Bid Ref. #22-072 Boring & Cond

INVITATION TO BID

•This is NOT an Order•

Central Services – Procurement 222 Pine Avenue – Suite 260 Albany, GA 31701

TAC DEPARTMENT

PHONE (229) 431-3211

FAX (229) 431-2184

SALES TAX #047-175701

FED. EXEMPTION #58-6000817

YVETTE FIELDS

Joshua Williams

YVETTE FIELDS, CENTRAL SERVICES DIRECTOR

Joshua Williams, Interim Procurement Manager

QUESTIONS SUBMITTED ↑ AFTER THIS DATE ↑ MAY NOT BE ANSWERED.

ALL QUESTIONS ARE TO BE SUBMITTED IN WRITTEN FORM TO: jswilliams@albanyga.gov;

cc: tewilliams@albanyga.gov

CONDITIONS and REQUIREMENTS

STATE BRAND & STOCK NUMBER BID

ATTACH MANUFACTURER SPECIFICATIONS

STATE DELIVERY TIME FOR EACH ITEM BID (ARO).

SAMPLE REQUIRED WITH BID

F.O.B. ALBANY, GA.- FREIGHT PREPAID & INCLUDED IN PRICE

THE CITY OF ALBANY IS SEEKING COMPETITIVE SEALED BIDS FOR A ONE-YEAR FIRM PRICE CONTRACT TO PROVIDE DIRECTIONAL BORING AND CONDUIT AS NEEDED FOR THE CITY OF ALBANY WITH TWO (2) OPTIONS TO RENEW FOR ADDITIONAL ONE -YEAR TERMS PER GA LAW 36-60-13 FOR MULTI-YEAR CONTRACTS. THIS WILL BE FOR CONDUIT INSTALLATION IN THE BYRON RIDGE SUBDIVISION.

QUANTITIES SHOWN ARE AN ESTIMATE AND SUBJECT TO CHANGE. DUE TO THE COVID-19 PANDEMIC, YOU MAY ALSO EMAIL YOUR BIDS TO: COABIDPROPOSALS@ALBANYGA.GOV. WE STRONGLY ENCOURAGE YOU TO STILL MAKE MAXIMUM EFFORT TO SUBMIT SEALED BIDS TO OUR OFFICE BY THE BID DEADLINE.

BIDDER INFORMATION

Must Be Signed By An Authorized Representative.

SIGNATURE

PURCHASING FORM#12 10/98 REV.

*INCLUDE EMAIL TO ENSURE RECEIPT OF COPY OF TABULATION SHEET.

**INCLUSION OF YOUR BUSINESS CARD IS APPRECIATED.

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 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 for bids.

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 properly considered.

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

SUBMIT WITH BID

CERTIFICATION OF NON-COLLUSION

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 action in restraint of free competitive bidding in connection with this bid.

DATE: _____________________

COMPANY NAME: __________________________________________

AUTHORIZED REPRESENTATIVE NAME: ________________________________________

TITLE: ________________________________________

SIGNATURE: ___________________________________

SUBMIT WITH BID

GOVERNING LAW AND VENUE

DATE: _____________________

COMPANY NAME: __________________________________________

AUTHORIZED REPRESENTATIVE NAME: ________________________________________

*COMPLETE AND SUBMIT*

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 third party 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 the product or services involved in the bid; provided this indemnity shall not extend to any damage, injury or loss due to ALBANY’s sole negligence or willful injury. ____________________ shall reimburse ALBANY for reasonable attorney fees and expenses of ALBANY in defending all such claims and shall also be responsible for payment of all judgements.

WITNESS THE HAND AND SEAL of the _______________ pursuant to proper corporate authority ____ day of _________, 2022.

[CORPORATE NAME]

By:

Title

Attest:

Title

[Affix Corporate Seal]

CONTRACT

Directional Boring and Conduit Bid Reference Number 22-072

THIS AGREEMENT, made as of the _______ day of_____________20____, by and between The City of Albany, Ga., (Party of First Part, hereinafter called the Owner) and _______________________________________, (Party of the Second Part, hereinafter called the Contractor).

WITNESSETH: That the said Contractor has agreed, and by these present does agree with the said Owner, for the consideration herein mentioned in his bid and under the penalty expressed in bid document, hereto attached, to furnish all equipment, tools, and materials, skill and labor of every description necessary to carry out and complete in good, firm, and substantial workmanlike manner, the specified work in strict conformity with the drawings and specifications hereinafter set forth which together with the foregoing bid made by the Contractor, the Notice to Contractors, Instructions to Bidders, General Conditions, Addenda, Special Provisions and this Agreement, shall all form essential parts of the Agreement. The work covered by this Agreement includes all work shown on drawings and specifications and listed in the attached bid.

The Owner shall pay, and the Contractor shall receive the Lump Sum stipulated in the Bid for City of Albany Directional Boring and Conduit Services as full compensation for everything furnished and done by the Contractor under this Contract. The full unit price sum of $__________ shall be paid in thirty (30) day increments in the manner and according to the terms specified in the Contract Documents, included in the Contractor's periodic estimate. If the Contractor shall not have submitted evidence satisfactory to the Owner that all payrolls, material bills, and other indebtedness connected with the work have been paid, the Owner may withhold, in addition to the retained percentages, such amount or amounts as may be necessary to pay just claims for labor, services rendered and materials in and about the work, and such amount or amounts withheld or retained may be applied by the Owner, to the payment of just claims.

Contractor is required to provide acceptable proof of insurance coverage. Acceptable proofs are a Certificate of Insurance with Additional Insured Endorsement (a Certificate of Insurance by itself is not acceptable) or Declaration Pages of the insurance policies listed which show the City of Albany as additional insured. The insurance company must be authorized to provide insurance in the State of Georgia. Required Insurance Policies and Endorsements are: Commercial General Liability of at least $1,000,000 for bodily injury and property damage with the City of Albany as additional insured, Automobile/Vehicle Liability of at least $500,000 each occurrence for bodily injury and property damage covering owned, non-owned, leased and hired autos/vehicles with the City of Albany as additional insured and Worker’s Compensation in the statutory limits of Georgia and Employers’ Liability with limits of liability of no less than $100,000 of each accident/disease. These policies must also contain a waiver of subrogation in favor of the City of Albany. All insurance policies must provide that the City of Albany will be notified within 30 days of any changes, restrictions and/or cancellation. If applicable, Professional Liability in addition to above requirements, of at least $500,000 each claim. Proof of insurance must be submitted to the Procurement Division and approved by Risk Management prior to performance of any work.

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.

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.

IN WITNESS WHEREOF the parties hereto have executed this Agreement in quadruplicate this ____ day of ________________, 20___.

(SEAL)

By: ____________________________

(Witness) (Witness)

*COMPLETE AND SUBMIT*

Advertisement Form

For All Firms Participating in the bid please answer questions 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_______

DATE: _____________________

COMPANY NAME: __________________________________________

AUTHORIZED REPRESENTATIVE NAME: ________________________________________

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT

Contractor’s Name:

Address:

Solicitation/Contract Number & Contract Name

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 Number Date of Authorization (EEV/E-Verify Company Identification Number)

Name of Contractor

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

Printed Name (of Authorized Officer or Agent of Contractor) 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: ______________ Approved 10/23/2020 Bid Ref. #22-072 Directional Boring & Conduit

Bid Ref. #22-072 Directional Boring & Conduit image1.jpeg