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City of Duluth 2020 LMIG Full Depth Reclamation & Asphaltic Concrete Paving on Heath Lane, Chelsea

Court and (Alternate if Accepted) Victoria Way

PROJECT MANUAL

DULUTH PROJECT

Full Depth Reclamation and Asphaltic Concrete Pavement of various streets within the City of Duluth

CITY OF DULUTH GWINNETT COUNTY, GEORGIA

CLIENT:

City of Duluth 3167 Main Street

Duluth, Georgia 30096

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Table of Contents

ADVERTISEMENT FOR BIDS ....................................................................................................3

INVITATION TO BID/PROPOSAL .............................................................................................. 5

INSTRUCTIONS TO BIDDERS/PROPOSERS ............................................................................ 7

EXHBIT A FEE PROPOSAL FORM ........................................................................................... 12

ALTERNATE NO. ONE PROPOSAL FORM ............................................................................. 15

CORPORATE CERTIFICATE ..................................................................................................... 17

SURETY REQUIREMENTS ........................................................................................................18

BID BOND .................................................................................................................................... 19

OCCUPATIONAL TAX CERTIFICATE / ACKNOWLEDGED OF ADDENDUM ...................20

OATH OF SUCCESSFUL BIDDER ............................................................................................. 21

PROPOSED CONTRACT – EXHIBIT B ..................................................................................... 22

GENERAL CONDITIONS............................................................................................................ 31

BIDDER’S CHECKLIST ...............................................................................................................50

E-VERIFY AFFIDAVIT ............................................................................................................... 51

DRUG FREE WORKPLACE CERTIFICATION ......................................................................... 52

FORM W-9 ....................................................................................................................................53

Note: Georgia Department of Transportation (GDOT) Standard Specifications, 2013 Edition, available for download at:

http://www.dot.ga.gov/PartnerSmart/Business/Documents/GDOT_SpecBook_2013.pdf

http://www.dot.ga.gov/PartnerSmart/Business/Source/special_provisions/Special%20Provision/SS- 315%20Cement%20Stabilized%20Reclaimed%20Base%20Construction.pdf

GDOT Standards and Construction Details available for download at:

http://mydocs.dot.ga.gov/info/gdotpubs/ConstructionStandardsAndDetails/Forms/AllItems.aspx

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Advertisement for Bids

2020 LMIG Full Depth Reclamation Project on various streets within the City of Duluth The City of Duluth is accepting sealed bids from qualified contractors to provide all necessary labor, equipment, materials, and any appurtenances incidental to the completion of full depth reclamation and asphaltic concrete pavement on various streets within the City of Duluth.

The contract will include at least two road projects for Full Depth Reclamation and paving. A proposed project list as well as a proposed Alternate (additional list of projects) is included in the Invitation to Bid available at www.duluthga.net under the heading “Notices and RFP’s”.

All sealed bids will be received by the City of Duluth City Clerk,at 3167 Main Street, Duluth, Georgia 30096 until 9:45 A.M. local time on Monday, August 3, 2020. Bids received after the stated time will not be accepted. Bids will be opened publicly and read aloud on Monday, August 3, at 10:00 A.M. on the second floor of Duluth City Hall, 3167 Main Street, Duluth, GA 30096 in the Executive Conference Room. The bid envelope must be marked on the outside with the following:

City of Duluth Bid – 2020 LMIG Full Depth Reclamation Project Date and Hour of Bid Opening Company Name

Full Invitation to Bid is available on the City of Duluth website, www.duluthga.net under the heading “Notices and RFP’s”. Full Invitation to Bid is also available for viewing at the Duluth Public Works Department, 2450 Main Street, Duluth, Georgia 30097.

A NON-Mandatory pre-bid conference will be held on Tuesday, July 14 at 10:00 A.M. in the second floor Conference Room at Duluth City Hall, 3167 Main Street, Duluth, Georgia 30096.

Bid will be awarded based upon Base Bid.

Contractor will be required to provide an Eighteen (18) months warranty on all work completed. This includes both the asphalt and the Full Depth Reclamation. This includes rutting, pumping, shoving, base failure, raveling or other pavement failures due to poor workmanship or materials.

Contract will be awarded, if at all, within sixty (60) calendar days after opening of the proposal.

Payment will be rendered as outlined in Instructions to Bidders.

All bids shall be accompanied by a bid bond in favor of the City, in the amount of five percent (5%) of the bid for the complete work, (but not less than $5,000); such bid bond representing that the bidder, if awarded a contract, will promptly enter into a contract and furnish performance bond and payment bond as provided by law and approved by the attorney for the City. Failure to submit a bid bond with the proper rating will result in the bid being deemed non-responsive.

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The performance bond shall be equal to one hundred percent (100%) of the contract amount. The payment bond shall be equal to one hundred ten percent (110%) of the contract amount. The Bid Bond shall be forfeited to the City, as described in Section 108 of Georgia Department of Transportation Standard Specifications.

The selected contractor must be able to start work within ten (10) calendar days after the “Notice to Proceed” is issued. The time of completion for the project is ninety (90) calendar days from the date of the “Notice to Proceed”.

Insurance and Bonding company must be licensed to do business by the Georgia Secretary of State, authorized to do business in Georgia by the Georgia Insurance Department, listed in the Department of Treasury’s Publication of Companies holding Certificates of Authority as Acceptable Surety on Federal Bonds and as acceptable reinsuring companies. The bid bond, payment bond and performance bond must have an A.M. Best rating of A-5 or higher.

Award will be made to the lowest responsible and responsive bidder. OWNER reserves the right to waive any technicalities or to reject any or all proposals, to evaluate proposals, and to accept any proposals which in its opinion may be in the best interest of OWNER. No proposal will be rejected without just cause.

Any change to the conditions and specifications must be in the form of a written addendum to be valid; therefore the City will issue a written addendum to document each approved change.

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GENERAL INFORMATION FOR INVITATION TO BID/PROPOSAL

2020 LMIG FULL DEPTH RECLAMATION PROJECT ON VARIOUS STREETS WITHIN THE

CITY OF DULUTH, GEORGIA

This is an invitation to submit a bid or proposal to supply the City of Duluth (hereinafter referred to as the “OWNER”) with equipment, supplies and/or services as indicated herein. Sealed proposals will be received no later than 9:45 A.M. at the office of the City Clerk in the Duluth City Hall, 3167 Main Street, Duluth, Georgia 30096 on MONDAY, AUGUST 3, 2020. Any proposals received after 9:45 A.M. on the proposal deadline date will not be considered by OWNER. Proposals will be opened publicly and read aloud on MONDAY, AUGUST 3, 2020 AT 10:00 A.M. The proposal shall be read in such a manner as to avoid disclosure of the contents to competing PROPOSERS during any allowed process of negotiations. All proposals become the property of the City of Duluth.

The work to be bid shall consist of furnishing all materials, labor and equipment for:

Full Depth Reclamation and Asphaltic Concrete Pavement on various streets within the City of Duluth

Instructions for preparation and submission of a bid or proposal are contained in this Invitation for Bid/Proposal package. Please note that specific forms for submission of a bid/proposal are required. Bids must be printed in ink.

All work performed under this contract shall be done in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems, 2013 Edition (hereinafter sometimes referred to as GDOT specifications) and any subsequent Supplemental Specifications modifying them, including 2016 edition Supplemental Specifications, special provisions included in and made a part of this proposal and apply to this contract.

All proposals shall be accompanied by a Bid Bond in favor of the City, in the amount of five percent (5%) of the bid for the complete work, but not less than five thousand dollars ($5,000); such Bid Bond representing that the Bidder, if awarded a contract, will promptly enter into a contract and furnish Performance Bond and Payment Bond as provided by law and approved by the attorney for the City. The Performance Bond shall be equal to one hundred percent (100%) of the contract amount. The Payment Bond shall be equal to one hundred ten percent (110%) of the contract amount. The Bid Bond shall be forfeited to the City, as described in Section 108 of the GDOT specifications. The City reserves the right to reject any and all bids. The Contract will be awarded, if at all, within sixty (60) calendar days after opening of the proposal.

Any change to the conditions and specifications must be in the form of a written addendum to be valid; therefore, the City will issue a written addendum to document each approved change.

The City seeks to ensure that all segments of the business community have access to supplying the goods

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and services needed by City programs. The City affirmatively works to encourage utilization of

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disadvantaged and minority business enterprises in our procurement activities. The City provides equal business opportunity for all businesses and does not discriminate against any persons regardless of race, color, religion, age, sex, national origin or handicap.

The work shall be completed within 90 calendar days.

Selected Contractor must be able to start work within ten (10) calendar days after the “Notice to Proceed” is issued. Time of completion for the project is one hundred twenty (120) calendar days from the date of the “Notice to Proceed”.

Total Bid Price: Materials, labor, tools, equipment and all other miscellaneous and/or necessary items for the full depth reclamation, paving and restriping as required of Heath Lane & Chelsea Court including, but not limited to: full depth reclamation of existing pavement, placement of required asphaltic concrete pavement, leveling as required, adjustment of manholes, water valves or other structures, restriping, replacing of stop signs or other signs as needed, replacing failing subgrade as directed by the engineer, removing and replacing failing sinking curb as directed by the engineer, erosion control, dust control and traffic control.

Alternate No. One: Materials, labor, tools, equipment and all other miscellaneous and/or necessary items for the full depth reclamation, paving, and restriping as required of Victoria Way including, but not limited to: full depth reclamation of existing pavement, placement of required asphaltic concrete pavement, leveling as required, adjustment of manholes, water valves or other structures, restriping, replacing of stop signs or other signs as needed, replacing failing subgrade as directed by the engineer, removing and replacing failing sinking curb as directed by the engineer, erosion control, dust control and traffic control.

References: Provide examples of your recent experience, as CM or GC in constructing projects similar to this project, including the following information: 1. Project name, location and dates during which services were performed. 2. Brief description of project and physical description. 3. Provide total cost of project. 4. For each project, provide name of the OWNER’s representative, with current contact information, including phone number and email address. The contact should be familiar with your performance on the project.

All Proposals must be made out on the proposal form of the type bound in the Contract Documents, in accordance with the instructions in the INVITATION TO BID/PROPOSAL. No interlineations, additions, or deletions shall be made in the proposal form by PROPOSER. No conditional proposals will be acceptable.

OWNER reserves the rights to waive any technicalities or to reject any or all Proposals, to evaluate Proposals, and to accept any Proposal which in its opinion may be in the best interest of OWNER. No Proposal will be rejected without just cause.

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No PROPOSER may withdraw his proposal within the time limit specified in the Instructions to Bidders/Proposers.

A Contract in substantially the form as attached as Exhibit B will be required from the winning bidder.

INSTRUCTIONS TO BIDDERS/PROPOSERS

SECTION 1

1.1 PRE-PROPOSAL MEETING/PROJECT VISIT

A non-mandatory Pre-Proposal Conference is scheduled for 10:00 A.M. local time, Tuesday, July 14, 2020 at Duluth City Hall with a project visit thereafter if necessary. No other OWNER project visits will be scheduled.

1.2 QUALIFICATIONS

Firm must have a current Contractor’s Public Liability Insurance policy and must be insurable in the following amounts: Bodily injury, including death limits of $1,000,000 for each accident. Property damage limits of $2,000,000 for each accident and $10,000,000 for the aggregate of operations. (The OWNER reserves the right to require additional limits and/or coverage for actual contract.)

The Contractor must be listed on the current Georgia Department of Transportation Pre-Qualified Contractors list and must provide a copy of Company Certificate of Qualification in the bid package. Vendors should provide a minimum of 5 verifiable years of experience (project listing) (this can include subcontractors) on Full Depth Reclamation with cement as the additive; a minimum of 10 lane miles of experience with a county or city in Georgia on Full Depth Reclamation with cement as the additive; and an 8-foot wide reclamation machine would be desired but other widths will be acceptable. Project listing shall include project name, location, dates and owner’s representative with current contact information, including phone number and address.

Firm must have bid bond issued by a Surety listed on the Treasury as licensed in the State of Georgia, or a cashier’s check in the amount of five percent (5%, but not less than $5,000) of your total proposal to be enclosed with your proposal at the time of proposal opening to be made payable to OWNER. No other form of security will be accepted.

1.3 SUBMITTAL OF QUESTIONS AND REQUESTS FOR CLARIFICATION

It is the responsibility of each respondent to seek clarification in writing, and review its submittal for accuracy before submitting the document. Once the submission deadline has passed, all submissions will be final. The OWNER will not request clarification from individual respondents relative to their submission, but reserves the right to ask for additional information from all parties who have submitted qualifications.

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No interpretation of the meaning of the Contract Documents will be made orally to any bidder. Any request for any such interpretation should be in writing and addressed to the Public Works Director, Audrey Turner at aturner@duluthga.net. And to be given consideration, such requests must be received by Monday, July 20, 2020 at 5:00 P.M. local time. No phone calls. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications, which if issued, will be posted on the City’s website, www.duluthga.net, and the Georgia State Procurement Registry website. All addenda so issued shall become part of the contract documents.

1.4 INSTRUCTIONS FOR PREPARING FEE PROPOSALS

Fee proposals shall be submitted along with the Proposal Form. The Fee Proposal Exhibit “A” attached to this section, INSTRUCTIONS TO BIDDERS/PROPOSERS, shall be submitted by each Proposer.

Fee Proposals shall include a total bid price for all materials, labor, tools, equipment and all other miscellaneous and/or necessary items for the full depth reclamation and paving of Heath Lane & Chelsea Court, including, but not limited to: full depth reclamation of existing pavement, placement of required asphaltic concrete pavement, leveling as required, adjustment of manholes, water valves or other structures, restriping as needed, replacing failing subgrade as directed by engineer, removing and replacing failing sinking curb as directed by engineer, erosion control, dust control, traffic control.

ALTERNATE NO. ONE – VICTORIA WAY

Fee proposals shall include a total bid price for all materials, labor, tools, equipment and all other miscellaneous and/or necessary items for the full depth reclamation and paving of Victoria Way, including, including, but not limited to: full depth reclamation of existing pavement, placement of required asphaltic concrete pavement, leveling as required, adjustment of manholes, water valves or other structures, restriping as needed, replacing failing subgrade as directed by the engineer, removing and replacing failing sinking curb as directed by the engineer, erosion control, dust control, traffic control.

1.5 SUBMITTAL OF PROJECT PROPOSALS AND FEE PROPOSALS

PROPOSER shall provide three (3) copies of the entire bid proposal – two (2) originals and one electronic version (on CD or thumb drive). Proposals must be submitted in a sealed envelope, addressed to OWNER. The sealed envelope containing the Proposals must be plainly marked on the outside as “2020 Full Depth Reclamation Project”. If the Proposal is forwarded by mail, the sealed envelope containing the Proposal must be enclosed in another envelope to the attention of OWNER at the address previously given.

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Proposals must be physically received by OWNER prior to the deadline indicated in the INVITATION TO BID/PROPOSAL at the exact address below:

City of Duluth Attn: Teresa Lynn, City Clerk 3167 Main Street Duluth, GA 30096

No Proposals will be accepted after the time set for receipt. Proposals submitted via facsimile or e-mail will be rejected. The OWNER reserves the right to reject any and all submittals, and to cancel the solicitation in its entirety and possibly re-advertise and issue a revised solicitation for any reason. With the submittal of a Proposal, the Proposer agrees that the proposals shall remain valid for a period of ninety (90) days.

1.6 ERRORS IN BIDS:

Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting bids. Failure to do so will be at the bidder’s own risk.

1.7 CONTRACT INFORMATION

The total bid price will include materials, labor, tools, equipment and all other miscellaneous and/or necessary items for the full depth reclamation, paving and restriping as required of Heath Lane & Chelsea Court including, but not limited to: full depth reclamation of existing pavement, placement of required asphaltic concrete pavement, leveling as required, adjustment of manholes, water valves or other structures, restriping, replacing of stop signs and traffic signal loops, replacing failing subgrade as directed by the engineer, removing and replacing failing sinking curb as directed by the engineer, erosion control, dust control and traffic control.

ALTERNATE NO. ONE: The total bid price will include materials, labor, tools, equipment and all other miscellaneous and/or necessary items for the full depth reclamation, paving and restriping as required of Victoria Way including, but not limited to: full depth reclamation of existing pavement, placement of required asphaltic concrete pavement, leveling as required, adjustment of manholes, water valves or other structures, restriping, replacing of stop signs and traffic signal loops, replacing failing subgrade as directed by the engineer, removing and replacing failing sinking curb as directed by the engineer, erosion control, dust control and traffic control.

ADDITIONAL TERMS AND CONDITIONS

A. Restriction of Communication From the issue date of the ADVERTISEMENT FOR CONTRACTOR PROPOSALS solicitation until a successful proposer is selected and the selection is announced, proposers are

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not allowed to communicate for any reason with any members of the OWNER, or the Architect/Engineer, except for submission of questions as instructed in the ADVERTISEMENT FOR CONTRACTOR PROPOSALS, or during the proposer’s conference (if applicable), or as provided by any existing work agreement(s). For violation of this provision, the OWNER reserves the right to reject the proposal of the offending proposer.

B. Submittal Costs and Confidentiality All expenses for preparing and submitting responses are the sole cost of the party submitting the response. The OWNER is not obligated to any party to reimburse such expenses. All submittals upon receipt become the property of the OWNER. Labeling information provided in submittals “proprietary” or “confidential”, or any other designation of restricted use will not protect the information from public view. Subject to the provisions of the Open Records Act, the details of the proposal documents will remain confidential until final award.

C. Award Conditions This request and any proposal submitted in response, regardless of whether the proposal is determined to be the best proposal, is not binding upon the OWNER and does not obligate the OWNER to procure or contract for any services. Neither the OWNER nor any party submitting a response will be bound unless and until a written contract mutually accepted by both parties is negotiated as to its terms and conditions and is signed by the OWNER and a party containing such terms and conditions as are negotiated between those parties. The OWNER reserves the right to waive non-compliance with any requirements of this Request for Proposal and to reject any or all proposals submitted in responses. Upon receipt and review of responses, the OWNER will determine the party(s) and proposal that in the sole judgment of the OWNER is in the best interest of the OWNER (if any is so determined), with respect to the evaluation criteria contained herein. The OWNER then intends to conduct negotiations with such party(s) to determine if a mutually acceptable contract may be reached and in the course of doing so may use ideas expressed in any proposal.

D. Reciprocal Preference Law For the purposes of evaluation only, a proposer that resides in the State of Georgia will be granted the same preference over proposers that reside in another State in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other State to proposers that reside therein. For the purposes of this law, the definition of a resident proposer is one who maintains a place of business with at least one employee inside the State of Georgia. A P.O. Box address will not satisfy this requirement.

E. Immigration Reform Compliance Requirement The successful Proposer shall be responsible for complying with the Georgia Security and Immigration Compliance Act of 2006 (OCGA 13-10-90 & 13-10-91) and the Rules of the GA Department of Labor implementing the GA Security and Immigration Compliance Act of 2006 (Rules 300-10-1-.01 through 300-10-1.09). Successful Proposer shall also be responsible for ensuring compliance of any subcontractors that may be used on the project.

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F. Statement of Agreement With the submission of a proposal, the Proposer agrees that he/she has carefully examined the Request for Proposal and the Proposer agrees that it is the Proposer’s responsibility to request clarification on any issues in any section of the Request for Proposal with which the Proposer disagrees or needs clarified. The Proposer also understands that failure to mention these items in the proposal will be interpreted to mean that the Proposer is in full agreement with the terms, conditions, specifications and requirements therein. With submission of a Proposal, the Proposer hereby certifies: (a) that this proposal is genuine and is not made in the interest of or on behalf of any undisclosed person, firm, or corporation; (b) that Proposer has not directly or indirectly included or solicited any other Proposer to put in a false or insincere proposal; (c) that Proposer has not solicited or induced any person, firm or corporation to refrain from sending a proposal.

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Exhibit A – Fee Proposal

CITY OF DULUTH FULL DEPTH RECLAMATION AND PAVING OF

HEATH LANE AND CHELSEA COURT ALTERNATE NO. ONE – VICTORIA WAY

WITHIN THE CITY OF DULUTH

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PROPOSAL FORM TO: THE CITY OF DULUTH 3167 MAIN STREET DULUTH, GEORGIA 30096

Gentlemen: In compliance with your Notice to Contractors, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Duluth to provide the necessary machinery, tools, apparatus, and other means of construction, and all materials and labor specified in the Contract, necessary to complete the work in the manner therein specified within the time specified, as therein set forth, for:

FULL DEPTH RECLAMATION AND ASPHALTIC CONCRETE PAVEMENT OF:

HEATH LANE & CHELSEA COURT

QUANTITIES

LINE NO.

ITEM NO.

DESCRIPTION

UNIT

ESTIMATED BID

QUANTITY

UNIT PRICE

BID

TOTAL BID PRICE

ROADWAY

0005 150-1000 TRAFFIC CONTROL LS LUMP

0010 301-5000 PORTLAND CEMENT TN 247

0015 315-1080 CEMENT STABILIZED RECLAIMED BASE COURSE, 8 IN, INCL

MATERAL

SY 7901

0020 402-3130 RECYCLED ASPH CONC 12.5 MM

SUPERPAVE, GP 2 ONLY, INCL BITUM

MATL & H LIME

TN

870

0025 413-0750 TACK COAT GL 475

0030 441-6750 ROLL TYPE CURB & GUTTER, 6 IN X 24 IN

LF 200

0035 611-3000 RECONSTR CATCH BASIN, GROUP 1

EA 1

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EROSION CONTROL

0040 161-100 EROSION CONTROL LS LUMP

SIGNING AND MARKING

0045 653-1704 THERMOPLASTIC SOLID TRAF STRIPE,

24 IN, WHITE

LF 63

TOTAL:

The Bidder has carefully examined and fully understands the Contract, Plans and Specification, and other Contractual Documents hereto attached, and has made a personal examination of the Site of the proposed work and has satisfied himself as to the actual conditions and requirements of the work, and hereby proposes and agrees that if his proposal is accepted, he will contract with the CITY OF DULUTH in full conformance with the Contract Documents.

It is the intent of this Proposal to include all items of construction and all Work indicated on the Drawings and called for in the Specifications.

In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Schedule of Items for the following bid amounts:

Total Bid Amount:

Dollars ($ )

The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled.

The Bidder further proposes and agrees hereby to promptly commence the Work with adequate force and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete the Work within 120 calendar days.

COMPANY DATE

SIGNATURE TITLE

DATE

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PROPOSAL FORM TO: THE CITY OF DULUTH 3167 MAIN STREET DULUTH, GEORGIA 30096

Gentlemen:

In compliance with your Notice to Contractors, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Duluth to provide the necessary machinery, tools, apparatus, and other means of construction, and all materials and labor specified in the Contract, necessary to complete the work in the manner therein specified within the time specified, as therein set forth, for:

ALTERNATE NO. ONE FULL DEPTH RECLAMATION AND ASPHALTIC CONCRETE PAVEMENT OF:

VICTORIA WAY

QUANTITIES

LINE NO.

ITEM NO.

DESCRIPTION

UNIT

ESTIMATED BID

QUANTITY

MEAN UNIT

PRICE BID

TOTAL PRICE BID

ROADWAY

0050 150-1000 TRAFFIC CONTROL LS LUMP

0055 301-5000 PORTLAND CEMENT TN 68

0060 315-1080 CEMENT STABILIZED RECLAIMED BASE COURSE, 8 IN, INCL

MATERAL

SY

2174

0065 402-3130 RECYCLED ASPH CONC 12.5 MM SUPERPAVE, GP

1 OR 2,INCL BITUM MATL & H LIME

TN

240

0070 413-0750 TACK COAT GL 131

0075 441-6750 ROLL TYPE CURB & GUTTER, 6 IN X 24 IN

LF 50

0080 611-3000 RECONSTR CATCH BASIN, GROUP 1

EA 1

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EROSION CONTROL

0085 161-1000 EROSION CONTROL LS LUMP

SIGNING AND MARKING

0090 653-1704 THERMOPLASTIC SOLID TRAF STRIPE, 24 IN,

WHITE

LF 25

TOTAL:

The Bidder has carefully examined and fully understands the Contract, Plans and Specification, and other Contractual Documents hereto attached, and has made a personal examination of the Site of the proposed work and has satisfied himself as to the actual conditions and requirements of the work, and hereby proposes and agrees that if his proposal is accepted, he will contract with the CITY OF DULUTH in full conformance with the Contract Documents.

It is the intent of this Proposal to include all items of construction and all Work indicated on the Drawings and called for in the Specifications.

In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Schedule of Items for the following bid amounts:

Total Bid Amount:

Dollars ($ )

The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled.

The Bidder further proposes and agrees hereby to promptly commence the Work with adequate force and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete the Work within 120 calendar days.

COMPANY DATE

SIGNATURE TITLE

DATE

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CORPORATE CERTIFICATE

I, ,certify that I am the Secretary of the Corporation named as Contractor in the foregoing proposal; that, who signed said proposal in behalf of the Contractor, was then (Title) of said Corporation; that said proposal was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers, that said Corporations organized under the laws of the State of Georgia.

This day of 2020

(SEAL) Signature

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SURETY REQUIREMENTS

A Bid Bond for five percent (5%, but not less than $5,000) of the amount of the bid is required to be submitted with each Bid.

A Performance Bond for one hundred percent (100%) of the bid will be required of the successful bidder.

A Payment Bond for one hundred and ten percent (110%) of the bid will be required of the successful bidder.

The Bidder certifies that he/she has examined all documents contained in this bid package and is familiar with all aspects of the proposal and understands fully all that is required of the successful bidder. The Bidder further certifies that his/her bid shall not be withdrawn for ninety (90) days from the date on which the bid is publicly opened and read.

The Bidder agrees, if awarded this bid, he/she will:

Furnish, upon receipt of an authorized CITY OF DULUTH Contract Agreement, all items indicated thereon as specified in this bid proposal for the bid amount, or;

Enter a contract with the City to do and/or furnish everything necessary to provide the service and/or accomplish the work as stated and/or specified in this bid proposal for the bid amount, and;

Furnish a 100% Performance Bond and a 110% Payment Bond, and acknowledges the City’s right to require a Performance Bond and a Payment Bond of a specific kind and origin, and;

Forfeit the amount of the Bid Bond as liquidated damages if he/she fails to enter a contract with the City as stated in (B) above, within fifteen (15) days of the date on which he/she is awarded the bid.

COMPANY DATE

SIGNATURE TITLE

TELEPHONE NUMBER_

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BID BOND

KNOW ALL MEN BY THESE PRESENTS, THAT WE (hereinafter called the Principal) and (hereinafter called the Surety), a Corporation chartered and existing under the laws of the State of with its principal offices in the City of and authorized to do business in the State of Georgia, are held and firmly bound unto the City of Duluth in the full and just sum of Dollars ($ ) good and lawful money of the United States of America, to be paid upon demand of the City of Duluth, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, and assigns jointly and severally and firmly by these presents.

WHEREAS, the Principal is about to submit, or has submitted, to the City of Duluth, a proposal for furnishing materials, labor and equipment for:

FULL DEPTH RECLAMATION AND ASPHALTIC CONCRETE PAVEMENT OF: HEATH LANE AND CHELSEA COURT

AND

ALTERNATE NO. ONE: VICTORIA WAY

WHEREAS, the Principal desires to file this Bond in accordance with law in lieu of a certified Bidder’s check otherwise required to accompany this Proposal.

NOW, THEREFORE, the conditions of this obligation are such that if the proposal be accepted, the Principal shall within ten (10) days after receipt of notification of the acceptance, execute a Contract in accordance with the Proposal and upon the terms, conditions and prices set forth in the form and manner required by the City of Duluth, and execute a sufficient and satisfactory Performance Bond in the amount of 100% of the total contract price and Payment Bond in the amount of 110% of the total contract price payable to the City of Duluth, in form and with security satisfactory to said City of Duluth, and otherwise, to be and remain in full force and virtue in law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements with the time specified above, immediately pay to the City of Duluth, Georgia, upon demand, the amount hereof in good and lawful money of the United States of America, not as penalty, but as liquidated damages.

IN TESTIMONY THEREOF, the Principal and Surety have caused these presents to be duly signed and sealed this day of , 2020.

Surety (SEAL) Principal (SEAL)

BY BY

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OCCUPATIONAL TAX CERTIFICATE

Vendors/Contractors whose business is located within the unincorporated area of the City of Duluth, or within any of the incorporated areas of Duluth, are to submit a copy of the appropriate Business License.

CURRENT OCCUPATIONAL TAX CERTIFICATE

NUMBER

DULUTH NUMBER

OTHER

RECEIPT IS HEREBY ACKNOWLEDGED OF ADDENDUM NUMBERS

The undersigned bidder certifies that he/she has received the above listed and marked documents and acknowledges that his/her failure to return each, completed and signed as required, may be cause for disqualifying his/her bid.

BY DATE Signature

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PROPOSED CONTRACT – EXHIBIT B

STATE OF GEORGIA

CITY OF DULUTH

CONSTRUCTION CONTRACT

2020 LMIG FULL DEPTH RECLAMATION AND ASPHALTIC CONCRETE PAVING ON HEATH LANE, CHELSEA COURT AND (ALTERNATE IF ACCEPTED) VICTORIA WAY.

THIS AGREEMENT is made this day of , between (hereinafter called the “Contractor”) and the City of Duluth; 3167 Main Street, Duluth, GA 30096 (hereinafter called the “City”). Both parties do mutually agree as follows:

1. Scope and Cost: The Contractor agrees to furnish Contract Documents, labor, supervision, materials, equipment, tools, supplies, disposal and services necessary to timely and fully perform and complete in a neat, first-class and workmanlike manner and in strict compliance with the Contract Documents, drawings, specifications provided as applicable to the contractor, all of the specific work and services described below. Costs to provide the above scope of work shall be inclusive of taxes, labor, supervision, disposal, materials, equipment, tools, transportation, and any associated written reports.

The Contractor shall commence the work with adequate force and equipment within ten (10) days from receipt of the Notice to Proceed. The Contractor hereby assumes the entire responsibility and liability for any and all injury to or death of any and all persons, including the Contractors agents, servants and employees, and in addition thereto, for any and all damages to property caused by or resulting from or arising out of any act or omission in connection with this Contract or the prosecution of work hereunder, whether caused by the Contractor or the Contractor’s agents, servants or employees or by any of the Contractor’s subcontractors or suppliers. This Contract executed in duplicate, constitutes the full agreement between the parties and the Contractor shall not sublet, assign, transfer, pledge, convey, sell or otherwise dispose of the whole or any part of this Contract or his right, title or interest therein to any person, firm or corporation without the previous consent of the City in writing.

2. Contract Documents

2.1 The term “Contract Documents” above includes all portions of the specifications published and/or advertised by the City for purposes of soliciting bids for this project. Including Instructions to Bidders, Bid Document, Addenda, Plans, Drawings, Specifications, General And Special Conditions, Guarantees, Contracts, Schedules and all documents sent in by Contractor in response thereof; such bids including but not limited to, the Contractors Bid and Invitation to Bid and/or Project Manual and Instructions are attached hereto. The scope of work therefore, may not extend beyond these descriptions as set forth above without proper adjustments and/ or opportunity made available so as to properly compensate the contractor for any such scope of work.

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2.2 Contractor agrees to perform the contract work to the satisfaction of the City. Contractor agrees to provide and pay for all labor, regardless of craft or jurisdiction, materials, tools, supplies and equipment, except as otherwise provided herein, to perform the work in strict conformity with the contract documents.

3. Project Duration: The duration of the project shall be for a period of not more than 90 (ninety) business days from the Contractors receipt of the written notice to proceed and a properly executed agreement by both parties. Both documents of which are part of the official documentation of said project. Any extension of this time period for rain or other weather delays must be agreed upon by both parties and executed by a written change order.

4. Contract Sum and Payments:

4.1 The total contracted amount is:

4.2 Payments shall be made for work satisfactorily completed after contractor has submitted a pay request to the City unless contractor is in default. Upon the City’s satisfaction that the work is being completed in accordance with the Contract Documents, payment for the amount requested, less ten percent (10%) retainage as set forth in Section 109 Measurement and Payment of the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems, 2013 Edition and any subsequent Supplemental Specifications modifying them, including 2016 edition Supplemental Specifications, special provisions included in and made a part of this proposal and apply to this contract.

4.3 Prior to the final payment, Contractor will provide an affidavit showing that its labor, materials and other bills have been paid, along with a full release and/or unconditional lien waivers, in a form satisfactory to Contractor and City.

4.4 Final payment, not including retainage, shall be made to Contractor not later than fifteen (15) days after receipt of the Contractor’s final written requisition for payment and acceptance of the final completed project. Final payment of retainage withheld will not be made until the project has been satisfactorily completed and granted final acceptance by the Public Works Director or their designee, but not sooner than 90 (ninety) days after project completion.

4.5 The parties agree that in the event the Contractor fails to perform within the specified contract period the Contractor shall pay the City liquidated damages and/or default of contract in accordance with section 108.08 and 108.09 of the Georgia Department of Transportation Standard Specifications for each calendar day in excess of the contract time until the project is considered substantially complete by the City.

5. Execution of Work:

5.1 The Contractor agrees, within ten (10) calendar days after written notification to proceed by City, to commence the contract work in the field, at such points as the city may designate,

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and to continue diligently in its performance. Time is of the essence of this contract. If Contractor is given reasonable time to perform and fails to do so, any work performed by the City on behalf of the Contractor will be charged back as necessary to cover costs for such work.

5.2 Contractor shall promptly provide the City with any scheduling information requested. City may revise any schedule, if necessary, as the work progresses.

5.3 Contractor shall cooperate with the City and other subcontractors/contractors whose work may interfere with or affect the Contractors work.

5.4 Contractor shall give adequate notices pertaining to its work to the proper authorities and shall secure all necessary licenses and permits to carry on its work; a copy to be provided to City by Contractor prior to the start of contract work.

5.5 Contractor shall require all employees, subcontractors and agents to access the project site via Heath Lane only. Under NO CIRCUMSTANCES SHALL KENSINGTON DRIVE BE USED TO ACCESS THE WORK SITE. The use of other roads or streets to access the project site by the Contractor, it’s employees, subcontractors, or agents shall be considered a material breach of this contract.

6. Compliance with Immigration laws and Regulations:

6.1 The Contractor shall be responsible for complying with the GA Security and Immigration Compliance Act of 2006 (OCGA 13-10-90 & 13-10-91) and the Rules of the GA Department of Labor implementing the GA Security and Immigration Compliance Act of 2006 (Rules 300-10-1-.01 through 300-10-1-.09). In accordance with these provisions, the Contractor shall complete the attached affidavits.

6.2 The Contractor affirms and agrees that it is currently registered and participates in the federal work authorization program to verify information of all new employees pursuant to OCGA 13-10-91 (b).

6.3 The Contractor affirms and agrees that any and all subcontractors that it will use on the above described project are registered and participate in the federal work authorization program to verify information of all new employees. It is the Contractors responsibility to submit additional E-verify affidavits on every subcontractor for this project.

6.4 Pursuant to OCGA 50-36-1, Proposer shall provide information regarding citizenship status and shall complete and file with the City the SAVE Public Benefits Affidavit, attached hereto.

6.5 The failure to abide by the provisions and agreements set forth in this Subsection shall constitute a breach and default of this contract.

7. Insurance: Contractor agrees to provide insurance and make available upon request by the City, evidence of such insurance, in the amounts specified and set forth in of the bid documents attached hereto.

8. Performance and Payment Bond: 8.1 The Contractor agrees to provide Performance and Payment Bonds as specified and set forth

in the Invitation to Bid/Instructions to Bidders attached hereto. The parties further mutually

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agree that if at any time after the execution of this contract and the surety bonds attached hereto for its faithful performance, the City shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at no additional expense to the City, within five days after the receipt of notice from the City to do so, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payment to the Contractor shall be deemed to be due under this contract until such new or additional security for the faithful performance of the work shall be furnished in a manner and form satisfactory to the City.

8.2 The Contractor shall deliver the Bonds to the City at the time this contract is executed. The failure to provide the Bond documents shall result in a default of this contract.

9. Inspection, Testing and Approvals:

9.1 Contractor shall notify the City and/or its representatives when portions of its work are ready for inspection. City shall make reasonable efforts after receiving notice from Contractor, to inspect said scope of work completed. Limitations and/or sizes of such portions of work shall be agreed upon by City and Contractor prior to starting each phase thereof.

9.2 Contractor agrees to “make right” at no additional cost to the City any such portion that is determined by City’s representatives to be incomplete within the bounds of the contract. Contractor shall promptly perform any and all punch list work submitted to it by the City.

9.3 Whenever, in these Contract Documents, testing or certification of materials is called for, the selection of bureaus, laboratories, and/or agencies for such testing shall be made by the Contractor. Documentary evidence satisfactory to the Engineer that the materials have passed the required tests must be furnished to the Engineer by the bureau, agency or laboratory selected. All labs utilized for testing must be certified by AASHTO and must be up to date on qualifications. Proof of these certifications and qualifications will be requested. The cost of any such testing shall be paid for by the Contractor. No separate payment shall be made for this work and all costs shall be considered incidental and included in overall pricing.

10. Project Maintenance and Warranty

10.1 The Contractor shall maintain and keep in good condition all the work covered by these drawings, specifications, profiles and plans until acceptance by Owner. The Contractor shall warrant for a period of 18 (Eighteen) months from the date of Owner’s written acceptance of certain segments of the Work and/or Owners final written acceptance of the project, as defined in the Contract Documents, that the completed work is free from all defects due to faulty product or workmanship and the Contractor shall promptly make such corrections as may be necessary by reason of such defects. The owner will give notice of observed defect with reasonable promptness. In the event that the Contractor should fail to make such repairs, adjustments or other work that may be made necessary by such defects, the Owner may do so and charge the Contractor the cost thereby incurred. The Performance Bond shall remain in full force and effect throughout the warranty period.

10.2 The Contractor shall not be obligated to make repairs which become necessary because of ordinary wear and tear or as a result of improper work or damage by another Contractor or the Owner or to perform any work which is normally performed by a maintenance crew

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during regular operations. The Owner shall preserve the pavement through various recognized methods of preservation, Owner reserves the right to choose the preservation technique.

11. Termination:

11.1 The City may terminate the contract for failure by the Contractor to comply with the terms and conditions of its contract or failure by the Contractor to correct problems brought to its attention by the City, each of which failures shall constitute a default. In the event of such termination, that Contractor will be paid only those sums due and owing under the contract for performance satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become, due and owing to the City.

11.2 The City, for its convenience and without cause, may terminate this contract whenever the City determines that such termination is in its best interest after giving ten (10) days written notice of such termination to the Contractor. In the event of a termination for convenience, the City shall pay all amounts due and owing to the Contractor for performance satisfactorily rendered. However, in no event shall the total amounts paid to the Contractor exceed the contract price. The Contractor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination.

12. Disputes/Resolutions:

12.1 Any claims or disputes that may arise, including adjustments to compensation or to time of completion shall be initiated by written notice within five (5) days after either party becomes aware of the claim or issue in dispute. The parties shall have ten (10) days following such written notice to cure or resolve any dispute. Notwithstanding the foregoing, the failure to provide written notice shall not serve as a bar to an action in law or equity for either party.

12.2 The City and Contractor shall make all reasonable efforts to resolve any and all matters of dispute without the involvement of any third party. However, if such efforts are not successful after a thirty (30) day period, then both parties agree to resolve their claims by filing a Complaint in the Superior Court of Gwinnett County, Georgia. The terms of this Agreement shall be integrated and enforced under the Laws of Georgia.

13. Indemnity: Contractor assumes full liability for any and all damages, death or injury of any kind to all person(s), whether employees or otherwise, and property arising out of or in any way connected with its work, and shall to the fullest extent permitted by law defend, indemnify and hold harmless City, and their respective officers, agents and employees, (herein referred to as Indemnities), from and against any and all claims, losses, suits, damages, legal costs and expenses and otherwise, arising out of or in any way connected with Contractor’s work. If any claim or demand is made against City for any matter enumerated herein, any payment due, or thereafter to become due, to Contractor shall be held by City to cover such losses and expenses.

14. Compliance with Laws and Safety Regulations:

13.1 All work, labor, safety rules, services and materials to be furnished by Contractor must strictly comply with all applicable federal, state and local laws, rules, regulations, statutes, ordinances and directives (hereinafter “Laws”) now in force or hereafter in effect. All work, labor, services or materials necessary to comply with said laws will be furnished by Contractor as

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part of this Contract without any additional compensation.

13.2 Equal Opportunity Agreement:

a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, or handicapping condition. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, national origin or handicapping condition. Such action shall include but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provision of this nondiscrimination clause.

b. The Contractor will, in all solicitations or advertisements for employees placed or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, national origin, or handicapping condition.

c. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers’ representative of the Contractors commitments under Section 202 of Executive Order 11246, as amended (3 CFR 169 (1979)), and shall post copies of notices in conspicuous places available to employees and applicants for employment.

d. The Contractor will comply with all provisions of Executive Order 11246, as amended, and the rules, regulations and relevant orders of the Secretary of Labor.

e. The Contractor will furnish all information and reports required by Executive order 11243, as amended and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and account by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

f. In the event of Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive order 11246, as amended, or by rules, regulations, or orders of the Secretary of Labor, or as otherwise provided by law.

g. The Contractor will include the provisions of paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive order 11246, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided however, that in the event the Contractor becomes involved in or is threatened with litigation with a

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subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

13.3 Contractor agrees to comply with the Drug free Work Place Act.

14. Interpretation: This contract shall be interpreted under the laws of the State of Georgia.

15. Amendments:

15.1 Any amendments to this contract shall be made in advance in writing and shall not be binding until such amendment is agreed upon and executed by both parties.

15.2 No change order shall be binding unless reduced to writing and agreed upon by both parties in writing.

16. Public Convenience and Safety:

16.1 All of the projects must maintain at least one (1) lane of traffic at all times into the subdivisions. During lane closures, flaggers must be used to move traffic safely. Contractor shall also post signage at beginning and end of project limits to notify City residents as outlined in Bid Documents. Contractor may not commence work without signage being posted.

17. Work Hours: Work hours are from 7:30 A.M. until 6:00 P.M. Monday through Friday. No weekend work is allowed.

18. Pre-Construction Conference: The Contractor shall attend a pre-construction conference with City Staff prior to commencing any work.

19. Drug-Free Workplace: The Contractor is required to certify a Drug-Free Workplace for all employees, including subcontractors. Affidavit is attached hereto.

20: Equipment Parking: Equipment shall not be parked in residential cul-de-sacs or on residential streets after work hours or on the weekends. Any damage (including staining of pavement) left by standing/parked equipment will be the responsibility of the contractor to clean up. Contractor is also responsible for clean up of any asphalt or concrete washed out onto public or private property.

21. School Buses: Contractor is responsible for providing safe passage through construction zones for school buses. Contractor is responsible for providing any adjustments necessary to allow buses to pick up and drop off children. As necessary, Contractor is required to halt construction while children are in the work zone.

22. Homeowners Meeting: A Homeowners Meeting may be scheduled to explain the upcoming work, processes and provide a schedule. Contractor is responsible to provide a representative to attend that meeting and answer questions. City Staff will assist with this meeting.

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IN WITNESS WHEREOF, The City and Contractor have executed this contract consisting of pages and the Attachments/Exhibits/Statements/Affidavits (if any) on the day and year first above written, by their proper officers or agents, duly authorized in the premises.

CONTRACTOR: CITY

By: By:

Printed Name and Title Printed Name and Title

Federal I.D. Number:

(Seal)

Notary Public Notary Public

In the presence of: In the presence of:

Subscribed and sworn to before me Subscribed and sworn to before me

This day of 2020 This day of 2020

My Commission Expires:

In the County of:

My Commission Expires:

In the County of:

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GENERAL CONDITIONS SECTION 2

2.1 SPECIFICATIONS:

Any obvious error or omission in specifications shall not inure to the benefit of the bidder, but shall put the bidder on notice to inquire of or identify the same from the City. Whenever herein mention is made of any article, material or workmanship to be in accordance with laws, ordinances, building codes, underwriter's codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., shall be construed to be the minimum requirements of these qualifications. The attached specifications shall be used for this project.

2.2 MULTIPLE BIDS:

No vendor shall be allowed to submit more than one bid.

2.3 BID FOR ALL OR PART:

Bidders must submit a bid for the Base Bid items of the project. Bidder may not restrict his bid to consideration in the aggregate.

2.4 PRICES TO BE FIRM:

Bidder warrants that bid prices, terms and conditions quoted in his bid will be firm for acceptance for a period of Ninety (90) days from bid opening date, unless otherwise stated in the bid.

2.5 COMPLETENESS:

All information required by Invitation for Bids/Proposals must be completed and submitted to constitute a proper bid proposal.

2.6 QUALITY:

All materials, or supplies used for the construction necessary to comply with this proposal shall be of the best quality and of the highest standard of workmanship. Workmanship employed in any construction, repair, or installation required by this proposal shall be of the highest quality and meet recognized standards within the respective trades, crafts, and of the skills employed.

2.7 GUARANTEE:

Unless otherwise specified by the City, the Bidder shall unconditionally guarantee the materials and workmanship on all material and/or services. If, within the guarantee period any defects occur which are due to faulty material and/or services, the contractor at his expense, shall repair or adjust the condition, or replace the material and/or services to the complete satisfaction of the City. These repairs, replacement or adjustments shall be made only at such time as will be designated by the City as being least detrimental to the operation of the City business.

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2.8 WARRANTY:

Contractors must be qualified to perform the scope of work listed below. Qualifications include at a minimum of 5 years’ experience paving as specified in the options listed.

Contractor shall provide a Eighteen (18) months warranty on all work completed, this includes both the asphalt and the Full Depth Reclamation. This includes rutting, pumping, shoving, base failure, raveling or other pavement failures due to poor workmanship or materials.

2.9 LIABILITY PROVISIONS:

Where bidders are required to enter or go onto City property to take measurements or gather other information in order to prepare the bid or proposal as requested by the City, the bidder shall be liable for any injury, damage or loss occasioned by negligence of the bidder, his agent, or any person the bidder has designated to prepare the bid and shall indemnify and hold harmless the City from any liability arising therefrom. The contract documents specify the liability provisions required of the successful bidder in order to be awarded a contract with the City.

2.10 CANCELLATION OF CONTRACT:

The contract may be cancelled or suspended by the City in whole or in part by written notice of default to the contractor upon non-performance or violation of contract terms as described in Section 108 of GDOT Specifications.

2.11 PATENT INDEMNITY:

Except as otherwise provided, the successful bidder agrees to indemnify the City and its officers, agents and employees against liability, including costs and expenses for infringement upon any letters patent of the United States arising out of the performance of this contract or out of the use of disposal for the account of the City of supplies furnished or construction work performed hereunder.

2.12 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION:

By submission of this bid, the bidder certifies, and in the case of a joint bid each party thereto certifies, as to its own organization, that in connection with this procurement:

(1) The prices in this bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor.

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder prior to opening, directly or indirectly to any other bidder or to any competitor; and

(3) No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose or restricting competition.

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2.13 SIGNED BID CONSIDERED OFFER:

The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon approval by the City, Purchasing Agent or his designee. In case of default on the part of the bidder after such acceptance, the City may take action as it deems appropriate, including legal action for damages or lack of required performance.

2.14 NOTICE TO PROCEED:

The successful bidder or proposer shall not commence work under this Invitation to Bid until a written contract is awarded and a Notice to Proceed is issued by the City or their designee. If the successful bidder does commence any work or deliver items prior to receiving official notification, he does so at his own risk.

2.15 BONDS:

Such bidder shall post a bid bond, certified check or money order made payable to the City in the amount of 5% of the bid price (but not less than $5,000) and be accompanied with agents & underwriters name, address and phone number. Contractor(s) shall post a payment bond of 110% of the bid price and a performance bond of 100% of the bid price if awarded the project. Such Bond(s) are due simultaneously with delivery of the executed contract as a guarantee that goods meet specifications and will be delivered per contract. Such bonds will also guarantee quality performance of services and timely payment of invoices to any subcontractors.

Bonding companies must meet the following requirements:

Licensed to do business in the State of Georgia Licensed to business by the Georgia Secretary of State Must have an A.M. Best rating of A-5 or higher

2.16 SECTION RESERVED.

2.17 TERMS OF CONTRACT: (check where applicable)

A. Annual Contract

B. One-time Purchase

X C. Other One Time Contract

2.18 RESPONSIBILITY FOR CLAIMS AND RELIABILITY:

The Contractor shall agree to hold harmless, indemnify and defend the City and its agents, Engineers, engineers and employees while acting within the scope of their duties from and against any and all liability, claims, damages and cost of defense arising out of the Contractor's performance of the work described herein, but not including the sole negligence of the City, its agents, Engineer and engineers, or employees. The Contractor will require any and all Subcontractors to conform to the provisions of this clause prior to commencing any work and agrees to ensure that this clause is in conformity with the insurance provisions of the contract

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2.19 INSURANCE:

Prior to the execution of the Contract and at all times that the Contract is in force, including authorized change orders, plus any period of guarantee as required in the general warranty, the contractor must obtain, maintain and furnish the City of Duluth, Certificates of Insurance from licensed companies doing business in the State of Georgia and acceptable to the City.

Such insurance must cover the following:

A. Statutory Workers Compensation: Employers Liability Bodily Injury by Accident - $100,000 each accident Bodily Injury by Disease - $500,000 policy limit Bodily Injury by Disease - $100,000 each employee

B. Comprehensive General Liability Insurance: $1,000,000 limit of liability per occurrence for bodily injury and property damage Owner’s and Contractor’s protective Blanket contractual liability Blanket “X”, “C”, and “U” Products/Completed Operations Insurance Broad form property damage Personal Injury Coverage Fire Legal Liability Property Damage Liability Insurance will provide explosion, collapse and underground coverage where applicable.

C. Automobile Liability: $500,000 limit of liability per occurrence for bodily injury and property damage Comprehensive form covering all owned, non-owned, leased, hired, and borrowed vehicles. Additional Insured Endorsement Contractual Liability

D. Umbrella Liability Insurance

Minimum $1,000,000 limit of liability Coverage at least as broad a primary coverage as outlined under items A, B, & C above.

E. The City of Duluth should be shown as an additional insured on General Liability, Automobile

Liability and Umbrella Liability policies.

F. The Contractors and 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.

G. All of the above policies shall be endorsed to provide for ten days’ notice for nonpayment and 30

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days’ notice of cancellation, non-renewal or material changes in coverages.

H. Certificate holder should read: City of Duluth 3167 Main Street, Duluth, Georgia 30096

I. Insurance Company must have an A.M. Best rating of A-5 or higher.

J. Insurance Company must be licensed to do business by the Georgia Secretary of State.

K. Insurance Company must be licensed to do business by the Office of the Georgia Insurance Commissioner.

L. Certificates of Insurance and any subsequent renewals, must reference specific bid /contract by name.

M. The Contractor shall agree to provide complete certified copies of insurance policy(ies) if requested by the City to verify the compliance with these insurance requirements.

N. All insurance coverages required to be provided by the Contractor will be primary over any insurance program carried by the City.

O. Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the project.

P. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every subcontractor in any tier, and shall require each and every subcontractor in any tier to comply with all such requirements. Contractor agrees that if for any reason subcontractor fails to procure and maintain insurance as required, all such insurance shall be procured and maintained by Contractor at Contractor’s expense.

Q. No Contractor or Subcontractor shall commence work of any kind under this contract until all insurance requirements in this contract have been complied with and until evidence of such compliance satisfactory to the City as to form and content has been filed with the City. The Acord Certificate of Insurance or a pre-approved substitute is the required form in all cases where reference is made to a Certificate of Insurance or approved substitute.

R. The Contractor shall agree to waive all rights of subrogation against the City, the City Council, its officers, officials, employees, and volunteers from losses arising from work performed by the Contractor for the City.

2.20 BASIS OF CONTRACT AWARD

If the contract is awarded, it will be awarded to the lowest responsive and responsible bidder.

The City reserves the right to reject any or all proposals and to waive any technicalities. Contracts will be administered by the City Representative. Invoices will be submitted to the City Representative as directed.

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2.21 SECTION RESERVED

2.22 SUBLETTING, ASSIGNMENT OR TRANSFER

The City considers the work of the CONTRACTOR personal. The CONTRACTOR agrees not to assign, sublet, or transfer any or all of its interest in this agreement without prior written approval of the City.

The City reserves the right to review all subcontracts prepared in connection with the agreement, and the CONTRACTOR agrees that it shall submit to the City any proposed subcontract documents together with the subcontractor cost estimates for review and written concurrence of the City in advance of their execution. All subcontracts of $10,000 or more shall include the provisions set forth in this agreement.

SECTION 3

3.1 DESCRIPTION OF WORK

This work consists of a base course composed of existing asphalt, surface treatments, sand graded aggregate, recycled asphalt pavement (RAP) or any combination of the above, stabilized with Portland cement, including removal and disposal of all excess pulverized material not required for the base course and furnishing and placing new asphaltic concrete pavement, all as indicated in the plans. The work will be performed in conformity with the lines, grades and typical sections established in the plans. The contractor shall be responsible for supplying all labor, equipment, laboratory and in-situ testing and all other items necessary for the timely completion of the Project.

FULL DEPTH RECLAMATION AND ASPHALTIC CONCRETE PAVEMENT OF:

HEATH LANE & CHELSEA COURT

All work under this contract shall be done in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems, 2013 edition (hereinafter sometimes referred to as GDOT Specs.) and subsequent Supplemental Specifications modifying them, including 2016 edition Supplemental Specifications, special provisions included in and made a part of this proposal.

It is the responsibility of the bidder to carefully examine and fully understand the contract, plans, specifications, and other documents hereto attached and make a personal examination of the site of the proposed work, and has satisfied himself as to the actual conditions and requirements of the work.

The bidder further agrees that the cost of any work performed, materials furnished, services provided, or expenses incurred, which are not specifically delineated in the contract documents but which are incidental to the scope, intent, and completion of the contract, shall be deemed to have been included in the prices bid for the various items scheduled.

3.2 MAINTENANCE

Once the Notice to Proceed has been issued, the contractor is held responsible for all maintenance included within the limits of the project throughout the duration of the contract without exception.

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3.2.1 PROTECTION: It shall be the Contractor’s responsibility to protect the pavement of City streets, sidewalks, curbs and other such infrastructure inside and outside of the project limits of construction during construction. Damage to any infrastructure inside or outside the project limits of construction caused by the Contractor shall be replaced or repaired at the Contractor’s expense. It shall be the Contractor’s responsibility to protect driveways, yards or other private property inside and outside the project limits of construction during construction. Damage to any private property, driveways, yards, windows, and other such property inside or outside the project limits of construction caused by the Contractor shall be repaired or replaced at the Contractor’s expense. No payment will be made for restoration and/or repair work.

3.2.2 RESTORATION: The Contractor shall restore all disturbed areas to match existing grades by top soiling, fertilizing, grassing, replacing sod and/or seeding. All costs associated with restoration shall be included in the unit prices proposals for the various items. No payment will be made for restoration work.

3.3 CONSTRUCTION SCHEDULE

The Contractor shall prepare a detailed schedule showing progress dates and completion dates of all phases. The schedule shall be presented to the Project Manager prior to commencing work.

3.4 LAYOUT OF THE WORK

The Contractor will layout his own construction survey and be responsible for all measurements in connection therein.

3.5 PAYMENT

Payments to the contractor shall be made monthly in the form of Lump Sum as percentage complete.

3.5.1 PHOTOGRAPHS REQUIRED FOR PAYMENT

Contractor shall submit with each application for payment, photographs of the work in progress from three separate locations. Photographs may be printed or provided in electronic format; but the same format shall be used throughout the project. Photographs must show date and location of work. These photographs shall be used to show progress to the City. No separate payment shall be made for this item and all costs will be included in other items. Payments may not be made until photographs have been received by the City.

3.5.2 RETAINAGE

For contracts of $50,000 or above, retainage on work completed will be withheld by the City as follows:

Retainage will be held at the rate of ten percent (10%) of the value of work completed, invoiced and approved by the Public Works Director. Final payment of the retainage withheld will not be made until the project has been satisfactorily completed and granted final acceptance by the Public Works Director or their designee, but not sooner than 90 (ninety) days after project completion.

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3.5.3 FINAL PAYMENT

Upon completion by the Contractor of the work, including the receipt of any final written submission of the Contractor and the approval thereof by the Public Works Director, the City will pay the Contractor a sum equal to 100 percent (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment.

The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the City for work done, materials furnished, costs incurred or otherwise arising out of this Contract Agreement and shall release the City from any and all further claims of whatever nature, whether known or unknown for and on account of said Contract Agreement, and for any and all work done, and labor and materials furnished in connection with same.

No final payment shall be made until the Contractor furnishes to the City a sworn affidavit to the effect that all bills are paid and no suits and/or liens are pending in connection with the work done or labor and materials furnished under this Contract. Final payment will not be paid any sooner than 90 (ninety) days after project completion. This final payment does not in any way affect the eighteen (18) month warranty or relieve the Contractor’s obligation under that warranty.

3.6 SAFETY

The project will be open to traffic at all times. Traffic safety is paramount. The contractor will be responsible for all traffic signage, in accordance with the Manual on Uniform Traffic Control Devices, the Georgia Department of Transportation, and all other safety measures that will enhance the safety of the construction site. This item will not be included as a separate pay item but shall be included as a part of the contract.

Contractor is required to notify residents and businesses adjacent to the roadway within the limits of the project. Contractor shall provide and install signage informing the affected parties of the activities that will be occurring and will identify the Contractor and will provide a phone number that may be called by residents or businesses to find out more about the project. To ensure the notice is timely, the signage shall be placed at the beginning and end of the project limits and shall be placed at least 72 hours prior to beginning construction activities. Temporary signs (meeting MUTCD standards for Temporary Traffic Control Warning signs) may be used. Signage must remain up and visible throughout project duration. Contractor may not commence work prior to signage being posted.

3.7 PRE-CONSTRUCTION CONFERENCE

The contractor shall attend a pre-construction conference prior to commencing any work.

3.8 TRAFFIC CONTROL

Traffic control including, but not limited to: Warning and detour signage, lighted barricades, flaggers and the like, will be required in order to conduct the construction operations in a safe manner. The Contractor shall conform to MUTCD for traffic control. Adequate signage shall be provided to advise motorists and pedestrians that the street is under construction ahead and direct them safely through or around the work zone. Full permanent advanced warning signs (with lights, as needed or as directed by the Engineer) are required per Georgia Department of Transportation Standards 9100, 9102, 9106 and 9107, as applicable.

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All construction signs and devices shall be in new or like new condition and meet the latest GDOT requirements. All flaggers must be GDOT Certified. Traffic control will include flagging and covering areas along the site area that may present safety issues with pedestrians. The Contactor must maintain a safe work zone for their employees, pedestrians, vehicular transportation and emergency vehicles. Access to existing streets and driveways must be maintained at all times, and is the responsibility of the Contractor. All costs associated with the work shall be included in the Total Bid Amount.

The Contractor shall not install lane closures, pace traffic or move equipment or materials on Heath Lane and Chelsea Court and/or Victoria Way (if selected) between the hours of 7:30 A.M. to 9:00 A.M. and 4:30 P.M. to 6:00 P.M. Monday through Friday.

3.11 MISCELLANEOUS

ADDITIONAL TRAFFIC RESTRICTIONS – THANKSGIVING 2020

Beginning at 12:00 P.M. on the Wednesday before Thanksgiving 2020 and extending to 7:30 A.M. on the Monday after Thanksgiving 2020, the Contractor shall not install lane closures, pace traffic or move equipment or materials that interfere with traffic throughout the Project. Failure to cease operations during Thanksgiving 2020 will result in the assessments of Liquidated Damages as specified in Section 108.08 of Georgia Department of Transportation Standard Specifications of 2013 (or latest edition) which includes Supplemental Specifications of 2016 or (latest edition).

MILLED SURFACES

All milled surfaces shall be covered before they are opened to traffic. All milled surfaces shall be covered within seven (7) calendar days. Failure to cover milled surfaces with asphaltic concrete mix as required by the applicable typical section shall be considered a failure to comply with the requirements of Section 3.10 Traffic Control and shall result in the assessment of non-refundable deductions.

ADJUSTMENT OF MANHOLE RING AND COVER UNIT: The Contractor shall be responsible to protect and maintain all manhole structure and access ring and cover casting during the base preparation process. After completion of the base preparation, the casting shall be adjusted to finished pavement grade using brick and mortar, pre-cast concrete collars or other methods approved by the Engineer. All cost associated with this work shall be included in the Total Bid Amount. In the event a utility casting; either manhole ring and cover, water valve box or the like, is encountered below the surface of the existing pavement and damaged during the pulverization process it shall be replaced by the Contractor and adjusted to finished pavement grade as specified above.

3.111 COOPERATNG WITH UTILITIES Contractor is responsible for requesting all utility locates as required by Georgia law prior to beginning any work. The GUFPA (Georgia Utility Facility Protection Act) mandates that before starting any mechanized digging or excavation work, Georgia 811 (Utilities Protection Center) must be contacted, at least 48 hours, but no more than 10 (ten) working days in advance to have the utility lines marked. Any milling, pulverizing or excavation work on the roadways requires that UPC be notified prior to work being performed. Gwinnett Department of Water Resources does not participate in 811 (Utilities Protection Center), Gwinnett Department of Water Resources must be contact separately for utility locates.

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If emergencies occur, it is the responsibility of the Contractor to notify the respective utility company immediately and then the City of Duluth. The City will not notify any utilities or be responsible for locating any utilities.

3.12 TRAFFIC SIGNAL LOOP OMITTED

3.13 CEMENT STABILIZED RECLAIMED BASE CONSTRUCTION (CSRB)- SECTION 315

Retain Section 315 and add the Following:

3.14 ASPHALTIC CONCRETE PAVEMENT

Hot Mix Asphalt Concrete

A. Work:

Furnish all labor, materials, equipment, tools and transportation and perform all work necessary for the construction of a 2-inch thick asphaltic concrete surface course composed of a mixture of aggregates, mineral filler and asphalt cement properly applied upon the foamed asphalt base, in accordance with GDOT SSCTS 400 and 828 specifications and in conformity with the lines, grades, thickness and typical cross-section specified in Section 328.07 G. Place asphaltic concrete pavement at or around drainage inlets and structures and other utility facilities by hand methods, as required.

B. RAP Percentage:

The maximum ratio of RAP material to the recycled mixtures is 25%.

C. Quality Assurance:

1. Standards: Comply with the GDOT SSCTS 400 and 828 specifications, most current addition, except as amended herein.

2. Complete and submit laboratory analysis by a Certified Testing Laboratory on all materials and obtain materials acceptance by the Engineer, prior to placement.

3. Asphaltic concrete producer: Regularly engaged in production of hot-mixed, hot-laid asphaltic concrete conforming GDOT SSCTS standard.

4. Production plants: Plants shall be automatic type of a configuration, and capable of production of specified mixtures. Plants currently approved by GDOT SSCTS will be acceptable if specified mixtures are readily available.

5. Composition of mixtures: Job-mix designs and control of mixtures shall be in accordance with GDOT SSCTS 400.3.05.

6. Equipment: All standard distribution and compaction equipment as specified in Section 400 of GDOT SSCTS for the placement and compaction of the hot mix asphalt surface course.

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D. DELIVERY, STORAGE AND HANDLING: Vehicles for transporting and delivering mixtures shall conform to GDOT SSCTS 400.2.01.

E. JOB CONDITIONS: In accordance with GDOT SSCTS 400.3.

F. SEQUENCING:

1. Before placing mixture, remove foreign material from surface on which mixture will be placed. No prime coat shall be required for paving on expanded foam asphalt base course.

2. Compact mixture as soon as it will bear the weight of the roller without being displaced and hair-cracked.

3. Spread mixture immediately after it has been dumped into hopper.

4. If mixture will be hand-spread, distribute mixture immediately after it’s been dumped on dump sheets.

G. PRODUCTS: Shall comply with GDOT SSCTS 400.2.

H. EXECUTION: Construction requirements shall comply with GDOT SSCTS 400.3.

Measurement

A: Bituminous Material: The Bituminous Material, supplied and accepted, will not be measure for payment. Where specified for payment by gallon, it will be measured as specified in Section 109.

B: Supplementary Aggregate or RAP: The Supplemental Aggregate or RAP will not be measured for payment. Where required by mix design or at the request of the Engineer, additional materials may be brought to the expanded asphalt construction site and spread or mixed.

C. Hot Mix Recycle Asphalt Pavement: The Hot Mix Recycle Asphalt Pavement will not be measure for payment.

D. Hot Mix Asphaltic Concrete Surface Course: The Hot Mix Asphaltic Concrete Surface Course will not be measure for payment.

Payment

A: Bituminous Material: The Bituminous Material, supplied and accepted, will not be measure for payment. Where specified for payment by gallon, it will be measured as specified in Section 109.

B: Supplementary Aggregate or RAP: The Supplemental Aggregate or RAP will not be measure for payment. Where required by mix design or at the request of the Engineer, additional materials may be brought to the expanded asphalt construction site and spread or mixed.

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C. Hot Mix Recycle Asphalt Pavement: The Hot Mix Recycle Asphalt Pavement will not be measure for payment.

D. Hot Mix Asphaltic Concrete Surface Course: The Hot Mix Asphaltic Concrete Surface Course will not be measure for payment.

315.1 General Description

This work includes constructing a cement stabilized base course by pulverizing the existing flexible pavement, underlying base and subgrade, and mixing with Portland cement. Construct according to these Specifications and to the lines, grades, thickness, and typical cross-sections shown on the Plans or established by the Engineer.

315.1.1 Related References General Provisions 101 through 150 A. Standard Specifications

Section 109—Measurement and Payment

Section 315—Cement Stabilized Reclaimed Base Construction

Section 412—Bituminous Prime

Section 814—Soil Base Materials

Section 821—Cutback Asphalt

Section 822—Emulsified Asphalt

Section 824—Cationic Asphalt Emulsion

Section 830—Portland Cement

Section -880—Water

B. Referenced Documents

GDT 19 – Determining Maximum Density of Soil-Cement mixtures GDT 20 – Determining Field Density of soils with <45% retained on the No. 10 sieve and <

10% retained on the 1 inch sieve GDT 21 - Determining Field Density of soils containing >45% retained on the No.10 sieve or >10%

retained on the 1 inch sieve GDT 59 - Testing Density of roadway materials with Nuclear Gauge GDT 65 – Laboratory Design of Soil-Cement and Cement Stabilized Graded Aggregate GDT

67 – Family of Curves Method for determining Maximum Density of soils GDT 86 – Determining the compressive strength of Cement Stabilized Base cores taken from the roadway

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315.1.2 Submittals Prior to construction, submit a Construction Work Plan to the Engineer consisting of the proposed equipment, materials, and operation procedures. If the Engineer determines that the Work Plan is not satisfactory, revise the procedures and augment or replace equipment, as necessary, to complete the Work.

315.1.3 Mix Design

The Contractor shall submit a mix design to the City of Duluth Department of Public Works for approval at least three weeks prior to construction. The Mix Design process shall be completed in accordance with GDOT Test Method/GDT 65 by an accredited materials laboratory. The sampling, testing, proportioning, and documentation shall be completed by an accredited materials laboratory. The Contractor will be responsible for ensuring that appropriate traffic control measures are in place during the sampling operations. In-place samples of the road structure shall be taken at a minimum frequency of 1000 feet (300m) per two lanes; alternating the sample locations to achieve a sample every 500 lane-feet (152m). Additional samples may be needed to represent material changes and/or problem areas. Each sample shall contain at least 30lbs (14kg) of proportionally blended materials to be reclaimed. The Portland cement used in the design process must be from an approved source listed on GDOT’s Qualified Products List/QPL3 and representative of the same material to be used in construction.

The mix design submittal to the Office of Materials and Testing shall include the following:

1. Approximately 100lbs (45kg) of proportionally blended material from all in-place samples taken from the roadway.

2. A one gallon sample (plastic container) of the stabilizer used in the mix design.

3. All Test Data (charts, graphs, spreadsheets, etc.) along with design parameters. Test data should include the target gradation of the blended material, optimum moisture content of mixing, and application rate of the stabilizer to meet the design requirements.

4. The target unconfined compressive strength for the mix design is 450 psi. Note: Since the Mix Design is based on source specific materials, any changes to materials or sources will render the design invalid.

315.2 MATERIALS Ensure that materials meet the requirements of the following GDOT Standard Specifications:

Material Section

Blotter material (sand) 412.3.05.G.3 Soil Base Material 814.2.02 Cutback asphalt, RC-30, RC-70, RC-250 or MC-30, MC-70, MC-250, CSS-1h, AEP, EAP, CRS-2

821.2.01

Portland Cement (Type I or Type II) 830.2.01 Water 880.2.01

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315.3 Construction Requirements

315.3.1 Personnel Ensure that only experienced and capable personnel operate equipment.

315.3.2 Equipment Equipment used in CSRB construction must meet the following requirements prior to the beginning of construction. All equipment shall be in satisfactory condition and capable of its intended purpose. The Engineer may at any time reject any equipment that is deemed unsafe, erratic, or produces an inadequate performance.

A. Reclaimer

CSRB will require a reclaimer unit that meets the following requirements:

1. Designed expressly for reclamation capable of pulverizing and mixing through asphaltic pavement, granular/soil base, Subbases, and subgrade down to depths of at least 12 inches (300mm).

2. Having a cutting drum with a minimum width of 7ft (2m). 3. Capable of continuously mixing materials to a homogenous blend and at a consistent depth. 4. Powered by an engine of at least 500 horsepower with steerable front and rear wheels. 5. Controlled by an electronic metering system capable of injecting mix water directly into the

mixing chamber and has automatic sensors to monitor water application and mixing depth.

B. Spreader

For CSRB construction, use a cyclone-type mechanical spreader equipped with on-board scales that will spread Portland cement in a relatively dust-free process. Spreader must have an electronic or mechanical metering system which monitors the application rate. Note: The use of pneumatic tubes to transfer cement or lime directly onto the roadway will not be allowed.

C. Additional Equipment (Water Truck, Compaction and Grading equipment, and Prime Distributer)

Additional equipment necessary to complete the work must be in satisfactory condition and proper for its intended purpose. Compactive equipment includes a sheep’s foot roller, vibratory steel wheel roller and a pneumatic rubber tire roller. Use the correct size/type rollers or combination thereof that is capable of achieving the required density. A pressure distributor that complies with GDOT Standard Specifications/Subsection 424.3.02.B will be required to apply the bituminous prime coat.

315.3.3 Preparation Prior to commencing reclaiming operations, blade grass and excess soil a minimum of 12 inches (300mm) from the edge of pavement. Locate, mark and preserve existing centerline, manholes, and utilities (gas, water, and electric lines). Relocate mailboxes and other appurtenances within such proximity to the roadway as to risk damage or interfere with the work.

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Remove sections of driveway aprons in the right-of-way where necessary to permit the reclaimer to operate without damaging the machinery or driveway pavement. If necessary, saw-cut a neat parallel line to the proposed edge of pavement and remove the concrete along the road. After all work is complete, replace appurtenances to their original location as nearly as possible.

315.3.4 Construction A. Weather Limitations

1. Mix only when the weather permits the course to be finished without interruption and within the time specified.

2. Mix materials only when the moisture of the materials to be used in the mixture meets the specified limits.

3. Begin mixing only when the air temperature is above 40°F in the shade and rising. B. Moisture Adjustment

Prior to compaction, ensure a uniform moisture content of the mixture is 100 to 120 percent of the optimum moisture content. The optimum moisture content is determined by the Job Mix Design and can be adjusted by the Engineer.

C. Cement Application

1. Apply cement on days when wind will not interfere with spreading. 2. Apply cement at the rate specified on the Job Mix Design (as established by GDT-65) and

mix to the depth shown on the Plans. The Engineer may alter the spread rate during the progress of construction if necessary. Maintain the application rate within + 10 percent of that specified by the Engineer.

3. Provide both equipment and personnel to measure the application rate of cement placed. The first tanker of cement shall be checked with a square yard cloth/certified scales. Any subsequent loads may be tested at the discretion of the Engineer. Multiple checks may be necessary to ensure that the spread rate is maintained within the ± 10 percent limit.

4. If the cement content falls below the 10 percent limit in the mixing area, add additional cement to bring the affected area within the tolerance specified, make necessary adjustments to the spreader, and perform additional checks to ensure the problem is corrected. If the cement content is more than the 10 percent limit in the mixing area, the excess quantity will be deducted from the Contractor’s pay for cement.

5. Regulate operations to limit the application of cement to sections small enough so that all of the mixing, compacting, and finishing operations can be completed within the required time limits.

6. Pass only spreading and mixing equipment over the spread cement and operate this equipment so that it does not displace cement.

7. Replace damaged cement at no cost to the Department when damage is caused by: a. Hydration due to rain, before or during mixing operations. b. Spreading procedures are contrary to the requirements stated above. c. Displacement by the Contractor’s equipment or other traffic.

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D. Mixing

1. Begin mixing as soon as possible after the cement is spread, and continue until a homogeneous and uniform mixture is produced. The Engineer at any time may require adjustments or replacement of equipment if a homogeneous and uniform mixture conforming to these Specifications is not achieved.

2. Continue pulverizing until the base mixture is uniform in color and conforms to the following gradation requirements:

a. 100 percent passing the 3 inch sieve (75mm) or the natural size of the in-situ aggregate. b. 55 percent of the roadway material, excluding gravel, passes the No. 4 sieve

(4.75mm) or the natural size of the in-situ aggregate. 3. Add water as needed to maintain or bring the moisture content to within the moisture

requirements immediately after the preliminary mixing of the cement and roadway material. 4. Mix the additional water homogeneously into the full depth of the mixture.

E. Compaction and Finishing

1. Test Section a. A test section shall be constructed with the first tanker of cement delivered to the

project. The length of the test section will be determined by area in which the entire tanker of cement will cover.

b. The Engineer will evaluate compaction, moisture, homogeneity of mixture, thickness of stabilization, and finished base surface. If the Engineer deems necessary, revise the compaction procedure or replace equipment.

2. Time Limits a. Complete compaction within 2 hours after the cement begins hydrating. b. Do not perform vibratory compaction on materials more than 90 minutes old,

measured from the time cement was added to the mixture. c. Complete all operations within 4 hours from adding cement to finishing the surface.

3. Moisture Control a. During compaction, ensure that the moisture is uniformly distributed throughout

the mixture at a level of between 100 and 120 percent of the optimum moisture content.

4. Compaction Requirements a. Use a sheep’s foot roller, steel wheel roller or pneumatic-tired roller for initial

compactive effort unless an alternate method is approved by the Engineer. b. Compact the cement-stabilized base course to at least 98 percent of the maximum

dry density established on the Job Mix Design. If 98 percent of the maximum dry density is not achieved, proof rolling will be required for that section.

c. Uniformly compact the mixture and then shape to the grade, line, and cross- section shown on the Plans.

d. Remove all loosened material accumulated during the shaping process. Do not use additional layers of cement-treated materials in order to conform to cross- sectional or grade requirements.

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e. Use a pneumatic-tired roller to roll the finished surface until it is smooth, closely knit, and free from cracks or deformations, and conforming to the proper line, grade, and cross-section.

f. In places inaccessible to the roller, obtain the required compaction with mechanical tampers approved by the Engineer. Apply the same compaction requirements as stated above in Subsection 315.3.04.E.4.

g. Perform grading operations immediately after the placement and compaction operations. Roll the stabilized base course again with a pneumatic-tired roller.

F. Construction Joints

1. Form a straight transverse joint at the end of each day’s construction or whenever the work is interrupted.

2. Create the straight transverse joint by cutting back into the completed work to form a true vertical face free of loose or shattered material.

3. Form the joint at least 2ft (0.6m) from the end of the day’s work, or at the point of interruption. 4. Form a longitudinal joint as described above if cement-stabilized mixture is placed over a

large area where it is impractical to complete the full width during one day’s work. Use the procedure for forming a straight transverse joint. Remove all waste material from the compacted base.

G. Priming the Base

1. The surface of the completed base course must be moist cured until the cure coat is applied. 2. Apply cure coat only to an entirely moist surface. If weather delays cure coat application,

apply cure coat as soon as the surface moisture is adequate. 3. Apply cure coat according to GDOT Standard Specifications/Section 412/Section

822/Section 824 as soon as possible and in no case later than 24 hours after completion of the finishing operations.

4. Protect finished portions of the cement-stabilized base course that are used by equipment in the construction of an adjoining section to prevent marring or damaging of the completed work. Protect the stabilized area from freezing during the curing period.

5. Apply cure coat depending on project ADT: • < 400 ADT: Prime and sand. • ≥ 400 ADT: Apply single 89 surface treatment layer.

H. Opening to Traffic

1. Correct any failures caused by traffic at no additional cost to the Department. Make repairs specified in GDOT Standard Specifications/Subsection 300.3.06.B whenever defects appear. This preservation action does not relieve the Contractor of his responsibility to maintain the work until final acceptance as specified in GDOT Standard Specifications/Section 105.

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315.3.5 Quality Acceptance A. Compaction Tests

1. Determine the maximum dry density from representative samples of compacted material, according to GDOT Test Method/GDT 19 or GDT 67.

2. Determine the in-place density of finished courses according to GDOT Test Method/GDT 20, GDT 21 or GDT 59 as soon as possible after compaction, but before the cement sets.

B. Gradation Tests

1. Ensure that the gradation of the completely mixed cement-stabilized base course meets the requirements as stated above in Subsection 315.3.04.D.2.

C. Finished Surface Tests

1. Check the finished surface of the cement-stabilized base course transversely using one of the following tools:

a. A template, cut true to the required cross-section and set with a spirit level on non- superelevated sections.

b. A system of ordinates measured from a string line. c. A surveyor’ level.

2. Ensure the ordinates measured from the bottom of the template, string line, or straightedge, to the surface do not exceed ½ inch (12.5mm) at any point.

D. Thickness Tolerances

1. Determine the thickness of the cement-stabilized base course by making as many checks as necessary to determine the average thickness, but not less than one check per 1000 feet (300m) per 2 lanes. Checks shall be taken after the completion of the base course and prior to applying cure coat.

2. If any measurement is deficient in thickness by more than ½ inch (12.5mm), make additional measurements to isolate the affected area. Correct any area deficient by more than ½ inch (12.5mm) to the design thickness by using one of the following methods:

a. Apply GDOT approved asphaltic concrete 9.5mm Superpave. b. Remix to the required thickness.

No payment will be made for any Asphaltic Concrete 9.5mm Superpave used to correct deficiencies nor will pavement be made for removing and reconstructing the deficient work.

3. If any measurement exceeds thickness by more than ½ inch (12.5mm), make additional measurements to isolate the affected area. If the basis of payment is per cubic yard and the average thickness for any mile increment exceeds the allowable ½ inch (12.5mm) tolerance the excess quantity in that increment will be deducted from the Contractor’s payments. The excess quantity is calculated by multiplying the average thickness that exceeds the allowable ½ inch (12.5mm) tolerance by the surface area of the base, as applicable.

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E. Strength In lieu of 300 psi strength requirement the compaction requirement shall be a minimum of 98 percent of the specified theoretical density. If 98 percent of the maximum dry density is not achieved, proof rolling will be required for that section and no more the ½” depression will be accepted.

315.4 Measurement

A. Cement-Stabilized Base Course Measure the surface length along the centerline when payment is specified by the square yard. The width is specified on the Plans. Measure irregular areas, such as turnouts and intersections, by the square yard.

B. Portland Cement Measure Portland cement by the ton.

C. Cure Coat Cure Coat is not measured for separate payment. Include the cost of furnishing and applying cure coat according to the provisions of GDOT Standard Specifications/Section 412/Section 822/Section 824 in the Unit Price Bid for each individual base item.

315.5 Payment

A. Cement-Stabilized Base Course Cement-stabilized base, in-place and accepted, will be paid for at the Contract Unit Price per square yard. Payment will be full compensation for roadbed preparation, mixing on the road, shaping, pulverizing, watering, compaction, defect repair, cure coat and maintenance.

B. Portland Cement Portland cement will be paid for at the Contract Unit Price per ton. Payment is full compensation for furnishing, hauling, and applying the material. Only Type I or Type II Portland cement incorporated into the finished course will be paid and no payment will be made for cement used to correct defects to due to the Contractor’s negligence, faulty equipment, or error.

Payment will be made under:

Item No. 315 Cement Treated Base Course Per square yard (meter) Item No. 315 Portland Cement Per ton (megagram)

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CHECKLIST FOR BIDDERS THE FOLLOWING DOCUMENTS ARE REQUIRED

TO BE INCLUDED WITH YOUR BID

1. Two paper copies of entire Invitation to Bid/Instructions to Bidders 2. One electronic copy of entire Invitation to Bid/Instructions to Bidders (CD

or Thumb Drive) 3. Bid Bond/Certified/Cashiers Check in the amount of five percent (5%) of the

entire bid but not less than $5,000 4. Copy of Company Certificate of Qualification provided by Georgia

Department of Transportation. 5. Project listing with name, dates, owners representative name with current

contact information, including phone number and address. 6. All Proposal Forms completed and signed. 7. Copy of Occupational Tax Certificate. 8. Signature page acknowledging receipt of any and all addendum. 9. Signed and Notarized E-Verify Form 10. Signed and notarized Affadavit verifying status for City Public Benefit 11. Signed Drug Free Workplace Form. 12. Completed and signed W-9 Form.

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CONTRACTOR AFFIDAVIT AND AGREEMENT

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A 13-10-91, stating affirmatively that the individual, firm or corporation which is contracting with the City of Duluth is registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Duluth at the time the subcontractor(s) is retained to perform such service. ________________________________________________ E-Verify * User Identification Number ________________________________________________ Company Name ________________________________________________ BY: Authorized Officer or Agent Date (Contractor Signature) ________________________________________________ Title of Authorized Officer or Agent of Contractor ________________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE________DAY OF________________________,20____ _________________________________________________ Notary Public My Commission Expires __________________________________________________ *As of the effective date of O.C.G.A 13-10-91, the applicable federal work authorization program is “E-Verify” operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA).

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Affidavit Verifying Status for City Public Benefit Application By executing this affidavit under oath, as an applicant for a City of Duluth, Georgia Business License or Occupation Tax Certificate, Alcohol License, Taxi Permit or other public benefit as referenced in O.C.G.A Section 50-36-1, I am stating the following with respect to my application for a City of Duluth, Business License _____, Georgia Occupational Tax Certificate _____, Alcohol License _____, Taxi Permit _____, or other public benefit_____, ____________________________________________________________________________________ [Name of natural person applying on behalf of individual, business, corporation, partnership, or other private entity] 1) __________ I am a United States citizen

2) __________ I am a legal permanent resident 18 years of age or older, or I am an otherwise qualified alien or non-immigrant under the Federal Immigration and Nationality Act 18 years of age or older and lawfully present in the United States.*

In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of Code Section 16-10-20 of the Official Code of Georgia. Signature of Applicant: Date: _______________________________ ___________ Printed Name ________________________________ SUBSCRIBED AND SWORN BEFORE *_______________________________ ME ON THIS THE ________________DAY Alien Registration number for non-citizens OF______________________, 20______ Notary Public:_______________________________________ My Commission Expires:_______________________________ *Note: O.C.G.A. § 50-36-1 (e)(2) requires that aliens under the Federal Immigration and Nationality Act, Title 8 U.S.C., as amended, provide their alien registration number. Because legal permanent residents are included in the federal definition of “alien”, legal permanent residents must also provide their alien registration number. Qualified aliens that do not have an alien registration number may supply another identifying number below:

Page | 52

DRUG-FREE WORKPLACE CERTIFICATION

THE UNDERSIGNED CERTIFIES THAT THE PROVISIONS OF CODE SECTIONS 50-24- 1 THROUGH 50-24-6 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, RELATED TO THE “DRUG-FREE WORKPLACE”, HAVE BEEN COMPLIED WITH IN FULL. THE UNDERSIGNED FURTHER CERTIFIES THAT:

1. A DRUG-FREE WORKPLACE will be provided for the employees during the performance of the contract; and

2. Each sub-contractor under the direction of the Contractor shall secure the following written certification:

_(Contractor) certifies to the City of Duluth that a DRUG-FREE WORKPLACE will be provided for the employees during the performance of this contract known as (Project) pursuant to paragraph seven (7) of subsection B of Code Section 50-24-3. Also, the undersigned further certifies that he/she will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract.

CONTRACTOR DATE

NOTARY DATE

What Name and

.

,

i

► ►

Form W•9 (Rev. October 2018) Department of the Treasury Internal Revenue Service

Request for Taxpayer Identification Number and Certification

► Go to www.irs.gov/FormW9

Give Form to the requester. Do not

2 Business name/disregarded entity name, if different from above

3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the

following seven boxes . Exemptions (codes apply only to

certain entities, not individuals; see

C

0 (/)

(I) C:

D Individual/sole proprietor or single-member LLC

D C Corporation D S Corporation D Partnership D Trust/estate

Exempt payee code (if any)

----

Q:. g0 Limited liability company. Enter the tax classification (C=C corporation, S=S corporation , P=Partnership)► _

S 2 -;;

-· C: Q. t)

:;:::: ' ij

(I)

5 (]) (])

Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.

Other (see instructions) ►

code (if any)

(Applies to accountsmaintained outside the U.S.)

(/)f ------------------------------------ , City, state, and ZIP code

List account number(s) here (optional)

Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later . For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Social security number

[IIJ -[IJ - or

[I]

Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue

Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because

For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement

provide your correct TIN. See the instructions for Part II, later.

Here . I Signature of U.S. person Date

General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov /FormW9.

Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number

(SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid)

• Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions)

• Form 1098 (home mortgage interest), 1098-E (student loan interest),

• Form 1099-C (canceled debt)

Use Form W-9 only if you are a U.S. person (including a resident

alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might

Form W-9 (Rev. 10-2018) Page2

By signing the filled-out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a

number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt

payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and

4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting , later, for further information . Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defin ed in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.

In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States. • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9 . Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.

1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.

2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the

saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption

from tax. 5. Sufficient facts to justify the exemption from tax under the terms of

the treaty article.

Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.

If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.

Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.

You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if:

1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the instructions for

Part 11 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding

because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or

5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend

Form W-9 (Rev. 10-2018) Page3

Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.

If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.

a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040N1040EZ you filed with your application.

b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040N1040EZ on line 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2.

c. Partnership, LLC that is not a single-member LLC, C corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2.

d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2.

e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.

Line 3 Check the appropriate box on line 3 for the U.S. federal tax

THEN check the box for ...

• Corporation • Single-member limited liability company (LLC) owned by an

Corporation Individual/sole proprietor or single- member LLC

• LLC treated as a partnership for U.S. federal tax purposes, • LLC that has filed Form 8832 or

entity separate from its owner but the owner is another LLC that is not disregarded for U.S. federal tax purposes.

or S= S corporation)

• Partnership Partnership • Trust/estate Trust/estate

Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.

The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4.

1- -An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2)

2- The United States or any of its agencies or instrumentalities 3-A state, the District of Columbia, a U.S. commonwealth or

possession, or any of their political subdivisions or instrumentalities 4-A foreign government or any of its political subdivisions, agencies,

or instrumentalities 5-A corporation 6-A dealer in securities or commodities required to register in the

United States, the District of Columbia, or a U.S. commonwealth or possession

7-A futures commission merchant registered with the Commodity Futures Trading Commission

8-A real estate investment trust 9-An entity registered at all times during the tax year under the

Form W-9 (Rev. 10-2018) Page4

The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.

IF the payment is for ... THEN the payment is exempt for ...

Interest and dividend payments All exempt payees except for 7

Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012.

Barter exchange transactions and patronage dividends

Exempt payees 1 through 4

Payments over $600 required to be reported and direct sales over $5,0001

Generally, exempt payees 1 through 52

Payments made in settlement of payment card or third party network transactions

Exempt payees 1 through 4

1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.

Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions . Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar indication) written or printed on the line for a FATCA exemption code.

A-An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37)

B- The United States or any of its agencies or instrumentalities C-A state, the District of Columbia, a U.S. commonwealth or

possession, or any of their political subdivisions or instrumentalities D-A corporation the stock of which is regularly traded on one or

more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i)

E-A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i)

F-A dealer in securities, commodities , or derivative financial instruments (including notional principal contracts, futures , forwards, and options) that is registered as such under the laws of the United States or any state

G-A real estate investment trust H-A regulated investment company as defined in section 851 or an

entity registered at all times during the tax year under the Investment Company Act of 1940

I-A common trust fund as defined in section 584(a) J-A bank as defined in section 581 K-A broker L-A trust exempt from tax under section 664 or described in section

4947(a)(1)

M-A tax exempt trust under a section 403(b) plan or section 457(g) plan Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.

Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records.

Line 6 Enter your city, state, and ZIP code.

Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.

If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN.

If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov . You may also get this form by calling 1-800-772-1213 . Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov /Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov /OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 1O business days.

If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Entering "Applied For" means that you have already applied for a

Form W-9 (Rev. 10-2018) Page5

1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification.

2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.

3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.

4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment

You must give your TIN, but you do not have to sign the certification.

For this type of account: Give name and EIN of: 14. Account with the Department of

Agriculture in the name of a public entity (such as a state or local

program payments

15. Grantor trust filing under the Form 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i)(B

The public entity

The trust ))

1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. 3 You must show your individual name and you may also enter your business or OBA name on the "Business name/disregarded entity" name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the

The owner

a refund. To reduce your risk:

• Protect your SSN, • Ensure your employer is protecting your SSN, and

• Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a

notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.

If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.

For more information, see Pub. 5027, Identity Theft Information for Taxpayers.

Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information

13. A broker or registered nominee

The partnership The broker or nominee

For this type of account:

1. Individual The individual 2. Two or more individuals Goint

account) other than an account maintained by an FFI

The actual owner of the account or, if combined funds, the first individual on the account1

3. Two or more U.S. persons joint account maintained by an FFI)

Each holder of the account

4. Custodial account of a minor The minor2

5. a. The usual revocable savings trust (grantor is also trustee)

The grantor-trustee1

The actual owner a legal or valid trust under state law

6. Sole proprietorship or disregarded The owner

Regulations section 1.671-4(b)(2)(i) (A))

Give name and EIN of: 8. Disregarded entity not owned by an

9. A valid trust, estate, or pension trust

10. Corporation or LLC electing

Form 2553

11. Association , club, religious,

Form W-9 (Rev. 10-2018) Page6

The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.

If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at spam@uce.gov or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov /idtheft or 877-IDTHEFT (877-438-4338). If you have been the victim of identity theft, see www.ldentityTheft.gov and Pub. 5027.

Visit www.irs.gov/ldentityTheft to learn more about identity theft and how to reduce your risk.

Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent