Invitation to Bid - Pavement

SOLICITATION OF BIDS

FOR

THE CITY OF ST MARYS

2022 CITYWIDE

PAVEMENT EVALUATION

PROJECT

CITY OF ST. MARYS

PAVEMENT EVALUATION STUDY

INVITATION TO BID

PAVEMENT EVALUATION STUDY

DUE DATE – MARCH 1, 2022; 2:00 PM EST.

THE CITY OF ST. MARYS, GA PUBLIC WORKS DEPARTMENT is soliciting bids for the CITY OF ST.

MARYS PAVEMENT EVALUATION STUDY from qualified consultant to collect pavement condition survey and evaluation services of city streets which consist of approximately 116 centerline miles 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 March 1, 2022, at 2:00 p.m. (EST) at which time said sealed bids will be publicly opened and vendor’s names and amounts of the 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Bids may be withdrawn by written request only if the request is received prior to the time and date set for the opening bids.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 No bid may be withdrawn for a period of ninety (90) days after the time and date of opening of bids.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 “PAVEMENT EVALUATION STUDY”. 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:

Pavement Evaluation Study Attn: Finance Department City of St. Marys 418 Osborne Street St. Marys, GA 31558

Scope of Work to be done:

Perform an inventory and pavement condition rating survey and evaluation for the City of St. Marys. The streets to be surveyed are public streets and roadways owned and maintained by the City of St. Marys.

The Contractor shall provide the necessary labor, construction equipment, fuel, etc. required for the successful completion of the project. All Work shall conform to the Project Specifications and all applicable local, state and federal codes and regulations. Contract time for shall be 120 consecutive calendar days from the date of the Notice to Proceed.

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 by email at bmarr@stmarysga.gov.

Copies of the project specifications 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, 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.

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.

Unauthorized contact regarding this invitation to bid with staff or elected officials may 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 statements.

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:

The purpose for this request is to solicit competitive sealed bids from qualified consultants to provide the following service:

Perform a Citywide pavement evaluation for City of St. Marys Georgia on city owned and maintained streets and roads.

The Contractor shall provide the necessary materials, labor, construction equipment, fuel, etc.

required for the successful completion of the project. All Work shall conform to the Project Specifications and all applicable local, state, and federal codes and regulations. Contract time for shall be 120 consecutive calendar days from the date of the Notice to Proceed.

Participation in this selection process by interested Firms shall constitute an acceptance of the terms and conditions of the selection process, as stated within this document, and shall be at no additional cost or obligation to the City.

All proposals are governed by the Code of St. Marys, Georgia, and the laws of the State of Georgia. Any contract and/or agreement and any addendums to it that result from this Invitation to Bid shall be governed by the laws of Georgia.

B. HOW TO SUBMIT BIDS:

All BIDS shall be:

1. Submitted in sealed opaque package (envelope or box as necessary), plainly marked with “2022 CITYWIDE PAVEMENT EVALUATION PROJECT” DATE and time of submission, and company name.

2. Mailed or delivered in sufficient time to ensure receipt by the Purchasing Agent on or before the time and date specified above.

Hand Delivery and Mailing Address:

City of St. Marys Purchasing Agent 418 Osborne Street St. Marys, GA 31558

3. Please check the City’s website www.stmarysga.gov prior to submission for any addendum.

BIDS NOT RECEIVED BY THE TIME AND DATE SPECIFIED WILL NOT BE

OPENED OR CONSIDERED.

C. 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 four (4) working days prior to the opening of the bids. 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.

D. BIDDERS' UNDERSTANDING:

Bidders should visit the work site to ascertain by inspection pertinent local conditions such as location, character and accessibility of the site, availability of facilities, location and character of existing work within or adjacent thereto, labor conditions, etc. Failure to comply with this requirement will not relieve the successful bidder of his obligations to carry out the scope of the resulting contract.

E. INVITATION TO BID REQUIREMENTS:

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 include in the Bid Package).

F. 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 called for.

G. 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.

H. 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 units propose prices shall govern.

I. 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.

J. 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.

K. 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 representative.

L. 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.

M. 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 Mayor and Council at their regularly scheduled Council Meeting. Staff will make a recommendation for award and present the bid results. Council makes the final decision. Vendors should not rely on verbal suggestions from staff as to who will be awarded.

N. CONTRACT 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. 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 there from.

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 there from.

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.

3. 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.

O. COMPLIANCE WITH LAWS:

1. The Bidder and/or contractor shall obtain and maintain all licenses, permits, liability insurance, workman's compensation insurance and comply with any and all other standards or regulations required by Federal, State, or local statute, ordinances and rules during the performance of any contract between the contractor and the City. Any such requirement specifically set forth in any contract document between the contractor and the City shall be supplementary to this section and not in substitution thereof.

2. The City of St. Marys will waive all permitting fees associated with this project.

P. PAYMENT OF TAXES AND LICENSES.

The Contractor shall pay the cost of any taxes, and licenses required.

Q. 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.

R. POWER OF ATTORNEY:

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

S. 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, is considered a vendor in good standing with the City and 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.

Policy to be stated. This policy shall be so stated in all applicable solicitations.

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).

2022 PAVEMENT EVALUATION PROJECT

GENERAL CONDITIONS

1. INTENT OF THE DOCUMENTS

a. It is the intent of the Specifications to describe a complete Project to be fulfilled in accordance with the Contract Documents.

b. The Specifications are so drafted as to indicate the conditions existing to the best knowledge and belief of the City but are not guaranteed 100 percent accurate.

c. Should any inconsistency or error appear or occur in the specifications, the Contractor shall report it to the City and obtain proper adjustments before proceeding with the work.

d. The Contract Documents comprise the entire Agreement between the City and Contractor. They may be altered only by a written Change Order properly executed by the City and Contractor.

2. CONTRACTOR’S RESPONSIBILITIES

a. Contractor shall supervise and direct the Work efficiently and with his best skill and attention. He shall be solely responsible for the means, methods, techniques, sequences, and procedures throughout this project.

b. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents.

c. The Contractor shall so conduct his operations as not to damage existing structures, pavement, curbs, gutters, sidewalks, fences, landscaping, and natural areas.

d. In case any such damage resulting from his own operations, the contractor shall repair and make good as new the damaged portions at his own expense to a condition as near original condition as possible and acceptable to the owner of damage item or property.

e. Contractor shall provide competent, suitably qualified personnel to perform the services as required by the Contract Documents.

f. Contractor shall furnish all materials, equipment, labor, transportation /shipping, machinery, tools and all other facilities and incidentals necessary for the execution, initial operation, and completion of the Work.

3. SUBCONTRACTORS

Contractor will provide a list of any subcontractors and their required information that they will utilize to perform any function of this contract.

4. SAFETY AND PROTECTION

Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work and shall comply with all Federal, State, and Local requirements and regulations.

5. TRAFFIC CONTROL:

a. All traffic control shall be in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). Contractor will be required to place temporary signage to alert motorist of work in progress and stay within work zones.

Contractor shall not close the road to through traffic at any time during the term of the contract.

b. Maintenance vehicles and equipment shall not impede the flow of vehicular traffic nor pedestrian traffic at any time.

6. INSPECTIONS:

Contract administration and inspection will be performed by City of St. Marys Public Works.

SCOPE OF WORK

1. Perform an inventory and pavement condition rating survey and evaluation for the City of St. Marys. The streets to be surveyed are public streets and roadways owned and maintained by the City of St. Marys. The survey of the City Streets and roads is to capture distress information according to GDOT COPACES.

2. The ratings of each street will be on a mile-by-mile basis with an overall street rating, a video of each street, a striping evaluation, and a treatment recommendation for each street.

3. The developed ratings shall by the latest ATSM -D6433-18 standards using the Pavement Condition Index (PCI) and each road being broken down into segments by cross streets.

4. Deliverables include the following from the vendor to the City.

a. A digital copy of the finalized database to be submitted in Microsoft Excel.

b. A technical report with tables and figures to summarize the condition of City roads and recommended maintenance needs. This report shall contain all collected pavement data, pavement condition and recommended maintenance activities.

c. ESRI compatible GIS file containing roadway PCI value to be integrated into the City’s GIS system.

5. State on the pricing sheet included in this Invitation to Bid whether you will be performing a Walking or Vehicle Survey and attach a brief summary on your approach so the City can verify that your process meets the requirements of this Invitation.

6. All data collection and inspections shall be performed by qualified and trained personnel.

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 2022 CITYWIDE PAVEMENT EVALUATION PROJECT 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.

In case the bidder is given in writing by mail, telegraph, email or delivery the Notice of Award 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 below-stated compensation and at the same time furnish and deliver to the Owner Certificate of Insurance, 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.

BID FORM

Items: Description Unit Price Estimated

Quantity Amount

1 Pavement Inspection $

Centerline Miles $

Deliverables (Technical Report, database, GIS file) $ LS $

Total Bid $

NOTE: All applicable charges shall be included in your unit prices, including but not limited to all labor, administrative forces, materials, bon, mix design, testing equipment, installation, and any other amounts. No additional charges will be allowed after the bid opening.

State number of days needed to start after Notice to Proceed is issued. Days

This will be a (Check one) Walking Survey or Vehicle Survey

Total Construction Lump Sum Bid: $

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.

Name and Address of Firm:

By: __________________________________________ Date: ___________________________________

Please Print Name Here

__________________________________________ Title: ___________________________________ Please Sign in Ink

BIDDER'S QUALIFICATIONS

LEGAL NAME OF BIDDER:

(Company)

STREET ADDRESS:

WHEN ORGANIZED:

WHEN AND WHERE

INCORPORATED:

LICENSED OR REGISTERED TO DO BUSINESS IN STATE OF

GEORGIA: YES NO

The foregoing statement of qualifications is submitted under oath:

Contractor and any Subcontractor shall list the appropriate License number(s) in compliance with the Georgia State Licensing Board

Main Contractor's License Number:

Subcontractor #1 Name:

Subcontractor #2

Subcontractor #3

(List additional if appropriate)

Respectfully submitted, By:

Title:

STATE OF GEORGIA

COUNTY OF CAMDEN

CONTRACT

This CONTRACT made and entered into this day of , 20 , 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, materials and equipment in a good, workmanlike and substantial manner the 2022 CITY WIDE PAVEMENT EVALUATION PROJECT, 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 Request for Proposals.

The Work, more particularly, shall consist of:

Perform an inventory and pavement condition rating survey and evaluation for the City of St. Marys. The streets to be surveyed are public streets and roadways owned and maintained by the City of St. Marys. The survey of the City Streets and roads is to capture distress information according to GDOT COPACES.

The ratings of each street will be on a mile-by-mile basis with an overall street rating, a video of each street, a striping evaluation, and a treatment recommendation for each street.

The developed ratings shall by the latest ATSM -D6433-18 standards using the Pavement Condition Index (PCI) and each road being broken down into segments by cross streets.

In addition, the work required includes:

Deliverables include the following from the vendor to the City.

i. A digital copy of the finalized database to be submitted in Microsoft Excel.

ii. A technical report with tables and figures to summarize the condition of City roads and recommended maintenance needs. This report shall contain all collected pavement data, pavement condition and recommended maintenance activities.

iii. ESRI compatible GIS file containing roadway PCI value to be integrated into the City’s GIS system.

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 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 sum 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.

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

_____________, 20 , and shall be completed by of , 20 which is 120 consecutive calendar days after Notice to Proceed. 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.

In witness whereof the parties have executed this Contract this day of , 20 .

OWNER:

CITY OF ST. MARYS, GEORGIA

(SEAL)

Signed, sealed, and delivered in the presence of:

John F. Morrissey- Mayor

Attest:

Witness

Deborah Walker-Reed - City Clerk

Notary Public

CONTRACTOR:

Attest:

Secretary (if corporation)

Signed, sealed and delivered in the presence of:

Witness

Notary Public

IMMIGRATION AND SECURITY FORM

(GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT)

Contractor’s Name:

State Entity’s Name:

City of St. Marys

State Solicitation/ Contract No.:

2022 Citywide Pavement Evaluation Project

CONTRACTOR AFFIDAVIT

By executing this affidavit, the undersigned Contractor verifies its compliance with O.C.G.A. §13-10-91, stating affirmatively that the Contractor identified above has registered with and is participating in a federal work authorization program*, in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the State Entity, Contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the attached Subcontractor Affidavit. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the State Entity at the time the subcontractor(s) is retained to perform such service.

EEV / E-VerifyTM Company Identification Number

BY: Authorized Officer or Agent Date (Contractor Name)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_____ DAY OF ______________________, 20__

________________________________________ [NOTARY SEAL]

Notary Public

My Commission Expires:

*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), P.L. 99-603

Entity’s Name:

Solicitation Name or Contract No.: 2022 Citywide Pavement Evaluation Project

ADDITIONAL INSTRUCTIONS TO CONTRACTOR: Identify all subcontractors used to perform under the state contract. In addition, you must attach a signed and notarized affidavit (third page of this form) from each of the subcontractors listed below. The contractor is responsible for providing a signed and notarized affidavit to the State Entity within five (5) days of the addition of any new subcontractor used to perform under the identified state contract.

Subcontractors:

Subcontractor’s

(Your) Name:

Entity’s Name:

Solicitation Name or Contract No.: 2022 Citywide Pavement Evaluation Project

SUBCONTRACTOR AFFIDAVIT

By executing this affidavit, the undersigned Subcontractor verifies its compliance with O.C.G.A. §13-10-91, stating affirmatively that the Subcontractor which is engaged in the physical performance of services under a contract with the Contractor identified above on behalf of the State Entity identified above has registered with and is participating in a federal work authorization program*, in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91.

EEV / E-VerifyTM Company Identification Number

BY: Authorized Officer or Agent Date (Subcontractor Name)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_____ DAY OF ______________________, 20__

________________________________________ [NOTARY SEAL]

Notary Public

My Commission Expires:

*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), P.L. 99-603

Affidavit Verifying Status For City Public Benefit Application

By executing this affidavit under oath, as an application for a City of St. Marys, Georgia Business License or Occupation Tax Certificate, Alcohol License, Taxi Permit or other public benefit as referenced in O.C.G.A. Section 50-36-1, I am stating the following with respect to my application for:

Business License

Georgia Occupational Tax Certificate

Alcohol License

Taxi Permit or

Other public benefit

Please check one

Name of natural person applying on behalf of individual, business, corporation, partnership, or other private entity

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 of age 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 the Code Section 16-10-20 of the Official Code of Georgia.

Signature of Applicant Date

SUBCRIBED AND SWORN

BEFORE ME ON THIS THE Printed Name

DAY OF ,20

Alien Registration number for non-citizens

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, provided their alien 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:

BOBBY MARR TELEPHONE

Public Works Director (912) 882-4415

FAX: (912) 673-6681

DEPARTMENT OF PUBLIC WORKS

418 OSBORNE STREET * ST. MARYS, GEORGIA 31558

NOTICE OF AWARD

TO: PROJECT NAME:

2022 Citywide Pavement Evaluation Project

The Owner has considered the Bid submitted by you on , 20__, for the above-described Work in response to its Advertisement Request for Bids.

You are required by the Information for Bidders to execute the Agreement and furnish the required Documents per the Contract Documents for the 2022 Citywide Pavement Evaluation Project within ten

(10) calendar days from the date of this Notice to you.

If you fail to execute said Agreement and to furnish said documents within 10 days from the date of this Notice, the Owner will be entitled to consider all your rights arising out of the Owner’s acceptance of your Bid as abandoned. The Owner will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of the Notice of Award to the Owner.

Dated this day of , 20__.

By: Title: Director of Public Works

ACCEPTANCE OF NOTICE

Receipt of the above Notice of Award is hereby acknowledged:

By: , this the day of , 20 .

Signature Title

BOBBY MARR TELEPHONE

Public Works Director (912) 882-4415

FAX: (912) 673-6681

DEPARTMENT OF PUBLIC WORKS

418 OSBORNE STREET * ST. MARYS, GEORGIA 31558

NOTICE TO PROCEED

TO: PROJECT NAME:

2022 Citywide Pavement Evaluation Project

You are hereby notified to commence work in accordance with the Agreement dated , 202_ on or before , 202_

Dated this day .

By: Title: Director of Public Works Bobby Marr

ACCEPTANCE OF NOTICE

Receipt of the above Notice to Proceed is hereby acknowledged:

By: __________________________________ this the day of , 20__.

Printed Name

Signature Title