ITB 24_02 PHB Installation at Two Locations.pdf

THE CITY OF DUNWOODY, GEORGIA

DEPARTMENT OF PUBLIC WORKS

OFFICIAL BID DOCUMENTS

PHB INSTALLATION AT TWO LOCATIONS

ITB 24-02

BID OPENING DATE:

2:00 PM, MARCH 7, 2024

ITB 24-02

The City of Dunwoody is soliciting competitive sealed bids from qualified contractors for the PHB

INSTALLATION AT TWO LOCATIONS project for the Department of Public Works.

Bids should be typed or submitted in ink and returned in a sealed container marked on the outside with the ITB number and Company Name. Bids will be received until 2:00 P.M. local time on March 7, 2024 at the City of

Dunwoody, 4800 Ashford Dunwoody Rd, Dunwoody, GA 30338. Any bid received after this date and time will not be accepted. Bids will be publicly opened and read at 2:05 P.M. Apparent bid results will be available the following business day on our website www.dunwoodyga.gov.

A Pre-Bid Conference will be held at 1:00 p.m. on Tuesday, February 20, 2024 at the City of Dunwoody City

Hall, 4800 Ashford Dunwoody Rd, Dunwoody, GA 30338. The conference will include a review of the Bid

Documents, and a question-and-answer period. Attendance at the Pre-Bid Conference is highly recommended.

Bidders are expected to be familiar with the Bid Documents and to provide the City with any questions regarding the Bid Documents at the Pre-Bid conference or by the deadline for questions to be submitted.

Questions regarding bids should be directed to John Gates, Purchasing Manager, at purchasing@dunwoodyga.gov no later than close of business on Wednesday, February 28, 2024. Bids are legal and binding upon the bidder when submitted. All bids should be submitted in duplicate.

The written bid documents supersede any verbal or written prior communications between the Parties.

If a contract is awarded, it will be made to the lowest reliable bidder whose base bid proposal shall have met all of the prescribed requirements. The City reserves the right to reject any or all bids, to waive technicalities and to make an award deemed in its best interest. The low bid will be determined based on the sum of the base bid and any alternates selected by the City.

All companies submitting a bid will be notified in writing of award. We look forward to your bid and appreciate your interest in the City of Dunwoody.

John Gates

Purchasing Manager

TABLE OF CONTENTS

SECTION TITLE

0010 Table of Contents

0050 Project Directory

0100 Bid Instructions

0150 Bid Checklist

0200 Bonding and Insurance Requirements

0250 Scope of Work

0300 General Notes

0350 Bid Schedule

0400 Bid Bond

0450 Affidavits

0500 Qualifications Signature and Certification

0550 Statement of Bidders Qualifications and References

0600 Corporate Certificate

0650 Subcontractor Listing

0700 Statement of Equipment

0750 Sample Contract

0800 General Conditions

0850 Special Conditions

0875 Special Provision

1000 Payment Bond

1050 Performance Bond

1100 Maintenance Bond

PROJECT DIRECTORY

Section 0050

The City of Dunwoody, Georgia

ITB 24-02: PHB INSTALLATION AT TWO LOCATIONS

OWNER The City of Dunwoody, Georgia

4800 Ashford Dunwoody Rd

Dunwoody, GA 30338

(678)-382-6700

Mayor Lynn P. Deutsch

City Manager Eric Linton

Associated

Department Public Works

Michael Smith, P.E. Director

David Ayers, Construction Management david.ayers@dunwoodyga.gov

Design Pond

Consultant Zach Puckett, P.E.

BID INSTRUCTIONS

ITB 24-02: PHB ISTALLATION AT TWO LOCATIONS

SECTION 0100

CITY OF DUNWOODY

DEPARTMENT OF FINANCE AND ADMINISTRATION – PURCHASING DIVISION

GENERAL INSTRUCTIONS FOR BIDDERS

These Instructions will apply unless a particular item is specifically addressed in the solicitation document or not relevant to the particular type of good or service.

1. PREPARATION OF BIDS:

A. Each bidder shall examine the drawings, specifications, schedule and all instructions. Failure to do so will be at the bidder’s risk, as the bidder will be held accountable for their bid response.

B. Each bidder shall furnish all information required by the bid form or document. Each bidder shall sign the bid and print or type his or her name on the schedule. The person signing the bid must initial erasures or other changes. An authorized agent of the company must sign bids.

C. Individuals, firms and businesses seeking an award of a City of Dunwoody contract may not initiate or continue any verbal or written communications regarding a solicitation with any City officer, elected official, employee or other City representative without the permission of Purchasing between the date of the issuance of the solicitation and the date of the final contract award.

Violations will be reviewed by the Purchasing Manager. If determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business may be disqualified from consideration for award.

2. BID TIME TABLE. The anticipated schedule for the bid process is as follows:

Bid Documents Posted ............................................... Thursday, February 8, 2024

Pre-Bid Conference ..................................................... 1:00 PM, Tuesday, February 20, 2024

Deadline for submission of questions ..................... 5:00 PM, Wednesday, February 28, 2024

Deadline for submission of Bid ............................... 2:00 PM, Thursday, March 7, 2024

Bids Valid Until………………………. ..................... Wednesday, June 5, 2024

3. EXPLANATION TO BIDDERS:

Any explanation desired by a bidder regarding the meaning or interpretation of the invitation for bids, drawings, specifications, etc. must be requested by the question cutoff deadline stated in the solicitation in order for a reply to reach all bidders before the close of bid. Any information given to a prospective bidder concerning an invitation for bid will be furnished to all prospective bidders as an addendum to the invitation if such information is necessary or if the lack of such information would be prejudicial to uninformed bidders. The written bid documents supersede any verbal or written communications between Parties. Receipt of addendum should be acknowledged in the bid. Although Purchasing will make every effort to send any addendum to known bidders, it is the bidder’s ultimate responsibility to ensure that they have all applicable addenda prior to bid submittal. This may be accomplished via contact with Purchasing prior to bid submittal.

4. SUBMISSION OF BIDS:

A. Bids shall be enclosed in sealed envelopes, addressed to the City of Dunwoody Purchasing Office with the name of the bidder, the date and hour of opening and the invitation to bid number on the face of the envelope. Telegraphic/faxed bids will not be considered. Any addenda should be enclosed in the sealed envelopes as well.

B. ADD/DEDUCT: Add or deduct amounts indicated on the outside of the envelope are allowed and will be applied to the lump sum amount. Amount shall be clearly stated and should be initialed by an authorized company representative.

SECTION 0100

C. Samples of items, when required, must be submitted within the time specified and, unless otherwise specified by the City, at no expense to the City. Unless otherwise specified, samples will be returned at the bidder’s request and expense if items are not destroyed by testing.

D. Items offered must meet required specifications and must be of a quality, which will adequately serve the use and purpose for which intended.

E. Full identification of each item bid upon, including brand name, model, catalog number, etc. must be furnished to identify exactly what the bidder is offering. Manufacturer’s literature may be furnished.

F. The bidder must certify that items to be furnished are new and that the quality has not deteriorated so as to impair its usefulness.

G. Unsigned bids will not be considered except in cases where bid is enclosed with other documents, which have been signed. The City will determine this.

H. The City of Dunwoody is exempt from federal excise tax and Georgia sales tax with regard to goods and services purchased directly by the City. Suppliers and contractors are responsible for federal excise tax and sales tax, including taxes for materials incorporated into City construction projects.

Suppliers and contractors should contact the State of Georgia Sales Tax Division for additional information.

I. Information submitted by a bidder in the bidding process shall be subject to disclosure after the public opening in accordance with the Georgia Open Records Act. Each page of proprietary information must be identified. Entire bid may not be deemed proprietary.

5. WITHDRAWAL OF BID DUE TO ERRORS:

A. The Bidder shall give notice in writing of his claim of right to withdraw his bid without penalty due to an error within two (2) business days after the conclusion of the bid opening procedure. Bids may be withdrawn from consideration if the price was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and material used in the preparation of the bid sought to be withdrawn. The bidder’s original work papers shall be the sole acceptable evidence of error and mistake if he elects to withdraw his bid. If a bid is withdrawn under the authority of this provision, the lowest remaining responsive bid shall be deemed to be low bid.

B. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

C. The Bidder has up to forty-eight (48) hours to notify Purchasing of an obvious clerical error made in calculation of bid in order to withdraw a bid after bid opening. Withdrawal of bid for this reason must be done in writing within the forty-eight (48) hour period. Bidders who fail to request withdrawal of bid by the required forty-eight (48) hours shall automatically forfeit bid bond. Bid may not be withdrawn otherwise.

D. Bid withdrawal is not automatically granted and will be allowed solely at the City of Dunwoody’s discretion.

SECTION 0100

6. TESTING AND INSPECTION:

Since tests may require several days for completion, the City reserves the right to use a portion of any supplies before the results of the tests are determined. Cost of inspections and tests of any item, which fails to meet the specifications, shall be borne by the bidder.

7. F.O.B. POINT:

Unless otherwise stated in the invitation to bid and any resulting contract, or unless qualified by the bidder, items shall be shipped F.O.B. Destination. The seller shall retain title for the risk of transportation, including the filing for loss or damages. The invoice covering the items is not payable until items are delivered and the contract of carriage has been completed. Unless the F.O.B. clause states otherwise, the seller assumes transportation and related charges either by payment or allowance.

8. PATENT INDEMNITY:

The contractor guarantees to hold the City, its agents, officers or employees harmless from liability of any nature or kind for use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used in the performance of the contract, for which the contractor is not the patentee, assignee or licensee.

9. BID BONDS AND PAYMENT AND PERFORMANCE BONDS (IF REQUIRED):

A five percent (5%) bid bond, a one hundred percent (100%) performance bond, and a one hundred percent (100%) payment bond shall be furnished to the City of Dunwoody for any bid as required in bid package or document. Failure to submit appropriate bonding will result in automatic rejection of bid. Bonding company must be authorized to do business in Georgia by the Georgia Insurance Commission, listed in the Department of the Treasury’s publication of companies holding certificates of authority as acceptable surety on Federal bonds and as acceptable reinsuring companies, and have an A.M. Best rating as stated in the insurance requirement of the solicitation.

10. AWARD:

A. Award will be made to the lowest responsive and responsible bidder. The quality of the articles to be supplied, their conformity with the specifications, their suitability to the requirements of the City, and the delivery terms will be taken into consideration in making the award. The City may make such investigations as it deems necessary to determine the ability of the bidder to perform, and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by, or investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract.

B. The City reserves the right to reject or accept any or all bids and to waive technicalities, informalities and minor irregularities in bids received.

C. The City reserves the right to make an award as deemed in its best interest, which may include awarding a bid to a single bidder or multiple bidders; or to award the whole bid, only part of the bid, or none of the bid to single or multiple bidders, based on its sole discretion of its best interest.

11. DELIVERY FAILURES:

Failure of a contractor to deliver within the time specified or within reasonable time as interpreted by the Purchasing Manager, or failure to make replacement of rejected articles/services when so requested, immediately or as directed by the Purchasing Manager, shall constitute authority for the Purchasing Manager to purchase in the open market articles/services of comparable grade to replace the articles/services rejected or not delivered. On all such purchases, the contractor shall reimburse the City within a reasonable time specified by the Purchasing Manager for any expense incurred in excess of contract prices, or the City shall have the right to deduct such amount from monies owed the defaulting contractor. Alternatively, the City may penalize the contractor one percent (1%) per day for

SECTION 0100

a period of up to ten (10) days for each day that delivery or replacement is late. Should public necessity demand it, the City reserves the right to use or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Purchasing Manager.

12. CITY FURNISHED PROPERTY:

No material, labor or facilities will be furnished by the City unless so provided in the invitation to bid.

13. REJECTION AND WITHDRAWAL OF BIDS:

Failure to observe any of the instructions or conditions in this invitation to bid may constitute grounds for rejection of bid.

14. CONTRACT:

A. Each bid is received with the understanding that the acceptance in writing by the City of the offer to furnish any or all of the commodities or services described therein shall constitute a contract between the bidder and the City which shall bind the bidder on his part to furnish and deliver the articles quoted at the prices stated in accordance with the conditions of said accepted bid. The City, on its part, may order from such contractor, except for cause beyond reasonable control, and to pay for, at the agreed prices, all articles specified and delivered.

B. It is understood that the bidder has reviewed the contract documents with the understanding that the City of Dunwoody requires that all agreements between the parties must be entered into via this document. If any exceptions are taken to any part, each must be stated in detail and submitted as part of the bid. If no exceptions are stated, it is assumed that the bidder fully agrees to the provisions contained in the “Sample Contract” in its entirety.

C. When the contractor has performed in accordance with the provisions of this agreement, the City of Dunwoody shall pay to the contractor, within thirty (30) days of receipt of any department approved payment request and based upon work completed or service provided pursuant to the contract, the sum so requested, less the retainage stated in this agreement, if any.

15. NON-COLLUSION:

Bidder declares that the bid is not made in connection with any other bidder submitting a bid for the same commodity or commodities, and that the bid is bona fide and is in all respects fair and without collusion or fraud. An affidavit of non-collusion shall be executed by each bidder. Collusion and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

16. DEFAULT:

The contract may be canceled or annulled by the Purchasing Manager in whole or in part by written notice of default to the contractor upon non-performance or violation of contract terms. An award may be made to the next low responsive and responsible bidder, or articles specified may be purchased on the open market similar to those so terminated. In either event, the defaulting contractor (or his surety) shall be liable to the City for costs to the City in excess of the defaulted contract prices; provided, however, that the contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. Failure of the contractor to deliver materials or services within the time stipulated on his bid, unless extended in writing by the Purchasing Manager, shall constitute contract default.

17. TERMINATION FOR CAUSE:

The City may terminate this agreement for cause upon ten days prior written notice to the contractor of the contractor’s default in the performance of any term of this agreement. Such termination shall be without prejudice to any of the City’s rights or remedies by law.

SECTION 0100

18. TERMINATION FOR CONVENIENCE:

The City may terminate this agreement for its convenience at any time upon 30 days written notice to the contractor. In the event of the City’s termination of this agreement for convenience, the contractor will be paid for those services actually performed. Partially completed performance of the agreement will be compensated based upon a signed statement of completion to be submitted by the contractor, which shall itemize each element of performance.

19. DISPUTES:

Except as otherwise provided in the contract documents, any dispute concerning a question of fact arising under the contract which is not disposed of shall be decided after a hearing by the Purchasing Manager, who shall reduce his/her decision to writing and mail or otherwise furnish a copy thereof to the contractor. The decision of the Purchasing Manager shall be final and binding; however, the contractor shall have the right to appeal said decision to a court of competent jurisdiction.

20. SUBSTITUTIONS:

Bidders offering and quoting on substitutions or who are deviating from the attached specifications shall list such deviations on a separate sheet to be submitted with their bid. The absence of such a substitution list shall indicate that the bidder has taken no exception to the specifications contained herein.

21. INELIGIBLE BIDDERS:

The City may choose not to accept the bid of a bidder who is in default on the payment of taxes, licenses or other monies due to the City. Failure to respond to three (3) consecutive times for any given commodity/service may result in removal from the supplier list under that commodity/service.

22. BUSINESS LICENSE:

Each successful bidder shall provide evidence of a valid City of Dunwoody business license if the bidder maintains an office within the City of Dunwoody. Unincorporated, out of City, and out of State bidders are required to provide evidence of a certificate to do business in any town, County or municipality in the State of Georgia, or as otherwise required by City ordinance or resolution.

23. ALTERATIONS OF SOLICITATION AND ASSOCIATED DOCUMENTS:

Alterations of City documents are strictly prohibited and will result in automatic disqualification of the firm’s solicitation response. If there are “exceptions” or comments to any of the solicitation requirements or other language, then the firm may make notes to those areas, but may not materially alter any document language.

24. TAX LIABILITY:

Local and state governmental entities must notify contractors of their use tax liability on public works projects. Under Georgia law, private contractors are responsible for paying a use tax equal to the sales tax rate on material and equipment purchased under a governmental exemption that is incorporated into a government construction project: excluding material and equipment provided for the installation, repair, or expansion of a public water, gas or sewer system when the property is installed for general distribution purposes. To the extent the tangible personal property maintains its character (for example the installation of a kitchen stove), it remains tax-exempt. However, if the installation incorporates the tangible personal property into realty, e.g., the installation of sheetrock, it becomes taxable to the private contractor.

See O.C.G.A. 48-8-3(2) and O.C.G.A. 48-8-63

SECTION 0100

25. GENERAL CONTRACTORS LICENSE:

All General Contractors must have a current valid license from the State Licensing Board for Residential and General Contractors, unless specifically exempted from holding such license pursuant to Georgia law (O.C.G.A. Section 43-41-17).

26. INDEMNIFICATION:

To the fullest extent permitted by law, the Contractor shall, at his sole cost and expense, indemnify, defend, satisfy all judgments, and hold harmless the City, the engineer, and their agents and employees from and against all claims, damages, actions, judgments, costs, penalties, liabilities, losses and expenses, including, but not limited to, attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, action, judgment, cost, penalty, liability, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless whether such claim is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any of the rights or obligations of indemnity which would otherwise exist as to any party or person described in this agreement. In any and all claims against the City, the engineer, or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation contained herein 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 Worker's Compensation Acts, disability benefit acts, or other employee benefit acts.

27. ENVIRONMENTAL SUSTAINABILITY

The City of Dunwoody is committed to environmental sustainability. The City believes we have a unique opportunity to further expand our leadership in the area of environmentally preferable purchasing, and through our actions, elicit changes in the marketplace. By further incorporating environmental considerations into public purchasing, the City of Dunwoody will positively impact human health and the environment, remove unnecessary hazards from its operations, reduce costs and liabilities, and improve the environmental quality of the region. As such the City encourages the incorporation of environmental sustainability into proposals.

*DIRECTIONS TO DUNWOODY CITY HALL*

From I-285 take Exit 29 (Ashford-Dunwoody Rd.) and turn North. At the eighth traffic light, turn left on Ashford Gables Drive. The entrance to the parking lot for 4800 Ashford Dunwoody Rd is on the right. The City of Dunwoody offices are on the second floor.

END OF BID INSTRUCTIONS SECTION 0100

BID CHECKLIST

SECTION 0150

***ATTENTION***

IN ORDER FOR CONTRACTOR BID PACKAGE TO BE CONSIDERED

RESPONSIVE, THE FOLLOWING FORMS OR INFORMATION MUST BE

COMPLETED AND SUBMITTED WITH THE PROPOSAL. COMPLETE AND

RETURN THIS FORM WITH YOUR BID:

□ USE THE CITY BID SCHEDULE AND FORWARD WITH THE

SEALED PROPOSAL FORM.

□ ACKNOWLEDGE APPLICABLE ADDENDA.

□ PROVIDE 5% BID BOND – BOND REQUIREMENTS ARE CLEARLY

STATED IN THE INVITATION TO BID. IF YOU NEED

CLARIFICATION, CONTACT PURCHASING.

□ RETURN APPLICABLE COMPLIANCE AFFIDAVIT SHEETS/

SPECIFICATION SHEETS.

□ QUALIFICATIONS SIGNATURE AND CERTIFICATION

□ PROVIDE INFORMATION ON ALTERNATES OR EQUIVALENTS.

□ KEY PERSONNEL RESUMES AND ORG CHART

□ STATEMENT OF BIDDERS QUALIFICATIONS AND REFERENCES

□ CORPORATE CERTIFICATE

□ SUBCONTRACTOR LISTING

□ STATEMENT OF EQUIPMENT

□ IF THE BID AMOUNT EXCEEDS $250,000, THE BIDDER SHALL

SUBMIT WITH THE BID A COPY OF THEIR GEORGIA

DEPARTMENT OF TRANSPORTATION CERTIFICATION OF

QUALIFICATION LETTER SHOWING ELEGIBILITY TO BID

FAILURE TO RETURN THE ABOVE DOCUMENTS MAY RESULT IN BID BEING

DEEMED NON-RESPONSIVE AND AUTOMATIC REJECTION

BONDING AND INSURANCE REQUIREMENTS

SECTION 0200

1. All Bidders are required to submit a Bid Bond or a certified check made payable to the City of

Dunwoody in the amount of five percent (5%) of the total amount bid. The Bid Bond or certified check must be enclosed in the envelope with the sealed bid.

2. The awarded bidder will be required to furnish a Performance Bond equal to 100% of the contract amount and a Payment Bond equal to 100% of the total contract amount. Insurance coverage shall be provided as required by the contract documents. Bonding Company must be licensed to do business by the Georgia Secretary of State, authorized to do business in Georgia by the Georgia

Insurance Department, listed in the Department of the Treasury's Publication of Companies

Holding Certificates of Authority as Acceptable Surety on Federal Bonds and as Acceptable

Reinsuring Companies and have an A.M. Best rating of A-V or higher.

3. The awarded bidder will be required to submit Maintenance Bond valid for 12 months in the amount of the total bid.

4. The Contractor shall provide insurance for the project as outlined below:

City of Dunwoody

INSURANCE REQUIREMENTS

Within ten (10) days of execution of this Agreement, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the

State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City covering:

1. Statutory Workers' Compensation Insurance

(a) Employers Liability:

Bodily Injury by Accident - $1,000,000 each accident Bodily Injury by Disease - $1,000,000 policy limit Bodily Injury by Disease - $1,000,000 each employee

2. Commercial General Liability Insurance

(a) $1,000,000 limit of liability per occurrence for bodily injury and property damage Owner's and

Contractor's Protective with a $2,000,000 general aggregate limit.

(b) Blanket Contractual Liability

(c) Blanket "X", "C", and "U"

(d) Products/Completed Operations Insurance

(e) Broad Form Property Damage

(f) Personal Injury coverage

(g) Include Additional Insured Status for the City of Dunwoody

(h) Provide Waiver of Subrogation in favor of the City of Dunwoody

3. Auto Liability Insurance

(a) $1,000,000 limit of liability per occurrence for bodily injury and property damage

(b) Comprehensive form covering all owned, non-owned, leased, and hired vehicles

(c) If no owned autos, must provide proof of hired and non-owned auto liability

(d) Include Additional Insured Status for the City of Dunwoody

(e) Provide Waiver of Subrogation in favor of The City of Dunwoody

BONDING AND INSURANCE REQUIREMENTS

SECTION 0200

4. Umbrella Liability Insurance - $1,000,000 limit of liability

(a) Coverage at least as broad as primary coverage as outlined under Items 1, 2 and 3 above

(b) Confirm General, Automobile and Employers Liability are included as underlying policies

5. The City of Dunwoody, Georgia, and its subcontractors and affiliated companies, their officers, directors, employees shall be named on the Certificates of Insurance as additional insured and endorsed onto the policies for Comprehensive General Liability, Automobile Liability and Umbrella Liability insurance maintained pursuant to this Contract in connection with liability of the City of Dunwoody and their affiliated companies and their officers, directors and employees arising out of Contractor's operations. Copies of the endorsements shall be furnished to the City upon execution of this Agreement.

Such insurance is primary insurance and shall contain a Severability of Interest clause as respects each insured.

Such policies shall be non-cancelable except on thirty (30) days written notice to the City. Any separate insurance maintained in force by the additional insured named above shall not contribute to the insurance extended by Contractor's insurer(s) under this additional insured provision.

Certificate Holder should read: City of Dunwoody

4800 Ashford Dunwoody Road

Dunwoody, GA 30338

SCOPE OF WORK

SECTION 0250

The project work consists of the installing two (2) PHBs at two (2) locations in the City of

Dunwoody. PHB Location #1 is at North Peachtree Rd at Chesnut Elementary School and PHB

Location #2 is at Perimeter Center West near Mall Entrance. Project work consists of adding sidewalk and tying into existing sidewalks, installation of traffic signals, crosswalk/roadway marking, and fiber installation. Location #2 also includes installation of lighting conduit and MMA crosswalk marking. The contractor shall furnish all materials (unless otherwise noted), equipment, and labor to complete the required construction as described in its entirety to the specifications as directed and the terms of this contract including all incidentals as directed by the City of Dunwoody

Director of Public Works or his representative.

Construction plans for each location can be accessed and downloaded at the following link:

https://dunwoodygagov.sharepoint.com/:f:/s/CitizenUploadSite/EvcKM_I3y2

NAnD70Jt1lyWIBzoI4t-SCoP2x4o8jvIjB5g

Unless otherwise specified, the project shall be completed in compliance with the Construction

Documents prepared by Pond dated and stamped 1-19-2024 (North Peachtree Rd - Location

#1) and 2-7-2024 (Perimeter Center West - Location #2), Georgia Department of

Transportation Standard Specifications and Supplemental Specifications, Current Edition and the bid documents including all appendices and addenda. It is the intent of this contract for each unit price bid to include all labor, materials, equipment, tools, transportation, and supplies as required to complete the work in accordance with the plans, specifications as directed, and the terms of this contract. The contractor is responsible for inspecting the site and for being thoroughly familiar with all bid and contract documents.

Any item which must be removed during the construction work and which is not specifically called for shall be removed by the contractor. The cost shall be included in other unit price bid items. No claims will be considered for extra compensation.

Minimum Contractor Qualifications

The contractor must meet Georgia licensing requirements and be a Georgia Department of

Transportation prequalified qualified contractor. The contractor shall have been a licensed general or utility contractor engaged in construction and successful completion of work of similar character and magnitude for at least five years and shall demonstrate the financial ability to perform the work. The current Certificate of Qualification letter must be submitted at time of bid.

https://dunwoodygagov.sharepoint.com/:f:/s/CitizenUploadSite/EvcKM_I3y2NAnD70Jt1lyWIBzoI4t-SCoP2x4o8jvIjB5g https://dunwoodygagov.sharepoint.com/:f:/s/CitizenUploadSite/EvcKM_I3y2NAnD70Jt1lyWIBzoI4t-SCoP2x4o8jvIjB5g

Traffic Control

All traffic control shall be provided by the contractor in accordance with GDOT’s “shelf” Special

Provision 150. Assistance from police officers will not be provided by the City. Two way traffic and driveway access must be maintained throughout the construction of this project. Work times and lane closure or restriction times are detailed in Special Conditions Article 2.5

The contractor shall add, replace, remove, and/or reset existing roadway signs, as necessary, throughout the construction to comply with the MUTCD.

Schedule

Notice to Proceed is expected to be given in May of 2024 and the contractor shall mobilize within

10 days of receiving notice to proceed. Work shall be completed by August 2, 2024, for Location

#1: North Peachtree Rd and August 30, 2024, for Location #2: Perimeter Center West. Once construction begins in an area, the contractor shall work diligently and without delay to complete the work in order to minimize disruption to the property owners.

Delay in completion of the project results in additional management and testing costs to the City and erosion of public confidence and goodwill. The failure or delay in completing work on time will result in daily deductions (liquidated damages) as outlined in Special Conditions, Section

850, Article 2.3. For each day or Available Day, as specified, that any work shall remain uncompleted after the contract time specified for the completion of the Work required by the

Contract, the sum specified in the Contract will be deducted from any money due the Contractor, not as a penalty, but as liquidated damages; provided however, that due account shall be taken of any adjustment of the contract time for completion of the work previously agreed to by both parties, as may be required from time to time. The amount of such charges is hereby agreed upon as fixed liquidated damages due the City of Dunwoody after the expiration of the time for completion specified in the contract. The Contractor shall be liable for liquidated damages in excess of the amount due the Contractor on the final payment. These fixed liquidated damages are not established as a penalty but are calculated and agreed upon in advance by the City of Dunwoody and the Contractor due to the uncertainty and impossibility of making a determination as to the actual and consequential damages which are incurred by the City and the general public as a result of the failure on the part of the Contractor to complete The Work on time.

Sidewalk Construction Notes

1. Maximum sidewalk cross slope including driveway crossings shall be 2% unless otherwise indicated on the plans.

2. The contractor will be responsible for protecting the sidewalk from weather, traffic and vandalism during concrete curing. Any defects or defacement resulting from failure to protect the concrete will be repaired at the contractor’s expense.

a. Any walls visible from roadways or residences shall have a granite façade.

Striping

1. Marking tape is permissible for temporary pavement markings on milled surfaces and freshly paved asphalt when traffic remains in the original configuration. Traffic placed in a new traffic configuration shall require temporary paint striping. Temporary marking must be placed, and maintained until permanent marking can be installed, on all pavement areas to be opened to traffic. The pre-marking layout shall be approved by the City prior to temporary or permanent pavement marking.

2. Interim pavement marking must be installed prior to opening areas to traffic. Traffic configuration changes shall be full pattern pavement markings. Temporary tape is not permissible on traffic configuration changes. The City of Dunwoody shall approve all striping layout. If the project requires asphalt paving, thermoplastic pavement markings must be installed no sooner than 15 days after paving but no later than 30 days after paving on final surface courses. Should the contractor fail to meet these requirements, the City will remove these items from the contract and deduct from the contract any additional costs incurred by the

City to complete the work.

GENERAL NOTES

SECTION 0300

General Notes:

1. The Contractor is responsible for calling for utility locations prior to the start of work. The

Contractor shall locate below ground and above ground utilities that may be affected by the work using whatever means may be appropriate. It shall be the Contractor’s responsibility to coordinate his work with any utility owner who may be in conflict with his work. No claims will be considered for extra compensation.

2. The Specifications, the Drawings, and other Contract Documents shall be complementary to each other, and any material, workmanship, and/or service which may be in one, but not called for in the others, shall be binding as if indicated, called for, or implied by all. If conflicts or discrepancies between the bid documents, engineering drawings and referenced specifications arise during the course of the construction work, the conflicts or discrepancies shall be immediately brought to the attention of the Engineer, who will evaluate the conflict or discrepancies based on the design intent, ultimate use, and/or intended goal(s) of the of the project. If the conflict cannot be satisfactorily resolved in this way the most stringent requirements will apply.

3. Each section or type of work is described separately in the Technical Specifications;

however, should any item of material, equipment, work, or combinations of such be required in one section, and not be described in that section and a similar item described in another section, that description shall apply regardless of the section under which it is described.

4. Upon the completion of each work, any excess items which might be left over from the construction related work shall be removed and disposed of properly by the Contractor. The cost for such removal and disposal of such items will be included in other unit price bid. No claims will be considered for extra compensation.

5. The Contractor will be responsible for restoring lawns and landscaped areas to pre-construction conditions. This includes reconnecting or repairing any damaged irrigation systems, installing new turf, and replacing any bed materials that have been removed. Turf replacement shall be with materials of like kind (i.e. Bermuda sod with Bermuda sod, fescue seed with fescue seed, etc.). The Contractor is responsible for verifying the presence of irrigation systems and for coordinating relocation with the property owner. Mailboxes are to be reset or replaced in kind.

6. Under this scope, “Department”, “Engineer”, and “Resident Engineer” shall mean the

“City of Dunwoody, Georgia, Public Works Director or City of Dunwoody, Georgia or

Public Works Designee”.

7. Contractor shall have all vehicles marked with their company name.

8. The Contractor will conduct, at Dunwoody City Hall, one (1) overall contract pre-construction meeting shortly after award of the contract, and monthly progress meetings as outlined in Special Conditions Section Article 5.

9. The City of Dunwoody will not provide restroom facilities on site.

10. The Contractor shall perform project housekeeping/clean-up on a daily basis. A 24-hour contact must be provided to the City of Dunwoody for all issues as needed in regards to the project for any safety, signage, or other emergency as needed.

11. The Contractor shall obtain permission from any private property owner on whose property construction equipment may be parked. Failure to obtain permission from property owners may result in citations.

12. Inspections and testing will be performed by a qualified firm hired by the City. The

Contractor shall ensure that testing personnel is on site at all times when utilities are being backfilled and compacted or when fill is being placed beneath paving, curb and sidewalk areas. It is the responsibility of the Contractor to schedule and coordinate testing with the

City of Dunwoody.

13. If unsuitable soils are found, a recommendation is to be obtained by the on-site representative for their mitigation. Unsuitable soils removed without direction from the engineer will not be considered for reimbursement.

14. The Contractor shall provide supervision for the work and have a responsible foreman continuously on the job. There shall be at least one person in a position of responsibility on the site at all times who can communicate effectively in English.

15. All services provided by Contractor shall be performed in a workmanlike and professional manner to the satisfaction of the City. Contractor warrants that all material, equipment, and workmanship furnished hereunder shall be free from fault or defect and suitable in appearance without cracks or degradation and for the purposes for which they were installed, and agrees, at its expense, to promptly remedy any failure of such material, equipment, or workmanship to comply with such warranty, if such failure is discovered, and

Contractor is notified thereof in writing, within one (1) year following the issuance of the

Final Completion letter by the City.

16. Contractor shall adequately protect workers, land owners or tenants, adjacent property, and the public during construction operations. The Contractor shall plan and conduct the construction of the project to comply with local, state, and federal laws, rules and regulations and to exercise the highest degree of care to safeguard persons and property from injury.

Contractor will perform all services in compliance with applicable Federal Health and

Safety laws currently in effect. Neither the giving of such special instructions by the City

Representative nor the adherence thereto by Contractor shall relieve Contractor of the sole responsibility to maintain safe and efficient working conditions. Contractor shall require its employees to wear protective clothing, reflective vests, masks, eye protections, etc. during any operation as required or directed by applicable laws, regulations, ordinance, and/or direction by manufacturer of materials or equipment.

17. The successful Bidder will be permitted to sublet a portion of the work. However, the successful Bidder acting as Prime Contractor shall perform, with his own organization, work amounting to not less than thirty-five percent (35%) of the total contract cost, including materials, equipment, and labor. Purchase of materials and rental of equipment by the Prime

Contractor for use by a Subcontractor will not be allowed when computing the 35% limitation.

BID SCHEDULE LOCATIONS #1 AND #2

ITB-24-02 PHB INSTALLATION AT TWO LOCATIONS

LOCATION #1: NORTH PEACHTREE RD AT CHESNUT ELEMENTARY SCHOOL PHB INSTALLATION

ITEM

NO.

DESCRIPTION UNIT PLANS

QTY

UNIT PRICE EXTENDED

COST

ROADWAY ITEMS

150-1000 TRAFIC CONTROL – NORTH PEACHTREE RD

AT CHESNUT ELEMENTARY SCHOOL PHB

INSTALLATION

LS 1

210-0100 GRADING COMPLETE – NORTH PEACHTREE

RD AT CHESNUT ELEMENTARY SCHOOL PHB

INSTALLATION

LS 1

441-0104 CONC SIDEWALK, 4 IN SY 50

441-6222 CONC CURB & GUTTER, 8 IN X 24 IN, TP 2 LF 55

999-5200 DETECTABLE WARNING SURFACE LF 24

TRAFFIC SIGNAL/ITS ITEMS

639-3004 STEEL STRAIN POLE, TP IV (W/ 10' UPRIGHT

EXTENSION AND W/50 FT MAST ARM)

(FLUTED-BLACK FINISH) SPECIAL PROVISION

– LABOR ONLY

EA 1

647-1020 PHB INSTALLATION NO. 1 - NORTH

PEACHTREE ROAD

LS 1

682-2170 PULL BOX, TYPE 7 EA 1

682-6233 CONDUIT, NONMETL, TP 3, 2 IN LF 240

682-9950 DIRECTIONAL BORE - 9 IN LF 60

935-1512 OUTSIDE PLANT FIBER OPTIC CABLE, DROP,

SINGLE MODE, 12 FIBER

LF 125

935-3106 FIBER OPTIC CLOSURE, UNDERGROUND, 72

FIBER

EA 1

935-4502 FIBER PATCH PANEL, WALL MOUNT, 12 PORT EA 1

937-4100 PEDESTRIAN DETECTION SYSTEM NO. 1 -

NORTH PEACHTREE ROAD

LS 1

939-2300 FIELD SWITCH, TYPE A EA 1

939-2390 SFP FIBER MODULE, TYPE 1 EA 2

939-5010 ELECTRICAL POWER SERVICE ASSEMBLY

(AERIAL SERVICE POINT)

EA 1

SIGNING AND MARKING ITEMS

636-1033 HIGHWAY SIGNS, TP 1 MATL, REFL SHEETING,

TP 9

SF 20

636-1036 HIGHWAY SIGNS, TP 1 MATL, REFL SHEETING,

TP 11

SF 52

636-2070 GALV STEEL POSTS, TP 7 LF 112

653-1704 THERMOPLASTIC SOLID TRAF STRIPE, 24 IN,

WHITE

LF 24

653-1804 THERMOPLASTIC SOLID TRAF STRIPE, 8 IN,

WHITE

LF 220

653-3501 THERMOPLASTIC SKIP TRAF STRIPE, 5 IN,

WHITE

GLF 100

653-6004 THERMOPLASTIC TRAF STRIPING, WHITE SY 169

EROSION CONTROL ITEMS

163-0232 TEMPORARY GRASSING AC 0.25

163-0240 MULCH TN 0.5

165-0010 MAINTENANCE OF TEMPORARY SILT FENCE,

TP C

LF 100

171-0010 TEMPORARY SILT FENCE, TP C LF 100

700-9300 SOD SY 55

TOTAL BID – LOCATION #1: $_____________________________________

LOCATION #2: PERIMETER CENTER WEST NEAR MALL ENTRANCE PHB INSTALLATION

ITEM

NO.

DESCRIPTION UNIT PLANS

QTY

UNIT PRICE EXTENDED

COST

ROADWAY ITEMS

150-1000 TRAFIC CONTROL – PERIMETER CENTER WEST

NEAR MALL ENTRANCE PHB INSTALLATION

LS 1

210-0100 GRADING COMPLETE–PERIMETER CENTER

WEST NEAR MALL ENTRANCE PHB

INSTALLATION

LS 1

310-5060 GR AGGR BASE CRS, 6 INCH, INCL MATL TN 40

441-0104 CONC SIDEWALK, 4 IN SY 385

441-5002 CONCRETE HEADER CURB, 6 IN, TP 2 LF 55

441-5004 CONCRETE HEADER CURB, 10 IN, TP 4 LF 104

441-6216 CONC CURB & GUTTER, 8 IN X 24 IN, TP 2 LF 60

653-9999 SPECIAL EMPHASIS CROSSWALK - METHYL

METHACRYLATE (MMA) RED CROSSWALK

SY 60

999-5200 DETECTABLE WARNING SURFACE - BRICK

PAVERS

SF 96

TRAFFIC SIGNAL/ITS ITEMS

639-3004 STEEL STRAIN POLE, TP IV (W/35 FT MAST

ARM) (DARK GREEN FINISH) SPECIAL

PROVISION – LABOR ONLY

EA 1

639-3004 STEEL STRAIN POLE, TP IV (W/40 FT MAST

ARM) (DARK GREEN FINISH) SPECIAL

PROVISION – LABOR ONLY

EA 1

647-1020 PHB INSTALLATION NO. 1 - PERIMETER

CENTER WEST

LS 1

682-6233 CONDUIT, NONMETL, TP 3, 2 IN LF 625

682-9950 DIRECTIONAL BORE - 7 IN LF 255

935-1512 OUTSIDE PLANT FIBER OPTIC CABLE, DROP,

SINGLE MODE, 12 FIBER

LF 230

935-3106 FIBER OPTIC CLOSURE, UNDERGROUND, 48

FIBER

EA 1

935-4502 FIBER PATCH PANEL, WALL MOUNT, 12 PORT EA 1

936-4000 CCTV CAMERA SYSTEM, TYPE 1 EA 1

936-4903 CCTV MOUNTING ARM, TYPE 3 EA 1

937-4100 PEDESTRIAN DETECTION SYSTEM NO.1 -

PERIMETER CENTER WEST

LS 1

939-2300 FIELD SWITCH, TYPE A EA 1

939-2390 SFP FIBER MODULE, TYPE 1 EA 2

939-5020 ELECTRICAL POWER SERVICE ASSEMBLY

(UNDERGROUND SERVICE POINT)

EA 1

SIGNING AND MARKING ITEMS

610-9001 REM SIGN EA 1

611-5551 RESET SIGN EA 1

636-2070 GALV STEEL POSTS, TP 7 LF 171

636-1033 HIGHWAY SIGNS, TP 1 MATL, REFL SHEETING,

TP 9

SF 30

636-1036 HIGHWAY SIGNS, TP 1 MATL, REFL SHEETING,

TP 11

SF 72

653-1704 THERMOPLASTIC SOLID TRAF STRIPE, 24 IN,

WHITE

LF 70

653-1804 THERMOPLASTIC SOLID TRAF STRIPE, 8 IN,

WHITE

LF 278

LIGHTING ITEMS

680-4220 LIGHTING STD, 11-15 FT MH, POST-TOP

(FOUNDATION INSTALLATION ONLY)

EA 1

680-6140 LUMINAIRE, TP 3, LED (BY OTHERS) EA 0

682-1504 CABLE, TP RHH/RHW, AWG NO 10 (BY OTHERS) LF 0

682-6221 CONDUIT, NONMETL, TP 2, 1-1/2 IN LF 60

682-9020 ELECTRICAL JUNCTION BOX (INSTALLATION

ONLY)

EA 1

682-9950 DIRECTIONAL BORE - 2 IN LF 40

EROSION ITEMS

163-0550 CONSTRUCT AND REMOVE INLET SEDIMENT

TRAP

EA 2

163-0232 TEMPORARY GRASSING AC 1

163-0240 MULCH TN 1

165-0030 MAINTENANCE OF TEMPORARY SILT FENCE,

TP C

LF 280

165-0105 MAINTENANCE OF INLET SEDIMENT TRAP EA 2

171-0030 TEMPORARY SILT FENCE, TP C LF 280

643-8200 BARRIER FENCE (ORANGE), 4 FT LF 225

700-9300 SOD SY 70

TOTAL BID – LOCATION #2: $_____________________________________

GRAND TOTAL BID (LOCATION 1 & LOCATION #2: $_____________________________________

The Unit Price Bid Items provided for in the Bid Schedule are intended to be the only pay items under which the

Contractor will be compensated for work described above. The Contractor shall examine the requirements of the work and the pay items in the Bid Schedule and include in the unit prices submitted all labor, equipment, materials, appurtenances, overhead, profit, vehicles, and all other things incidental for the completion of the work as specified.

The City of Dunwoody requires pricing to remain firm for the duration of the contract. Failure to hold firm pricing for the term of the contract will be sufficient cause for the City to declare bid non-responsive.

Certification of Non-Collusion in Bid Preparation

Signature Date

Termination for Cause: The City may terminate this agreement for cause upon ten days prior written notice to the Contractor of the Contractor’s default in the performance of any term of this agreement. Such termination shall be without prejudice to any of the City’s rights or remedies by law.

Termination for Convenience: The City may terminate this agreement for its convenience at any time upon 30 days written notice to the Contractor. In the event of the City’s termination of this agreement for convenience, the Contractor will be paid for those services actually performed. Partially completed performance of the agreement will be compensated based upon a signed statement of completion to be submitted by the Contractor, which shall itemize each element of performance.

Termination for fund appropriation: The City may unilaterally terminate this Agreement due to a lack of funding at any time by written notice to the Contractor. In the event of the City's termination of this Agreement for fund appropriation, the

Contractor will be paid for those services actually performed. Partially completed performance of the Agreement will be compensated based upon a signed statement of completion to be submitted by the Service Provider which shall itemize each element of performance.

Acknowledgement is hereby made of the following Addendum(s) received since issuance of the Contract Documents

(identified by number)

Addendum No. Date Initial

In compliance with the attached specifications, the undersigned offers and agrees to furnish any or all of the items upon which prices are bid, at the price set opposite each item, within the time specified in the Bid Documents.

Legal Business Name

Federal Tax ID

Address

Does your company currently have a location within the City of Dunwoody? Yes No

Representative Signature

Printed Name

Telephone Number

Email Address

BID BOND

SECTION…