ITB 24_101627 _ Asphaltic Concrete Pavement R.pdf

Department of Purchasing and Contracting Maloof Administration Building, 1300 Commerce Drive, 2nd Floor, Decatur, Georgia 30030

May 20, 2024

INVITATION TO BID (ITB) NO. 24-101627

FOR

ASPHALTIC CONCRETE PAVEMENT REPAIRS

(THREE (3) YEAR MULTIYEAR CONTRACT)

DEKALB COUNTY, GEORGIA

Procurement Agent:

Email:

Mandatory DeKalb First LSBE Meeting:

(Bidders must attend 1 meeting on either of the dates listed.)

Yesenia Diaz ydiaz@dekalbcountyga.gov

May 22, 2024 and May 29, 2024 (Meetings are held at 10:00 a.m. and 2:00 p.m.)

For attendance instructions utilize the following link:

https://www.dekalbcountyga.gov/purchasing-contracting/general-information

Deadline for Submission of Questions:

Bid Opening:

Price Schedule Opening:

5:00 P.M. ET, May 31, 2024 3:00 P.M. ET, June 19, 2024; Via Zoom:

https://dekalbcountyga.zoom.us/j/2615458466?omn=86787954833

3 – 5 Business days after Bid Opening Validity of Bid: 120 Days

FIRM’S NAME AND ADDRESS:

(Street, City, State and Zip Code. Type or print):

Federal Tax ID No. ______________________________

ARE YOU A DEKALB COUNTY FIRM? Yes ____ No ____

TELEPHONE AND FAX NUMBERS WITH AREA

CODE:

Phone: __________________________________

Fax: ____________________________________

E-mail: __________________________________

SIGNATURE OF PERSON AUTHORIZED

TO SIGN BID AND DATE:

SIGNER’S NAME AND TITLE (Type of Print):

THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS BID TO THE DEPARTMENT OF

PURCHASING AND CRESPONSIBILITYLB COUNTY GOVERNMENT ON OR BEFORE THE STATED

DATE AND TIME WILL BE SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER.

ITB 24-101627

https://www.dekalbcountyga.gov/purchasing-contracting/general-information https://www.dekalbcountyga.gov/purchasing-contracting/general-information https://dekalbcountyga.zoom.us/j/2615458466?omn=86787954833

TABLE OF CONTENTS

Title Page No.

ADVERTISEMENT FOR BIDS 3

INSTRUCTIONS TO BIDDERS 5

REQUIRED DOCUMENTS CHECKLIST 14

ACKNOWLEDGEMENT OF BIDDER 16

BIDDER’S UNIT PRICE FORM 18

BID BOND ACKNOWLEDGEMENT AND BID BOND FORM 20

DEKALB FIRST LSBE INFORMATION WITH EXHIBITS 1 - 2 24

FIRST SOURCE JOBS ORDINANCE INFORMATION (WITH EXHIBITS 1 – 4) 33

CONTRACTOR AFFIDAVIT AND OATH OF SUCCESSFUL BIDDER 37

CONTRACTOR & SUBCONTRACTOR EVIDENCE OF COMPLIANCE: 38

CONTRACTOR REFERENCE AND RELEASE FORM 41

SUBCONTRACTOR REFERENCE AND RELEASE FORM 42

CERTIFICATE OF CORPORATE BIDDER 43

EXHIBIT I SAMPLE STANDARD CONTRACT FOR CONSTRUCTION 45

EXHIBIT II MINIMUM SPECIFICATIONS 106

EXHIBIT III DRAWINGS 124

ITB 24-101627

ADVERTISEMENT FOR BIDS

DEKALB COUNTY, GEORGIA

INVITATION NUMBER 24-101627

Sealed Bids will be received by DeKalb County, Georgia, in the Department of Purchasing and Contracting, The

Maloof Center, 2nd Floor, 1300 Commerce Drive, Decatur, Georgia 30030, until 3:00 p.m. on the 19th day of June, 2024, at which time and place they will be publicly opened and read aloud, for furnishing all labor, materials, equipment, and all things necessary pursuant to Drawings, Specifications, conditions, etc., for Invitation to Bid

No. 24-101627 Asphaltic Concrete Pavement Repairs (Three (3) Year Multiyear Contract) (“the Project”).

Bidder’s Unit Price Form shall be opened and read aloud 3 to 5 business days after Bid Opening. Bid documents, Drawings and Specifications can be downloaded at: http://www.dekalbcountyga.gov/purchasing-contracting/bids-itb-rfps.

SUBMIT ONE ORIGINAL BID PACKAGE (INCLUSIVE OF THE ENTIRE INVITATION TO BID

DOCUMENT AND REQUIRED DOCUMENTS WITH THE EXCEPTION OF THE BID PRICE FORM)

STAMPED “ORIGINAL”, AND ONE USB DRIVE WITH AN IDENTICAL COPY OF THE

“ORIGINAL” SEALED BID PACKAGE (WITH THE EXCEPTION OF THE BIDDER’S UNIT PRICE

FORM), TO THE ADDRESS LISTED ABOVE.

Contract Documents, Drawings, and/or Specifications for this Work are on file and open for inspection at the

Department of Purchasing and Contracting, The Maloof Center, 2nd Floor, 1300 Commerce Drive, Decatur, Georgia 30030.

A non-refundable payment may be required for a complete hard copy of said Bid documents.

QUESTIONS

All questions concerning the Project and requests for interpretation of the contract must be submitted to the

Department of Purchasing and Contracting in writing via email to Yesenia Diaz, Procurement Agent, at ydiaz@dekalbcountyga.gov. Questions and requests for information or clarification concerning the specifications in this ITB must be submitted to the above listed contact person via email no later than the date and time listed in the bid timetable. Questions and requests for interpretation received after the established deadline or sent to anyone other than the listed contact person will not receive a response or be the subject of addenda.

No Bid may be revoked or withdrawn until one hundred twenty (120) days after the time set for opening the Bids.

THE COUNTY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS, TO WAIVE

INFORMALITIES IN BIDDING, AND TO READVERTISE.

This ____day of____________, 20___.

DEKALB COUNTY, GEORGIA

By: ___________________________________ Yesenia Diaz Procurement Agent

Department of Purchasing and Contracting

INSTRUCTIONS TO BIDDERS

GENERAL

Sealed Bids will be received by DeKalb County, Georgia, in the Department of Purchasing and Contracting, The

Maloof Center, 2nd Floor, 1300 Commerce Drive, Decatur, Georgia 30030, until 3:00 p.m. on the 19th day of

June, 2024, for ITB No. 24-101627 Asphaltic Concrete Pavement Repairs (Three (3) Year Multiyear Contract) according to the Drawings and Specifications of the same title which are on file in the Department of Purchasing and Contracting, The Maloof Administration Building, 1300 Commerce Drive, 2nd Floor, Decatur, Georgia

30030. Bid Price Forms shall be opened and read aloud 3 to 5 business days after Bid Opening Date.

SUBMIT ONE ORIGINAL BID PACKAGE (INCLUSIVE OF THE ENTIRE INVITATION TO BID

DOCUMENT AND REQUIRED DOCUMENTS WITH THE EXCEPTION OF THE BID PRICE FORM)

STAMPED “ORIGINAL”, AND ONE USB DRIVE WITH AN IDENTICAL COPY OF THE

“ORIGINAL” SEALED BID PACKAGE (WITH THE EXCEPTION OF THE BIDDER’S UNIT PRICE

FORM), TO THE ADDRESS LISTED ABOVE.

Bids will be considered only from experienced and well-equipped contractors. Prior to beginning construction, the successful Bidder will file with the County a Performance Bond and a Payment Bond, each equal to 100% of the Contract Price, with the terms and surety to be approved by the County; and furnish satisfactory proof of carriage of the insurance required.

SUBMITTING BIDS

Bids are to be submitted on the proper unaltered forms, and shall be addressed to the DeKalb County Department of Purchasing and Contracting, The Maloof Center, 2nd Floor, 1300 Commerce Drive, Decatur, Georgia 30030, sealed, dated and enclosed in an envelope or package appropriately marked on the outside with the name of the

Bidder, the date and hour of opening, and the Invitation to Bid Number and Project Name.

FAILURE TO SUBMIT THE BIDDER’S UNIT PRICE FORM IN A SEPARATE SEALED ENVELOPE

SHALL DEEM THE BID NON-RESPONSIVE. INCLUDING THE PRICING IN ANY AREA OUTSIDE

OF ITS SEPARATE, SEALED ENVELOPE WILL RESULT IN BIDDER’S BID BEING DEEMED NON-

RESPONSIVE.

It is the responsibility of each Bidder to ensure that its submission is received by 3:00 p.m. on the bid due date.

The time/date stamp clock located in the Department of Purchasing & Contracting shall serve as the official authority to determine lateness of any bid. The bid opening time shall be strictly observed. Be aware that visitors to our offices will go through a security screening process upon entering the building. Bidders should plan enough time to ensure that they will be able to deliver their submission prior to our deadline. Late submissions, for whatever reason, will not be evaluated. Bidders should plan their deliveries accordingly. Telephone or fax bids will not be accepted.

* Special Note: While the Maloof Administration Building remains closed to the public, the security desk will accept hand-delivered bids on behalf of the Department of Purchasing and Contracting. The Bidder should request a bid receipt as verification that the bid was submitted by the prescribed due date and time.

PRICE OPENING

Bidder’s Unit Price Form openings shall be conducted in the Department of Purchasing and Contracting three (3) to five (5) days after the bid opening. Only the Unit Price Forms of responsive bidders shall be opened. The

County reserves the right to decide which bid(s) will be deemed responsive and said determination shall be made in accordance with the requirements stated in this solicitation.

BUSINESS LICENSE

Bidders shall submit a copy of its’ current, valid business license with its Bid or upon award. If the Bidder is a

Georgia corporation, Bidder shall submit a valid county or city business license. If Bidder is a joint venture, Bidder shall submit valid business licenses for each member of the joint venture. If the Bidder is not a Georgia corporation, Bidder shall submit a certificate of authority to transact business in the state of Georgia and a copy of its current, valid business license issued by its home jurisdiction. If Bidder holds a professional license, then

Bidder shall submit a copy of the valid professional license. Failure to provide the business license, certificate of authority, or professional license required by this section, may result in the proposed Bid being deemed non-responsive.

GENERAL CONTRACTOR’S LICENSE NUMBER

As required by O.C.G.A. § 43-41-6, et seq., a Bidder responding to this Invitation to Bid must provide a copy of its Georgia General Contractor’s License with its Bid. The Georgia General Contractor’s License must be issued in the name of the Bidder or in the name of its qualifying agent. If a proposed Bidder is relying upon a qualifying agent’s Georgia General Contractor’s License, then the name of the proposed Bidder must be set forth on the license as an affiliated business organization/dependent licensee. All licenses must be current, valid, and issued in compliance with applicable law. Failure to provide this license with the Bid will result in the proposed Bid being deemed non-responsive.

QUESTIONS, ADDENDA AND INTERPRETATION

Questions must be submitted to the Department of Purchasing and Contracting in writing via email to ydiaz@dekalbcountyga.gov . Questions and requests for information or clarification concerning the specifications in this ITB must be submitted to the above listed contact person via email no later than the date and time listed in the bid timetable. Questions and requests for interpretation received after the above stated time or sent to anyone other than the listed contact person will not receive a response or be the subject of addenda. For questions and requests for interpretation, each response shall be given in written addendum, separately numbered and dated, and published on the County website in sufficient time for interested parties to review. No responses to requests, answers to specification questions, or additional information shall be acknowledged after May 31, 2024.

ACKNOWLEDGMENT OF ADDENDA

Addenda may be issued in response to changes in the Invitation to Bid. Addenda must be acknowledged by signing and returning the Addendum Acknowledgement with the Bid. Acknowledgments must be received by the County by the Bid opening time and date. Failure to properly acknowledge any addendum may result in the proposed Bid being deemed non-responsive. Bidder may call Yesenia Diaz at (404) 371-2019 or send an email to ydiaz@dekalbcountyga.gov to verify the number of addenda prior to submission. All addenda issued for this

Project may be found on DeKalb County’s website, https://www.dekalbcountyga.gov/purchasing-contracting/bids-itb-rfps.

AUTHORITY TO SIGN

If a Bid is submitted by an individual, his/her name and mailing address must be shown. If submitted by a corporation, partnership, or joint venture, the name and physical mailing address of each member of the corporation, partnership, or joint venture must be shown. If submitted by a corporation, the Certificate of

Corporate Bidder in the form attached to the Bid Document Package must be executed and submitted with the

Bid. If submitted by a joint venture, the Certificate of Authority – Joint Venture in the form attached to the Bid

Document Package must be executed and submitted with the Bid. A post office box is not acceptable as a physical

ITB 24-101627

mailto:ydiaz@dekalbcountyga.gov mailto:ydiaz@dekalbcountyga.gov https://www.dekalbcountyga.gov/purchasing-contracting/bids-itb-rfps https://www.dekalbcountyga.gov/purchasing-contracting/bids-itb-rfps mailing address. The legal and proper name of the proprietorship, corporation, or partnership submitting the Bid shall be printed or typed in the space provided on the appropriate form.

BID GUARANTEE TO ACCOMPANY BID

Each Bid must be accompanied by a Bid Guarantee in an amount of not less than ten percent (10%) of the amount of the Bid. The Bid Guarantee may be in the form of an official bank check payable to DeKalb County, or a Bid

Bond in the form provided in the Bid Document Package. The Bid Bond shall be issued by a surety company licensed to write bonds in the State of Georgia, listed in the most current U.S. Treasury Circular No. 570, and have a current A.M. Best rating of "A" (Excellent) with a Financial Size Category of XII or better.

THE BID GUARANTEE SHALL NOT BE INCLUDED IN THE SEPARATE SEALED ENVELOPE

WITH THE BIDDER’S UNIT PRICE FORM.

VALID INSURANCE, BONDS, LICENSES, PERMITS, AND CERTIFICATES

Bidder shall ensure that any bond, bid bond, payment bond, performance bond, insurance, license, permit or certificate submitted in response to this Invitation to Bid or as part of the Contract for this Project shall be current and valid when submitted, and shall remain valid, current and maintained in good standing for the Contract Term.

BUILDERS’ RISK INSURANCE COVERAGE

DeKalb County shall procure and maintain Builders Risk Insurance on the entire work which provides “All-risk” form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by flood), and such other perils or causes of loss as may be specifically required by Supplementary Conditions) until Final

Completion and Acceptance of the Project. Such policy of insurance shall contain at least the following sub-limits of insurance and deductibles:

Sub-limits:

Property in Transit $1,000,000 Property in Offsite Storage $1,000,000 Plans & Blueprints $25,000 Debris Removal 25% of Insured Physical

Loss Delay in Completion / Soft Cost TBD

Ordinance of Law (Increased Cost of Construction) $1,000,000 Flood and Earthquake TBD – Full Contract Value Deductibles:

Flood and Earthquake $25,000 Water Damage other than Flood $100,000 All other Perils $10,000

RIGHTS RESERVED

The County reserves the right to reject any or all Bids, to waive informalities, and to re-advertise. The County reserves the right to decide which Bid will be deemed lowest, responsive and responsible. For consideration as a responsible Bidder, the proposed Bidder shall, among other qualifications, demonstrate in its Bid that it has been the general contractor engaged in construction and successful completion of facilities of similar character and magnitude for at least three (3) years, and shall demonstrate the financial ability to perform the required Work.

Bidder may be required to submit evidence setting forth qualifications which entitle him to consideration as a responsible Bidder. A list of work of similar character successfully completed within the last three (3) years may be required as set forth in the Invitation to Bid giving the location and size of each project. Bidder shall complete the Reference and Release Form attached to the Bidder Document Package. In addition, the Bidder shall submit upon request by the County, a list of equipment available for use on this Work with its Bid. Any additions, conditions, limitations, or provisions attached to the Bid shall render it informal and will be cause for rejection as non-responsive. No Bid may be revoked or withdrawn until one hundred twenty (120) days after the time set for opening the Bids.

AWARD OF CONTRACT

The Contract, if awarded, will be awarded to that responsible Bidder whose responsive Bid will be most advantageous to the County, price and other factors considered. The County is entitled to make the determination in its sole discretion. The Contract between the County and the Contractor shall be executed in the form attached to the Bid Document Package as Exhibit I, and shall form a binding contract between the contracting parties. A

Performance Bond and a Payment Bond, each equal to 100% of the Contract Price, must be provided by the successful Bidder, issued in proper form by a surety company licensed to write bonds in the State of Georgia, listed in the most current U.S. Treasury Circular No. 570, and which has a current A.M. Best rating of "A"

(Excellent) with a Financial Size Category of XII or better. Bonds given shall meet the requirements of the law of the State of Georgia including, but not limited to, O.C.G.A. §13-10-1 and §36-91-21 et seq.

FAILURE TO EXECUTE CONTRACT

The County shall have one hundred twenty (120) days after the time set for openings of Bids to notify a Bidder of the County’s acceptance of the Bid and its intent to award the Contract to such Bidder. If the County so notifies a Bidder and the Bidder fails to enter into the Contract in the form attached to the Bid Document Package within ten (10) days of receiving such notice, or fails within that time to provide the required Payment and Performance

Bonds and proof of required insurance, the amount of the Bid Bond or other Bid Guarantee shall be paid over to the County. The acceptance of the payment of the Bid Bond shall not operate to bar any claim the County might otherwise have against the Bidder, and the County shall be authorized to pursue any claim against the Bidder for failure to consummate the Contract as may be authorized by law.

TIME

Construction must begin within ten (10) days from the date the Contractor acknowledges receipt of the Notice to

Proceed, by signing and inserting the acknowledgement date on the Notice to Proceed. Contractor shall fully complete the Work within 1095 days from receipt of the written Notice to Proceed unless an extension of the

Contract Time has been obtained by Change Order, as defined in the Contract, prior to the expiration of the

Contract Term as defined in the Contract.

LOCATIONS AND SITE

The site of the proposed Work is at the stated location(s) within DeKalb County, Georgia. By submitting a Bid, the Bidder accepts the site in its present condition and agrees, if awarded the Contract, to carry out all Work in accordance with the requirements of the Contract, the Specifications and as shown on the Drawings. The Bidder shall, before submitting a Bid, visit the site and acquaint itself with the actual conditions and the location of any or all obstructions that may exist on the site. The documents comprising the Contract contain the provisions required for the completion of the Work to be performed pursuant to this Contract. Information obtained from an officer, agent, or employee of the County, or any other person shall not affect the risks or obligations assumed by the Contractor or relieve it from fulfilling any of the conditions of the Contract. Each Bidder, prior to submitting his Bid, is responsible for inspecting the site and for reading and being thoroughly familiar with all of the documents comprising the Contract and Bid Document Package. The failure or omission of any Bidder to so familiarize himself shall in no way relieve any Bidder from any obligation in respect to his Bid. The Contractor shall inspect all easements and rights-of-way to ensure that the County has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract. The Contractor shall comply with all stipulations contained in easements acquired by the County. If applicable to the Work, all easements and rights-of-way documents are available for inspection in the office of DeKalb County Public Works – Roads &

Drainage Division. The Contractor shall not be entitled to damages and agrees not to make any claim against the

County, its officials or employees for the failure to obtain necessary interests in land for this Project. The

Contractor shall accurately locate above-ground and below-ground utilities and structures which may be affected by the Work using whatever means may be appropriate.

DEKALB FIRST LOCAL SMALL BUSINESS ENTERPRISE (LSBE) ORDINANCE

It is the objective of the Chief Executive Officer and Board of Commissioners of DeKalb County to provide maximum practicable opportunity for all businesses to participate in the performance of government contracts.

The current DeKalb County List of Certified Vendors may be found on the County website at https://lsbecertification.info/pages/Directory/SearchPublic.jsp

It is required that all responding Bidders attend the mandatory LSBE meeting within two weeks of the solicitation’s advertisement, and comply, complete and submit all LSBE forms with the Bidder’s response in order to remain responsive. Participation is available via video and/or audio conferencing. Instructions for participation via video and/or audio conferencing can be found on the County’s website at https://www.dekalbcountyga.gov/purchasing-contracting/dekalb-first-lsbe-program.

For further details regarding the DeKalb First Local Small Business Enterprise Ordinance, contact the LSBE

Program representative at DeKalbFirstLSBE@dekalbcountyga.gov or (404) 371-4770.

FEDERAL WORK AUTHORIZATION PROGRAM PARTICIPATION

All qualifying Contractors and Subcontractors performing work with DeKalb County, Georgia must register and participate in the federal work authorization program to verify the work eligibility information of new employees.

In order for a Bid to be considered, it is mandatory that the Bidder’s Affidavit of Compliance with O.C.G.A. §13-

10-91 be completed and submitted with the Bid.

GEORGIA OPEN RECORDS ACT

Without regard to any designation made by the person or entity making a submission, DeKalb County considers all information submitted in response to this invitation or request to be a public record that will be disclosed upon request pursuant to the Georgia Open Records Act, O.C.G.A. §50-18-70 et seq., without consulting or contacting

ITB 24-101627

https://lsbecertification.info/pages/Directory/SearchPublic.jsp https://www.dekalbcountyga.gov/purchasing-contracting/dekalb-first-lsbe-program https://www.dekalbcountyga.gov/purchasing-contracting/dekalb-first-lsbe-program mailto:DeKalbFirstLSBE@dekalbcountyga.gov the person or entity making the submission, unless a court order is presented with the submission. You may wish to consult an attorney or obtain legal advice prior to making a submission.

FIRST SOURCE JOBS ORDINANCE

The DeKalb County First Source Jobs Ordinance requires contractors or beneficiaries entering into any type of agreement with the County, including purchase orders, regardless of what they may be called, for the procurement or disposal of supplies, services, construction projects, professional or consultant services, which is funded in whole or part with County funds or County administered funds in which the contractor is to receive $50,000 or more in County expenditures or committed expenditures and recipient of urban redevelopment action grants or community development block funds administered in the amount of $50,000 or more make a good faith effort to hire DeKalb County residents for at least 50% of jobs using the First Source Registry (candidate database). The work to be performed under this contract is subject to the provisions of the DeKalb County First Source Jobs

Ordinance. Please complete the First Source Jobs Ordinance Acknowledgement and New Employee Tracking

Form included on page 34, First Source Jobs Ordinance (with Exhibits 1 – 4) and submit with the responder’s proposal.

For more information on the First Source Jobs Ordinance requirement, please contact WorkSource DeKalb at www.worksourcedekalb.org or 404-687-3400.

ETHICS RULES

Bidders are subject to the Ethics provision within the DeKalb County Purchasing Policy; the Organizational Act, Section 22A, the Code of DeKalb County; and the rules of Executive Order 2014-4. Any violations will be addressed pursuant to these policies and rules.

To the extent that the Organizational Act, Section 22A, the Code of DeKalb County, and the rules of Executive Order 2014-4 allow a gift, meal, travel expense, ticket, or anything else of value to be purchased for a CEO employee by a contractor doing business with the County, the contractor must provide written disclosure, quarterly, of the exact nature and value of the purchase to the Chief Integrity Officer, if created, or the Finance Director or his/her designee. Every contractor conducting business with the County will receive a copy of these ethical rules at the time of execution of the contract.

COOPERATIVE PROCUREMENT

The County through the Department of Purchasing and Contracting may permit piggybacks to this contract from other city, county, local authority, agency, or board of education if the vendor will extend the same prices, terms, ITB 24-101627 http://www.dekalbworkforce.org/ and conditions to the governmental entity. Piggybacking shall only be available where competition was used to secure the contract and only for a period of 12 months following entry, renewal or extension of the contract. This provision shall not apply to any contract where otherwise prohibited or mandated by state law.

DEKALB COUNTY, GEORGIA'S TITLE VI POLICY STATEMENT

DeKalb County, Georgia is committed to compliance with Title VI of the Civil Rights Act of 1964 and all related regulations and directives. DeKalb County assures that no person shall on the grounds of race, color, sex, or national origin, as provided by Title VI of the Civil Rights Act of 1964, the Federal-Aid Highway Transportation Act of 1973, and the Civil Rights Restoration Act of 1987 be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity. DeKalb County further assures that no person shall on the grounds of age, low income, disability, sexual orientation or gender identity be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity.

DeKalb County assures every effort will be made to ensure nondiscrimination in all of its programs and activities, whether those programs and activities are federally funded or not. In addition, DeKalb County will take reasonable steps to provide meaningful access to services for persons with Limited English Proficiency (LEP).

RIGHTS RESERVED - AWARDS

The County reserves the right to make one (1) award or multiple awards. The County is under no obligation to exclusively award this work to a single bidder nor is the County bound to a minimum contract amount.

STANDARD COUNTY CONTRACT

The attached sample contract is the County’s standard contract document, which specifically outlines the contractual responsibilities. All bidders should thoroughly review the document prior to submitting a bid.

Any proposed revisions to the terms or language of this document must be submitted in writing with the bidder’s bid. Since proposed revisions may result in a bid being rejected if the revisions are unacceptable to the County, bidders should review any proposed revisions with an officer of the firm having authority to execute the contract. No alterations can be made in the contract after award by the Board of Commissioners.

REQUIRED DOCUMENTS CHECKLIST

Bidder shall complete and submit the following documents with their bid:

Bid Page No. Title

Check This Box If Included With Bid

14-15 Required Documents Checklist

16 Acknowledgement of Bidder*

17-19 Bidder’s Unit Price Form submitted in a Separate, Sealed Envelope and clearly labeled as “Unit Price Form” *

20-23 Bid Bond Acknowledgement and Bid Bond Form*

26-32 LSBE Information with Exhibits 1 and 2 *

33 First Source Jobs Acknowledgement Form*

34 New Employee Tracking Form

37 Contractor Affidavit and Oath of Successful Bidder

39 Contractor Affidavit under O.C.G.A. §13-10-91 *

40 Subcontractor Affidavit, under O.C.G.A. §13-10-91 if applicable **

41 Contractor Reference and Release Form*

42 Subcontractor Reference and Release Form, if applicable**

43 Certificate of Corporate Bidder

44 Certificate of Authority – Joint Venture, if applicable

- General Contractors License

- A copy of current, valid Business License

- Acknowledgements of all addenda issued to this ITB and any exceptions to the sample County contract

* If these mandatory forms are not completed and submitted with the bid, the bidder will be deemed non-responsive.

**These forms are applicable if a subcontractor will be utilized to fulfill the requirements of this contract. If these forms are applicable, they must be completed and submitted with the bid.

Failure to submit these forms, if applicable, will result in the bidder’s bid being deemed non-responsive.

ITB 24-101627

file:///%5C%5Cisfscluster1%5CPurchasingContracting%5CPUData%5CTeam%20A%5CTeam%20Projects%5CProjects%20by%20Agents%5CYesenia%20Diaz%5CITBs%5CITB%2024-101627%20Asphaltic%20Concrete%20Pavement%20Repairs%20REBID%5C1.%20Bid%20Prep%5CITB%2024-101627%20-%20Asphaltic%20Concrete%20Pavement%20Repairs_(cc%20review%203.10.24)(yr%205.2.24).docx%23_BID_BOND_1

I, the undersigned, acknowledge that I have included the requested documents as listed above.

Printed Name Signature

ACKNOWLEDGEMENT OF BIDDER

I ___________________________ have had the opportunity to review and have reviewed this Bid Document Package dated ________, 20___ in its entirety and I agree that it is accurate and complete. I_______________________ am duly and properly in office and I am fully authorized and empowered to execute this Acknowledgment for and on behalf of the Contractor.

By: ______________________(SEAL) Signature

Name (Typed or Printed)

Title

Name of Business

Federal Tax I.D. Number

Signature

ATTEST:

Name (Typed or Printed)

Title

BIDDER’S UNIT PRICE FORM

***NEW–BIDDER’S UNIT PRICE FORM MUST BE SUBMITTED IN A SEPARATE SEALED

ENVELOPE OR BIDDER WILL BE DEEMED NON-RESPONSIVE AND WILL NOT BE

CONSIDERED FOR AWARD***

TO: The Governing Authority of DeKalb County, Georgia

The undersigned, as Bidder, declares that he has carefully examined ITB No. 24-101627 Asphaltic Concrete

Pavement Repairs (Three (3) Year Multiyear Contract), an annexed proposed form of Contract, the Specifications therein contained, and the Drawings therein referred to, and that he proposes and agrees that if his Bid is accepted, to provide the necessary machinery, tools, apparatus, and other means of construction, and will furnish all materials and labor specified in the Contract, or called for by the Drawings, or necessary to complete the Work in the manner therein specified within the time specified, as therein set forth for the unit prices on the form following this page. If the Bidder’s Unit Price exceeds one page in length it should be completed in an excel format, typewritten, printed out and attached hereto. Handwritten Unit Prices exceeding one page in length may not be accepted and may result in the proposed Bid being deemed non-responsive.

BIDDER’S UNIT PRICE FORM

ITEM

NO.

ITEM DESCRIPTION

ESTIMATED

NUMBER OF

UNITS

(3 YEARS)

UNIT OF

MEASURE

UNIT

PRICE

TOTAL AMOUNT

1. Pothole/Utility cut patching hand work. 24,045 TN

2. Pothole/Utility cut patching, utilizing spreader. 30,678 TN

3. Sub-Grade Work (GAB/Stone Backfill) Deep Patching 50,425 CY $ _____________ $______________

4. Roadway Milling up to 6 inches Depth 85,879 SY $ _____________ $______________

5. Roadway Milling > 6 inches Depth (2 inch increments) 48,685 SY $ _____________ $______________

6. Solid Traffic Stripe White and Yellow 5 inch 52,416 LF $ _____________ $______________

7. Skip Traffic Stripe White and Yellow 5 inch 40,967 LF $ _____________ $______________

8. Traffic Control GDOT and Arterial Roadways 155 Day $ _____________ $______________

9. Traffic Calming Devices 3,001 SF $ _____________ $______________

10. After Hours – Pothole/Utility Cut Patching Hand Work 2,333 TN $ _____________ $_______________

11. After Hours – Pothole/ Utility Cut Patching Utilizing Spreader 2,333 TN $ _____________ $______________

12.

After Hours – Sub-Grade Work (GAB/Stone Backfill) Deep Patching

3,600 CY $ _____________ $______________

13. After Hours – Roadway Milling up to 6 inches Depth 5,000 SY $ _____________ $______________

14.

After Hours – Roadway Milling > 6 inches Depth (2- inch increments)

5,000 SY $ _____________ $______________

15. After Hours – Solid Traffic Stripe White and Yellow 5 inch 14,000 LF $ _____________ $______________

16. After Hours – Skip Traffic Stripe White and Yellow 5 inch 14,000 LF $ _____________ $______________

CONCRETE CAPS

17. Pavement Saw Cutting (Up to 10” Thick) 6,500 LF $ _____________ $______________

18.

Pavement Saw Cutting 2” Increments (Greater than 10” Thick)

500 LF $ _____________ $______________

19. 3000 PSI High Early Concrete 1,750 CY $ _____________ $______________

20. 4500 PSI High Early Concrete 1,900 CY $ _____________ $______________

21. 5000 PSI High Early Concrete 2,500 CY $ _____________ $______________

22. Removal of Unsuitable Soil 2,750 CY $ _____________ $______________

TOTAL COST

TOTAL BID:

(State in words on the line above) (In figures)

These quantities are approximate and may be increased or decreased as to any and all units as necessary to complete the construction of said Project without entitling the Contractor to any claim for extra compensation because of any injury, damage or delay he may sustain on account of such increase or decrease. The Contractor shall be entitled to compensation on the foregoing unit prices only on the quantities of materials actually furnished and work actually done as determined and approved in writing by the County through an inspection of the work completed. In no event shall the County be liable for payment in excess of the total Bid without proper prior written authorization via Change Order from the County. The Total Bid includes and encompasses the cost of all labor, materials, equipment, tools, supervision, scheduling, safety program, coordination, engineering, testing, surveys, layout, cleanup, and other things and services required to complete the entire Project in strict conformity with the Drawings, Specifications, the Contract, and all addenda and authorized written clarifications issued prior to the Bid date. Without limitation, the Total Bid also includes all applicable sales and use taxes, fees, temporary lighting, security for the site, heating and cooling, temporary utilities, freight costs, handling costs, permit costs, field and main office costs, bond premiums, insurance premiums, direct and indirect administrative costs, overhead, and profit.

Bidder has examined the site of the proposed Work and all documents comprising the Contract, and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the Contract.

No Bid may be revoked or withdrawn until one hundred twenty (120) days after the time set for opening the Bids.

BID BOND ACKNOWLEDGEMENT AND BID BOND FORM

BID BOND ACKNOWLEDGEMENT

Attached hereto is Bid Bond made by

, a surety company listed in the most recent US Treasury Circular

No. 570 and licensed to write surety bonds in the State of Georgia, payable to DeKalb County, Georgia (or an official bank check), in the amount of ten percent (10%) of the Bid.

If this Bid shall be accepted by DeKalb County and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of the insurance required, as stated in the Instructions to Bidders within ten (10) days from the Notice of

Award of the Contract, then the County may at its option, determine that the undersigned abandoned the Contract and thereupon this Bid shall be null and void, and the sum stipulated in the attached Bid Bond (or an official bank check) shall be forfeited to the County as liquidated damages.

Bidder declares his intent to subcontract the portion of the Work as below stated. Bidder understands and agrees that the use of any Subcontractor not listed below shall be strictly prohibited without prior written approval from the County. (List names of all subcontractors and the work to be provided by the subcontractor on the lines provided below.)

Bidder further declares that the full names and residence addresses of all persons and parties interested in the foregoing Bid as principals are as follows:

Bidder declares further that it is / is not a DeKalb County Firm.

Signed, sealed, and dated this day of , 20 .

By:___________________________(SEAL) Signature

Print Name of Signer

Title of Signer

Name of Business Entity Submitting Bid

Bidder’s Street Address

Bidder’s City, State and Zip Code

Bidder’s Phone Number

Bidder’s Fax Number

Bidder’s E-Mail Address

BID BOND FORM

KNOW ALL MEN BY THESE PRESENT, that we, (hereinafter called the

Principal) and (hereinafter called the Surety), a corporation chartered and existing under the laws of the State of

_________________________with its principal offices in the City of , ___________________ and listed in the Federal Register and licensed to write surety bonds in the State of

Georgia, are held and firmly bound unto DeKalb County, Georgia, in the full and just sum of 10% of the

Principal’s Bid good and lawful money of the United States of America, to be paid upon demand of DeKalb

County, Georgia, to which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, and assigns, jointly and severally and firmly by these presents.

WHEREAS, the Principal is about to submit, or has submitted to DeKalb County, Georgia, a Bid for ITB No.

24-101627 Asphaltic Concrete Pavement Repairs (Three (3) Year Multiyear Contract).

WHEREAS, the Principal desires to file this Bond in accordance with law to accompany this Bid.

NOW, THEREFORE, the conditions of this obligation are such that if the Bid be accepted within one hundred twenty (120) days of the Bid opening, the Principal shall execute a Contract in accordance with the Bid and upon the terms, conditions, and prices set forth therein, and in the form and manner required by DeKalb County, Georgia, and within ten (10) days from the date of Notice of Award of the Contract, execute a sufficient and satisfactory Performance Bond and Payment Bond payable to DeKalb County, Georgia, each in an amount of one hundred percent (100%) of the total Contract Price, in form and with security satisfactory to DeKalb County and furnish satisfactory proof of the insurance required, then this obligation to be void; otherwise, to be and remain in full force and virtue in law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid DeKalb County, Georgia, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

IN TESTIMONY THEREOF, the Principal and Surety have caused these presents to be duly signed and sealed this day of , 20 .

PRINCIPAL

By: _______________________________(SEAL) Signature of Principal

Print Name and Title of Authorized Signer

Print Name of Principal Business

ATTEST:

Corporate Secretary

SURETY

By: ________________________________(SEAL) Signature of Surety (by Power of Attorney)

Print Name and Title of Authorized Signer

Print Name of Surety Business

WITNESS:

DEKALB FIRST LSBE INFORMATION WITH EXHIBITS 1 - 2

SCHEDULE OF LOCAL SMALL BUSINESS ENTERPRISE PARTICIPATION

OPPORTUNITY TRACKING FORM

The Chief Executive Officer and the Board of Commissioners of DeKalb County believe that it is important to encourage the participation of small and local businesses in the continuing business of County government; and that the participation of these types of businesses in procurement will strengthen the overall economic fabric of DeKalb County, contribute to the County’s economy and tax base, and provide employment to local residents.

Therefore, the Chief Executive Officer and the Board of Commissioners have made the success of local small businesses a permanent goal of DeKalb County by implementing the DeKalb First Local Small Business Enterprise Ordinance.

PROVISIONS OF DEKALB FIRST LOCAL SMALL BUSINESS ENTERPRISE (LSBE) ORDINANCE

Percentage of LSBE Participation Required 20% of Total Award

Certification Designation Request For Proposals

(RFP)

LSBE Within DeKalb (LSBE- DeKalb)

Ten (10) Preference Points

LSBE Outside DeKalb (LSBE-

MSA)

Five (5) Preference Points

Demonstrated GFE Two (2) Preference Points

Certified Local Small Business Enterprises (LSBEs) located within DeKalb County and prime contractors utilizing LSBEs that are locally-based inside DeKalb County shall receive ten (10) points in the initial evaluation of their response to any Request for Proposal. Certified LSBEs located outside of DeKalb County but within the nine (9) County Metropolitan Statistical Area (MSA) consisting of Cherokee, Clayton, Cobb, Douglas, Fayette, Fulton, Gwinnett, Henry and Rockdale Counties shall receive five (5) points in the initial evaluation of their response to any Request for Proposal. Prime Contractors who demonstrate sufficient good faith efforts in accordance with the requirements of the ordinance shall be granted two (2) points in their initial evaluation of responses to any Request for Proposal. Pro-rated points shall be granted where a mixture of LSBE-DeKalb and LSBE MSA firms are utilized. Utilization of each firm shall be based upon the terms of the qualified sealed solicitation.

Prime Contractor(s) deemed responsible and remains responsive to an Invitation to Bid (ITB) because they are either a certified LSBE-DeKalb or LSBE-MSA firm or has obtained 20% participation of an LSBE-DeKalb or LSBE-MSA firm, submits the lowest bid price shall be deemed the lowest, responsive and responsible bidder.

Prime Contractor(s) deemed responsible and remains responsive to an Invitation to Bid (ITB) and documented good faith efforts, submits a lower bid price than a Prime Contractor that achieved 20% LSBE participation, or otherwise required benchmark, then the Prime Contractor who actually met the benchmark will be given the opportunity to match the lowest bid price of the Prime Contractor who only made good faith efforts. Prime Contractor(s) who choose not to match the lowest bid price, then the Prime Contractor who made the good faith efforts will be deemed the lowest, responsive and responsible bidder.

For all qualified sealed solicitations, the Director of Purchasing and Contracting, DeKalb County Government, shall determine if the bidder/proposer has included written documentation showing that at least twenty percent (20%) of the total contract award will be performed by a certified LSBE. This written documentation shall be in the form of a notarized Schedule of LSBE Participation (Attached hereto as “Exhibit 1”.) For all contracts, a signed letter of intent from all certified LSBEs describing the work, material, equipment and/or services to be performed or provided by the LSBE(s) and the agreed upon percentage shall be due with the bid or proposal documents and included with “Exhibit 1”. The certified vendor list establishes the group of Certified LSBE’s from which the bidder/proposer must solicit subcontractors for LSBE participation. This list can be found on our website http://www.dekalbcountyga.gov/purchasing-contracting/about-purchasing-and-contracting or obtained from the Special Projects LSBE Program team.

Prime Contractors failing to meet the LSBE benchmark must document and demonstrate Good Faith Efforts in accordance with the attached “Checklist for Good Faith Efforts” portion of “Exhibit 1.” The notarized Schedule of LSBE Participation shall be due and submitted with each bid or proposal. Failure to achieve the LSBE benchmark or demonstrate good faith efforts shall result in a bid or proposal being rejected. Prime Contractors that fail to attend the mandatory LSBE meeting in person or via video conference shall mean that the Prime Contractor has not demonstrated sufficient good faith efforts and its bid or proposal if submitted, shall be deemed non-responsive without any further review.

Upon award, Prime Contractors are required to submit a report detailing LSBE Sub-Contractor usage with each request for payment and not less than on a monthly basis. Prime Contractors shall ensure that all LSBE sub-contractors have been paid within seven (7) days of the Prime’s receipt of payment from the County. Failure to provide requested reports/documentation shall constitute a material breach of contract, entitling the County to terminate the Contract for default or pursue other remedies. LSBE sub-contractors must confirm payments received from the Prime(s) for each County contract they participate in.

For eligible bids/proposals valued over $5,000,000.00, the Mentor-Protégé provision of the Ordinance shall apply.

Prime Contractors must agree to become mentors and take on an LSBE protégé in an effort to enhance the potential of future LSBEs. Qualifying projects shall be performed by both Mentor and Protégé through a subcontract between both parties. This requirement is in addition to all other applicable sections of the DeKalb First Ordinance. Please review the ordinance, section 2-214 or contact the LSBE Program Representative for detailed information regarding this initiative.

ITB 24-101627

http://www.dekalbcountyga.gov/purchasing-contracting/about-purchasing-and-contracting

EXHIBIT 1

SCHEDULE OF DEKALB FIRST LOCAL SMALL BUSINESS ENTERPRISE PARTICIPATION

OPPORTUNITY TRACKING FORM

As specified, Bidders and Proposers are to present the details of LSBE participation below:

PRIME BIDDER/PROPOSER___________________________________________________________

SOLICITATION NUMBER: ITB 24-101627

TITLE OF UNIT OF WORK – Asphaltic Concrete Pavement Repairs (Three (3) Year Multiyear Contract)

1. My firm, as the prime bidder/proposer on this unit of work, is a certified (check all that apply):

____LSBE-DeKalb ____LSBE-MSA

2. If you are a Certified LSBE-DeKalb or MSA, please indicate below the percentage of work that your firm will carry out directly: ____________________________________.

3. If the prime bidder/proposer is a joint venture, please describe below the nature of the joint venture and level of work and percentage of participation to be provided by the LSBE-DeKalb or MSA joint venture firm.

4. List the LSBE-DeKalb or MSA subcontractors and/or firms (including suppliers) to be utilized in of this contract, if awarded. No changes can be made in the subcontractors listed below without the prior written approval of the County. Please attach a signed letter of intent from all certified LSBEs describing the work, materials, equipment or services to be performed and/or provided and the agreed upon percentage of work to be performed. A Letter of Intent form is attached hereto as “Exhibit 2”.

Name of Company Address

Telephone Fax Contact Person Indicate certification status and attach proof of certification:

LSBE-DeKalb/LSBE-MSA

Description of services to be performed

Percentage of work to be performed

Contact Person Indicate certification status and attach proof of

Contact Person Indicate certification status and attach proof of

Contact Person Indicate certification status and attach proof of

Please attach additional pages, if necessary.

EXHIBIT 1, CONT’D

DEKALB COUNTY

CHECKLIST FOR GOOD FAITH EFFORTS

A bidder/proposer that does not meet the County’s LSBE participation benchmark is required to submit documentation to support all “Yes” responses as proof of “good faith efforts.” Please indicate whether or not any of these actions were taken:

Yes No Description of Actions

1. Prime Contractors shall attend a MANDATORY LSBE Meeting in person or via video conference within two-weeks of advertisement the solicitation.

2. Provide a contact log showing the company’s name, contact person, address, email and contact number (phone or fax) used to contact the proposed certified subcontractors, nature of work requested for quote, date of contact, the name and title of the person making the effort, response date and the percentage of work.

3. Provide interested LSBEs via email, of any new relevant information, if any, at least 5 business days prior to submission of the bid or proposal.

4. Efforts made to divide the work for LSBE subcontracting areas likely to be successful and to identify portions of work available to LSBEs consistent with their availability. Include a list of divisions of work not subcontracted and the corresponding reasons for not including them.

The ability or desire of a bidder/proposer to perform the contract work with its own organization does not relieve it of the responsibility to make good faith efforts on all scopes of work subject to subcontracting.

5. Efforts were made to assist potential LSBE subcontractors meet bonding, insurance, or other governmental contracting requirements.

Where feasible, facilitating the leasing of supplies or equipment when they are of such a specialized nature that the LSBE could not readily and economically obtain them in the marketplace.

6. Communication via email or phone with DeKalb First Program Staff seeking assistance in identifying available LSBEs. Provide DeKalb First Program Staff representative name and title, and date of contact.

7. For all contracts, a signed letter of intent from all certified LSBEs describing the work,…