Bid Documents_2024 STS_31 Sidewalk Repairs_05.pdf

City Of Statesboro

Invitation To Bid

ITB 2024 STS-31: SIDEWALK REPAIRS

City Hall 50 East Main Street Statesboro, Georgia 30458

Sealed BIDS for ITB 2024 STS-31: Sidewalk Repairs will be received by the City of Statesboro’s Purchasing Division until 3:00 PM, local time, on Tuesday, June 18, 2024. Bids will be publicly opened and read aloud immediately after bid closing time in the Municipal Courtroom located at 22 West Grady Street, Statesboro, Georgia 30458.

PROJECT LIMITS AND OVERVIEW

This project will consist of replacing 4” thick 5’ wide Sidewalk and Driveways as needed in various locations throughout the city.

SCOPE OF SERVICES

The work will include but is not limited to the following: clearing, excavating, setting grade, concrete forming, concrete pouring, traffic and erosion control.

The BID DOCUMENTS may be examined at the following location:

City Hall City of Statesboro Public Works and Engineering Department 50 East Main Street Statesboro, GA 30458

A required pre-bid conference will be held at 10:00 AM local time, on Tuesday, June 4, 2024 in the Statesboro Municipal Courtroom located at 22 West Grady Street, Statesboro, Georgia 30458. Project scheduling, coordination, and questions of interpretation will be addressed at this time. We encourage all bidders to attend the pre-bid conference onsite; however, for accommodations, please make a request.

Bids will not be accepted from bidders that do not attend the required pre-bid conference.

All bids must be accompanied by a Bid Bond in an amount not less than five percent (5%) of the Base Bid. Performance Bond and Payment Bond, each in the amount of One Hundred percent (100%) of the Contract amount, will be required of the successful bidder. Bonds must be written by an acceptable Surety Company licensed to do business in the States of Georgia and listed in the Department of the Treasury, Circular 570, latest edition.

NOTE: Contractor and all subcontractors must obtain a business license in Georgia, be fully insured, and be a Licensed Contractor in the State of Georgia.

INSURANCE: Contractor shall maintain the following insurance:

a) Comprehensive general liability, including blanket contractual, covering bodily injuries with limits of no less than $1,000,000 per occurrence, and property damage with limits of no less than $1,000,000 per occurrence.

b) Commercial automobile liability, including blanket contractual, covering bodily injuries with limits of no less than $1,000,000 per occurrence, and property damage with limits of no less than $1,000,000 per accident.

c) Statutory worker’s compensation insurance, including $1,000,000 employer’s liability insurance.

d) Employee dishonesty and/or crimes coverage with respect to personnel of Contractor having access to City buildings, with limits of no less than $50,000 per occurrence.

All insurance shall be provided by an insurer(s) acceptable to the City and shall provide for thirty (30) days prior notice of cancellation to the City. Upon request, Contractor shall deliver to the City a certificate or policy of insurance evidencing Contractor’s compliance with this requirement. Contractor shall abide by all terms and conditions of the insurance and shall do nothing to impair or invalidate the coverage.

Before the City of Statesboro will execute a contract, the contractor will provide proof of Insurances and Contractor Utility Licenses as required per State Law.

The successful bidder shall secure and pay for all permits, assessments, charges or fees required in connection with the proposed construction.

All work to be performed under this project must be substantially complete within 120 consecutive calendar days, and punch list items for final acceptance will be allotted 30 days, for a total of 150 consecutive calendar days following receipt of the Notice to Proceed.

The City of Statesboro reserves the right to reject any or all bids, including without limitation, the right to reject any and all nonconforming, non-responsive, unbalanced or conditional bids and to reject the bid of any bidder whom the Owner believes would not be in the best interest of the Project to make an award to that bidder whether because the bid not responsive, the bidder is unqualified, or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner.

NOTICE

1) All requests for information, concerning this bid request, must be emailed to bidinfo@statesboroga.gov no later than Monday, June 10, 2024 at 3:00 PM local time.

2) It is the bidder’s responsibility to ensure that all attachments are included in the bid package received.

For this bid package, the following attachments apply:

a. RFP/ITB document provided herein

b. Drawings to be obtained electronically. Contractor responsible for field verifying all measurements.

c. Bid Table

3) It is the intent of the City of Statesboro to encourage participation by minority and female owned business enterprises (MFBE) for all procurement processes. The construction phase of this project must include a minimum 20% minority or female business enterprise participation of total construction cost. All submittals for this ITB must include a signed affidavit, provided herein, acknowledging compliance with 20% MFBE requirement at time of submittal of sealed bids. Upon submittal of sealed bids pre-qualified contractors will be required to provide proof of MFBE certification, preferably analogous with GDOT DBE certification. If general /prime contractor is not a certified MFBE or provide list of MFBE subcontractors, their certifications, identify % of participation by each sub-contractor in the MFBE Participation Report provided herein.

4) All bids must be submitted on the Bid Form provided herein.

5) All bids must be accompanied by an E-Verify affidavit provided herein.

6) All bids must be accompanied by a Non-Collusion affidavit provided herein.

7) All sheets must be fully completed. All bids shall be sealed and clearly marked on the outside envelope: “City of Statesboro ITB 2024 STS-31: SIDEWALK REPAIRS”. All bid packages shall be submitted to the Attention of Director of Central Services, Darren Prather, 22 West Grady Street, Statesboro, Georgia, 30458, prior to the time established in the ITB. For additional information on the bid package, contact Darren at (912) 764-0642.

8) Bidders will be fully responsible for the delivery of their bids in a timely manner. Reliance upon a postal service shall be at the bidder’s risk. Late bids will not be considered.

9) PRICES, NEGOTIATIONS, AND MISTAKES. All prices and notations must be in ink. Mistakes may be crossed out and corrections typed or printed adjacent to the mistake and initialed in red ink by the person who signed the bid. Prices shall be stated in units and quotations made separately on each item. Mathematical calculations on all bid submittals will be checked by the City and any mistakes corrected. The City of Statesboro will not post the bid submittal results until after the mathematical verification process has been completed. In case of conflict, unit price will govern. Where there is conflict between words and figures, words will govern.

10) Upon approval of the bid by the City the Notice to Proceed shall be issued in a timely manner following the execution of the Contract Documents.

11) Failure to complete all work within the 150 consecutive calendar days of being given the Notice to Proceed as established in the Invitation to Bid and the Contract Documents, including extensions granted thereto, shall entitle the City of Statesboro to retain from compensation otherwise due to be paid to the Contractor, or otherwise recover by all remedies of law an amount equal to that listed in the Section 108.08 of Georgia Department of Transportation’s Standard Specifications 2021. It is agreed by and between the City of Statesboro and the Contractor that this sum has been established, not as a penalty, but as liquidated damages and that it is reasonable and acceptable, as the City provides services necessary for the health and welfare of the public and due to the impracticability and extreme difficulty of fixing and ascertaining the actual damages assessed for each consecutive calendar day of delay in the completion date.

12) All installed work shall be performed in accordance with the most recent GDOT Standards and Details.

13) All Materials intended for use on the project must be submitted to the City of Statesboro prior to installation.

14) The City of Statesboro reserves the right to reject any defective material on site. All materials shall be installed in accordance with the most recent GDOT standards.

15) The City of Statesboro reserves the right to add, modify, or delete quantities. Contractor will be paid for actual in place quantities completed and accepted for pay items listed in the scope of work schedule.

Contractor will not be entitled to an adjustment of unit price on an item which increased or decreased from the original plan quantity.

16) Contractors shall only bid on those items provided in the scope of work. No alternative material types submitted by the contractor will be considered during the bidding phase.

17) The Contractor is responsible for coordinating work with the City of Statesboro to ensure access to properties impacted by project activities are adequately maintained. The contractor will be responsible for any damage on these properties due to construction.

18) The contractor shall exercise caution, as to not damage any infrastructure, either private or public, not related to this project (i.e., overhead utilities, sidewalks, asphalt, mailboxes, landscaping, etc.) Repairs for all damages will be the responsibility of the contractor.

19) The quantities shown on the Bid Schedule and Bid Table are estimated for bidding purposes only.

Exact quantities are to be verified before ordering. Any overages will not be paid unless prior approval is obtained by the City Engineer or their representative.

20) The Contractor is responsible for visiting the site and verify the nature of required work including required quantities.

21) The City will pay the contractor upon receipt of a W-9 and an invoice properly filled out quantifying the installed work in the period requested for payment to the City of Statesboro Engineering Department. Contractor should include “ITB 2024 STS-31: SIDEWALK REPAIRS” on the invoice.

22) The construction site shall be cleaned from construction debris and equipment before a final walk through for acceptance can occur for release of retainage.

INFORMATION TO BIDDERS

Sealed bids must be sent to the City of Statesboro’s Purchasing Division until 3:00 PM, local time, on Tuesday, June 18, 2024. Bids will be publicly opened and read aloud immediately after bid closing time in the Municipal Courtroom located at 22 West Grady Street, Statesboro, Georgia 30458.

Each BID must be submitted in a sealed envelope, addressed to the City of Statesboro, Attention Darren Prather, 22 West Grady Street, Statesboro Georgia 30458. Each sealed envelope containing a BID must be plainly marked on the outside as BID for ITB 2024 STS-31: SIDEWALK REPAIRS. The envelope should bear on the outside the name of the BIDDER, address, license number if applicable, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to the Owner at City of Statesboro, Attention Darren Prather, 22 West Grady Street, Statesboro, Georgia 30458.

All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted. Only one copy of the BID form is required. If an item has no quantity, please provide a unit price for that item to be negotiated if it is needed.

The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof.

Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period the time may be extended by mutual agreement between the OWNER and the BIDDER.

Georgia Department of Transportation Standard Specifications for Construction of Transportation Systems, 2021 Edition, to include most recent revisions, are the governing standards for this project. All striping shall be in accordance with current MUTCD Standards.

BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID Schedule by examination of the site and a review of the drawings and specifications including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done.

The OWNER shall provide to BIDDERS prior to BIDDING, all information that is pertinent to, and delineates and describes, the land owned, and rights-of-way acquired or to be acquired.

The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT.

Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from fulfilling any of the conditions of the contract.

Attorneys-in-fact who sign BID BONDS or payment BONDS and performance BONDS must file with each BOND a certified and effective dated copy of their power of attorney.

The party to whom the contract is awarded will be required to execute the Agreement within ten

(10) Calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE

OF AWARD shall be accompanied by the necessary Agreement form. In case of failure of the BIDDER to execute the Agreement, the OWNER may at his option consider the BIDDER in default.

The OWNER within ten (10) days of receipt of acceptable Agreement signed by the party to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the OWNER not execute the Agreement within such period, the BIDDER may by WRITTEN NOTICE withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER.

The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within the ten

(10) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party.

The OWNER may make such investigations as he deems necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information and data for this purposed as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein.

A conditional or qualified BID will not be accepted. Award will be made to the most responsible BIDDER.

OWNER reserves the right to award project based on base bid only or any combination of alternates, if applicable, at their sole discretion.

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the contract throughout.

Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to his BID.

The low BIDDER shall supply the names and addresses of major material SUPPLIERS and SUBCONTRACTORS when requested to do so by the OWNER. All bidders must have a State of Georgia Contractors License.

TERMS & CONDITIONS

ATTORNEY FEES. In the event a suit or action is instituted in connection with any controversy arising out of this contract, the prevailing party shall be entitled to receive, in addition to its costs, such sum as the court may adjudge reasonable as to attorney’s fees and costs.

BIDDER AGREEMENT TO TERMS AND CONDITIONS. Submission of a signed bid will be interpreted to mean Bidder has agreed to all the terms and conditions set forth in the pages of this solicitation.

CANCELLATION OF CONTRACT. The City of Statesboro shall reserve the right to cancel this contract by giving (30) days written notice to the vendor. The City of Statesboro (COS) may cancel this contract with cause anytime by giving (10) days written notice to the supplier/contractor. Cancellation for cause shall be at the discretion of the City of Statesboro (COS) and shall include but not limited to: failure to supply materials or service specified within the time allowed or within the terms, conditions or provisions of this contract. The successful Bidder may not cancel this contract without prior written consent of the City of Statesboro (COS).

COMPLIANCE OR DEVIATION TO SPECIFICATIONS. Bidder hereby agrees that the material, equipment or services offered will meet all the requirements of the specifications in this solicitation unless deviations from them are clearly indicated in the Bidder’s response. Bidder may submit an attachment entitled “Exceptions to Specifications”, which must be signed by Bidder’s authorized representative. An explanation must be made for each item to which an exception is taken, giving in detail the extent of the exception and the reason for which it is taken. Bids failing to comply with this requirement will be considered non-responsive. Submittal of brochure or other manufacturer literature is desirable but shall not be an acceptable substitution for this requirement.

COMPLIANCE WITH LAWS. All bids shall comply with current federal, state, local and other laws relative thereto.

FORCE MAJEURE. If execution of this contract shall be delayed or suspended and if such failure arises out of causes beyond the control of and without fault or negligence of the Contractor, the Contractor shall notify the COS, in writing, within twenty-four (24) hours, after the delay. Such causes may include but are not limited to acts of God, war, acts of a public enemy, acts of any governmental entity in its sovereign or contractual capacity, fires, floods, epidemics, strikes and unusually severe weather.

FORMATION OF CONTRACT. Bidder’s signed bid and COS’s written acceptance shall constitute a binding contract.

LAWS GOVERNING CONTRACT. This contract shall be in accordance with the laws of the state of Georgia. The parties stipulate that this contract was entered into in the county of Bulloch, in state of Georgia. The parties further stipulate that the county of Bulloch, GA, is the only appropriate forum for any litigation resulting from a breach hereof or any questions risen here from.

NOMENCLATURES. The terms Successful Bidder, supplier, vendor, and contractor may be used interchangeably in this solicitation and shall refer exclusively to the person, company, or corporation with whom the COS enters into a contract as a result of this solicitation.

REJECTION OF BIDS. The COS reserves the right to reject any bids, all bids, or any part of a bid. The COS reserves the right to reject the bid of any Bidder who previously failed to perform adequately for the

COS or any other governmental agency. The COS expressly reserves the right to reject the bid of any Bidder who is in default on the payment of taxes, licenses, or other monies due the City of Statesboro

(COS).

SAFETY. All articles delivered under this contract must conform to the Safety Orders of the State of Georgia, Division of Industrial Safety.

SELL OR ASSIGN. The successful Bidder shall not have the right to sell, assign, or transfer, any rights or duties under this contract without the specific written consent of the COS.

SEVERABILITY. If any provisions, or portions of any provisions, of this contract are held invalid, illegal, or unenforceable, they shall be severed from the contract and the remaining provisions shall be valid and enforceable.

TAXES, FEDERAL EXCISE. The COS is exempt from Federal Excise Tax.

TAXES, SALES. (State) Sales Tax should be shown separately on the Bid Form, when and where indicated.

WAIVER OF INFORMALITIES. The COS reserves the right to waive informalities or technicalities in bids.

WARRANTY. The COS will require the successful BIDDER to provide a warranty on all installed WORK for a duration of 12 months from final acceptance. (Retainage has been paid).

SPECIAL PROVISIONS

FOR MATERIALS & EQUIPMENT

AUTHORIZED DISTRIBUTOR. Successful Bidder must be an authorized distributor for the product he offers, or with his bid he must submit documentation from an authorized distributor that he has purchased the specified product/equipment from that distributor and that the distributor will honor all of the manufacturer’s warranties.

BRAND NAMES. Manufacturer’s names, trade names, brand names, model and catalog numbers used in these specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Bids will be considered for alternative brands that meet or exceed the quality of the specifications listed for any item.

BRAND SUBSTITUTIONS. Bids will be considered for items complying substantially with specifications, provided deviations to the specifications are stated and items are described in detail. When offering alternate products, it is the responsibility of the bidder to indicate the brand names and model/catalog numbers, and to provide evidence of the equality of the items to the products specified in the solicitation. Standard catalog sheets or technical data will not be accepted in lieu of this requirement.

The City of Statesboro shall be the sole judge if equivalents are equal to the items specified. The City of Statesboro reserves the right to waive brand specific requirements.

COMPLIANCE WITH OSHA. Bidder agrees that all item(s) offered comply with all applicable Federal and the State Occupational Safety and Health Act, laws, standards and regulations, and that Bidder will indemnify and hold the COS harmless for any failure to so conform.

DELIVERY HOURS. See restrictions in the scope of proposal.

DELIVERY TIME. Please list when work can begin and a completion date.

DEMONSTRATION OF PRODUCT. A demonstration of the item(s) offered may be required. If the demonstration cannot not to be performed at a (Agency) facility, the demonstration must be performed within a 60-mile radius of the COS Purchasing Office. Bidders shall indicate on their bid the location of the demonstration site. Bids for item(s) that do not perform to the COS’s satisfaction during the demonstration will be declared non-responsive and will not be considered for award of bid.

F.O.B. POINT & SHIPPING CHARGES. All prices shall be quoted F.O.B. destination, City of Statesboro. All shipping and freight charges shall be shown separately on the bid form.

HOLD HARMLESS. Successful Bidder agrees to indemnify, defend, and hold harmless the City of Statesboro and all employees, insurance carriers connected with COS from all losses, claims, suits, demands, expenses, subrogation, attorneys’ fees, or actions of any kind in nature resulting from personal injury to any person (including bodily injury and death), or damage to any property, arising or alleged to have arisen out of Bidder’s negligent acts, errors, omissions, for provision of the products specified under the contract. The amount and type of insurance coverage requirements set forth herein, or lack thereof, will in no way be construed as limiting the scope of indemnity in this paragraph.

MANUFACTURER & MODEL NUMBER. On his Bid Form, Bidder must state the manufacturer name and model number of each item proposed.

NEW AND UNUSED. Unless specifically provided to the contrary, all materials and equipment shall be new and unused and of the current production year. Bids that are received for other than the current production year or for items and materials that have been previously used will be rejected.

SAMPLES. For evaluation purposes, samples may be requested from any Bidder. Samples shall be provided at no charge unless Bidder indicates on his bid the exact charge for samples. The COS reserves the right to consume samples for testing. The COS may retain sample until delivery and acceptance of contracted items and vendor shall remove samples at their expense at the request of COS.

TESTING. After delivery, random samples may be submitted to a commercial laboratory, or other inspection agency, for testing to determine if they conform to the specifications. In cases where tests indicate the samples do not meet specifications, the cost of the testing shall be borne by the contractor.

When tests indicate the materials do not meet specifications, the COS reserves the right to cancel the award and to purchase the goods in the open market at the expensed of the vendor.

Bidder further agrees, in addition to the terms and conditions specified herein the following terms and conditions that are a part of this bid and any resulting contract:

F.O.B. Point. All shipments shall be made F.O.B. destination, City of Statesboro, GA). F.O.B. destination indicates that the seller is responsible for shipment until it is tendered to the City of Statesboro, even if the COS agrees to pay for shipping and handling. The COS will allow freight charges, but only if they are indicated on this form. Freight shall be shown separately on the lines provided.

Award. Bid award will be based on the lowest responsible bid price including any transportation charges, as well as any other criteria indicated in these specifications.

Signatures. All information submitted by Bidder, including signatures, must be original. Copies will not be accepted.

Taxes. The COS is exempt from Federal Excise Tax. The COS is exempt from state sales tax in Georgia.

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFADAVIT AND

AGREEMENT

Effective July 1, 2007, the following language is required to be included in all contracts entered into by the City of Statesboro for the physical performance of services within this State of Georgia:

A. Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the Proposer understands and agrees that compliance with the requirements of O.C.G.A § 13-10-91 and Georgia Department of Labor Rule 300-10-.02 are conditions of this Agreement. The proposer further agrees that such compliance shall be attested by the Proposer through execution of the proposer affidavit required by Georgia Department of Labor Rule 300-10-1-.07, or a substantially similar proposer affidavit. The Proposer’s fully executed affidavit is attached hereto and is incorporated into this Agreement by reference herein.

B. By initialing in the appropriate line below, the Proposer certifies that the following employee-number category as identified in O.C.G.A § 13-10-91 is applicable to the Proposer.

1. ___________500 or more employees;

2. ___________100 or more employees;

3. ___________Fewer than 100 employees.

C. The Proposer understands and further agrees that, in the event the Proposer employs or contracts with any subcontractor in connection with this Agreement, the Proposer shall:

1. Secure from each such subcontractor an indication of the employee-number category as identified in O.C.G.A § 13-10-91 that is applicable to the subcontractor;

2. Secure from each subcontractor an attestation of the subcontractor’s compliance with O.C.G.A §

13-10-91 and Georgia Department of Labor Rule 300-10-1.02 by causing each such subcontractor to execute the subcontractor affidavit required by Georgia Department of Labor Rule 300-10-1- .08, or substantially similar subcontractor affidavit. The Proposer further understands and agrees that the Proposer shall require the executed subcontractor affidavit to become a part of the agreement between the Proposer and each such subcontractor. The proposer agrees to maintain records of each subcontractor attestation required hereunder for inspection by the City of Statesboro at any time.

Contractor: ________________________ EEV*UserID#: ________________________

Authorized Signature: _________________________ Date: ________________

Title: ______________________________

SUBSCRIBED AND SWORN TO ME THIS THE ____ DAY OF _____________, 20__.

___________________________ (Seal) Notary Public

My commission Expires: __________________

*As of the effective date of O.C.G.A § 13-10-91, the applicable federal work authorization program is the “EEV/Basic Pilot Program” operated by the U.S. Citizenship and Immigration Services Bureau of the U.S.

Department of Homeland Security, injunction with the Social Security Administration (SSA).

AFFIDAVIT VERIFYING STATUS

FOR CITY PUBLIC BENEFITS APPLICATION

By executing this affidavit under oath, as an applicant for the award of a contract with the City of Statesboro, Georgia, I ____________________ [Name of natural person applying on behalf of individual, business, corporation, partnership, or other private entity] am stating the following as required by O.C.G.A § 50-36-1:

1. ___ I am a United States citizen

OR

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

In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A § 16-10-20.

Signature of Applicant: ______________ Date: ____________

Printed Name: ______________

*Alien Registration Number for non-citizens: _____________________

SUBSCRIBED AND SWORN BEFORE ME THIS _____ DAY OF ___________, 20__

Notary Public

My commission Expires:

*Note: O.C.G.A § 50-36-1(e)(2) requires that aliens under the Federal Immigration and Nationality Act, Title 8 U.S.C as amended, provide their registration number. Because legal permanent residents are included in the federal definition of “alien”, legal permanent residents must also provide their alien registration number. Qualified aliens that do not have an alien registration number may supply another identifying number below.

CONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91(b)(1)

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

Federal Work Authorization User Identification Number: ________________________

Date of Authorization: _________________

Name of Contractor: __________________________________

Name of Project: ITB 2024 STS-31: SIDEWALK REPAIRS

Name of Public Employer: City of Statesboro

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

Executed on ______________________, 20__ in________________ (city), ___ (state).

Signature of Authorized Officer or Agent: _______________________________

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE___DAY OF__________, 20__.

Notary Public My Commission Expires: ___________________

BID FORM

Proposal of__________________________ (hereafter called “BIDDER”), organized and existing under the laws of the State of Georgia doing business as*_______________________________. To the City of Statesboro (hereinafter called

“OWNER”).

Incompliance with your Advertisement for Bids, BIDDER hereby proposes to perform all

WORK for the construction of City of Statesboro ITB 2024 STS-31: SIDEWALK REPAIRS in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor.

BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT within 150 consecutive calendar days thereafter.

BIDDER acknowledges receipt of the following ADDENDUM:

*Insert “a corporation”, “a partnership”, or “an individual” as applicable.

Bid- Table

City of Statesboro

STS-31 SIDEWALK REPAIRS

General Conditions

Pay Item # Item Description Qty. Unit Unit Price Total

1 Traffic Control 1 LS

2 Mobilization 1 LS

3 Grading Complete 1 LS

Erosion Control

Pay Item # Item Description Qty. Unit Unit Price Total

4 Temporary Grassing 0.10 Acre

5 Mulch 10 TN

6 Permanent Grassing 0.10 AC

Roadway & Drainage

Pay Item # Item Description Qty. Unit Unit Price Total

13 Class B Concrete Filler Strip 6" 0 SY

14 Concrete Sidewalk, 4 in Thk, 5’ wide. 260 SY

15 Handicap Ramps W/ Detectable Warning Surface 0 EA

16 24" Curb and Gutter 0 LF

Total Base Bid:

Minority Female Business Enterprise Program (MFBE) Participation Report

It is the intent of the City of Statesboro to encourage participation by minority and female owned business enterprises (MFBE) for all procurement processes. The construction phase of this project shall include a minimum 20% minority or female business enterprise participation of total cost. All submittals for this invitation to bid must include a statement acknowledging compliance with 20% MFBE requirement at time for submittal of sealed bids. Upon submittal of sealed bids pre-qualified contractors will be required to provide proof of MFBE certification if general /prime contractor is a certified MFBE or provide list of MFBE sub-contractors, identify percentage of participation by each sub-contractor and proof of minority or female business certification for proof of compliance with this section requirement.

MBE Total: % FBE Total: % Combined: %

The undersigned should enter into a formal agreement with MFBE Contractor identified herein for work listed in this schedule conditioned upon execution of contract with the City of Statesboro.

Signature Printed Name Date

Subscribed and sworn to, or affirmed, before me on this ________ day of __________________, 20_____.

Signature of Notary Public

My Commission Expires:

MFBE Firm Type of Work Contact Person City, State % MBE or FBE

MINORITY / FEMALE OWNED BUSINESS ENTERPRISE (MFBE) AFFADAVIT

Section 1: Business ID

I attest that I am a majority stake holder in a minority or female owned business enterprise:

_____ Yes _____No

Employer Identification # (EIN): _______________________ State of Corporation: ______

MFBE Ownership: ______Minority ______Female (check both if applicable)

MFBE Owned Certification #: ________________

Section 2: Business Information

Business Name: __________________ DBA Name: ________________________

Company Corporation Type: ________ Ownership Ethnicity: _________________

Company Ownership Gender: _______________

Section 3: Business Contact Information

Business Address: __________________ City: __________ State: _____Zip: _______

Business Phone #: _________________ Company Website: _____________________

Section 4: Business Principal Information

Principal Name: _____________________ Principal Title: ___________________

Principal Phone #: ____________________ Principal E-Mail: _____________________

Section 5: Project Participation Information

Project Name: _________________________ Project Participation by Business (%): ____

% Business Project Participation as: General Contractor: _____ Subcontractor: _______

Disclaimer and Signature I certify that my answers are true and complete to the best of my knowledge.

Signature:____________________ Printed Name: ________________ Date:____

Notary Signature: __________________ Seal: __________________ Date: _____

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, ________________________, (herein called the “Principal”), and ____________________________, as Surety, are held firmly bound to The City of Statesboro (herein called the “OWNER”) in the sum of:

______________________________________ DOLLARS ($____________________) lawful money of the United States of America, for the payment of which will and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assignees, jointly and severally, firmly by these presents, SIGNED, SEALED, AND DATED this ____ day of _______________, 20___.

The Condition of the above obligation is such that whereas the Principal has submitted to The City of

Statesboro a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the

NOW, THEREFORE,

a) If said BID shall be rejected, or

b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for their faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its

BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said SURETY does hereby waive notice of any such extensions.

(Principle) Secretary

Principal

(Witness as to Principal) (Address)

(Address)

(Address) (Address)

(Surety)

(Surety) Secretary

(Witness as to Surety) (Attorney-in-Fact)

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

ATTEST: _____________________________

_____________________________ BY: _____________________________

(SEAL)

ATTEST:

(SEAL)

IMPORTANT – Surety companies executing BONDS must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the states where the project is located.

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER/SUBCONTRACTOR

State of Georgia

___________________________, being the first duly sworn, deposes and says that:

He/she is of______________________________ (Owner, partner, etc.) (Company) the Bidder that has submitted the attached Bid;

1.He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

2.Such Bid is genuine and is not a collusive or sham Bid;

3.Neither the said Bidder nor any of its officers, partners, owners, subcontractors, agents, representatives, employees or parties in interest including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix price or prices in the attached Bid or of any other Bidder, or to fix overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement and advantage against City of Statesboro or any person interested in the proposed contract;

4.The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees or parties in interest including this affiant;

Signature: ______________________ Date: _____________________

Name: ________________________ Title: _____________________

Notary: _______________________

My Commission Expires:

CERTIFICATION REGARDING DEBARMENT SUSPENSION, AND OTHER RESPONSIBILITY

MATTERS - PRIMARY COVERED TRANSACTIONS

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit it an explanation of why it cannot provide the certification ser out below. The certification or explanation will be considered in connection with the department of agency’s determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation could disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available, the City may terminate this transaction for cause or default.

4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled ''Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction,'' provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non-procurement Programs.

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 49 CFR pan 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

CERTIFICATION

(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency;

b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

(3)

Organization Name: ___________________ Project Name: _______________________

Name & Title: ________________________ Signature: __________________________

BID CHECKLIST

Bid Project Number: ITB 2024 STS-31: Sidewalk Repairs Bid Title: City of Statesboro ITB 2024 STS-31: Sidewalk Repairs Bid Deadline: Tuesday, June 18, 2024 at 3:00 P. M.

Company Name: __________________________________________________

Contact Information: __________________________________________________

Email address: __________________________________________________

Signature of Authorized Representative: ___________________________________ Date: ____________

Number of Bid Addendums Received: _______

Checklist of item(s) needed to accompany bid forms:

1. ☐ Two (2) Copies of Bid Submissions 7. ☐ Minority Female Business Enterprise (MFBE) Grid Form

2. ☐ Georgia Security and Immigration Compliance Act

8. ☐ Minority Female Business Enterprise (MFBE) Affidavit

3. ☐ Affidavit Verifying Status for City Public Benefit Application

9. ☐ Bid Bond

4. ☐ Contractor Affidavit (E-Verify) 10. ☐ Non-Collusion Affidavit of Prime Bidder/Subcontractor

5. ☐ Bid Form 11. ☐ Certification Regarding Debarment Suspension, and other Responsibility Matters

6. ☐ Bid Table 12. ☐ Receipt of Addenda (if any)