GEMA Generators RFP R_3 _ Final.pdf

ST. MARYS GA – HMGP 4400-0066 GENERATORS FOR CONTINUAL

CRITICAL SERVICES

SOLICITATION OF BIDS

for

City of St Marys, GA.

PUBLIC WORKS DEPARTMENT

Reference: HMGP 4400-0066

Generators for Continual Critical Services

INVITATION FOR BID

Bid Opening May 8, 2025, 2:00 PM EST

Last day to ask a question or request information regarding this project’s scope of work shall be April 23, 2025, 2:00 PM EST

The City of St. Marys, Georgia will accept proposals from firms wishing to provide professional services for HMGP 4400-0066, GENERATORS FOR CONTINUAL CRITICAL SERVICES as described below in the Scope of the Work.

Competitive sealed bids will be received at The City of St. Marys, 418 Osborne St. St. Marys, Ga. 31558 until, but no later than 2:00 PM EST on May 8, 2025, at which time said sealed bids will be publicly opened and vendor’s names and amounts bid will be read aloud. Bids received after the required time or in any other location other than the City of St. Marys will not be accepted. Neither faxed nor email submissions will be accepted.

Bids may be withdrawn by written request only if the request is received prior to the time and date set for the opening bids.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 No bid may be withdrawn for a period of ninety (90) days after the time and date of opening of bids.

One (1) original and two (2) copies of these bid documents must be submitted in a sealed envelope marked “ST. MARYS GA. HMGP 4400-0066 Generators for Continual Services”, The name of the company or firm submitting a bid must be clearly marked on the front of the package. The bid package must be clearly labeled with the following information:

St. Marys Ga. – HMGP 4400-0066 Generators for Continual Critical Services

Attn: Finance Department

City of St. Marys

418 Osborne Street

St. Marys, GA 31558

Summary of work to be done:

The City of St. Marys is seeking proposals from highly qualified vendors with experience in proving, installing, and certifying portable and fixed generators for continual critical services in the City of St. Marys, Camden County, Georgia. Vendor must have the capability and ability to properly install, test, and certify that the equipment will provide backup electrical service as needed in the event of a hurricane, tornado, and other natural or manmade disasters.

Services may include, but are not limited to, procurement, delivery, setup, connecting, testing, and certifying (8) portable generators to serve (16) lift stations, and (1) fixed generator that will serve the City of St. Marys Public Works Building. Generators are to be set up and/or installed ready to operate in case of power loss at these facilities. Full compliance with FEMA and

GEMA practices, standards, and protocols shall be required for this project. All necessary cabling, conduit, panels, switches, and appurtenances to complete the work as described shall be included in the requested bid pricing.

NOTE: This solicitation is not a request for Emergency Operation Services. This RFP is specifically for providing and installing generators and transfer switches for continual critical services. Vendor shall not include proposals for Emergency Operation Services.

The vendor must handle generator installation, start-up, and certification in accordance with all applicable regulations of the Federal Emergency Management Agency (FEMA), Federal

Highway Administration (FHWA), United States Army Corps of Engineers (USACE), Georgia

Emergency Management Agency (GEMA), Georgia Department of Transportation (GDOT), Georgia Environmental Protection Division (GEPD), and in conjunction with the City's needs and regulations.

Project will require coordination with Georgia Power Company for generator set up at Public

Works Building:

“Generator install application forms will need to be filled out by successful bidder and sent back to Georgia Power (GA Power) for review by their designated representative and reliability team to ensure it is an approved system, including the necessary transfer schemes to prevent back feed. Once approved, GA Power will meet on site with the successful bidder and go over where and how this equipment is to be installed and how transfer will be handled. Project could require the relocation of existing facilities to maintain clearance from gas meters, windows, and other equipment. Once coordination is complete with GA Power, they will coordinate a day to get the service dropped for the installation of the equipment. Once it’s signed off by the GA

Power inspector, GA Power will come back and re-energize the service. Generally, this is done in one day, but final coordination and schedule will be required by the successful bidder.

Note: Georgia Power Point of contact will be provided to the successful bidder once a contract is awarded by the City.

See Exhibit 2 for form and sample form

See Scope of Work section below for details and notes as well as drawings (Exhibit 1) for further reference.

Notes:

This Project is expected to commence no later than June 4, 2025, and shall be completed by

September 4, 2025.

Bidders shall have a minimum of 5 years of experience in related and similar project work.

Submit a copy of the Business License and proof of the company’s insurance for Electrical

Contracting Work in the State of Georgia. The successful bidder will be required to pull the necessary permits for the project from the City, however, there is not a charge by the city for the permits.

Some specialty contractors operating in the State of Georgia may not be required to carry a residential and/or general contractor license but will be required to comply with all applicable national, state, and local codes and ordinances related to the project work activities, equipment & materials.

The Contractor shall provide the necessary labor, construction equipment, fuel, materials, and any other items and/or appurtenances required for a successful and complete project. All Work shall conform to the Project SOW and Notes below, as well as applicable and previously referenced local, state and federal codes and regulations. GEMA requirements are included in this project work.

Contract time shall be 90 consecutive calendar days from the date of a Formal Notice to Proceed from the City of St. Marys.

Questions regarding this project may be directed in writing to the City of St. Marys Public

Works Director, Bobby Marr, at 418 Osborne Street, St. Marys, Georgia, 31558 or email at bmarr@stmarysga.gov. Please keep all questions in a written or electronic format.

Copies of the project RFP, Attachments, Exhibits, and Notes may be obtained from Sarah Lee in the City of St. Marys Finance Department located at 418 Osborne Street, St. Marys, Georgia, 31558. Copies may also be requested via phone at 912-510-4045 or email at slee@stmarysga.gov. A street address, contact person, phone and fax number must be provided to ensure prompt delivery and notification of addenda.

All required Contract Documents, Payment Bond, Performance Bond, and proof of meeting the

City’s Insurance Requirements must be fully completed and executed by the Contractor and his/her Surety and submitted to the Owner on or before the issuance of Notice to Proceed.

No contract with the City of St. Marys, Georgia for work to be done shall be valid for any purpose unless the Contractor shall give a Bid Bond with good and sufficient surety payable to, in favor of, and for the protection of the City of St. Marys, Georgia. The Bid Bond shall be in mailto:bmarr@stmarysga.gov mailto:slee@stmarysga.gov the amount of not less than 5% of the total amount payable by the terms of the Contract. No bid shall be read aloud or considered if a proper Bid Bond has not been Submitted.

The City of St. Marys will select the bid that, in its sole discretion, is the most responsive and responsible to the City. The City is not liable for any cost incurred by vendors in the preparation of this bid.

A cone of silence shall be in effect from the time of the solicitation advertisement until the project is awarded and the selected contractor is engaged in a contract with the City.

Unauthorized contact regarding this invitation to bid with staff or elected officials during this timeframe will result in disqualification. Any oral communications will be considered unofficial and non-binding on the City of St. Marys. Vendors should rely only on written question responses and written statements from the city.

The City of St. Marys, in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C.

2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, handicap/disabled in consideration for an award.

The Owner reserves the right to reject any or all bids, to waive informalities and to re-advertise, pursuant to federal and state law.

INSTRUCTIONS TO BIDDERS

A. PURPOSE

1) The purpose of this Invitation for Bids is the procurement of a qualified Contractor to furnish and provide all equipment, materials, labor, and services necessary for this project.

2) The scope of work is defined below.

EXPLANATION TO BIDDERS:

Any explanation regarding the meaning or interpretation of the contract, project manual, specifications, or any other contract documents must be requested in writing. No request for additional information will be allowed after the last day for questions (April 23, 2025).

Any such explanations or interpretations in response to the written request shall be made in the form of addenda to the documents and shall be furnished to all bidders, who shall acknowledge receipt of all addenda with their bid. Oral explanations and interpretations made prior to the bid opening shall not be binding.

B. BIDDERS' UNDERSTANDING:

Please provide any and all questions and/or request for information regarding this work in writing to the City on or before the requested RFI date listed above.

C. INVITATION TO BID REQUIREMENTS:

1) Security, equal to 5% of the amount the bid, shall be submitted with the Bid in the form of either a certified check, cashier's check, or bid bond. Bid bonds shall be issued from a company licensed to do business in Georgia and shall be signed or counter signed by a Georgia resident agent and shall have a proper Power of

Attorney evidencing the authority of the individual signing the bond. Security deposited by unsuccessful bidders will be returned as soon as practical after the bid opening.

2) The Contractor must submit with his bid the completed and executed “Immigration and Security Form” and the “Affidavit Verifying Status for City Public Benefit

Application”. (Forms included in the Bid Package).

D. PREPARATION OF BIDS:

1) Bids shall be submitted on the forms provided herein. These forms must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialized by the person signing the bid.

2) Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the Bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the Bid at election of the City of

St. Marys.

3) Alternative bids will not be considered unless specifically requested and listed in bid documents.

4) Bidders are advised that the City of St. Marys is intent on completing the construction of this project in a timely and orderly manner to minimize inconvenience to the public and to reduce the cost to the City for inspection and administrative expense. The provisions pertaining to the completion of the work and liquidated damages will be strictly enforced.

5) Bidders may request a site visit to the various project sites by contacting the City of

St Marys Public Works Director. The City encourages all bidders to perform site visits prior to final bid preparation.

E. BIDS:

1) Bids containing reservations, conditions, omissions, unexplained erasures or alterations, items not required in the Bid, or irregularities of any kind, may be rejected by the City of St. Marys as being incomplete, nonresponsive and not qualified for consideration.

2) Each Bid shall indicate the full business name and address of the Bidder and shall be signed by him with the usual signature. It shall also set forth the type of business organization, i.e., corporation, partnership, individual owner.

3) A Bid submitted by a partnership shall list the names of all partners and shall be signed in the partnership name by one of the members of the partnership. If there is no partner who is a Georgia resident, the name and address of an entity designated to receive service of process for the partnership in Georgia must be provided.

4) A Bid submitted by a Corporation shall be signed by the legal name of the

Corporation, followed by the state of incorporation and the title designation of the

Corporation in legal matters. The name of each person signing the Bid shall be typed or printed below the signature. If not a Georgia Corporation, there must also be evidence that the corporation is licensed to do business in Georgia.

F. QUANTITIES OF BID ITEMS.

1) The quantities used on the Bid Form were calculated using best available drawings and field visit data. The contractor SHALL be required to work up to the listed quantities for construction and payment purposes unless an error in the calculations can be proven by the contractor.

G. INTERPRETATIONS:

1) Each Bidder(s) shall carefully examine the Contract Documents and all addenda or other revisions and thoroughly familiarize himself with the detailed requirements prior to submitting a Bid. Should a Bidder find discrepancies or ambiguities in, or omissions from Invitation to Bid Documents, or should he be in doubt as to their meaning, he/she shall at once, and, in any event not later than four (4) working days prior to the bid due date, notify the City of St. Marys who will send written addenda to all proposers. The City of St. Marys will not be responsible for any oral instructions. All addenda sent to bidders will become a part of the Contract

Documents. No allowance will be made after Bids are received for oversight by

Bidder.

2) Where a discrepancy occurs between the prices quoted in words and/or numbers, the lowest figure quoted shall take precedence and govern in determining final costs or award of contract.

3) In case of error in the extension of prices, the unit prices shall govern.

H. RECEIPT OF BIDS:

1) Bids must be submitted as directed in the Invitation to Bid.

2) Bids shall be submitted prior to the time fixed in the Invitation to Bid. Bids received after the time so indicated shall be returned unopened.

I. WITHDRAWAL OF BIDS:

Bids may be withdrawn at any time prior to opening upon written or telegraphic request of the Proposer. Negligence on the part of the Bidder in the preparation of its bid shall not be grounds for modification or withdrawal of a bid after the time set for Bid opening.

J. PRESENCE OF BIDDERS AT OPENINGS:

At the time and place fixed for opening the bids, the total bid amount of all bids will be made public for the information of all bidders and other interested parties, who may be present in person or by a representative.

K. ONE BID RECEIVED:

In the event only one Bid is received, the City of St. Marys will reserve the right to accept the Bid or to re-advertise and re-bid the project.

L. AWARD OF CONTRACT:

1) The City of St. Marys reserves the right to accept or reject any and/or all bids received, to waive irregularities and informalities in this Invitation to Bid, and to make award in any manner deemed in the best interest of the City of St. Marys and to re-advertise pursuant to federal and state law.

2) Any Bidder that contacts elected officials or staff directly or indirectly for the purpose of influencing the selection process prior to a contract award shall be immediately disqualified and removed from consideration.

3) The contract award is determined by the Mayor and Council at their regularly scheduled Council Meeting. Staff will make a recommendation for an award and present the bid results. The council makes the final decision. Vendors should not rely on verbal suggestions from staff as to who will be awarded.

M. CONTRACT, BONDS, AND INSURANCE:

1) The bidder to whom award is made shall enter into a written contract with the City of St. Marys within the time specified in the Bid Documents.

2) No contract with the City of St. Marys, Georgia for work to be done shall be valid for any purpose unless the Contractor shall give a Performance Bond with good and sufficient surety payable to, in favor of and for the protection of the City of St. Marys, Georgia. Sample Performance Bond is included in this packaged.

Performance Bond Requirements

The Performance Bond shall be in the amount of at least the total amount payable by the terms of the Contract.

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 State of Georgia.

Attestation for the corporation must be by the corporate officer; for a partnership by another partner; for an individual by a notary with the corporate seal.

3) No contract with the City of St. Marys, Georgia for work to be done shall be valid for any purpose unless the Contractor shall give a Payment Bond with good and sufficient surety payable to the City of St. Marys, Georgia for the use and protection of all sub-contractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the Contract. Sample

Payment Bond is included in this package.

Payment Bond Requirements

The Payment Bond shall be in the amount of at least the total amount payable by the terms of the Contract.

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 State of Georgia.

Attestation for the corporation must be by the corporate officer; for a partnership by another partner; for an individual by a notary with the corporate seal.

4) The Contractor shall secure and maintain such insurance policies as required listing the City of St. Marys as additional insured.

Insurance Requirements

The successful Respondent shall have and maintain in full force and effect for the duration of this agreement, insurance protecting against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the

City’s Attorney to form and content.

Minimum Limits of Insurance

Contractor shall maintain insurance policies with coverage and limits no less than:

i. Commercial General Liability of $1,000,000 (one million dollars) per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom.

ii. Commercial Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom.

iii. Workers’ Compensation limits as required by the State of

Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident or disease.

Self-Insured Retentions

Any self-insured retentions must be declared to and approved by the City so that the City may ensure the financial solvency of the Contractor. Insurance is to be placed with insurers with an A. M. Best rating of no less than A-VII.

Contractor shall furnish the City with certificates of insurance prior to the start of work.

5) CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the City of St.

Marys. The contract will be required to notify the City within 48 hours of any discovered changes of conditions that may result in a change to scope, cost or schedule impact.

N. HOLD-HARMLESS AND INDEMNIFICATION CLAUSE

The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this agreement. The Contractor shall bear all losses and damages directly and indirectly resulting to it on account of the performance or character of the work rendered pursuant to this agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers, agents, Owner’s lender, Architect and Architect’s consultants, agents, and employees (hereinafter referred to as the “Owner Parties”) from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney’s fees and costs of defense (hereinafter “Liabilities”) which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include liabilities caused by or resulting from the sole negligence of the Owner or Owner Parties.

Such obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the Owner or Owner Parties by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Owner and

Owner Parties shall survive expiration or termination of this Agreement provided that the claims are based upon or arise out of actions that occurred during the performance of this agreement.

O. POWER OF ATTORNEY:

A Power of Attorney, or other satisfactory evidence of the authority of the officer signing on behalf of the Corporation, shall be furnished for the City of St. Marys’ records.

P. LOCAL VENDOR PREFERENCE:

Local Vendor means a bidder or offeror which operates and maintains a brick and mortar business, i.e. a physical business address, within the city limits of the City of St. Marys, has a current business license, has paid in full all real and personal taxes owed the City, and is considered a vendor in good standing with the City and has or can obtain an active vendor status.

A local vendor may receive an opportunity to match for purchases, bids, proposal or contracts over $1,000 and less than $50,000. The local vendor may be given an opportunity to match the lowest price proposal, if the quotation or bid of the local vendor is within 5% of the lowest price proposal by a non-local vendor. In the event a local vendor matches the lowest price proposal, including all other terms, quality, services and conditions, then the local vendor shall be awarded the contract.

In the event the price proposal of more than one local vendor is within 5% of the lowest overall price proposal of a non-local vendor, the local vendor with the lowest proposal will be given the first opportunity to match the lowest overall price proposal. If this local vendor declines to match the price proposal, then the local vendor with the next lowest bid within 5% will be given the opportunity to match the lowest proposal. This process will continue with all local vendors having proposal within 5% of the lowest overall bid by a non-local vendor.

Exemptions. This provision does not apply to public works construction projects or road projects pursuant to the laws of the State of Georgia (O.C.G.A §36-91 or §32-4).

DETAILED SCOPE OF WORK

The City of ST. MARYS HMGP 4400-0066, GENERATORS FOR CONTINUAL CRITICAL SERVICES (hereinafter referred to as the “Generators for Continuing Services”) is seeking proposals from qualified licensed vendors for (8) portable generators, (16) manual transfer switches, (1) automatic transfer switch, (1) fixed generator, and necessary appurtenances to be able to use the generators to power (16) lift stations and the public works building in case of city power loss.

The scope of work includes the acquisition, installation, connection, testing, and start-up of the new generators, transfer switches, and related appurtenances to ensure functionality of equipment and facilities to be powered by the generators. Please review drawings for details. Full compliance with FEMA and GEMA practices will be needed for this project.

List of equipment to be provided & installed (see Exhibit 1 for more details):

• Public Works Building, Pt. Peters R – 250kw fixed generator and automatic transfer switch

• Trailer-mounted 48kw generator for two manual transfer switches - Lift Station #11-A

(West Alexander St) and Lift Station #23 (1200 Shawdowlawn Drive)

• Trailer-mounted 100kw generator for two manual transfer switches - Lift Station #11-B

(West Alexander St) and Lift Station #1-B (East Weed St)

• Trailer-mounted 48kw generator for two manual transfer switches - Lift Station #42

(Dark Entry Creek) and Lift Station #35 (1900 Shadowlawn Drive)

• Trailer-mounted 100kw generator for two manual transfer switches - Lift Station #4

(Borrell Blvd) and Lift Station #15 (Colerain Rd at Sugar Mill)

• Trailer-mounted 48kw generator for two manual transfer switches - Lift Station #53 (St.

Mary’s Rd.) and Lift Station #48 (Haddock Rd)

• Trailer-mounted 100kw generator for two manual transfer switches - Lift Station #6

(Osborne Street) and Lift Station #13 (Douglas Dr.)

• Trailer-mounted 48kw generator for two manual transfer switches - Lift Station # 9 (Pt.

Peter @ Ball Field) and Lift Station #31(New Point Peter Rd)

• Trailer-mounted 100kw generator for two manual transfer switches - Lift Station

#18(Colerain @ Kings Bay Rd.) and Lift Station #65 (Winding Rd. @ Bridgewater Dr.)

• Install electrical equipment to existing electrical & provide all new wiring per equipment manufacturer requirements and/or existing site conditions.

The selected contractor shall provide all labor, parts, materials and construction/installation activities required to provide a complete project, based upon the work requested in this RFP.

The contractor shall include all electrical & generator equipment-related activities in their proposal to connect the lift stations and public works building to the generators, perform the work, and perform testing and start up activities to get lift stations and buildings ready in case of power loss.

The contractor shall provide voltage tests on all the generators installed as part of this project.

The contractor shall coordinate with City Staff regarding existing equipment/parts/fittings that the city wants to keep. The city will provide pick up, delivery and storage for any items they want to keep.

The Contractor shall coordinate fixed generator hook up with Georgia Power (see exhibit 2).

Any damage to existing pipes, other existing utilities and/or existing site features shall be repaired at the cost of the contractor.

Close coordination with the City’s Public Works Department is required for any planned power outages.

Contract time shall be 90 consecutive calendar days from the date of a Formal Notice to Proceed from the City of St. Marys.

GENERAL REQUIREMENTS AND SPECIFICATIONS

1) It is the responsibility of the contractor to locate existing utility service lines and follow

GA Call 811 for existing utility notifications and locate activities.

2) The work shall be executed in the best and most workmanlike manner by qualified and efficient workers, in strict conformity with the best standard practice.

3) All work is to comply with current FEMA & State of Georgia requirements for GEMA

Grant Funding.

4) The Contractor shall take precautions to protect all existing site features, utilities & appurtenances. Buildings & structures & other items within the site location. Any damaged items shall be replaced by the Contractor at no cost to the Owner.

5) The sites shall be kept free of waste and debris as the work progresses. The contractor shall be responsible for the proper disposal of all waste generated from this project.

6) The Contractor shall keep work sites in neat and orderly manner and provide daily clean up.

7) This project is required to meet all applicable FEMA requirements including applicable documentation, certifications, and reporting requirements. The following

Federal Requirements apply to this project:

• SERP

• Davis Bacon Wage Requirements (including reporting)

• American Iron & Steel (AIS)

• Build America Buy American (BABA)

• BIL Signage

Review details related to the above federal requirements at GEFA’s Website and

Webinar materials prior to submitting final bid to city.

CITY OF ST MARYS

418 OSBORNE STREET

ST MARYS, GA 31558

DATE SUBMITTED: __________________________________

Gentlemen:

Having carefully examined the Plans, Specifications, and other Contract Documents relating to the ST.

MARYS GA – HMGP 4400-0066 GENERATORS FOR CONTINUAL CRITICAL SERVICES

and Addendum No.(s) ________, and also having carefully inspected the premises and the conditions affecting the work, the undersigned hereby proposes and agrees to furnish all materials, labor, skill, equipment, tools, and other things of every kind and description specified, needed or used for the complete execution of all work covered by and in conformity with the afore said Plans, Specifications, and other Contract Documents , and all Amendments and Addenda thereto, for the sums hereinafter stated.

The undersigned agrees to provide all labor, materials, and equipment necessary to perform the work described in the plans, specifications, addenda, etc., all of which comprise the project manual, in accordance with the following bid schedule on the following pages:

Use attached Bid Sheet for line-item Bid Submittal.

Total Construction Lump Sum Bid: $

The undersigned agrees that this Bid may not be revoked or withdrawn after the time is set for the opening of bids but shall remain open for acceptance for a period of ninety (90) calendar days following such time.

In case the bidder is given in writing by mail, telegraph, email or delivery the Notice of Acceptance of the

Bid Proposal within ninety (90) days after the time for the opening of bids, the undersigned agrees to execute within ten (10) calendar days a Contract, (Form of Agreement between Contractor and Owner) for the work for the above-stated compensation and at the same time furnish and deliver to the Owner

Certificate of Insurance, Performance Bond, Payment Bond, and Contractor Certification forms in accordance with the instruction bound in the Project Contract and Technical Specifications.

The undersigned agrees to commence actual physical work on the site with an adequate force and equipment within ten (10) calendar days from the date to be specified in the Notice to Proceed from the

Owner and to complete the construction within 90 consecutive calendar days after Notice to Proceed. It is also agreed that 0 days are included in the specified contract time for adverse weather days as per Article of the Agreement.

The undersigned agrees that this Bid may not be revoked or withdrawn after the time is set for the opening of bids but shall remain open for acceptance for a period of ninety (90) calendar days following such time.

I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards.

I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq., have not been violated and will not be violated in any respect.

This Bid Proposal is respectfully submitted by:

Bidder (Print Name)

Signature (Owner, Partner or Corp. Officer)

Address

Title Telephone Number

If Corporation, affix seal here (SEAL)

STATE OF GEORGIA

COUNTY OF CAMDEN

CONSTRUCTION CONTRACT

This CONTRACT made and entered into this day of , 2025, by and between the CITY

OF ST. MARYS, GEORGIA, a municipal corporation, hereinafter "Owner", and hereinafter "Contractor", WITNESSETH

That for and in consideration of the mutual covenants, obligations, and agreements contained herein, the sufficiency of which such consideration the parties hereby acknowledge by their execution hereof, it is hereby agreed as follows:

Contractor agrees to provide all labor and materials to construct in a good, workmanlike and substantial manner the

ST. MARYS GA – HMGP 4400-0066 GENERATORS FOR CONTINUAL CRITICAL SERVICES, hereinafter called the

"Project".

The work to be done under this Contract shall include all labor, materials, and equipment necessary to provide for the successful completion of the project as outlined in the Invitation for Bids.

The Work, more particularly, shall consist of:

The contractor is to provide:

• (8) Trailer-mounted generators as described

• (1) fixed generator,

• All necessary Transfer Switches (manual and automatic)

• All necessary cabling, conduits, and appurtenances

• Connecting, testing, and certifying the generators

• Concrete Pads

• Coordination with local utility service providers

• Utility reconnects, feeds, and extensions as needed

• Meter relocates where needed

In addition, the work required includes:

• The Contractor shall be responsible for any and all traffic control required.

• The Contractor to provide all necessary materials, equipment, and supplies as may be needed to complete the project.

• The work shall be executed in the best and most workmanlike manner by qualified and efficient workers, in strict conformity with the best standard practice.

Contractor hereby acknowledges and admits that the description of materials, specifications, plans, and drawings are sufficient for their intended use and purpose, and that work can be fully and successfully executed in accordance therewith, without any additional or extra work other than such as is necessarily implied therein, or to be inferred therefrom, upon a fair and liberal construction.

The Owner, without invalidating this Contract, may order extra work, or make changes in writing by altering, adding to or deducting from the work; the Contract sum being adjusted accordingly in one or more of the following ways as agreed upon by the parties hereto in writing before such work is begun:

(a) By estimate and acceptance in a lump sum; or

(b) By unit prices agreed upon; or

(c) By cost and percentage; or

(d) By cost and a fixed fee.

All provisions of this Contract shall apply to any changes, omissions, or extra work in a like manner and to the same extent as to work contracted for, and no changes, omissions or extra work shall annul or invalidate this Contract.

The unit price set forth on the Bid Schedule shall be the basis for the contract price. Payment at the unit price will be based on actual measured quantities in the Work, except where the unit is a lump sum, in which case payment will be based upon the lump sum price as stated.

The Owner shall pay the Contractor for the performance called for in this Contract, subject to additions and deductions as agreed upon in writing by the parties, the Not to Exceed Amount of which is to be paid as follows:

a) The Owner shall make partial payments monthly to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month, less 10% retainage, which is to be retained by the Owner until such time that all work has been completed and accepted by the

Owner.

The Contractor shall maintain such insurance as will protect him from claims under the Worker's

Compensation Act, and protect him and the Owner from claims for damages because of death, bodily injury or property damage which may arise from and during the operations under this Contract and shall furnish Owner evidence of such insurance.

The Project or work to be performed under this Contract shall be commenced on or before the ____ day of

_____________, 2025, and contract time for installation of the project shall be 90 consecutive calendar days from the date of the Notice to Proceed which is the of , 2025. Owner is authorized to deduct out of payment which may be due or become due to Contractor as damages for non-completion of work within the time stipulated for its completion, or within such extensions of the completion time granted by Owner in writing, the sum of $200 per day for each and every day beyond the stipulated date of completion and in view of the difficulties of estimating delay damages, the Contractor hereby agrees to the said amount as the liquidated damages that Owner will suffer by reason of such default by Contractor in timely performance and not by way of penalty. The parties agree that the owner would be damaged in ways difficult to calculate as a result of contractor's failure to complete the project on time. The parties further agree that the liquidated damages set forth herein accurately reflect those damages and are not imposed as a penalty.

Contractor hereby assumes and shall take all responsibility for the work or Project, shall bear all losses resulting to him on account of the amount or character of the work, or from any unforeseen obstructions or difficulties which may be encountered, or because of site conditions or nature of the land and site in or upon which the work is to be performed is different from what was assumed or expected or on account of the weather, floods, windstorm or other causes.

If at any time there shall be evidence of any lien or claim for which, if established, the Owner may become liable and which is chargeable to Contractor, Owner shall have the right to retain out of any payment then due, or thereafter to become due, an amount sufficient to completely indemnify Owner against such lien or claim. After all payments are made, Contractor shall refund to owner any and all monies that Owner may be compelled to pay in discharging any lien or any such claim(s) made obligatory in consequence of Contractor's default.

No payment by Owner made under this Contract, shall be construed as an acceptance of defective work or improper materials.

Contractor shall indemnify and save harmless the Owner from all claims, demands, causes of action or suits of whatever nature arising out of the work to be performed by Contractor and its subcontractors under this Contract.

Contractor by his execution hereof hereby acknowledges and agrees that it has examined the drawings, plans, specifications, list of materials and Owner's Public Works Manual and Specifications, as amended, and has examined the Project or work site so as to be thoroughly familiar with all requirements of the Project or work to be performed.

If Contractor neglects to do work properly or fails to perform any provision of this Contract, including completing the Project within the specified time, or if Contractor fails to continue and prosecute its work for a period of 14 days, Owner after 5 days written notice to Contractor, may make good the deficiency and deduct the cost thereof from any remaining payment or payments due the Contractor, without prejudice to any other remedy Owner has, or

Owner at its option may terminate the Contract and hold Contractor liable for payments made to that time, take possession of all materials, and finish the Project and work by such means as Owner may see fit, and if the unpaid balance of the Contract price exceeds the expense of completing the Project, such excess shall be adjusted between

Owner and Contractor but, if such expense exceeds the unpaid balance due to Contractor, Contractor shall be liable for the difference to the Owner.

In the event Contractor becomes bankrupt, or makes an assignment for the benefit of creditors, Owner shall have the right to terminate and cancel this Contract.

The Contractor agrees not to assign this Contract or any amount payable hereunder or to sublet the whole or substantially the whole of this Contract, except with prior written consent of the Owner. The Contractor also agrees upon request to disclose to the Owner the names of all persons with whom he has contracted or intends to contract or hereafter contracts, with respect to work or materials to be furnished in connection herewith. The Contractor shall keep the premises free from accumulation of waste materials and rubbish and at the completion of the work he shall remove from the premises all rubbish, implements and surplus materials.

This Contract contains the entire agreement between the parties and there are no collateral oral agreements or understandings. The parties hereby expressly acknowledge that they are not relying upon any representation or promise of the other, or of their respective agents or employees, except as may be expressly set forth herein. No subsequent agreement shall be effective to change, modify or terminate this Contract in whole or in part unless such is in writing and duly signed by the party against whom enforcement of such change, modification or termination is sought.

No delay or failure by a party to exercise any right under this Contract, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein.

This Contract shall be interpreted and construed in accordance with and governed by the laws of the State of

Georgia.

The terms, provisions, obligations and covenants contained in this Contract shall apply to inure to the benefits of and be binding upon the parties hereto and their respective heirs, assigns, successors in interest, and legal representatives.

Any notice or other document to be provided shall be sufficiently given, provided or served hereunder to or on either party if sent by registered mail addressed as follows:

To Owner, at: 418 Osborne Street, St. Marys, Georgia 31558.

To the Contractor at:

This Contract may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Contractor shall deliver to Owner, prior to commencement of work on the Project, an affidavit in compliance with O.C.G.A. § 13-10-91. Said affidavit will be attached to and included as part of this Contract. As a further condition of this Construction Contract, Contractor shall provide Owner with notice of the identity of any and all subcontractors hired or contracted with by contractor or any of its subcontractors to do work on this Project. The notice will include an affidavit from each subcontractor in compliance with O.C.G.A. § 13-10-91 and shall include the subcontractor's name, address, user identification number and date of subcontractor's authorization to use the federal work authorization program.

NONDISCRIMINATION

The Contractor warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, physical handicap, sex, age, or national origin.

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor"), agree as follows:

1. Compliance with Regulations

The Contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the City of St. Marys (hereinafter referred to as City), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination

The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment

In all solicitations either, by competitive bidding or negotiations made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin.

4. Information and Reports

The Contractor shall provide all information and reports required by the regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with such

Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the

City, as appropriate, and shall set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance

In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the

City shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to:

a. Withholding of payments to the Contractor under the contract until the Contractor complies; and/or

b. Cancellation, termination, or suspension of the contract, in whole or in part.

6. Incorporation of Provisions

The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontractor or procurement as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the City enter into such litigation to protect the interests of the state and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

SPECIAL CONDITIONS OF THE CONTRACT

The Special Conditions of the Contract are meant to be viewed as a compliment to the above typical City of

St Marys, GA. Contract. Should any discrepancy or ambiguity be noted, the Special Conditions below shall apply:

The terms, “Owner” and “City” shall be construed to mean The City of St. Marys. “Program

Manager/Management (PM)” and “Owner’s Representative”, shall be construed to mean Volkert, Inc.

Where General Conditions refer to owner; it shall be recognized to also include Owner’s Representative and/or Program Manager (PM) as per the owner/owner representative contract.

1. INTENT OF RFP and ASSOCIATED RFP EXHIBITS and RFP NOTES

A. Clarification of any conflict in or between RFP Documents shall be made only by written

Addenda during the bid period and sent to all prospective Bidders. The Program Manager shall not be responsible for verbal answers regarding intent or meaning of the RFP Documents, or for any verbal instructions, by whomsoever made, prior to the award of a Contract.

2. SHOP DRAWINGS AND SUBMITTALS

A. All shop drawings and/or submittals shall be dated and numbered sequentially. A re-submittal shall be designated by adding an “R” to the original submittal number. Subsequent resubmittals shall also include the revision number (example: R2, R3, etc.)

B. Shop drawings and/or submittals not approved and stamped by the General Contractor shall be returned to the Contractor.

C. The Contractor shall email Copies of all Material Approval Submittals & Shop Drawings to the

Program Manager.

D. All shop drawings and/or submittals shall be submitted sufficiently in advance of construction requirements to allow checking, correcting, resubmitting, and rechecking. (A minimum of 2 weeks is requested)

E. Submittals marked “Approved As Noted” or “Approved as Corrected”, need not be resubmitted.

F. Submittals marked “Rejected” or “Revise and Resubmit” by the PM shall be resubmitted once corrections are…