23-027 Castle Way.pdf

Date Issued: September 12, 2023

City of Fairburn P u r c h a s i n g D epartment

Invitation to Bid

23-027

For: Construction of City of Fairburn 4080 Castle Way

Pre-Bid site visit meeting: 10:00 a.m. September 19, 2023, all parties must be in attendance of the meeting within five (5) minutes of start time. Location is: 4080 Castle Way, Fairburn, GA 30213.

Deadline for Receiving Sealed Bids 2:00 p.m. (EST)

Thursday, September 28, 2023

Bids will be opened at: 2:30 p.m. (EST)

Thursday, September 28, 2023, Procurement

Department

56 Malone Street SW

Fairburn, GA 30213

(Also available via Teams)

No Questions will be accepted after: September 21, 2023

12:00 P.M. (EST)

All questions are to be asked via

Email tlittle@fairburn.com

No questions are to be asked outside this email.

Bonds Bid Bond Required

Performance & Payment Bond due upon award

Sealed bids opened at the time, date and place shown above and ON-LINE.

Microsoft Teams meeting

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Meeting ID: 279 977 234 62

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Award of Bid will be made later pending evaluations of all bids submitted.

Interested parties may login to Bidnet or email tlittle@fairburn.com to obtain the bid tabulation.

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City of Fairburn Purchasing Department

BID NO. 23-027

Required Information from Sealed Bidders

Date of Sealed Bid: September 2 8 , 2023

The undersigned agrees, if this Sealed Bid is accepted within 90 calendar days after date of opening, to furnish all equipment, materials, or services in strict accordance with the provisions of this Invitation to Bid, at the price and terms and according to specifications or other provisions in this bid package. DO NOT INCLUDE ANY TAXES IN THE BID PACKAGE AS THE CITY OF FAIRBURN IS

EXEMPT BY LAW.

Any supplier/vendor/contractor providing services to City of Fairburn shall have a business license to the extent required by law, to include the City’s business license/occupation tax ordinance. Contractor must have a State of Georgia license.

SEALED BIDDER’S INFORMATION

Company Name Name of Person Authorized to Submit this Bid.

Street Address:

Title

Mailing Address: Contact person for this bid:

Name

Telephone

Tax I.D. # Email

I hereby acknowledge receipt of the following checked Addendum of the Sealed Bid, Plans, Specifications, and/or other documents pertaining to the Project.

Addendum No(s).: 1 2 3 4 5 I understand that failure to confirm the receipt of addendum is cause for rejection of Sealed BIDS. It is the responsibility of the Bidder to ensure receipt of all addenda.

Authorized Signature: Date:

Project Description

4080 Castle Way is located in the Milam Manor Subdivision off Milam Road in Southeast Fairburn. The Final Plat for the subdivision was recorded in Fulton County Superior Court on July 29, 2003. According to the Final Plat, there is a storm drainage structure in the cul-de-sac of Autumn Green Drive and Castle Way. From this structure, there is a 24" storm drain pipe that extends east between lots 87 (4080 Castle Way) and 88 (4076 Castle Way) inside of a 20' drainage easement. This pipe terminates at a drop inlet/junction box and then proceeds south to a detention pond for the subdivision.

Unfortunately, the Final Plat is incorrect. Instead of conveying flow from the drop inlet to the pond, the pond conveys flow back to the drop inlet. The storm drainpipe was installed backward, and the drop inlet served as the pond's outlet structure. However, instead of a storm pipe leaving the drop inlet to a headwall, the flow was coming out of the top of the structure, causing erosion issues in the backyard of 4080 Castle Way.

The homeowner at 4080 Castle Way, Ms. McLendon, filed a complaint with the city to resolve the problem. A contractor was asked to extend a pipe out of the drop inlet and to a headwall at the rear property line of 4080 Castle

Way. Instead, the contractor extended a pipe from the existing drop inlet to a new junction box and then out to a headwall. The new junction box and headwall were located outside the 20' drainage easement. Ms. McLendon is now asking for the new junction box and headwall to be removed from her property and relocated back into the drainage easement.

1. DEFINED TERMS:

1.1

CITY OF FAIRBURN

Solicitation Standard Terms and Conditions

CITY, the city of Fairburn, Georgia, party of the first part of the Contract; also referred to as the City.

CONTRACT DOCUMENTS, the documents covering the performance of the Project, hereinafter defined, and payments therefore including the Advertisement, Information for Bidders, Proposals, Non-Collusion Affidavit, Executed Contract, Contract Bonds, General Conditions, Specifications, Detail Drawings, Plans, Addenda, Change-Orders, and Supplementary Agreement which may be entered into, all of which documents are to be treated as one instrument whether or not set forth at length in the Form of Contract.

PROJECT OR WORK, the entire work to be performed under the Contract.

PLANS, DRAWINGS, OR CONTRACT DRAWINGS, drawings or reproductions thereof furnished by the Consulting Engineers, pertaining to the Project and such detailed drawings as may be issued by the City as the work proceeds.

SPECIFICATIONS, the Specifications -General Requirements, Specifications-Items, Appendix Drawings, Addenda, and all written agreements, made or to be made, pertaining to the method or manner of performing the Work or to the quantities or qualities of materials to be furnished for the work.

BID FORM, the prepared form furnished by the city properly filled in, executed, and submitted as a Bid for the performance of the Work.

BIDDER, an individual firm, partnership, or corporation, acting directly or through a duly authorized representative, legally submitting a Proposal.

SUB-CONTRACTOR, a person, firm or corporation, other than the Contractor supplying labor and materials, or labor for the Contractor, for work at the Site of the Project.

SURETY, the corporate body which is bound with and for the Contractor and which engages to be responsible for his acceptable performance of the work and for his payment of all debts pertaining to the work.

BONDS, the Performance Bond for the faithful performance of the Contract and the

Payment Bond for the protection of persons furnishing materials or labor, in connection with the performance of the work, properly executed by the Contractor as Principal, and the Surety Company as Surety.

1.2 The term "Successful Bidder" means the Bidder to whom the City awards or expects to award the contract.

2. COPIES OF BID DOCUMENTS:

2.1 Complete sets of Bid Documents shall be used in preparing Bids. The city assumes no responsibility for errors or misinterpretations resulting from using incomplete sets of Bid Documents.

2.2 The City, in making Bid Documents available on the above terms, does so only to obtain Bids on Work and does not confer license or grant for any other use.

2.3 Any part of the Bid Documents may be modified by Addenda.

Where forms are provided, THEY MUST BE USED WITHOUT SUBSTITUTION! Use of forms other than those provided by the City shall constitute a non-responsive Bid and shall be rejected.

3. QUALIFICATIONS OF BIDDERS:

3.1 The City may make any investigations deemed necessary to determine Bidder's ability to perform the Work, and Bidder shall furnish all information and data requested by City. Bidder's inclusion as a pre-qualified Bidder will not prohibit the City from reserving right to reject any bid from any Bidder that City considers not properly qualified to carry out Contract obligations or able to satisfactorily complete the Work on schedule.

3.2 If Bidder does not have offices in the State of Georgia, such Bidder shall designate a proper agent in the State of Georgia on whom service can be made in the event of litigation.

4. EXAMINATION OF BID DOCUMENTS AND SITE:

4.1 Before submitting Bid, each Bidder shall: (a) examine the Bid Document Package thoroughly; (b) visit the site to become familiar with local conditions affecting cost or Work progress or performance; (c) become familiar with federal, state, and local laws, ordinances, rules, and regulations affecting cost or Work progress or performance; (d) study and carefully correlate Bidder's observations with the Bid Document Package; and, (e) notify City concerning conflicts, errors, or discrepancies in Bid Document Package.

4.2 On request, the City may provide each Bidder with access to the site to conduct investigations and tests that Bidder deems necessary in order to submit Bid subject to easement acquisitions and existing conditions.

4.3 Bid submission will constitute incontrovertible representation that Bidder understands and has complied with requirements contained in this Article 4, and that Bidder has read and understood the Bid Document Package and hereby stipulates that the documents are sufficient in scope and detail to indicate and convey understanding for terms and conditions in order to perform Work.

5. ADDENDA AND INTERPRETATIONS:

5.1 Questions concerning meaning or intent of Bid Document Package shall be submitted to City in writing via email. Replies will be issued by Addenda in an email. Questions received less than seven (7) days prior to the date for opening Bids will only be reviewed and will not be answered unless the City chooses to extend the bid deadline. Only questions answered by formal Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. NOTE: It is the responsibility of the Bidder to ensure receipt of any/all Addenda issued.

5.2 Addenda may be issued to modify Bid Document Package as deemed necessary by the City.

6. BID SECURITY (Bid Bond is not required):

6.1 Each Bid shall be accompanied by Bid Security made payable to the City in the amount equal to five percent (5%) of the Bidder's maximum Bid Price. Bid Security shall be cashier's check or Bid Bond issued by Surety meeting requirements contained in paragraph 24 below. The bid bond must be on City provided form found in the bid package. Failure to use City forms shall constitute a non-responsive bid and shall be rejected.

6.2 Bid Security for Successful Bidder will be retained until Bidder has executed

Agreement and furnished required payment and performance bonds. If Successful Bidder fails to furnish the qualifications submittals or fails to execute and deliver Agreement and furnish required Payment and Performance Bonds within ten (10) calendar days after Notice of Award, City may annul Notice of Award and Bidder's Bid Security will be forfeited.

Bid Security, for any Bidder that City believes to have reasonable chance to receive award, may be retained by City until the ninety-first (91st) day after Bid opening. If Notice of Award is issued within ninety (90) calendar days after Bid opening, Bid Security for Bidder receiving Notice of Award may be retained by City up to ninety (90) calendar days after Notice of Award.

6.3 Bid Bond shall be issued by company having a registered agent in State of Georgia and shall comply with the additional requirements of paragraph 24 below.

7. EXAMINATION OF BID PLANS AND SPECIFICATIONS:

Bidders are advised to carefully examine the Bid Plans and Specifications for the proposed Work. The Bid Plans indicate the surface and underground structures likely to affect the prosecution of the Work insofar as they have been determined, but the information indicated is not guaranteed as being correct and complete. Bidders are expected to examine the Bid Plans and the location of the Work, verify all information with authorities concerned, and judge for themselves all the circumstances affecting the cost of the Work and the time required for its completion, and shall assume all patent and latent risks in connection therewith.

8. BID BOND FORFEITURE (if required):

The Successful Bidder, upon his failure or refusal to execute and deliver the Contract and Bonds required within ten (10) calendar days after receipt of Notice of Award, shall forfeit to the City, as liquidated damages for such failure or refusal, the security deposited with Bid. Provisions for liquidated damages are set forth in the Bid Documents, and Specifications (including General Conditions).

9. SUBSTITUTE OR "OR EQUAL" ITEMS:

The Contract, if awarded, will be based on material and equipment described in Plans or specified in Specifications without consideration for possible substitute or "or equal" items. Application for substitute or "or equal" items will only be considered by the City after the award of the contract. All bids shall be based on the information contained within the Contract Documents. Procedure for submitting application and consideration by City is set forth in the Contract Documents.

10. SUBCONTRACTORS, SUPPLIERS AND OTHERS:

10.1 Each Bid shall identify names and addresses for subcontractors, suppliers, and other persons and organizations furnishing material and equipment, or Bid will be considered non-responsive. The Bidder is cautioned that any person, firm, or other party to whom it is proposed to award a subcontract under this Contract must meet the same conditions of experience, competent personnel, and workman's compensation insurance as the Bidder.

If requested by the City, the Successful Bidder and any other Bidder shall, within twenty-four (24) hours after the bid deadline, submit to City experience statement with pertinent information for similar projects and other qualifications for each subcontractor, supplier, person, and organization. If City, after due investigation has reasonable objection to any proposed subcontractor, supplier, person, or organization, City may, before giving Notice of Award, request Successful Bidder to submit acceptable substitute without increase in Contract Price or Contract Time. If Successful Bidder declines to make substitution, City may elect not to award contract to Bidder. Bidder's declining to make substitution will not constitute grounds for sacrificing Bid Security.

10.2 Procedures for approving Subcontractors after executing Agreement are described in the Contract Documents. No subcontractors may be employed without the specific written authorization of the city.

11. MANDATORY BID REQUIRMENTS & FORMS:

Attention is particularly called to those parts of the bid requirements which deal with the following mandatory requirements and forms that must be completed and submitted with the bid.

a. Conflict of Interest Disclosure

b. Title VI

c. Anti-Lobbying Amendment Certification

d. Drug Free Workplace

12. BID FORM/SCHEDULE:

12.1 Bid Form is included in the Bid Document package.

12.2 Bids by corporations shall be executed in corporate name by president or vice-president (or other corporate officer accompanied by evidence indicating officer has authority to sign) and corporate seal shall be affixed and attested by secretary or assistant secretary. Corporate address and state of incorporation shall be shown below signature. If Bid is executed by someone other than president or vice-president, attach to Bid certified corporate resolution by board of directors authorizing person to execute Bid for Corporation.

12.3 Bids by partnerships shall be executed in partnership name and signed by partner, whose title shall appear under signature and official partnership address shall be shown below signature.

12.4 If requested, person signing Bid for corporation or partnership shall produce evidence satisfactory to City indicating person's authority to bind corporation or partnership.

12.5 Names shall be typed or printed below signature.

12.6 Bid shall contain acknowledgment Bidder has received Addenda.

12.7 Address, telephone number, and email for communications regarding Bid shall be shown.

12.8 The bidder must furnish, in his Bid (if not furnished with Pre-Qualification Package), summary information relative to the facilities, ability, and financial resources available for the fulfillment of the Contract.

13. CONNECTIVITY: The City shall not be responsible for errors of any kind or nature occurring in the transmission or downloading/uploading of any documents from the Bidnet website. The city does not guarantee continuous, uninterrupted, or secure access to this or other related websites. The operation of this website may be affected from time to time by numerous factors outside of our control. Site problems, user problems, internet problems, power outages, or routine maintenance may interrupt or prevent access to information, documents, and/or bid submission capabilities.

14. SUBMISSION OF BIDS:

14.1 Bids shall be submitted before the time indicated in the Advertisement for Bid and shall be submitted via email tlittle@fairburn.com or USPS mail.

14.2 Each Bid shall contain the following documents in completed form (City forms must be used without substitution):

a. One (1) original document and one (1) flash drive must be submitted.

b. Bid Form/Schedule (Available as Excel spreadsheet) ***Shall not be modified or replicated by bidder***

c. Bidder's Affidavit

d. Non-Collusion Affidavit

e. Bid Security (Surety Bond on City provided Form or Certified Cashier's Check)

f. Power of Attorney (Surety Bonds only)

g. Corporate authority to execute Bid (required for any corporate officer other than president or vice-president)

h. List of proposed subcontractors

i. Contractor Affidavit

j. Conflict of Interest Disclosure

k. Drug Free Workplace Certification

14.3 More than one Bid received for same work from individual, firm, partnership, corporation, or association under same or different names will not be considered.

Reasonable grounds for believing any Bidder is interested in more than one Bid for same work will cause City to reject all Bids from Bidder. If City believes collusion exists among Bidders, Bids from participants in collusion will not be considered.

14.4 Conditions, limitations, or provisions attached by the Bidder to the Bid Forms may cause its rejection. Bids containing Items not included in the form of Bid will be considered irregular.

15. MODIFICATION AND WITHDRAWAL OF BIDS:

15.1 Withdrawal Prior to Time for Receiving Bids - Bids may be modified or withdrawn by vendor via email tlittle@fairburn.com at any time prior to deadline for submitting Bids. Bid Withdrawal will not prejudice Bidder's rights to submit new Bid prior to Bid Date and Time.

15.2 Withdrawal After Time for Receiving Bids -After period for receiving Bids has expired, no Bid may be withdrawn, modified, or explained except as provided for in paragraph 18 below.

16. OPENING OF BIDS:

Bids will be opened online at the time and place set forth in the ADVERTISEMENT FOR BID and read aloud. Abstract listing amounts for Base Bids and major alternates will be made available after Bid opening.

16.1 After Bid opening Bidder has up to twenty-four (24) hours to notify the City of

Fairburn Department of Purchasing that Bidder made an obvious error in Bid calculation. A bid Bond withdrawal for this reason shall be requested in writing via email within this same twenty-four (24) hour period. Said written request shall be accompanied by sufficient documentation to demonstrate the origin and composition of the "obvious error". Bid Bond may not be withdrawn for any other reason.

17. BIDS TO REMAIN OPEN:

Bids shall remain open for acceptance by the City for ninety (90) calendar days after the Bid opening. The city may, at its sole discretion, release any Bid and return Bid Security prior to that date.

mailto:tlittle@fairburn.com

18. AWARD OF CONTRACT:

18.1 The contract should be signed (Blue Ink) and returned with the bid documents.

Any suggested revisions to contract language must be requested in the form of a question during the Question-and-Answer period of the solicitation. A response to requested revisions will be made in the form of an Addendum.

18.2 To the extent permitted by applicable state and federal laws and regulations, City reserves right to reject any and all Bids, to waive any and all informalities, and to disregard nonconforming, non-responsive, or conditional Bids. Bids may be considered irregular and subject to rejection if they show serious omission, unauthorized form alterations, use of unauthorized forms, unauthorized alternate bids, incomplete or unbalanced unit prices, or other irregularities. Discrepancies between words and figures will be resolved in favor of correct sum. Any mistake which is obviously a clerical one, such as an error in price extension, or in placement of decimal points, reversal of prices, FOB destination, FOB point of origin, etc., may be corrected by the purchasing authority after verification is made by the bidder.

However, under no circumstances can unit prices be changed.

18.3 The contract will be awarded by the City pursuant to applicable law. Nothing contained herein shall place duty upon City to reject bids or award contract based upon anything other than City's sole discretion as described herein.

18.4 The city may consider qualifications of experience for subcontractors, suppliers, persons, and organizations proposed for Work.

18.5 The city may conduct investigations deemed necessary to assist in evaluating Bids and to establish responsibility, qualifications, and financial ability for Bidders, proposed Subcontractors, persons, and organizations to do Work. City reserves the right to reject Bid from any Bidder not passing evaluation to City's satisfaction.

18.6 One contract for Work will be awarded if the award is made, based upon Base Bid to lowest responsible, responsive Bidder.

18.7 The Successful Bidder will be required to provide a Performance and Payment Bond, each in a sum not less than one hundred percent (100%) of the amount of the contract. The bond forms are attached to the form of agreement marked exhibits…

18.8 Failure of the Contractor to submit approved Performance and Payment Bonds within the ten (10) calendar days after notification from the City to do so shall, at the discretion of the City, constitute a forfeiture of the Bid Bond.

19. SUBMITTALS BY SUCCESSFUL BIDDER:

19.1 City intends to award contract to Bidder competent to perform and complete Work in satisfactory manner. City will require Successful Bidder to submit, within seven (7) calendar days after receiving written request from City and prior to contract award, Preliminary Progress Schedule, as set forth below.

19.2 Preliminary Progress Schedule shall be submitted via email to the purchasing manager and include time-scaled schedule and narrative in accordance with appropriate formats established in City's written request for schedules. Activities in schedule shall show order Successful Bidder proposes to perform Work within constraints and sequencing conditions set forth in Specifications (including General Conditions) and shall indicate starting and completion dates for key milestones and Work pertaining to each Specifications division within each major structure or geographical area on site. Activities shall identify significant submittals and approvals, major equipment deliveries, equipment testing, City's responsibilities, affected utilities, and other similarly involved third parties.

19.3 The Bid Tabulation Schedule of Values shall be included with the bid at the

Deadline for Receiving Sealed Bids.

19.4 Successful Bidder and surety, if any, agree any delays within Bidder's control in delivering submittals shall constitute request by Bidder for time extension and Bid shall remain open for City's acceptance. If the City agrees to time extension, Bidder shall comply with Submittal Requirement within five (5) additional calendar days. At City's option, failure by Successful Bidder to deliver submittals within extended period will void Bid evaluation and will constitute proof Successful Bidder has abandoned Bid, Bid Security may be declared forfeited to City as liquidated damages, and Work may be awarded to another Bidder.

20. TAXES:

Contractors shall pay applicable sales, consumer, use, and other similar taxes required by law. The contractor is responsible for reviewing pertinent state statutes involving sales tax and complying with requirements.

The Contract prices for articles, materials, or equipment named herein are subject to increase by the amount of any additional tax or taxes affecting the articles, materials or equipment involved in the Contract imposed by or under the authority of the Federal or State Government and passed or taking effect after the receipt of Bids, and shall continue in effect during such time as such tax or taxes are lawfully collectible; provided, however, that in the event of such increase in cost, the claim shall be presented within thirty days and supported by evidence of such additional tax, satisfactory to the City Attorney.

21. QUALIFICATIONS OF SURETY COMPANIES:

In order to be acceptable to City, the surety company issuing Bid Guaranty Bonds, or 100% Performance/Payment bonds as required in Bid Advertisement, shall meet and comply with following minimum standards:

21.1 Bonding Company must be licensed to do business in Georgia by the Georgia secretary of state, authorized to do business in Georgia by the Georgia insurance department, listed in the department of the treasury's publication of companies holding certificates of authority as acceptable surety on federal bonds and as acceptable reinsuring companies and have an a.m. best rating of a-class vi or higher.

21.2 All bonds must be submitted on forms provided by the City of Fairburn and agencies providing bonds and insurance must provide proof that they meet the criteria outlined in the bid and contract documents.

21.3 Surety shall be admitted to do business in State of Georgia and shall be registered to provide such surety by the State of Georgia Insurance Commissioner.

21.4 Surety shall have been in business and have record indicating successful continuous operations for at least five (5) years.

21.5 Attorneys-in-fact who sign bid bonds or performance/payment Bonds shall file with bond certified power of attorney to sign bond.

21.6 Surety company agents shall list name, address, and telephone number on bonds.

21.7 Performance and Payment Bonds shall extend twelve (12) months beyond date of final payment and shall contain waiver for alteration to Contract terms, time extensions, or forbearance on City's part.

22. General Information

22.1 CHANGES: No change will be made to this invitation except by written modification by the City Purchasing Office via email. Requests for interpretation or changes must be in writing and received at least (7) seven calendar days prior to the time set for opening of the bids.

22.2 FOB POINT: Bid price to include shipping, packing, crating, and unloading at address in Bid Schedule. Title to remain with vendor until fully accepted by City. Goods damaged or not meeting specifications will be rejected and removed at vendor's expense. Concealed damaged goods to remain property of vendor until replaced or removed at City's direction.

22.3 RISK OF LOSS: Vendor agrees to bear all risk of loss, injury and destruction of goods and materials ordered herein which occur prior to delivery to include concealed damage; and such loss, injury or destruction shall not release vendor from any obligation.

22.4 DELIVERY TIME: Specify on Bid Schedule the delivery time you are able to meet for items listed in Bid Schedule. Failure to meet stated delivery times may be grounds for cancellation of order.

22.5 BID ACCEPTANCE TIME: Bids requiring acceptance by the city in less than ninety

(90) calendar days could be rejected, unless so stated on "Bidder's Response Page" and accepted by the City.

22.6 WITHDRAWAL OF BIDS: Bids may be withdrawn by written request only, if the request is received prior to the time and date set for the opening of bids. Negligence on the part of the bidder in preparing his bid confers no right of withdrawal or modification of his bid after bid has been opened. No bid may be withdrawn for a period of ninety (90) days after time has been called on the date of opening.

22.7 AWARD: For all contracts established through a Bid/Proposal the award will be made to the lowest responsible bidder meeting all specifications and whose bid is responsive to the Bid/Proposal. This is the bidder who submits the lowest price, whose bid meets the specifications, who agrees to contract terms and conditions with City of Fairburn, and who is clearly capable of fulfilling the resulting contract. Therefore, the lowest responsible bidder will not always be the bidder who has submitted the lowest monetary bid.

22.8 The vendor in accepting this contract, attests that he is in compliance with the nondiscrimination clause contained in Section 202 of Executive Order 11246, as amended, relative to equal employment opportunity for all persons without regard to race, color, religion, sex, or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, which is incorporated herein by reference.

22.9 BID RESULTS: Bid results will be posted on Bidnet under Public Files.

22.10 Items on this order are exempt from Federal Excise Tax and Georgia Sales and Use Tax. A certificate will be furnished if requested. The City of Fairburn is exempt from taxes but the successful bidder shall pay all taxes required of him by law and City of Fairburn cannot exempt others from tax.

22.11 COMMODITY STATUS: It is understood and agreed that materials delivered shall be new, of the latest design, and in first quality condition, that all bags, containers, etc., shall be new and suitable for storage, unless otherwise stated by City of Fairburn.

22.12 ANTI-DISCRIMINATION CLAUSE: “City of Fairburn does not discriminate against any person because of race, color, religion, national origin, or disabilities in employment or service provided.”

22.13 REGULATORY AGENCIES: Successful bidder will be responsible for all required permits or license required by any regulatory agency of the city, City, state or federal governments. Further, the successful bidder will be responsible for meeting all requirements of any regulation(s) or guideline(s) of any of the said governments or any independent agency recognized by said governments as publisher of any such regulation(s) or guideline(s).

22.14 INDEPENDENT CONTRACTORS: The bidder represents to the City of Fairburn that he is fully experienced and properly qualified to perform the functions provided for herein and that he is properly equipped, organized, and financed to perform such functions. The bidder shall finance his own operations hereunder, shall operate as an independent contractor and not as the agent of City of Fairburn and nothing contained in this Invitation to Bid or a contract resulting from same shall be construed to constitute the bidder or any of his employees, servants or agents or subcontractors as a partner, employee, servant or agent of the City nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor.

22.15 ASSIGNMENT OF CONTRACTUAL RIGHTS: It is agreed that successful bidder will not assign, transfer, convey or otherwise dispose of a contract that results from this invitation or his right, title, or interest in or to the same, or any part thereof, without written consent of the City.

22.16 QUESTIONS: All questions concerning this invitation should be directed via email.

22.17 REJECTION OF BIDS/PROPOSALS: The City of Fairburn Board of Commissioner’s reserves the right to reject any and all bids/proposals submitted in response to any solicitation, to reject any portion thereof, or to waive any minor irregularity or administrative requirement.

22.18 SITE INSPECTION: Bidders should inspect the site to ascertain the nature and location of the work and the general conditions, which could affect the work or the cost thereof. The City will assume no responsibility for representations or understandings concerning conditions made by any of its Officers or Employees unless included in the Invitation to Bid/Proposal.

22.19 AFFIDAVIT: The bidder will be required to execute an Affidavit of Non-Collusion included herewith and submit with Bid Documents.

22.20 INSPECTION OF RECORDS: The records of the Procurement Office are open and accessible to the public in accordance with the provisions of the Georgia Open Records Act. Requests for inspection of records must be in writing, must be reasonable, must contain sufficient information to facilitate retrieval, and must not interfere with the orderly operation of the Procurement Office.

Bidders/offerors are cautioned that any documentation submitted with or in support of a bid or proposal will become subject to public inspection under the Georgia Open Records Act. Labeling such information “Confidential,” “Proprietary,” or in any other manner will not protect this material from public inspection upon request. There will be a charge assessed to any vendor requesting copies of records.

City of Fairburn does not discriminate against any person because of race, color, religion, national origin, sex, age, or handicapped individuals in employment, services provided, or contracts awarded.

22.21 Trade Secrets:

Pursuant to Georgia law, any trade secrets that are required by law, regulation, bid, or request for proposal to be submitted to the City are exempt from disclosure under the Open Records Act. However, this exemption applies only in specific circumstances. If records containing trade secrets are submitted to the City, and the submitting company wants to protect the trade secrets contained in those records from disclosure, an affidavit must be attached to the records stating that specific information in the records is a trade secret. Please note, a company cannot merely mark otherwise open records with “confidential” or “proprietary” in order to protect such records from disclosure. The affidavit must be submitted with the records when they are first provided to the City, and the affidavit should affirmatively declare that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Georgia Code. The submitted affidavit should clearly identify the information and/or records that constitute trade secrets, and must provide the specific location of such trade secrets in the records submitted (i.e. page(s), section(s), etc.). If the City does not receive an affidavit identifying specific information as trade secrets, the trade secret exemption will not apply. Upon receiving a request for such records under the Open Records Act, the City will respond in accordance with O.C.G.A. 50-18- 72(a)(34) and other applicable law.

23. EXECUTION OF WRITTEN CONTRACT:

Successful Bidder will be required to sign written contract identified in bid package as Agreement. All bidders shall submit and sign a contract. Any mark-ups made to the contract shall be grounds for a non-responsive bid.

(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)

24. BIDDER'S ACKNOWLEDGEMENT:

The undersigned bidder acknowledges all requirements outlined in the above "Instructions To Bidders Package" and all documents referred to therein. This signed form must accompany the completed bid form submitted at the time of bid.

SIGNATURE: DATE:

(President, Vice President or Corporate Officer)

PRINTED NAME: TITLE:

ATTESTED BY: DATE:

(Secretary of Corporation)

PRINTED NAME: TITLE:

(AFFIX CORPORATE SEAL)

COMPANY NAME:

ADDRESS:

CITY: STATE: ZIP:

TELEPHONE NUMBER:

EMAIL ADDRESS:

Scope of Work/Special Terms and Conditions

1.1. Contract Time.

The Contractor must begin work within ten (10) calendar days of receiving the Notice to Proceed (NTP) from the City of Fairburn.

Contract Term. This Contract shall terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the City of Fairburn under this contract.

1.2 Work in Inclement Weather. Contractor is presumed to have taken all difficulties due to weather conditions into consideration in preparing their proposed Contract Price and in establishing their time for completion of the work under this Contract. They must be prepared and must take all precautions to protect work from unfavorable weather and extremes of temperature, whether hot or cold. They shall provide approved facilities for always protecting against unfavorable weather, to the entire satisfaction of Owner.

Scope of Work

Integrated Science & Engineering (ISE) is preparing an engineering drawing detailing how to resolve the issue. The scope of work will generally be as follows:

1. Obtain a temporary construction easement from both 4080 and 4076 Castle Way and the property to the rear, which is owned by the homeowner’s association for the Milam Manor subdivision.

2. Install the necessary erosion control measures.

3. Construct temporary access over the catch basin at the street to allow construction equipment to traverse without damaging the structure.

4. Remove portions of the fence and sidewalk at 4076 Castle Way. They both have been installed inside the 20’ drainage easement.

5. Remove the previously installed junction box and headwall installed outside of the 20’ drainage easement on the property of Ms. McLendon.

6. Core a hole in the existing drop inlet and install a new 24” pipe with a flared end section due east, within the 20’ drainage easement to the common rear property line of Ms. McLendon and the homeowner at 4076 Castle Way.

7. Bring in fill dirt as required to backfill the new pipe and flared end section.

8. Install a new fence and sidewalk in the locations where the existing ones were removed.

9. Clean up and grass (sod) areas damaged by construction.

10. Demobilize from the job.

Clarifications

Within ten (10) days of the award of this Contract, the Contractor will forward to the City a copy of the Construction Schedule for the Construction. The Construction Schedule will be based on the Critical Path Method (CPM) and will include procurement activities for all equipment or materials that have a lead time greater than one week.

The contractor has reviewed all plans and specifications and has included the entire scope of work as outlined in the Construction Documents in their pricing. Should there be a conflict in the scope of work in the documents, the Contractor will immediately notify the city of the conflict. If the Contractor does not notify the City of any discrepancies prior to execution of this Contract, the scope of work that is more stringent will be included in the Contract Amount as noted in this document and no additional allowances will be afforded Contractor for oversight of this conflict.

The contractor will provide all necessary inspections, testing, videotaping and as-builts of construction as required by the Construction Documents and the City with the exception of those items that are the responsibility of the city as noted above. All such costs are included in the price of this Contract. The Contractor will copy the city on all inspection reports and results.

The City and its designated personnel shall be allowed to attend the Contractor Subcontractor meetings as/if necessary.

Contractor will record daily progress reports which shall include the weather, trades performing work and associated laborers, work performed, materials delivered, inspections performed, safety related items, issues and a minimum of four photographs of project progress.

BID SCHEDULE 23-027

FOR: Furnishing all Labor, Equipment, and Materials necessary for the Construction of

City of Fairburn property located at 4080 Castle Way. The Bidder is required to examine Bid Documents and Contract forms prior to submitting a Bid.

Bid prices shall include but not be limited to, all labor, materials, bailing, shoring, removal, overhead (Direct and Indirect), profit, insurance, bonds, and other costs, to cover finished Work of the several kinds called for.

Bidder agrees this Bid shall be good and may not be withdrawn for a period of ninety (90) calendar days after scheduled closing time for receiving bids.

There is enclosed herewith a certified or cashier's check or a Bid Bond to the order of City of Fairburn, Georgia.

Check or Bid Bond shall be equal to, not less than, the amount stipulated in ADVERTISEMENT TO BID, and it is understood and agreed that said check or Bid Bond shall be subject to terms and conditions stipulated in Bid Document Package.

Bidder accepts terms and conditions contained in Bid Document Package including, without limitation, those dealing with City’s time for accepting Bid and disposition of Bid Security.

Bidder has examined site and locality where the Work is to be performed and legal requirements (federal, state, and local laws, ordinances, rules, and regulations) and conditions affecting Work cost, difficulty, progress, or performance and has made independent investigations as Bidder deems necessary.

Bidder has given City written notice concerning conflicts, errors, or discrepancies discovered in Bid Document Package and written resolution by City is acceptable to Bidder.

All work is to be completed as specified in Bid Specifications and Drawings.

Total lump sum amount to complete all work as detailed:

4080 Castle Way $_______________________________

4076 Castle Way $_______________________________

Total bid (in written form):

Authorized Signature: ____________________________________

Company Name:

Printed Name and Title:

Non-Collusion Affidavit

BID DATE:

PROJECT DESCRIPTION:

STATE OF }

CITY OF }

, being first duly sworn, deposes and says that

(s)he is (the sole City, a partner, the president, secretary, etc.) of the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or a sham;

that said Bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any Bidder or person, to put in a sham Bid, or that such other person refrain from bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the Bid Price of affiant or any other

Bidder, or to fix any overhead, profit or cost element of said Bid Price, or that of any other

Bidder, or to secure any advantage against City of Fairburn, or any person interested in the proposed Contract; and that all statements in said Proposal or Bid are true; and further, that such Bidder has not, directly or indirectly submitted this Bid, or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof.

Affiant: Date:

Signed and sworn to (or affirmed) before me on , 20 by , Printed name(s) of individual(s) making statement who proved to me on the basis of satisfactory evidence to be the person who appeared before me.

Personally Known

Or

Produced Identification

Type and # of ID (last 4 digits) ID Expiration Date

Notary Public

My Commission Expires:

Return Signed with your Bid Documents

(SEAL)

CONTRACTOR AFFIDAVIT AND AGREEMENT

STATE OF GEORGIA CITY OF FAIRBURN

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 engaged in the physical performance of services on behalf of City of Fairburn, Georgia, has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.

Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b).

Contractor agrees that the employee-number category designated below is applicable to the Contractor:

□ 500 or more employees □ 100 or more employees □ Fewer than 100 employees

Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Executed on , 202 in Federal Work Authorization User (city), (state).

Identification Number

Date of Authorization

Name of Contractor

Name of Project

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE DAY OF ,

202 .

City of Fairburn, Georgia Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Notary Public

[NOTARY SEAL]

My Commission Expires:

CITY OF FAIRBURN

INSURANCE

11.5.1 At all times during the performance of this Agreement, and for a period of twelve (12) months thereafter, the Contractor, and each of its Subcontractors, shall have and shall maintain insurance coverage as set forth hereinbelow. All such coverage shall be provided by insurance companies duly licensed to transact business in the State where the Project is located and same shall have a minimum A.M. Best Company rating of A-:VI. All policies shall be endorsed to name the Owner and Architect as additional insureds and shall further be endorsed to provide the Owner with sixty (60) days written notice of cancellation or non-renewal. The specific coverages required are as follows:

1. Workers’ Compensation insurance providing benefits required by Georgia Law, and Employers Liability with limits of:

$500,000 Bodily Injury by Accident - Each Accident

$500,000 Bodily Injury by Disease - Policy Limit

$500,000 Bodily Injury by Disease - Each Employee.

2. Commercial General Liability insurance with minimum limits of $1,000,000 for each occurrence and $2,000,000 general aggregate, 2,000,000 Products & Completed Operations Aggregate, and $1,000,000 Personal and Advertising Injury Limit. The policy shall include Blanket Contractual Liability Products / Completed Operations and Personal Injury.

3. Automobile Liability insurance with a minimum of $1,000,000 combined single limit for Bodily Injury and Property Damage and covering all owned, non-owned and hired vehicles.

4. Commercial Umbrella Liability insurance with a minimum limit of $1,000,000 for each occurrence and $1,000,000 annual aggregate covering Bodily Injury, Property Damage and Personal Injury Liability.

Prior to the commencement of any Work on the Project, the Contractor shall submit to the Owner

Certificates of Insurance evidencing the insurance coverage required hereinabove and the Owner must first approve same.

11.5.2 (a) The Owner, along with its Commissioners, officers, agents and employees shall be named as additional Insureds on the Business or Commercial Automobile Liability Policy, which must be primary and noncontributory with respect to these additional insureds. It is expressly understood by the parties to this Agreement that it is the intent of the Parties that any insurance obtained by the Owner is deemed excess, non-contributory and not co-primary in relation to the coverage(s) procured by the Contractor, its Subcontractor or any of their respective consultants, officers, agents, subcontractors, employees or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of the aforementioned may be liable by operation of statute, government regulation or applicable case law.

(b) To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause shall be added to the General Liability, Automobile, Excess or Umbrella and Workers Compensation policies in favor of Owner, and this clause shall apply to the Owner's, Commissioners, officers, agents and employees, with respect to all Projects during the policy term.

(c) A loss insured under the required Property Insurance shall be adjusted by the Contractor as fiduciary and made payable to the Contractor as fiduciary for the insured, as their interests may appear. The

Contractor shall pay Subcontractors their just share of insurance proceeds received by the Contractor, and by appropriate agreement, written where legally required for validity, shall require Subcontractors to make payments to their subcontractors in similar manner.

(d) If required in writing by a party in interest, the Contractor as fiduciary shall upon occurrence of an insured loss, give bond for proper performance of the Contractor’s duties. The cost of the required bonds shall be charged against proceeds received as fiduciary. The Contractor shall deposit in a separate account proceeds so received, which the Contractor shall distribute in accordance with such agreement as the parties in interest may reach. If after such loss no other special agreement is made, replacement of damaged property shall be covered by an appropriate Change Order.

(e) The Contractor as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within thirty (30) days after occurrence of loss to the Contractor’s exercise of this power.

(f) Partial occupancy or use shall not commence until the insurance company or companies providing insurance have consented to such partial occupancy or use by endorsement or otherwise.