It is understood that all bids are made subject to this Agreement, that the CITY reserves the right to award the bid to the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed.

K. The CITY also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to City of Oxford, Georgia."

Section 102.08 PROPOSAL GUARANTY

Delete and substitute the following:

"No proposal will be considered unless it is accompanied by a certified check or acceptable Bid Bond in an amount not less than five percent (5%) of the amount bid and made payable to the City of Oxford. Such Bid Bond shall be on the forms provided by the CITY.

Each bid must be accompanied by a Bid Bond prepared on the form of Bid Bond attached hereto, duly executed by the BIDDER as CONTRACTOR, and having as surety thereon a surety company approved by the CITY and accepted by the U. S. Department of the Treasury and listed in Department Circular 570. The surety must be licensed to conduct business in the state of Georgia. The Bid Bond must be in the amount of 5% of the bid. No Proposal Guaranty will be considered to cover any Bid except the one to which it is attached.

Attorneys-in-fact who sign Bid Bonds must file a certified and effectively dated copy of their power of attorney."

Section 102.09 DELIVERY OF PROPOSALS

"All bids must be on forms in conformity with the proposal form included herein and must be for labor and materials called for in the Specifications, shown on the plans and bulletins issued prior to bidding. Bids must be submitted in a sealed envelope of sufficient size with the following clearly typed or printed on the outside:

Bidder’s Name, ITB #, ITB Title, and ITB Response (Bid) Due Date/Time

If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form.

The entire proposal package as designated in the Proposal Form must be submitted with the bid. Failure to do so could result in the omission of pertinent documents and the rejection of the apparent low bid."

Section 102.10 WITHDRAWL OR REVISION OF PROPOSALS

"A Bidder requesting to withdraw their Bid prior to the ITB Response Due Date may submit a letter to the Procurement Agent requesting to withdraw. The letter must be on company letterhead and signed by an individual authorized to legally bind the firm.

A Bidder requesting to withdraw after the Bid has been opened will be required to submit a letter with documented facts supporting the reason for withdrawal within two business days of the opening. The letter must be on company letterhead and signed by an individual authorized to legally bind the firm. The Bidder must present clear and convincing evidence that an unintentional error was made. The Procurement

Officer will review the withdrawal request and a judgment will be made. Generally, Bid withdrawal after Bids are opened for reasons other than obvious clerical errors is not permitted.

If an error is discovered prior to the opening, the Bidder can submit a corrected Bid. The corrected Bid should be clearly marked that it supersedes the Bid originally submitted.

If an obvious clerical error not involving unit pricing is discovered after the Bid has been opened, the Bidder may submit a letter to the designated Procurement Agent within two business days of opening requesting that the error be corrected. The letter must be on company letterhead and signed by an individual authorized to legally bind the firm. The Bidder must present clear and convincing evidence that an unintentional error was made. The Procurement Officer will review the correction request and a judgment will be made. Generally, modifications to opened Bids for reasons other than obvious clerical errors are not permitted. No changes to any unit price will be made after the bids are opened. Errors in the mathematical extension of the quantities and unit prices will be corrected by the City and the revised total bid amounts are then to be used to determine the lowest reliable bidder.”

Section 102.11 Public Opening of Proposals

"Proposals will be opened and read publicly at the time and place stated in the Notice to Contractors.

Bidders and their authorized agents are invited to be present.”

Section 102.15 Submittal of “Georgia Security and Immigration Compliance Act Affidavit”

Delete in its entirety.

Section 102.16 Submittal of “Request For Eligibility To Bid”

Delete in its entirety.

Section 102.17 Submittal of “Certificate of Current Capacity” and “Status of Contracts on Hand”

Delete in its entirety.

Section 102.18 Submittal of “Construction Contractors Bid Opportunity List”

Delete in its entirety.

SECTION 103 - AWARD AND EXECUTION OF CONTRACT

Section 103.01 CONSIDERATION OF PROPOSALS

Delete the third sentence in its entirety and substitute the following:

"In determining Unit Bid Prices, fractional parts of a cent less than one cent ($0.01) will not be considered significant and will be dropped."

Section 103.02 AWARD OF CONTRACT

"The Contract will be awarded, if it is awarded, to the lowest responsible BIDDER. The CITY will determine that BIDDER, and, in so doing, the following elements will be considered: (a) The quality of work by the BIDDER on other similar projects; (b) The general reputation of the BIDDER in the community; (c) The BIDDER’S financial responsibility; and (d) The BIDDER’S previous employment on Public Works projects.

The Contract will be awarded on the base bid and any alternates selected by the CITY. The City of Oxford reserves the right to exercise exclusive discretion as to the responsibility of any BIDDER.

When notified by and of the Department's recommendation for award of this Contract, the CONTRACTOR shall immediately secure Performance and Payment Bonds as per the Contract, properly execute three original Contract Documents and submit them to the CITY, with proof of insurance in accordance with Sub-Section 103.06, within five (5) calendar days of notification.

The Board shall have the right to hold bids after bid opening for a period of thirty (30) days."

Section 103.04 RETURN OF PROPOSAL GUARANTY

"All Proposal Guaranties (Bid Bonds) will be returned to all except the three lowest BIDDERs within three days after the opening of the bids, and the remaining Bid Bonds 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 at any time thereafter, so long as he has not been notified of the acceptance of this bid.

The CITY reserves the right to return all Proposal Guaranties by registered or certified mail and its responsibility pertaining to them will end when they are mailed."

Section 103.05 REQUIREMENTS OF CONTRACT BONDS

"Simultaneously with his delivery of the executed Contract, the CONTRACTOR shall furnish a surety bond or bonds, in a sum equal to the full amount of the Contract, as security for faithful performance of his Contract and for the payment of all persons performing labor on the PROJECT under this Contract, and furnishing material in connection with this Contract. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the CITY and be countersigned by the State of Georgia's representative/agent. The surety issuing the bonds must be accepted by the U.S. Department of the Treasury and listed in Department Circular 570 and approved by the CITY.

Attorneys-in-fact who sign performance and payment bonds must file a certified and effectively dated copy of their power of attorney."

Section 103.06 EXECUTION AND APPROVAL OF CONTRACT

Add the following:

"Execution of the Contract by CONTRACTOR shall not be considered complete unless CONTRACTOR submits proper proof of coverage of Insurance in compliance with the following requirements:

A. CONTRACTOR's Liability Insurance: CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance or non-performance of the work and CONTRACTOR's other obligations under the Contract Documents, whether such performance is by the CONTRACTOR's own organization, its subcontractors or suppliers, or any individual directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.

The Contractor, at all times that this Contract is in force, agrees to provide, as a minimum, insurance coverage in accordance with the attached Insurance requirements. The CITY and its subcontractors and affiliated companies, their officers, directors, employees shall be named on the Certificates of Insurance as additional insured and endorsed onto the policies for Comprehensive General Liability, Automobile Liability and Umbrella Liability Insurance maintained pursuant to this Contract in connection with liability of the CITY and their officers, directors and employees arising out of Contractor's operations. Copies of the endorsements shall be furnished to the CITY prior to execution of the contract. Such insurance is primary insurance and shall contain a Severability of interest clause as respects each insured.

1) Claims under workers' or workmen's compensation, disability benefits and other similar employees benefit acts;

2) Claims for damages because of bodily injury, occupational sickness or disease, or death of

CONTRACTOR's employees;

3) Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees;

4) Claims for damages insured by personnel injury liability coverage that are sustained a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or b) by any other person for any other reason;

5) Claims for damages, other than to work itself because of injury to or destruction of tangible property, including loss of use resulting therefrom; and,

6) Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle.

The insurance required by this paragraph shall include the specific coverage and be written for not less than the limits of liability and coverage provided in these specifications, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All such insurance shall contain a provision that the coverage afforded will not be canceled, materially changed, or renewal refused until at least thirty (30) days prior written notice has been given to CITY. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective work. In addition, CONTRACTOR shall maintain such completed operations insurance for at least one year after final payment and furnish CITY with evidence of continuation of such insurance at final payment.

B. CITY shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR or subcontractors in the work to the extent of any deductible amounts that are provided in the supplemental conditions. If CONTRACTOR wishes property insurance coverage within the limits of such amounts CONTRACTOR may purchase and maintain it at his own expense.

C. If CITY has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs a, b, c, and d, CITY will notify CONTRACTOR thereof within ten (10) days of the date of the delivery of such certificates to CITY. CONTRACTOR will provide to the CITY such additional information in respect of insurance provided by him as CITY may reasonably request. The right of the CITY to review and comment on Certificates of Insurance is not intended to relieve the CONTRACTOR of his responsibility to provide insurance coverage as specified nor to relieve the CONTRACTOR of his liability for any claims that might arise.

D. The limits of liability for the insurance required by paragraph A of these General Conditions shall provide coverage for not less than the following amounts or greater where required by law.

For Claims under paragraphs A.1 and A.2, Workmen's Compensation

State Statutory Applicable Federal (e.g.) Longshoremen's Statutory Employer's Liability $1,000,000/person

$1,000,000/occurrence

For Claims under A.2 through A.5, Bodily Injury:

$1,000,000 Each Person $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Products and

Completed Operations

Property Damage:

Property Damage Liability Insurance will provide explosion, collapse, and underground coverage where applicable.

Personal injury with employment exclusion deleted.

$1,000,000 Annual Aggregate

For Claims under A.6, Comprehensive Automobile Liability:

$1,000,000 Each Accident

The Contractual Liability required by paragraph B shall provide coverage for not less than the following amounts:

Contractual Liability Insurance:

$1,000,000 Annual Aggregate

E. Scope of Insurance and Special Hazards

The amounts of insurance in subparagraph "D" above are minimum amounts of insurance to be carried. The CONTRACTOR shall carry such additional insurance as may be required to provide adequate protection of the CONTRACTOR and his subcontractors, respectively, against any and all damage claims which may arise from operations under this Contract, whether such operations may be by the insured or by anyone directly or indirectly employed by him and, also, against any of the special hazards which may be encountered in the performance of this Contract.

The CONTRACTOR's and his subcontractors' Public Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: excavation, shoring, underpinning, blasting and explosion to the extent to which such risks are present."

Section 103.07 FAILURE TO EXECUTE CONTRACT

"Failure or refusal to execute and deliver the Contract, Contract Performance and Payment Bond, or furnish satisfactory proof of carriage of the insurance required within ten (10) days after the date of notice of the City's recommendation for award shall be just cause for the annulment of the award and for the forfeiture of the Proposal Guaranty to the CITY, not as a penalty, but as liquidation of damages sustained for such failure or refusal. At the discretion of the CITY, the award may then be made to the next lowest responsible Bidder, or the Work may be re advertised or constructed by City forces.

If the CITY re-advertises the PROJECT, the CITY may, at its discretion, not allow the Bidder who refused or failed to execute a contract, or who requested to withdraw any bid, to perform work on that contract or project as a contractor, subcontractor or in any other capacity for any function of construction. The Contract and Contract bonds shall be executed in two original counterparts."

SECTION 105 - CONTROL OF WORK

Section 105.02 PLANS AND WORKING DRAWINGS

Add the following paragraphs:

"If, in the process of the Contract, discrepancies arise, the CONTRACTOR will be furnished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and instructions thus supplied to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof.

The CONTRACTOR shall submit promptly to the Engineer six (6) copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Engineer and the return thereof, the CONTRACTOR shall make such corrections to the drawings as have been indicated and shall furnish the Engineer with two (2) corrected copies. If requested by the Engineer, the CONTRACTOR must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Engineer, the CONTRACTOR shall nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications at the time he furnishes such drawings."

Section 105.09A AUTHORITY AND DUTIES OF CONSULTANT ENGINEER (if applicable)

Where applicable, the CONTRACTOR acknowledges the limited role of the Consultant Engineer in monitoring the work and recognizes their lack of authority to direct or control the activities of the CONTRACTOR in performing the work required by the Contract. CONTRACTOR agrees to make no claim against the Consultant Engineer for monetary losses under this Contract including without limitation, any based on changes or extras, increased compensation, delay, losses, acceleration, termination, rework or other such claims including, without limitation, third party actions arising out of claims by the CITY or others.

Section 105.14 MAINTENANCE DURING CONSTRUCTION

Retain in its entirety, but insert the following after the first paragraph:

"At all times, the CONTRACTOR shall perform work as may be required to protect the entire site from damage, both existing conditions and performed work. Furthermore, the CONTRACTOR shall be responsible for all damages to all persons and property due to the non-maintenance of the PROJECT."

SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC

Section 107.02 PERMITS AND LICENSES

Add the following paragraphs:

"The CONTRACTOR shall provide the CITY, on the proper form, proof of being licensed to do business within The City of Oxford; proof of proper business licenses shall also be provided by the prime CONTRACTOR for any and all subcontractors coming under the jurisdiction of this Contract. (See Subcontractors' Notification List.)

Section 107.07 PUBLIC CONVENIENCE AND SAFETY

Retain as written and add the following:

"The CONTRACTOR shall distribute a notice to each residence or business within the limits or immediately adjacent to the PROJECT. This notice will be provided by the CONTRACTOR, approved by the CITY and it will be the responsibility of the CONTRACTOR to deliver the notices prior to beginning construction.

The notices will be used to inform the affected parties of the activities that will be occurring and will identify the CONTRACTOR.

The notice will be in the form of "door hangers" and are not to be placed in the mail boxes. The CONTRACTOR will notify the Director of Public Works in writing upon completion of this work and the letter will become a permanent part of the PROJECT records."

Section 107.13 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE

Retain subparagraph C. and add the following paragraph:

"All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant, or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with instructions."

Delete subparagraph F in its entirety and substitute the following:

"The CONTRACTOR shall have the responsibility for removing and relocating all mailboxes to an area outside of the construction limits but still accessible for mail deliveries and convenient to the mail carrier and the patron during the entire time of construction. It may be necessary for the CONTRACTOR to confer with the Post Office serving the area.

As soon as construction has progressed to the stage that the mailbox may be erected in its permanent position, the CONTRACTOR shall coordinate the erection with the patron and the Post Office serving the area. Any damages to the posts or mailboxes due to the removal and/or relocations by the CONTRACTOR will remain the responsibility of the CONTRACTOR, all damaged posts and/or mailboxes shall be replaced and installed by the CONTRACTOR at his expense, excluding mailbox enclosures of masonry construction.

Any cost or costs to the CONTRACTOR for removing, relocating or installations of mailboxes as stated above shall be included in the overall bid price."

Section 107.15 RESPONSIBILITY FOR DAMAGE CLAIMS

Add the following paragraph:

"CONTRACTOR shall indemnify and hold harmless the CITY and their agents, employees, successors, and assigns from and against all loss, cost, damage, claim, suit, and judgment, including attorney's fees, arising out of or resulting from the performance or non-performance of the work. CONTRACTOR's duty to indemnify applies in connection with, but is not limited to, injury to or death of any person or persons, loss of or damage to property caused by or in any way connected with CONTRACTOR's performance or non-performance of the work, whether such injury, death, loss, or damage results from any cause whatsoever.

The CONTRACTOR's duty to indemnify shall extend to all claims, damage, loss, or expense caused in whole or in part by any act or omission of the CONTRACTOR, any subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The duty of the CONTRACTOR to indemnify, contained herein, shall not extend to any claim, damage, loss, or expense which results solely from the negligence of a party indemnified hereunder."

Section 107.17 CONTRACTOR'S RESPONSIBILITY FOR THE WORK

Retain in its entirety and add the following:

"In case of an emergency which threatens loss or injury of property and/or safety of life, the CONTRACTOR will be allowed to act, without previous instruction from the Engineer, in a diligent manner. He shall notify the Engineer immediately thereafter. Any claim for compensation by the CONTRACTOR due to such extra work shall be promptly submitted to the Engineer for approval.

Where the CONTRACTOR has not taken action but has notified the Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Engineer."

Section 107.18 ACQUISITION OF RIGHT OF WAY

"The CITY shall furnish all land and right-of-way necessary for the carrying out of this Contract and the completion of the Work herein contemplated and will use due diligence in acquiring said land and rights-of-way as speedily as possible. But it is possible that all lands and rights-of-way as herein contemplated may not be completely secured before construction begins, in which event the CONTRACTOR shall begin his Work upon such land and rights-of-way as the CITY may have previously acquired, and no claim for damages whatsoever will be allowed by reason of the delay in obtaining the remaining land and rights-of-way. Should the CITY be prevented or enjoined from proceeding with the Work, or from authorizing its prosecution, either before or after the commencement, by reason of any litigation, or by reason of its inability to procure any lands or rights-of-way for the said Work, the CONTRACTOR shall not be entitled to make or assert claim for damage by reason of said delay, or, to withdraw from the Contract except by consent of the CITY, but time for completion of the Work will be extended to such time as the CITY determines will compensate for the time lost by such delay, such determination to be set forth in writing."

Section 107.20 NO WAIVER OF LEGAL RIGHTS

Retain in its entirety and add the following:

"The CONTRACTOR shall guarantee the work accomplished under this Contract for a period of twelve

(12) months from the date of final acceptance. The CONTRACTOR shall remedy, at his own expense, and without additional cost to the CITY, all defects arising from either workmanship or materials, as determined by the Engineer. The guarantee shall not cover any accidental or deliberate damage to the work, or any defects occurring due to normal wear and tear during the twelve (12) months.

All equipment of whatever nature incorporated in the work covered by this Contract shall carry the same guarantee as outlined above for construction.