23-050 Invitation to Bid

January 09, 2023

INVITATION TO BID

Three Oaks Storm Water Improvements - Phase 2 - Summit Drive

Bid Reference No. 23-050

Sealed Bids will be received by the City of Albany, Procurement Division, Suite 260, 222 Pine Avenue, Albany, Georgia, until February 10, 2023, at 2:30 p.m. for Three Oaks Storm Water Improvements-Phase 2- Summit Drive, in accordance with Drawings, Specifications, Project Manual and other Contract Documents.

Bids will be opened and publicly read aloud at the above stated time and place. The project manual is contained in the bid documents.

A Pre-Bid conference will be held on January 18, 2023, at 10:00 a.m. at Suite 260, 222 Pine Avenue Albany, Georgia. All interested vendors are strongly encouraged to attend.

This project will be bid on a unit price basis for all specified work and will be awarded to the lowest responsive and responsible bidder.

5% Bid Bond is required of all bidders. Bid bond must be present for bid to be read or considered. 100% Performance and Payment bonds will be required of the successful bidder.

The City of Albany strongly encourages Small Business firms to participate in this bid. The City of Albany reserves the right to reject any and all bids and to waive any informalities in the bidding process.

All corporations should provide the corporate seal, a copy of the Secretary of State Certificate of Incorporation, and a listing of the principals of the corporation with bid.

Bid documents, specifications and plans may be inspected at the Procurement Office, 222 Pine Avenue, Suite 260, Albany, Georgia and on the Georgia Procurement Registry. Technical specifications and drawings can be accessed by the following link:

http://www.dropbox.com/scl/fo/3zzlhzlh8tfvcsx80auka/hdl=0&rlkey=pzetulf7218t8gtyg0kpcyokj

For additional information, contact Ricky Gladney, Buyer, at (229) 431-3211. Submit all questions via email to rqladney@albanyga.gov cc: jswilliams@albanyga.gov, kross@albanyga.gov. The deadline for questions is January 27, 2023, at 2:30 p.m. Questions received after this deadline may not be answered. Replies of substance will be in the form of written addenda and made available to all potential bidders.

ua Williams, CPPB rim Procurement Manager

CENTRA L SERVICES

P.O. BOX 447 ALBANY, GA 31702 I PHONE: 229.431.3211 I FAX: 229.431.2184 I www.albanyga.gov http://www.dropbox.com/scl/fo/3zzlhzlh8tfvcsx80auka/hdl=0&rlkey=pzetulf7218t8gtyg0kpcyokj

Three Oaks Storm Water Improvements-Phase 2-Summit Drive Bid Ref No. 23-050 2

CITY OF ALBANY

PROCUREMENT DIVISION

CENTRAL SERVICES DEPARTMENT

ALBANY, GEORGIA

INSTRUCTIONS TO BIDDERS

These instructions will bind bidders to terms and conditions herein set forth, except as specifically qualified in special bid and contract terms issued with any individual bid.

1. The following criteria are used in determining low responsible bidder.

(a) The ability, capacity and skill of bidder to perform required service.

(b) Whether bidder can perform service promptly or within specified time.

(c) The character, integrity, reputation, judgment, experience and efficiency of bidder.

(d) The performance of previous contracts.

(e) The suitability of equipment or material for City use.

(f) The ability of bidder to provide future maintenance and parts service.

2. Payment terms are Net 30 unless otherwise specified. Favorable term discounts may be offered and will be considered in determining low bids if they are deemed advantageous to The City.

3. Unless otherwise specified all materials, supplies or equipment quoted herein must be delivered within thirty (30) days from date of notification of award or by exception noted on bid sheet.

4. Prospective bidders are responsible for examining the location of the proposed work or delivery and determining, in their own way, the difficulties, which are likely to be encountered in the execution of same.

5. The ESTIMATED QUANTITY given in the specifications or advertisement is for the purpose of bidding only. The City may purchase more or less than the estimated quantity, and the bidder must not assume that such estimated quantity is part of the contract.

6. All bids should be tabulated, totaled and checked for accuracy. The unit price will prevail in case of errors.

7. All requested information should be included in the sealed bid envelope. All documents and information must be signed and included for your bid to receive full consideration. Failure to submit any required information or document will be cause for bid to be rejected as non-responsive.

8. Failure of the bidder to sign the bid document or have the signature of any authorized representative or agent on the bid in the space provided will be cause for rejection of the bid. Signature(s) must be written in ink.

9. Failure to enclose bid bond, where required, will result in rejection of the bid. Bond may be in the form of cash, certified check, cashier’s check or Surety Bond issued by a Surety Company licensed to conduct business in Georgia.

10. All bidders should provide their tax identification number with the bid.

11. All bidding Corporations should provide the corporate seal, a copy of the Secretary of State’s Certificate of Incorporation, and a listing of the principals of the corporation with the bid.

12. Quote all prices F.O.B. Albany or our warehouse or as specified in bid documents.

13. If the bidder proposes to furnish any item of a foreign make or product, he/she should write “Foreign” together with the name of the originating country opposite such item on the bid.

14. When requested, SAMPLES will be furnished free of expense, properly marked for identification and accompanied by list where there is more than one sample. The City reserves the right to mutilate or destroy any samples submitted whenever it may be in the best interests of The City to do so for the purpose of testing.

15. The City will reject any material, supplies or equipment that do not meet the specifications, even though bidder lists the trade name or names of such materials on the bid or price quotation form.

16. Any alterations, erasures, additions or omissions of required information or any changes of specifications, or bidding schedule are done at the risk of the bidder. Any bid will be rejected that has a substantial variation, such as a variation that affects the price, quality or delivery date (when delivery is required by a specific time).

17. Each bid or proposal will be submitted in a SEALED ENVELOPE. Additionally, that envelope shall be clearly marked on the outside as a Sealed Bid with the Bid Number clearly printed.

18. Bids must be received and stamped by the Procurement Office before the date and time stipulated in bid documents. The City of Albany assumes no responsibility for submittals received after the advertised deadline or at any office or location other than that specified herein, whether due to mail delays, courier mistake, mishandling, or any other reason. No responsibility will attach to any City representative or employee for premature opening of bids not properly addressed or identified.

19. If only one bid is received, the bid may be rejected and/or re-advertised, except in the case of only one known source of supply.

20. Bids received late will not be accepted, and The City will not be responsible for late mail delivery.

21. Should a bid be misplaced by The City and found later it will be considered.

22. The unauthorized use of patented articles is done entirely at the risk of the bidder.

23. All bidders must be recognized and authorized dealers in the materials or equipment specified and be qualified to instruct in their application or use. A bidder at any time requested must satisfy the Procurement Office and City Commission that he has the requisite organization, capital, plant, stock, ability and experience to satisfactorily execute the contract in accordance with the provisions of the contract in which he is interested.

24. Only the latest model equipment as evidenced by the manufacturer’s current published literature will be considered. Obsolete models of equipment not in production will not be acceptable. Equipment shall be composed of new parts and materials. Any unit containing used parts or having seen any service other than the necessary tests will be rejected. In addition to the equipment

Bid Ref No. 23-050 3 specifically called for in the specifications, all equipment catalogued by the manufacturer as standard or required by the State of Georgia shall be furnished with the equipment. Where required by the State of Georgia Motor Vehicle Code, vehicles shall be inspected and bear the latest inspection sticker of the Georgia Department of Revenue.

25. All materials, equipment and supplies shall be subject to rigid inspection, under the immediate supervision of the Procurement Officer and/or the Department to which they are delivered. If defective material, equipment or supplies are discovered, the contractor, upon being instructed by the Procurement Officer, shall remove, or make good such material, equipment or supplies without extra compensation. It is expressly understood and agreed that the inspection of materials by The City will in no way lessen the responsibility of the contractor or release him from his obligation to perform and deliver to The City sound and satisfactory materials, equipment or supplies. The contractor agrees to pay the cost of all tests on defective material, equipment or supplies or allow the cost to be deducted from any monies due him by The City.

26. For multi-year contracts the following clauses pursuant to OCGA 36-60-13 apply: (1) The contract shall terminate absolutely and without further obligation on the part of The City or County at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed; (2) The contract may provide for automatic renewal unless positive action is taken by The City or County to terminate such contract, and the nature of such action shall be determined by The City or County and specified in the contract; (3) The contract shall state the total obligation of The City or County for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed;

and (4) The contract shall provide that title to any supplies, materials, equipment, or other personal property shall remain in the vendor until fully paid for by The City.

27. Unless otherwise specified The City reserves the right to award each item separately or on a lump sum basis, whichever is in the best interest of The City.

28. The successful bidder shall secure all permits, license certificates, inspections (permanent and temporary) and occupational tax certificate, if applicable, before any work can commence. Contractor as well as any and all known subcontractors must possess or will be required to obtain a City of Albany Occupational Tax Certificate or Registration.

29. The successful bidder on motor vehicle equipment shall be required to furnish with delivery of vehicle, Certificate of Origin and Georgia vendors shall provide Georgia Motor Vehicle form MV1.

30. The City reserves the right to reject any and all bids, to waive any informalities in the bid process, and to award the contract as may be in the best interest of the City and/or re-advertise forbids.

31. Local bidder (domiciled in Albany City Limits) will receive bid in the event of tie bids. In the case of tie bids between out of town companies or between local concerns, evaluated as equal, bid will be recommended or awarded by chance coin toss, or drawing straws. The Board of Commissioners passed a local preference ordinance on January 27, 2015. Where applicable, this ordinance will govern. Local preference will not be a basis for award on bids that are federally funded.

32. No bidder writing restrictive specifications for The City will be allowed to bid on the project.

33. Reasonable grounds for supposing that any bidder is interested in more than one bid for the same item will be considered sufficient cause for rejection of all bids in which he/she is interested.

34. A contract will not be awarded to any corporation, firm or individual who is, from any cause, in arrears to The City/County or who has failed in any former contract with The City to perform work satisfactorily, either as to the character of the work, the fulfillment of the guarantee, or the time consumed in completing the work.

35. It is mutually understood and agreed that if any time the Procurement Officer shall be of the opinion that the contract or any part thereof is unnecessarily delayed or that the rate of progress or delivery is unsatisfactory, or that the contractor is willfully violating any of the conditions or covenants of the agreement, or is executing the same in bad faith, the Procurement Officer shall have the power to notify the aforesaid contractor of the nature of the complaint. Notification shall constitute delivery of notice, or letter, to address given in bid/proposal. If after three working days of notification the conditions are not corrected to the satisfaction of the Procurement Officer, he shall thereupon have the power to take whatever action he may deem necessary to complete the work or delivery herein described, or any part thereof, and the expense thereof, so charged, shall be deducted from any paid by The City out of such monies as may become due to the said contractor, under and by virtue of this agreement. In case such expense shall exceed the last said sum, then and in that event, the bondsman or the contractor, his executors, administrators, successors, or assigns, shall pay the amount of such excess to The City on notice by the Procurement Officer of the excess due.

36. Contracts may be cancelled by The City with or without cause with 30-day written notice.

37. Any complaint from bidders relative to the Invitation to Bid or any attached specifications should be made prior to the time of opening of bids, otherwise such complaint cannot be properlyconsidered.

38. Any bidder may withdraw his bid at any time before the time set for opening of bids. No bid may be withdrawn without cause in the 60-day period after bids are opened.

39. All questions, inquiries and requests for clarification shall be directed to Procurement.

40. Prior to submission, all bidders are encouraged to check the website at www.albanyga.gov or call the Procurement

Office at 229-431-3211 for any addendums.

PROCUREMENT FORM - Revised 11/18/2021 http://www.albanyga.gov/

Bid Ref No. 23-050 4

SPECIAL INSTRUCTIONS TO BIDDER

Three Oaks Storm Water Improvements – Phase 2 – Summit Drive

Bid Reference No. 23-050

1. General: The project consists of the trench excavation and backfilling; installation of storm drainage pipes and structures; utility relocations and adjustments; erosion and sedimentation best management practices;

replacement of pavement and resurfacing; and associated work required to divert storm water drainage flows from the canal near Three Oaks Park/Pond to Lake Cornelia.

The contract shall be written for all work required, expressed, or implied, that is necessary to perform the work described in the bid documents, special instructions, specifications, and all other contract documents.

No money shall be paid for any extra work or modifications to the specifications unless such work or modification is expressly approved in writing by the owner’s designated representative prior to execution.

All bids shall be deemed to have been made with full knowledge of all terms, conditions, and requirements contained herein. The contract shall be written for all work required, expressed, or implied, that is necessary to perform the work described in the bid documents, special instructions, specifications, and all other contract documents. No money shall be paid for any extra work or modifications to the specifications unless such work or modification is expressly approved in writing by the owner’s designated representative prior to execution.

2. Contractor’s bid: shall include all necessary labor, materials, tools, equipment, and all other items necessary to complete the contract requirements in accordance with bid documents, special instructions, specifications, and all other provisions included in this bid document. It is the bidder’s responsibility to visit the jobsite and become familiar with the local conditions.

3. Bid Form: Bids must be submitted on the form provided in this bid document. Ensure the bid form is completed in its entirety. Bid is for unit cost contract for all work specified in this bid document. Bid will be awarded to the responsive and responsible bidder(s) submitting the lowest bid, in the measure that best benefits the City of Albany.

4. Performance Bond and Payment Bonds: Contracts of $100,000.00 or more, a 100% Performance

Bond and 100% Labor and Materials Payment Bond will be required of awarded bidder. All bonds must be submitted to the Procurement Office before work can commence.

5. No bid may be withdrawn for a period of sixty (60) days from the bid opening date.

6. Contract Time: Contract must be completed within two-hundred and forty (240) calendar days following the issuance of the Notice to Proceed. Performance will be monitored and documented by the Project Manager. Not completing this contract within the time specified may hamper the contractor’s ability to secure future contracts with the City.

7. Liquidated Damages: Time is an essential element of the Contract, and any delay in the prosecution of

The Work may inconvenience the public, obstruct traffic, or interfere with business. In addition to the aforementioned inconveniences, any delay in completion of The Work will always increase the cost of engineering. For this reason, it is important that The Work be pressed vigorously to completion. Should the Contractor or, in case of default, the Surety fail to complete The Work within the time stipulated in the Contract or within such extra time that may be allowed, charges shall be assessed against any money due or that may become due the Contractor in accordance at the rate of one-hundred and fifty dollars ($150) per calendar day.

Bid Ref No. 23-050 5

8. Contract: The successful bidder will be required to submit two (2) copies of the contract contained herein within ten (10) days following the issuance of the Notice of Award.

9. General Insurance Requirements: Contractor shall maintain insurance with companies licensed to do business in the State of Georgia acceptable to the City for the protection of the City and name it as an additional insured, against all claims, losses, costs or expenses arising out of injuries or death of persons whether or not employed by contractor, whether arising from the acts or omission, negligence or otherwise of contractor or any of its agents, employees, patrons, or other persons, and growing out of work being done by Contractor on behalf of City, such policies to provide for a liability limit on account of each accident resulting in the bodily injury or death of not less than One Million ($1,000,000) Dollars, a liability limit of not less than One Million ($1,000,000) Dollars for each accident for property damage. Contractor shall also carry product/completed operations liability insurance for personal injuries and/or death in the amount not less than One Million ($1,000,000) Dollars for any one person. Contractor shall maintain a combined single liability limit of Five Hundred Thousand ($500,000) Dollars covering owned, non-owned, leased, and hired vehicles and name the City of Albany as an additional insured. Contractor shall furnish to the City satisfactory evidence that it carries Worker’s Compensation Insurance in the statutory limits of Georgia and Employers’ Liability with limits of liability of no less than One Hundred Thousand ($100,000) Dollars of each accident/disease. These polices must also contain a waiver of subrogation in favor of the City of Albany. Contractor shall furnish evidence of the continuance in force of said policies by providing copies of timely declaration page(s) to the Procurement Agent. Acceptable proofs of insurance: (i) a Certificate of Insurance with Additional Insured Endorsements (a Certificate of Insurance by itself is not acceptable) or (ii) Declaration Pages of the insurance policies which show the City of Albany as additional insured. The Certificate of Insurance must provide the project name and our project number on all certificates; where the Project requires Contractor’s Pollution Legal Liability coverage or Contractor’s Professional E & O coverage, per project coverage would be allowed. All insurance policies must provide that the City of Albany will be notified within 30 days of any changes, restrictions, and/or cancellation. The City’s sole judgment shall control as to the sufficiency of the coverage.

10. Indemnification: Contractor agrees to indemnify and hold harmless the City, its agents, officers, and employees, their successors and assigns, individually and collectively, with respect to all claims, demands or liability for any injuries to any person (including death) or damage to any property arising out of the activities of contractor or based on alleged negligence of contractor, its officers, agents, or employees and contractor shall defend against all such claims and pay all expenses of such defense, including attorney fees, and all judgments based thereon; provided that this obligation shall not extend to any damage, injury or loss due to the negligence of the City.

11. Superintendent: The contractor shall have a superintendent or representative on the site at all times while work is being performed. He will represent the contractor and all communications given to him shall be binding as if given to the contractor.

12. Permits and Fees: Within five (5) days following the issuance of the Notice to Proceed the contractor shall apply for all permits. Failure to do so may result in award of this contract to the next lowest bidder and the original contractor may be billed for the difference in price. The contractor shall secure all permits, license certificates, inspections (permanent and temporary) and Occupational Tax Certificate before any work can commence. This documentation should be on file in the Procurement Office prior to start of any work associated with this contract. The contractor is required within five (5) days of completion of specified work to contact the Project Manager, Scott Tennison, at (229) 302-1806 for a final inspection. Successful bidder as well as any and all known subcontractors must possess or will be required to obtain a City of Albany Occupational Tax Certificate or Registration prior to award of contract.

13. Preservation of Property: The contractor shall carry out their work with such care and by the proper methods to prevent damage to the property adjacent to the work or within streets, easement locations to the extent the owner may have rights therein, or other property of the owners or of others, Bid Ref No. 23-050 6 whether adjacent to the work site or not, the removal, relocation, or destruction of which is not called for by the provisions of the contract documents; it being a condition of the execution of the contract that the work be performed in such manner that the property of others and other property of the owner shall not be damaged in any way. The word PROPERTY, as used, is intended to include among other types of property, public street improvements, storm and sanitary sewers, water lines and appurtenances, or other structures. Should any property be damaged or destroyed, the contractor at their own expense shall promptly, or within reasonable time, repair or make such restoration as is practical and acceptable to the owner of the damaged or destroyed property. In case of failure on the part of the contractor to repair or restore such property, or make good such damage or injury, the Building Inspector may within forty-eight

(48) hours notice, proceed to repair, rebuild, or otherwise restore such property as may be necessary, and the cost thereof will be deducted from any monies due or which may become due the contractor under this contract agreement. The contractor shall, at all times in performance of the work, employ approved methods and exercise reasonable care and skill so as to avoid delay, damage, injury or destruction of existing public service installations and structures; and shall at all times in the performance of the work avoid interference with, or interruption of, public utilities services, and shall cooperate fully with the owners thereof to the end.

14. Public Convenience and Safety: Fire hydrants on or adjacent to the street shall be kept accessible to the fire apparatus at all times and no material or obstructions shall be placed within ten (10) feet of any hydrant. Adjacent premises must be given access at all times and gutters shall not be obstructed.

Materials shall not be stored along the streets. Traffic on streets shall be maintained at all times. Dust and debris shall not create a hazard or a nuisance.

15. Barricades and Warnings: The contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient number of watchmen to direct traffic, and take all necessary precautions for the protection of the work and safety of the public. Barricades and obstructions shall be illuminated at night and lights shall be kept burning from sunset to sunrise.

16. Removal of Trash and Rubbish: The contractor shall be responsible for the removal and legal disposal of all waste, trash, and rubbish resulting from the work under this contract. Work site shall be kept clean and orderly during construction; trash shall be removed from the site or adequately containerized daily.

17. The Owner of this project is the City of Albany. The Owner reserves the right to reject any and all bids and to waive any informalities in the bid process and to award the contract as may be in the best interest of the Owner or re-advertise for bids.

18. Compliance: The contractor is responsible for knowledge of and compliance with all laws, codes, ordinances, and regulations that are applicable to this type of work.

19. Certificate of Non-Collusion: An executed copy of this form must be submitted. (See Attached).

20. Governing Law and Venue: An executed copy of this form must be submitted. (See Attached).

21. Drug Free Workplace: An executed copy of this form must be submitted. (See Attached).

22. Debarred Bidders Integrity Form: An executed copy of this form must be submitted. (See Attached).

23. Termination for Convenience: This contract may be terminated in whole or in part by the City of Albany with the consent of the contractor in which case the two parties shall agree upon the termination conditions, including the effective date in the case of partial termination, and the portion to be terminated;

or by the contractor upon written notification to the City of Albany setting forth the reasons for such

Bid Ref No. 23-050 7 termination, the effective date, and in the case of partial termination, the portion to be terminated.

However, if in the case of partial termination, the City of Albany determines that the remaining portion of the award will not accomplish the purposes for which the contract was awarded, the City of Albany may terminate the contract in its entirety.

24. Termination for Cause: In the event that the contractor shall for any reason or through any cause be in default of the terms, conditions, or obligations of the contract documents, the City may give the contractor written notice of such default and terminate the contract. All terms, conditions, and obligations of the contract documents are considered material. The City may, in its discretion, provide the contractor an opportunity to cure the default, if curable, prior to termination. Unless a different duration is provided in the notice of default, the contractor shall have fourteen (14) calendar days to cure the default from the date such notice is mailed to the contractor, unless notification is by facsimile or personal delivery, in which case the opportunity to cure shall commence upon delivery of the notice. Upon failure of the contractor to cure the default the City may immediately terminate the contract effective as of the mailing or delivery of the default notice. If the City terminates the contract, the contractor shall remain liable for performance of all terms, conditions, and obligations through the date of termination. Termination by the City shall not constitute a waiver by the City of any other rights or remedies available to the City by law or contract.

25. Certification of Bidder’s Experience and Qualifications: The undersigned bidder certifies that they are, at the time of bidding, and shall be, throughout the period of the contract, licensed by the State of Georgia to do the type of work required under terms of the contract documents. Bidder further certifies that they are skilled and regularly engaged in the general class and type of work called for in thecontract documents. The bidder represents that they are competent, knowledgeable and have special skills on the nature, extent, and inherent conditions of the work to be performed. Bidder further acknowledges that there are certain peculiar and inherent conditions existent in the construction of the particular facilities, which may create, during the construction program, unusual or peculiar unsafe conditions hazardous to persons and property. Bidder expressly acknowledges that they have the skill and experience to foresee and to adopt protective measures to adequately and safely perform the construction work with respect to such hazards. Suitable evidence of the successful bidder’s experience, to include references, must be submitted with bid.

26. Warranty: Contractor shall guarantee all specified work performed for a period of one (1) year from the date of written acceptance of the work by the Owner’s designated representative that all materials, labor, and workmanship provided under this contract are free from defects of any kind. At no expense to the City of Albany, the contractor shall make repairs to any defects found and reported during the warranty period. Final inspection, final acceptance, and final payment shall not be construed as a waiver of this warranty. The following are excluded from this warranty:

a. Defects or failures resulting from abuse by the owner.

b. Damage caused by fire, tornadoes, hail, hurricane, Acts of God, wars, riots, civil commotion, or vandalism.

27. Corporations: All Corporations should provide corporate seal, a copy of the Secretary of State’s Certificate of Incorporation, and a listing of the principals of the corporation with the bid.

28. Pre-Construction Conference: Successful bidder will be required to attend a Pre- Construction

Conference with the owner’s representative prior to commencement of work under resultingcontract.

29. Georgia Security and Immigration Compliance Act: The successful contractor will provide certification that they are in compliance with the Georgia Security and Immigration Compliance Act, certifying that the provisions of GA Law, O.C.G.A 13-10-91, Chapter 300-10-1, per the Georgia Department of Labor, if applicable, have been complied with in full. Pursuant to O.C.G.A 13-10-90(2), all

Bid Ref No. 23-050 8 subcontractors entering into a contract or agreement for hire on this Project must be registered and participate in the Federal Work Authorization Program. Complete and submit a copy of the form, applicable to your company, and applicable Subcontractor Affidavits, with your bid.

30. Bid Submittals (All items listed below must be submitted with bid)

a. Bid Form

b. Bid Bond

c. DBE Subcontractor Participation Form

The following items should be submitted with bid:

a. E-verify Form- Affidavit to Comply with OCGA § 13-10-91

b. Certificate of Insurance (Specimen Copy)

c. Governing Law & Venue Form

d. Certificate of Non-Collusion Form

e. Debarred Bidders

f. Drug Free Workplace

g. Indemnity Form

h. Corporate Seal

i. Secretary of State’s Certificate of Incorporation

j. Listing of the Principals of Corporation. All corporations should provide the corporate seal, a copy of the Secretary of State Certificate of Incorporation, and a listing of the principals of the corporation with bid.

k. Advertisement Form

For additional information, contact Ricky Gladney, Buyer, at (229) 302-1455. Submit all questions via email to rgladney@albanyga.gov cc: jswilliams@albanyga.gov or fax questions to (229) 431-2148. The deadline for questions is January 27, 2023, at 2:30 p.m. Questions received after this deadline may not be answered. Replies of substance will be in the form of written addenda and made available to all potential bidders.

mailto:rgladney@albanyga.gov mailto:jswilliams@albanyga.gov

Bid Ref No. 23-050 9

* COMPLETE AND SUBMIT*

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT

Contractor’s Name:

Address:

Solicitation/Contract NO. 23-050

Solicitation /Contract Name: Three Oaks Storm Water Improvements – Phase 2 – Summit Drive

CONTRACTOR AFFIDAVIT

I understand that the City of Albany may not enter into a contract with (Name of Corporation) unless it has registered and does participate in the Federal Work Authorization Program defined in O.C.G.A. § 13-10-90(2), to-wit” (2) “Federal work authorization program” means 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), D.L. 99-603.

By executing this affidavit, the undersigned Contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, entity or corporation which is engaged in the physical performance of services on behalf of the City of Albany 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 sub-Contractors who present an affidavit to the Contractor with the information required by O.C.G.A. § 13- 10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification No. Date of Authorization (EEV/E-Verify Company IdentificationNumber)

Name of Contractor

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

Printed Name (of Authorized Officer or Agent) Title (of Authorized Officer or Agent Contractor)

Signature (of Authorized Officer or Agent) Date

Signed SUBSCRIBED AND SWORN BEFORE ME ON

[NOTARY SEAL]

Notary Public

My Commission Expires:

Bid Ref No. 23-050 10

CERTI FI CATI ON OF N ON -COLLUSI ON

The bidder being sworn, disposes and says, _

The Contractor submitting this certification and its agents, officers or employees have not directly or indirectly entered into any agreements, participated in any collusion, or otherwise taken any actionin restraint of free competitive bidding in connection with this bid.

DATE: _

COMPANY NAME:

AUTHORIZED REPRESENTATIVE NAME: _

TITLE: _

SIGNATURE: _

Bid Ref No. 23-050 11

GOVERNING LAW AND VENUE

Contractor agrees that as to any actions or proceedings arising out of or related to this agreement, any such proceedings shall be governed and determined by Georgia Law.

Contractor further agrees that as to any actions or proceedings arising out of or related to this agreement, any such action or proceeding shall be resolved only in an appropriate court located in Dougherty County, Georgia.

Bid Ref No. 23-050 12

Advertisement Form For Al l Fi rms Part i c i pat ing in the bid please answer quest ions below :

Please let us know how you heard about the BID/RFP advertisement by selecting one of the following.

1. Internet/Social Media to include Facebook, Twitter, etc. Yes No __

2. City of Albany website Yes No _

3. City of Albany local access channel (channel 16) Yes No_

4. Georgia Procurement Registry Yes No __

5. Other: _ _

Please indicate if you are a DBE: Yes _ No _

Bid Ref No. 23-050 13

Drug Free Workplace Certification

DRUG FREE WORKPLACE REQUIREMENTS: The Contractor will provide the following certification that a Drug Free Workplace will be provided on the Project.

The undersigned certifies that the provisions of Code Sections 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating the "Drug Free Workplace Act", have been complied with in full. The undersigned further certifies that:

1. A drug free workplace will be provided for the Contractor’s employees during the performance of the Contract; and

2. Each Contractor who hires a Subcontractor to work in a drug free workplace shall secure from that Subcontractor the following written certification:

TITLE:

Bid Ref No. 23-050 14

DEBARRED BI DDERS/ INTEGRITY CERTIFICATION

Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (49 CFR, Part 29):

The Contractor must certify that neither it nor its principals are presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Further, the Contractor certifies that he or she shall obtain an identical certification from all its sub-contractors. The Contractor also agrees that when a sub-contractor is unable to certify to any of the statements in this certification, the prospective participant shall submit an explanation to the Contractor.

Bid Ref No. 23-050 15

INDEMNITY AGREEMENT

This indemnity agreement made and entered into in favor of CITY OF ALBANY (“ALBANY”), a municipal corporation, by .

WHEREAS

has submitted a bid to ALBANY so as to provide

NOW, THEREFORE, as an additional consideration in ALBANY awarding the bid to agrees to indemnify and hold harmless ALBANY, its agents, principals, officers, and employees, their successors and assigns, individually and collectively, with respect to all claims, demands or liability for any injuries to any person (including death) or damage to any property arising out of any alleged negligence of , its officers, agents, or employees in connection with said bid /award; provided this indemnity shall not extend to any damage, injury or loss due to ALBANY’s sole negligence or willful misconduct of ALBANY.

shall defend against all such claims and pay expenses of such defense, including reasonable attorney fees, and all judgments based thereon.

WITNESS THE HAND AND SEAL of the authority day of , 2023.

pursuant to proper corporate

[CORPORATE NAME]

By:

Title

Attest:

Title

[Affix Corporate Seal]

Bid Ref No. 23-050 16

BID REFERENCE NO. 23-50

ADDENDUM ACKNOWLEDGEMENT FORM

Instructions: Please acknowledge receipt of addenda received by completing this addendum acknowledgement form. Check the box next to each addendum received and sign below. This addendum acknowledgement form should be submitted with your bid to expedite document processing.

Acknowledgement: I, the undersigned, acknowledge receipt of the following addenda to the above referenced Invitation To Bid and have made any necessary revisions to my response or submittal. I understand that failure to confirm the receipt of addenda may be cause for rejection of this bid.

Addendum No. 1 ⃣ Addendum No. 3 ⃣

Addendum No. 2 ⃣ Addendum No. 4 ⃣ ⃣ No Addenda received for Bid Reference #23-050.

Print Name and Title of Authorized Signer

Authorized Signature

Date

Bid Ref No. 23-050 17

Proposal Reference No. 23-050

BID FORM

SCHEDULE OF DBE

PARTICIPATION

Name of Proposer:

NAME OF DBE

SUBCONTRACTOR

ADDRESS

(COUNTY, STATE)

TYPE OF WORK

SUBCONTRACTED

DBE

SUBCONTRACT

VALUE

DBE PARTICIPATION

VALUE

DBE PARTICIPATION TOTAL VALUE ........................................................................... $

The attainment of DBE participation goals for this contract will be measured as a percentage of the total dollar value of the contract. The undersigned will enter into a formal agreement with the MBE/WBE Subcontractors identified herein for work listed in this schedule conditioned upon execution of a contract with:

Sworn to and subscribe before me, this day of ,20 _.

(SEAL)

NOTARY PUBLIC Name (Typed)

THREE OAKS AREA - STORMWATER IMPROVEMENTS - PHASE 2, SUMMIT DRIVE

ALBANY, DOUGHERTY COUNTY, GEORGIA

BID REFERENCE NO. 23-050

UNIT COST SCHEDULE - BID FORM Issued 01/05/2023

Bidder: Page 1 of 3

Item No. ITEM DESCRIPTION QUAN. UNIT UNIT COST TOTAL COST

1 Mobilization / Demobilization 1 l.s. $ $

2 Insurance/Bonds as required by City 1 l.s. $ $

3 Traffic Control, complete 1 l.s. $ $

Erosion control - sediment basin (Sd-4) including installation, maintenance, and removal of BMP l.s.

Erosion control complete for Summit Drive pipe construction including installation, maintenance, and removal of BMP's as shown on the plans

Saw Cut, Clearing, Grubbing, Demolition and Offsite Disposal of Debris

7 Remove Existing 15-18" Pipe 110 l.f. $ $

8 Remove Existing 42" Pipe 42 l.f. $ $

9 Removal of existing pipes not shown on plans 20 l.f. $ $

10 15" RCP (0-8' cut) 20 l.f. $ $

11 18" RCP (0-8' cut) 40 l.f. $ $

12 48" RCP ( 0-8' cut) 220 l.f. $ $

13 48" RCP ( 8-10' cut) 260 l.f. $ $

14 48" RCP ( 10-12' cut) 160 l.f. $ $

15 48" RCP ( 12-14' cut) 180 l.f. $ $

16 48" RCP ( 14-16' cut) 200 l.f. $ $

17 48" RCP ( 16-18' cut) 260 l.f. $ $

18 48" Concrete Headwall 2 ea. $ $

19 Storm Manhole (0-6' depth) 6 ea. $ $

20 Extra Depth of Manhole 40 v.f. $ $

21 Storm Doghouse Manhole (0-6' depth) 1 ea. $ $

Connect to Existing Structure with new Storm Pipe, including rebuilding of structure walls as required ea.

Rebuild Existing Structure walls as required following removal of exisitng storm pipe

24 Plug Existing 18" Pipe 7 ea. $

25 Plug Existing 42" Pipe at Inlet 1 ea. $

Flowable Fill - Fill Existing Inlets and Pipes that Remain in Place 30 c.y. $

Cut, Remove and Replace 8" Sanitary Sewer, Including Connection and Collar l.f.

Adjust sanitary manhole rims to grade (not shown on plans -to be used only at the direction of the Owner)

BID REFERENCE NO. 23-050

Bidder: Page 2 of 3

16" Steel Casing for Utility Main Crossings (not shown on plans, installed at direction of Owner)

Concrete Encasement for Sanitary Sewers, Water Mains, and Gas Mains

Lower Existing Gas Main up to 2" Diameter with all Pipe and Fittings Required (not shown on plan; to be installed as directed by Owner based upon field conditions)

Lower Existing Water Main up to 8" Diameter with all Pipe and Fittings Required (not shown on plan; to be installed as directed by Owner based upon field conditions)

Adjust/Relocate Water Meter or Valve Box to grade (not shown on plans - to be used only at the direction of the Owner)

Grading, complete, including trench excavation, backfilling, compaction, and preparation for pavement construction

Unsuitable Soil Removal and Replacement including off site disposal of unsuitable material and import of suitable soil to project (not shown on plans - used only at the direction of the Owner)

1,000 c.y.

Saw Cut, Remove and Replace Existing Pavement (additional quantity not shown on plans - to be used only as directed by

1,500 s.y.

Saw Cut, Remove and Replace Concrete Curb and Gutter (additional quantity not shown on plans - to be used only as directed by Owner)

Saw Cut, Remove and Replace Concrete Curb and Gutter (as shown on plans)

39 Cut, Remove and Replace Concrete Alley Apron Turnout 80 s.y. $

Remove and Replace Concrete Residential Driveway Apron (not shown on plans - to be provided only at direction of the

Milling of Existing Asphalt, 6 feet wide along edge of pavement or work area to a depth of 1/2" below curb & gutter edge and with minimum milling depth of 1-1/2" (not

1,180

Bituminous Tack Coat over existing asphalt pavement (not

2,500

Hot shall Mix Asphalt, 9.5 mm, Type II, Superpave, 165 lb/sy (not shown on plans - resurfacing shall be used only at the direction of the Owner)

4,200

Remove and Replace Pavement Striping, Markings and Markers

New Concrete, slab on grade, 3000 psi (not shown on plans, to be used only if directed by Owner) c.y.

BID REFERENCE NO. 23-050

Bidder: Page 3 of 3

New Street Signs on Posts, complete and installed (contingency item - to be used only at the direction of the

47 Relocate Existing Street Signs, complete and installed 5 ea. $

Walking Trail Clearing including Limbing Trees to 10' Height at Trail, Raking, Grubbing and Offsite Disposal of Debris

Walking Trail Grading Complete including Excavation, Embankment, Fine Grading, and Compaction of Walking Trail and Shoulders Area

Walking Trail Asphalt Milling, 4" thick & +/-6' wide over Geotextile nonwoven fabric (US Fabrics US-90NW or equal)

Curb Inlet Removal & Replacement, COA STD 5003 (remove and rebuild existing curb inlets on W Lakeridge Dr near E Lakeridge Dr)

15" RCP Removal including backfill, fine grading, and grassing (remove outfall pipe from existing curb inlet on W Lakeridge Dr north of E Lakeridge Dr)

15" RCP , 0' to 8' deep (on W Lakeridge Dr near E Lakeridge Dr)

Pavement Cut & Patch (on W Lakeridge Dr near E Lakeridge Dr)

Curb & Gutter Removal & Replacement (on W Lakeridge Dr near E Lakeridge Dr)

Connect to Existing Structure with new Storm Pipe, including rebuilding of structure walls as required (on W Lakeridge Dr near E Lakeridge Dr)

Summit Drive Total = $

AGREEMENT BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020).

This Agreement is by and between the City of Albany, Georgia (“Owner”) and [name of contracting entity] (“Contractor”).

Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions.

Owner and Contractor hereby agree as follows:

ARTICLE 1—WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: THREE OAKS STORMWATER DRAINAG IMPROVEMENTS PROJECT, PHASE 2 – SUMMIT DRIVE, Bid Reference #23-050

ARTICLE 2—THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: THREE OAKS STORMWATER DRAINAG IMPROVEMENTS PROJECT, PHASE 2 – SUMMIT

DRIVE

ARTICLE 3—ENGINEER

3.01 The Owner’s Engineering Department will act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract.

3.02 The part of the Project that pertains to the Work has been designed by Lanier Engineering, Inc.

ARTICLE 4—CONTRACT TIMES

4.01 Time is of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Contract Times: Days

A. The Work will be substantially complete within 240 calendar days after the date when the Contract Time commences to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 30 calendar days after the date of the delivery of the Final Inspection.

EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time.

Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner $150 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete.

B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner’s sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages (if any) specified in this Agreement.

ARTICLE 5—CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract

Documents, the amounts that follow, subject to adjustment under the Contract:

A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item): see the Unit Cost Schedule-Bid Form.

The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are…