ITB 26_08_002_Surface Water Plant Driveway En.pdf

City of Dublin ITB #26-08-002 – Surface Water Plant Driveway Entrance Rebuild 1

CITY OF DUBLIN

INVITATION TO BID

ITB #26-08-002

Issue Date: August 24, 2026 OPENING DATE AND TIME: September 25, 2026 at 2:00 PM

The City of Dublin will receive sealed bids for furnishing supplies or services at:

CITY OF DUBLIN PURCHASING OFFICE

702 E MADISON ST.

DUBLIN, GA 31021

Bids will be publicly opened and read on the above stated date and time, local time prevailing. Late bids will not be accepted. No extension of the bidding period will be made. The City reserves the right to award a bid to multiple bidders when more than one item appears in a bid package.

Purchase requested by: Engineering Dept.

ITEM SUPPLIES/SERVICES QTY. TOTAL COST

1. Surface Water Plant 1 each $

Driveway Entrance Rebuild per attached specs f.o.b. Dublin Delivery Time:

**W-9 (Rev. March 2024) must be provided with bid.

**Supporting literature must be provided with bid.

City of Dublin ITB #26-08-002 – Surface Water Plant Driveway Entrance Rebuild 2

In compliance with the above, the undersigned offers and agrees, if this bid is accepted within sixty (60) calendar days from the date of opening, to furnish any and all of the items upon which prices are quoted, at the price set opposite each item, delivered at the designated point(s) within the time specified in the schedule. Items on bid are exempt from federal excise tax and Georgia sales and use tax. Title shall pass to the City only upon actual receipt and acceptance of the items. In the event there is a discrepancy between the unit price and the extended price, the unit price shall govern. Terms are N30. Electronic submissions are accepted only through approved procurement platforms. (Please initial)

NAME & ADDRESS OF BIDDER SIGNATURE OF BIDDER

DATE

PHONE NUMBER & FAX NUMBER SIGNER'S NAME & TITLE (Type or Print)

E-Mail:

For information regarding this bid, contact David Sawyer, Purchasing Dir., at sawyerd@dublinga.org.

mailto:sawyerd@dublinga.org

City of Dublin ITB #26-08-002 – Surface Water Plant Driveway Entrance Rebuild 3

INSTRUCTIONS FOR BIDDERS

i. Bids must be received by the designated date and time. Late bids will not be accepted.

ii. Bids must be delivered to:

City of Dublin - Purchasing Department P. O. Box 690 702 E Madison St. (31021) Dublin, GA 31040 ATTN:

David Sawyer

iii. Bids must be sealed with the bid number clearly printed on the outside of the envelope.

iv. Digital submission of bids will also be accepted thru eProcurement sites www.Bidnet.com or www.demandstar.com.

v. Bids must be complete and include:

a. Completed Bid Proposal Form

b. Executed Affidavit of Non-Collusion

c. Executed Bidder's Declaration

vi. All bids submitted shall be subject to acceptance or rejection and the City of Dublin specifically reserves the right to accept or reject any or all bids, to waive any technicalities and formalities in the bidding.

vii. Failure of the bidder to sign the bid or have the signature of any authorized representative or agent on the bid/proposal IN THE

SPACE PROVIDED may be cause for rejection of the bid. Signature must be written in ink. Typewritten or printed signatures are not acceptable.

viii. All bids should be tabulated, totaled and checked for accuracy. The unit price will prevail in case of errors.

ix. If only one bid is received, the bid will be forwarded to the Mayor and Council for a determination to accept and award the bid or to reject and re-bid.

x. Bids requiring bid bonds will not be read or considered if bond is not enclosed. Bond may be in the form of cash, certified check, cashier’s check or Surety Bond issued by a Surety Company licensed to conduct business in Georgia.

xi. Bids must meet or exceed the specifications in order to be considered by the City of Dublin. Any reference to brand name is to be considered generic. The City of Dublin reserves the right to award a bid to more than one bidder when two or more items appear on the bid schedule. Awards will be based on the lowest and best bid. Payment terms are N30 unless otherwise stated in the bid.

a. Bidders shall submit all required forms and information simultaneously with sealed bids, which forms and information become a part of the property of the City of Dublin and will not be returned to bidders unless a written request to withdraw is received prior to the designated date and time of the bid opening.

xii. It shall be the responsibility of all bidders to indicate the brand name and model or series number of the product offered and to furnish with their bid such specifications, catalog pages, brochures, or other data that will provide an adequate basis for determining the quality and functional capabilities of the product offered. Failure to provide the requested data or product demonstrations and/or sample may be considered valid justification for rejection of bid.

xiii. All bidders must be recognized and authorized dealers in the materials or equipment specified and be qualified to advise in their http://www.bidnet.com/ http://www.demandstar.com/

City of Dublin ITB #26-08-002 – Surface Water Plant Driveway Entrance Rebuild 4 application or use. A bidder at any time requested must satisfy the Purchasing Office and City Council that he has the requisite organization, capital, plant, stock, ability and experience to satisfactorily execute the contract in accordance with the provisions of the contract in which he is interested.

xiv. When requested, SAMPLES will be furnished free of expense, properly marked for identification and accompanied by a list where there is more than one sample. The City reserves the right to mutilate or destroy any samples submitted whenever it may be in the best interest of the City to do so for the purpose of testing.

xv. The unauthorized use of patented articles is done entirely at risk of successful bidder.

xvi. The ESTIMATED QUANTITY given in the specifications or advertisement is for the purpose of bidding only. The City may purchase more or less than the estimated quantity, and the vendor must not assume that such estimated quantity is part of the contract.

xvii. Only the latest model equipment as evidenced by the manufacturer’s current published literature, will be considered. Obsolete models of equipment not in production will not be acceptable. Equipment shall be composed of new parts and materials. Any unit containing used parts or having seen any service other than the necessary tests will be rejected. In addition to the equipment specifically called for in the specifications, all equipment catalogued by the manufacturer as standard or required by the State of Georgia shall be furnished with the equipment. Where required by the State of Georgia Motor Vehicle Code, vehicles shall be inspected and bear the latest inspection sticker of the Georgia Department of Revenue.

xviii. A contract will not be awarded to any corporation, firm or individual who is, from any cause, in arrears to the City or who has failed in any former contract with the City to perform work satisfactorily, either as to the character of the work, the fulfillment of the guarantee, or the time consumed in completing the work.

xix. Contracts may be cancelled by the City with or without cause with 30-day written notice.

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BIDDER'S DECLARATION

i. The bidder understands, agrees and warrants:

ii. That the bidder has carefully read and fully understands the full scope of the specifications.

iii. That the bidder has the capability to successfully undertake and complete the responsibilities and obligations in said specifications.

iv. That this bid may be withdrawn by requesting such withdrawal in writing at any time prior to the scheduled bid opening, but may not be withdrawn after such date and time.

v. That the City of Dublin reserves the right to reject any or all bids and to accept that bid which will, in its opinion, best serve the public interest. The City of Dublin reserves the right to award the bid to separate bidders when more than one item appears on the schedule. The City of Dublin reserves the right to waive any technicalities and formalities in the bidding.

vi. That the bidder understands that these specifications are the minimum requirements and must be met or exceeded in order to be considered by the City of Dublin. The bidder acknowledges that the item bid is suitable for the intended application.

vii. That by submission of this bid the bidder acknowledges that the City of Dublin has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information supplied by the bidder.

viii. If a partnership, a general partner must sign.

ix. If a corporation, the authorized corporate officer(s) must sign and the corporate seal must be affixed to this bid.

BIDDER:

Name Title

Name Title

AFFIX CORPORATE SEAL (if applicable)

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TERMS AND CONDITIONS – INVITATION TO BID

1. CHANGES: No change will be made to this invitation except by written modification by the City Purchasing Office.

Requests for changes must be in writing and received at least ten (10) calendar days prior to the time set for opening of the bids.

2. FOB POINT: Bid price to include shipping, packing, crating, and unloading at the address in the BID SCHEDULE. Title to remain with vendor until fully accepted by the City. Goods damaged or not meeting specifications will be rejected and removed at vendor's expense. Concealed damaged goods to remain the property of vendor until replaced or removed at City's direction.

All bid responses received will be F.O.B. Dublin. Due to volume of order, delivery shipment schedule will be coordinated between the successful bidder and the City of Dublin.

3. RISK OF LOSS: Vendor agrees to bear all risk of loss, injury, and destruction of goods and materials ordered herein which occur prior to delivery to include concealed damage; and such loss, injury, or destruction shall not release vendor from any obligation.

4. BID IDENTIFICATION: All bids submitted as a result of this invitation must be returned in a sealed envelope with the bid number on the envelope.

5. WITHDRAWAL OF BIDS: Bids may be withdrawn by written request only, if the request is received prior to the time and date set for the opening of bids. Negligence on the part of the bidder in preparing his bid confers no right of withdrawal or modification of his bid after bid has been opened.

6. BID BONDS: a. Bid Bond: required

b. Payment and Performance Bonds: required

i. Bid Bond

Each bid shall be accompanied by a Bid Bond in an amount equal to five percent (5%) of the total base bid price. The Bid Bond shall be issued by a surety company authorized and licensed to conduct business in the State of Georgia. In lieu of a surety bond, the City may accept a cashier's check or certified check payable to the City of Dublin in the required amount. Failure to submit the required Bid Bond with the bid shall render the bid non-responsive and subject to rejection.

The Bid Bond shall guarantee that the bidder, if awarded the contract, will enter into a written contract with the City of Dublin and will furnish the required Performance Bond and Payment Bond within the time specified herein

ii. Performance Bond

The successful bidder shall furnish a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Price. The Performance Bond shall guarantee the faithful performance of all work and obligations required under the Contract Documents.

iii. Payment Bond

The successful bidder shall furnish a Payment Bond in an amount equal to one hundred percent (100%) of the Contract Price. The Payment Bond shall guarantee payment to all persons supplying labor, materials, equipment, and services in connection with the performance of the work.

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iv. Delivery of Bonds

The successful bidder shall provide the required Performance Bond and Payment Bond, together with all required powers of attorney and supporting documentation, within ten (10) calendar days after receipt of the Notice of Award, or prior to execution of the contract, whichever occurs first. Failure to provide the required bonds within the specified time may be grounds for award cancellation and forfeiture of the bidder's Bid Bond.

v. Surety Qualifications

All bonds required by this Invitation to Bid shall be executed by a surety company authorized to transact surety business in the State of Georgia and listed on the United States Department of the Treasury Circular 570. The surety shall have an A.M. Best rating of A- or better and maintain sufficient underwriting capacity for the obligations assumed under the Contract.

Each bond shall be accompanied by a valid Power of Attorney authorizing the attorney-in-fact to bind the surety company. The City reserves the right to require additional evidence of the surety's authority, financial capacity, and authorization to conduct business in Georgia.

vi. Cost of Bonds

The cost of all required bonds shall be included in the Bid Price and no separate payment will be made by the City.

vii. Continuation of Surety Obligations

The obligations of the Performance Bond and Payment Bond shall remain in full force and effect for the duration of the Contract and for any warranty or correction period required by the Contract Documents.

7. SITE INSPECTIONS: When applicable, bidders should inspect the site to ascertain the nature and location of work and the general conditions which could affect the cost of the work. The City will assume no responsibility for representations or understandings made by its officers or employees unless included in this Invitation for Bid. While site inspections are not a mandatory requirement to submit a proposal, vendors are urged to schedule inspections to ascertain all the requirements of this invitation.

8. INSURANCE REQUIREMENTS: The successful bidder shall, at its own expense, procure and maintain throughout the duration of the Contract, insurance of the types and limits specified below with insurance companies authorized to conduct business in the State of Georgia and having an A.M. Best rating of A- or better.

No work shall commence until certificates of insurance acceptable to the City of Dublin have been submitted and approved.

Commercial General Liability Minimum Limits:

1. $1,000,000 Each Occurrence

2. $2,000,000 General Aggregate

Automobile Liability Minimum Limits:

1. $1,000,000 Combined Single Limit Covering all owned, hired, and non-owned vehicles used in connection with the work.

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Workers' Compensation and Employer's Liability Workers' Compensation: Statutory Limits Employer's Liability:

1. $500,000 Each Accident

2. $500,000 Disease - Policy Limit

3. $500,000 Disease - Each Employee

Additional Insured The City of Dublin, its officers, officials, employees, and agents shall be named as Additional Insureds on the Commercial General Liability policy.

Cancellation Insurance policies shall provide that the City of Dublin receives at least thirty (30) days prior written notice of cancellation or material change in coverage.

Subcontractors The Contractor shall ensure that all subcontractors maintain insurance appropriate for their operations and shall provide evidence of such coverage upon request.

9. AWARD OF CONTRACT: Awards will be made to that responsible bidder whose bid, conforming to the Invitation for Bid, will be most advantageous to the City. Prices will not necessarily be controlling, but quality, equality, efficiency, delivery, suitability of item(s) offered, maintainability, and reputation of item(s) in general use will also be considered with any other relevant factors. The City reserves the right to reject any and/or all bids submitted and to waive any technicalities or minor irregularities in bids received. A written award mailed (or otherwise furnished) shall be deemed to result in a binding contract without further action by either party. Contract(s), if awarded, will be on a lump sum basis or individual item basis, whichever is found to be in the best interest of the City of Dublin.

i. : In accepting this contract, the vendor attests that he is in compliance with the Nondiscrimination Clause contained in Section 202 of Executive Order 11246, as amended, relative to equal employment opportunity for all persons without regard to race, color, religion, sex, or national origin, and the implementing rules and prescribed by the Secretary of Labor, which is incorporated herein by reference.

10. EXCEPTIONS TO SPECIFICATIONS: Any award resulting from this invitation shall bind the bidder to all Terms, Conditions, and Specifications set forth in this invitation. Bidders whose bids do not conform should so note on a separate page if necessary and/or on the Bid Schedule. While the City reserves the right to make an award to a nonconforming bidder when in the best interest of the City, such awards will not be readily made, and bidders are urged to conform to the greatest extent possible. No exceptions will be considered to have been taken by bidder unless it is properly set out as provided above. No exception will be deemed to have been taken by the City unless incorporated in an award resulting from this invitation and so stated.

11. BID RESULTS: Interested parties may request, in writing, a Bid Tabulation by sending a self-addressed, stamped envelope with their request to City of Dublin Purchasing Department, P.O. Box 690, Dublin, GA 31040. Tabulations may also be requested by e-mail to sawyerd@dublinga.org.

12. PAYMENT: Payments will be made upon all items completed each month or completion of all work and acceptance by City on invoices submitted and approved by the proper city representative within thirty (30) days of receipt of invoice unless discounts apply (see item #13). Invoices are to be submitted to: City of Dublin, P.O. Box 690, Dublin, GA 31040.

mailto:sawyerd@dublinga.org

City of Dublin ITB #26-08-002 – Surface Water Plant Driveway Entrance Rebuild 9

i. Itemize all invoices in full. Mail the original invoice to the address above. A shipping or receiving ticket will be signed and a copy left with each delivery. Purchase order numbers must appear on all delivery tickets and invoices.

ii. Vendor must furnish delivery receipt identifying that this order has been delivered in accordance with the specifications, quantities, and price as set forth on the purchase order. A City of Dublin employee’s signature must appear on the delivery receipt or invoice.

iii. Items on this order are exempt from Federal Excise Tax and Georgia Sales and Use Tax. A certificate will be furnished if requested. The CITY OF DUBLIN is exempt from taxes but the successful bidder shall pay all taxes required of him by law and the CITY OF DUBLIN cannot exempt others from tax.

iv. Payment terms and provisions herein or otherwise found within the contract documents supersede all provisions of the Georgia Prompt Pay Act (House Bill 837; 13 O.C.G.A. chapter 11 ET. SEQ.).

13. INQUIRIES REGARDING PAYMENT: All inquiries regarding payment of invoices are to be directed to Accounts Payable at (478) 277-5018 or to City of Dublin, ATTN: Accounts Payable, P. O. Box 690, Dublin, GA 31040.

14. DISCOUNTS: Prompt payment discounts offered for a period of less than fifteen (15) days will not be considered in determining the low bidder on this invitation. However, such discounts, when offered, will be taken provided payment is made within the time specified. Time, in connection with discounts for prompt payments, will be computed from the date of acceptance of work for which payment is claimed, or the date the correct invoice is received by the City, whichever is later.

15. EXECUTION OF CONTRACT: Subsequent to the award, the successful bidder will be presented with a contract which may be in the form of a purchase order. Contract is to be executed with ten (10) calendar days of from award notice. If the contract document is mailed, the date of presentation shall be the postmark date.

16. INCLUSION: All items and/or services which are standard, expected, necessary, and/or routine to such a project as this and not actually stated in this invitation will be the responsibility of the successful bidder to provide at no other cost to the City unless so stated on the successful bidder’s proposal as additional cost items and accepted by the City at the time of the award and/or contract.

17. REGULATORY AGENCIES: Successful bidder will be responsible for all required permits or licenses required by regulatory agency of the City, County, State, or Federal Governments. Further, successful bidder will be responsible for meeting all requirements of any regulation(s) or guideline(s) of any of the said governments or any independent agency recognized by said Government as publisher of any such regulation(s) or guideline(s).

18. INDEPENDENT CONTRACTORS: The bidder represents to the CITY OF DUBLIN that he is fully experienced and properly qualified to perform the functions provided herein and that he is properly equipped, organized, and financed to perform such functions. The bidder shall finance his own operations hereunder, shall operate as an independent contractor and not as an agent of the CITY OF DUBLIN and nothing contained in this invitation or a contract resulting from same shall be construed to constitute the bidder or any of his employees, agents, or subcontractors as a partner, employee, or agent of the City nor shall either party have any authority to bind the other in any respect; it being intended that each shall remain an independent contractor.

19. ASSIGNMENT OF CONTRACTUAL RIGHTS: It is agreed that the successful bidder will not assign, transfer, convey, or otherwise dispose of a contract that results from this invitation or his right, title, or interest in or to the same, or any part thereof, without written consent of the City.

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20. STARTING TIME: work will commence within the stated calendar days and commence in a routine, orderly manner until completion and acceptance by the City.

21. INDEMNITY: Successful bidder agrees, if entering into a contract as a result of this invitation, to defend, indemnify, and hold harmless the CITY OF DUBLIN from any and all courses of action or claims of damages arising out of or related to bidder’s performance or actions or those of his employees or agents, under said contract.

22. TERMINATION: pursuant to O.C.G.A. 36-60-13, if applicable, any contract resulting from this invitation, if not sooner terminated pursuant to the provisions of terminations contained herein, is terminable by the CITY OF DUBLIN Council on December 31 of each calendar year during the term of said contract, except that said contract shall be renewed automatically on such date, and without any lapse, unless positive action is taken to terminate said contract by the Council in a public meeting and such action entered in the Official Minutes of the CITY OF DUBLIN Council.

23. APPROPRIATION OF FUNDS: Initial contract and any continuation contract(s) will terminate immediately and absolutely at any such time as there are no appropriated unobligated funds available to satisfy the City’s obligations under said contract(s).

24. CANCELLATION FOR CAUSE: Should either party fail to comply with the Terms and Conditions of this contract, the aggrieved party must give, in writing, to the other party any complaint for non-compliance to the Terms and Conditions of this contract. The other party shall have fifteen (15) calendar days to correct the matter. If corrected to the satisfaction of both parties within the fifteen

(15) calendar days and stated in writing, then the contract will continue uninterrupted. Failure to correct the matter will result in termination of this contract at the end of the thirty (30) calendar days following the date of the initial letter of complaint.

25. LIQUIDATED DAMAGES: Any liquidated damages will be listed in the Special Terms and Conditions.

26. COMMODITY STATUS: It is understood and agreed that materials delivered shall be new, of latest design, and in first quality condition, that all bags, container, etc. shall be new and suitable for storage; unless otherwise stated by the CITY

OF DUBLIN.

27. USE OF TRADE NAMES: Reference to brand or trade names are for comparative purposes only. Proposers may submit proposals on items from other manufacturers. In these instances, proposals shall be accompanied with all descriptive information necessary for a thorough evaluation. Failure to provide supporting data shall be cause for rejection.

28. DESCRIPTIVE INFORMATION: Unless otherwise specifically provided in the specifications, reference to any equipment, material, article or patented process, by trade name, make or catalogue number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition.

29. TAXES: The City of Dublin is exempt from Federal Excise and State Sales Taxes.

30. LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal laws, ordinances, rules and regulations that would apply to this contract.

31. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original Bid Form(s) provided by the Purchasing Department and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the Bid Form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original bid documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of a bid. Any such modifications or alterations a bidder wishes to propose must be clearly stated in the

City of Dublin ITB #26-08-002 – Surface Water Plant Driveway Entrance Rebuild 11 bidder’s proposal response and presented in the form of an addendum to the original bid documents.

32. FORCE MAJEURE: In the event that either party shall be delayed or hindered in or prevented from the performance required hereunder by reasons of strikes, lockouts, labor troubles, failure of power, riots, insurrection, war, acts of God, or other reasons of like nature not the fault of the party delayed in performing work or doing acts (“Permitted Delay”), such party shall be excused for the period of time equivalent to the delay caused by such Permitted Delay. Notwithstanding the foregoing, any extension of time for a Permitted Delay shall be conditioned upon the party seeking an extension of time delivery written notice of such Permitted Delay to the other party within (10) days of the event causing the delay.

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SCOPE OF WORK

Surface Water Plant Driveway Entrance Rebuild

ITB #26-08-002

1. Project Description

The City of Dublin is soliciting bids from qualified contractors for the reconstruction of the entrance driveway serving the City of Dublin Surface Water Plant located at 106 Parker Dairy Road, Dublin, Georgia. The project generally consists of furnishing all labor, supervision, equipment, materials, tools, traffic control, erosion control measures, and incidentals necessary to demolish and reconstruct the existing driveway entrance and restore the work area to a complete and operational condition.

Contractor shall field verify all dimensions and site conditions prior to bidding.

2. General Scope The work shall include, but not be limited to, the following:

A. Mobilization

• Mobilization of labor, equipment, and materials.

• Establishment of all required temporary facilities.

• Installation and maintenance of project signage.

B. Traffic Control

• Provide all traffic control devices, signs, barricades, flaggers, and warning devices as required.

• All traffic control shall comply with the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD).

• Contractor shall maintain safe access to the Surface Water Plant at all times unless otherwise approved by the

City.

C. Demolition

• Removal and disposal of existing asphalt, concrete, base material, vegetation, and unsuitable materials necessary to complete the project.

• Saw cutting where required to produce neat and straight pavement joints.

• Removal and disposal shall be in accordance with local, state, and federal regulations.

D. Grading and Subgrade Preparation

• Excavate and reshape the driveway entrance area as necessary.

• Proof-roll the subgrade and notify the City of any unstable areas.

• Remove and replace unsuitable soils encountered during construction.

• Compact subgrade to a minimum of 95 percent of maximum dry density.

E. Base Construction

• Furnish and install graded aggregate base (GAB) as required.

• Base material shall comply with Georgia Department of Transportation (GDOT) specifications.

• Base shall be compacted to the satisfaction of the City.

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F. Pavement Construction The Contractor shall furnish and install asphalt pavement including:

• Tack coat.

• Binder course, where required.

• Surface course.

• All necessary rolling and compaction operations.

All asphalt materials and installation methods shall comply with current GDOT specifications.

G. Drainage Improvements Where required, Contractor shall:

• Adjust existing drainage structures.

• Reconstruct driveway shoulders.

• Reestablish positive drainage away from the entrance roadway.

• Prevent ponding of stormwater within the completed driveway area.

H. Shoulder and Site Restoration

• Restore disturbed shoulders.

• Replace topsoil where necessary.

• Repair any damaged turf, landscaping, utilities, fencing, or other site features disturbed during construction.

• Seed and mulch disturbed areas.

I. Cleanup

• Remove all excess materials, debris, equipment, and temporary facilities.

• Leave project site in a clean and acceptable condition.

3. Contractor Responsibilities The Contractor shall:

• Visit the site prior to bidding.

• Verify all measurements and existing conditions.

• Obtain all permits required for the work.

• Coordinate utility locates through Georgia 811.

• Protect existing utilities and infrastructure.

• Supply all labor, materials, equipment, transportation, and supervision required to complete the project.

The Contractor shall be responsible for any damage caused by its operations.

4. Schedule The Contractor shall commence work upon receipt of a Notice to Proceed issued by the City of Dublin.

All work shall be substantially completed within ninety (90) calendar days from the date of Notice to Proceed.

5. Measurement and Payment The project shall be bid as a

Lump Sum Contract The lump sum bid shall include all labor, equipment, materials, permits, supervision, mobilization, erosion control, traffic control, cleanup, and incidentals necessary to complete the work as described in the Contract Documents.

No separate payment shall be made for incidental work required to complete the project.

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PAY PROCEDURES

ITB # 26-08-002

CONTRACTORS shall submit Application for Payment no more than one time per a 30-day time period. For a pay request to be paid on the 10th of the month the pay request must be in the Engineering Department Office no later than the Friday (4:00 p.m.) closest to the 20th of the preceding month. The City has THIRTY (30) days upon receiving application for payment to be made, pending application is correct and without error.

ALL APPLICATION FOR PAYMENT SHOULD BE DELIVERED TO OR MAILED TO:

ACCOUNTS PAYABLE

P.O. BOX 690

DUBLIN, GA 31040-0690

After work has commenced at the site, progress payments shall be made as stated above, based on the value of work completed plus the value of materials and equipment suitably stored, insured, and protected at the construction site (and at the City's discretion such materials and equipment suitably stored, insured, and protected off site at a location approved by the City), less retainage; and

(A) Prior to Substantial Completion, progress payments will be 90% of the work completed (with the 10% balance being retainage). Provided, however, when 50 percent of the contract value including change orders and other additions to the contract value provided for by the contract documents is due and the manner of completion of the contract work and its progress are reasonably satisfactory to the City, the City shall withhold no more retainage. At the discretion of the City and with the approval of the contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work.

(B) If, after discontinuing the retention, the City determines that the work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by City, the contractor and subcontractors shall be entitled to resume withholding retainage accordingly.

(C) At substantial completion of the work, as the City determines the work to be reasonably satisfactory, the City shall, within 30 days after invoice and other appropriate documentation as may be required by the contract documents are provided, pay the retainage to the contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the City shall be withheld until such item or items are completed. The reduced retainage shall be shared by the contractor and subcontractors as their interests may appear.

(D) The contractor and subcontractors shall, within ten days from their receipt of retainage, pass through payments to their subcontractors as required by law.

Final Payment - Upon final completion and acceptance of the work the City shall pay the remainder of the Contract Price.

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The City, prior to making any payment, may require the payee to submit satisfactory evidence that all payrolls, material bills, and other indebtedness connected with the work have been paid. No compensation will be allowed for Change Orders without prior written approval from the City.

The City of Dublin Engineering Department Partial Pay Estimate Form is to be used for Application for Payment unless prior approval is obtained from the City. The Partial Pay Estimate Application for Payment form will be supplied to the low bidder, or is available on request to our office.

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TERMINATION FOR CONVENIENCE CLAUSE

This contract may be terminated by the City of Dublin at any time for any reason by giving thirty (30) days written notice of such intent and will become effective thirty (30) days from the date such written notice is delivered to the applicable party to the contract. In such case, Contractor shall be paid (without duplication of any items):

1 For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; and

2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination.

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GENERAL PROVISIONS FOR CONSTRUCTION CONTRACTS

(PART OF ALL CONTRACT DOCUMENTS)

These General Provisions, the Specifications, the Invitation to Bid/Quote Form and any attachments, constitutes the bid document, and will be considered as one document and shall form the Contract for the job awarded.

1. Laws and Regulations The contractor shall comply with all applicable laws and regulations pertaining to this contract. In addition, the contractor shall ensure that any subcontractor performing this contract shall comply with all applicable laws and regulations pertaining to this contract.

2. Bid/Quotes Submittals Bids and quotes shall be submitted on the attached forms only. Extra pages and literature may be added to this package, however shall be returned intact as received.

All prices and notations must be typewritten or written in ink, with no erasures permitted. Mistakes may be crossed out and corrections written adjacent thereto and must be initialed in ink by person signing quotation. Verify your quotations before submission as they cannot be withdrawn or corrected after being opened.

If applicable, unit prices for all items all extensions, and the total amount of bid or quote must be shown. In the instance of a discrepancy between the unit price and the total price, the unit price shall govern. Any pricing, configuration or other errors discovered after bid/quote opening or quotation due date must remain and cannot be adjusted.

3. Change Orders Without invalidating the Agreement and without notice to any surety (giving of any such notice will be contractor’s responsibility). City may order additions, deletions, or revisions in the work. Upon Receipt of a change order, contractor shall promptly proceed with the work involved Change Orders will be without effect unless issued and authorized in writing by the City of Dublin

4. Quality Standards The brand names listed indicate the standard of quality required. Brands of equal quality, performance and use will be considered, provided the offer or specifies the brand, model and other data for comparison with their bid/quote.

The City of Dublin will be the sole judge for approving other brands offered as equals to the brand specified. Bidders shall indicate if they are offering alternate brands in the space below each item and must provide descriptive specifications explaining the merits of the substitute item.

5. Rejection All goods and any services purchased in this order are subject to approval by the City. Rejection of goods or services, resulting because of nonconformity to the terms, conditions, and specifications of this order, whether held by the City

City of Dublin ITB #26-08-002 – Surface Water Plant Driveway Entrance Rebuild 22 or returned, will be at Vendor’s risk and expense

6. Permits

Contractor shall procure and pay for all permits and licenses necessary for the completion of the Contract, including those permits required by the City of Dublin. In the event a necessary permit is not obtained, the Vendor will not be permitted to work on items subject to said permit and any delays caused thereby will not be subject to extra compensation or extension.

7. Hazardous Materials Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. If this order covers goods, which include hazardous chemicals, contractor shall, at the time of product delivery, provide the City with copies of Material Safety Data Sheets for such chemicals. These sheets shall be in the form then required by applicable law or regulation. This requirement shall be in addition to whatever other requirements are imposed by law or regulation.

8. Warranties Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. The contractor shall guarantee the quality of materials, equipment and workmanship for a period of 12 months after Final Completion. Defects discovered during this period shall be repaired by the Contractor at no cost to the owner. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the contract documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation by City or payment by City of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by City; 4. use or occupancy of the work or any part thereof by City; 5. any acceptance by City or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by City; 7. any inspection, test, or approval by others; or

8. any correction of defective Work by City.

9. Re-Award When the contract is terminated by the vendor upon 30 day notice as herein provided, the City, pursuant to City ordinance, may re-award the contract to the next most responsible bidder.

When a vendor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is terminated by the City for cause as herein provided, the City reserves the right to re-award the contract to the next most responsible bidder.

10. Errors and Omissions The City reserves the right to correct obvious ambiguities and errors in the Bidder’s proposal and to waive non-material irregularities and/or omissions. In this regard, if the unit price does not compute to the extended total price, the unit price shall govern.

11. Late Receipt of Bid/Quote Documents Bids and/or quotations and modifications received after the exact hour and date specified for receipt of bids and/or quotations will not be considered (i.e. if bid was due by 2:00 PM, any bids received after 2:00:00 PM will be rejected).

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12. Licenses If applicable, successful vendor shall have paid any applicable City Occupation Tax covering this type of business and shall satisfy all applicable City Code provisions. Said license shall be obtained prior to the award of any contract.

Inquiries as to fees, etc., should be made to the Office of the City Clerk, telephone (478) 277-5019. Vendor must hold all required Federal or State licenses, and certifies to the City that he holds such and that all are current and valid.

Contractor shall pay all patent fees, royalties or similar fees.

13. Evaluation of Bid/Quote In the evaluation of otherwise responsible bids/quotes, the Bidder’s experience, delivery time and responsibility in performing other contracts will be considered. In addition to price, the following may be considered:

I. The ability, capacity and skill of the bidder to perform the contract and provide the services required.

II. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference.

III. The character, integrity, reputation, judgment, experience and efficiency of the bidder.

IV. The quality of performance of previous contracts or service.

V. The previous and existing compliance by the bidder with laws and ordinances relating to contracts or services.

VI. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.

VII The quality, availability, and adaptability of the supplies or contractual services to the particular use required.

VIII. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.

14. Non-Discrimination During the performance of this contract, the contractor agrees that the contractor will not discriminate against any employee or applicant for employment because of race, creed, color, religion, age, marital status, disability, sex, or national origin. In the event of the contractor's noncompliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for any future City of Dublin contracts.

15. Delivery of Bonds When Contractor delivers the executed Agreements to City, Contractor shall also deliver to City such Bonds as Contractor may be required to furnish.

16. Notice to Proceed No Work shall be done at the Site prior to the date indicated in the Notice to Proceed. The Contract Times will commence to run on the day indicated I the Notice to Proceed.

17. Underground Facilities Contractor shall have full responsibility for locating all Underground Facilities, reviewing and checking all Underground Facilities information and data, coordination of the work with the owners of such Underground Facilities, including the City of Dublin, during construction and the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the work, and shall include the cost thereof in the Contract Price.

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18. Supervision and Superintendence Contractor shall supervise, inspect, and direct Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, unless such means, method, technique, sequence, or procedure of construction is expressly required by the City. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity against whom City may have reasonable objection.

CONTRACTOR shall be fully responsible to City all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR’S own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between the City of Dublin and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity.

19. Safety and Protection Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site;

and 3. other property at the Site or adjacent thereof, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction.

20. Delay of an Award If, after bid/quote opening, administration problems threaten to delay award beyond the bidder’s acceptance period, bidders shall be requested to extend the bid/quote acceptance period. This request must be made and confirmed in writing prior to the expiration date of their bids/quotes (with consent of sureties, if any) to avoid the need to re-advertise.

21. Choice of Venue In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the Agreement, the venue of such action of litigation shall be in the Courts of the State of Georgia in and for the City of Dublin, Laurens County, Georgia. This Agreement shall be interpreted under and governed by the laws of the State of Georgia.

22. Defense and Indemnity Agreement The Contractor agrees to defend, indemnify and save harmless the City, its appointed and elective officers and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney’s fees and costs by reason of any and all claims and demands upon the City, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account to damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Vendor, Contractor, his/her subcontractors, it successor or

City of Dublin ITB #26-08-002 – Surface Water Plant Driveway Entrance Rebuild 25 assigns, or its or their agent, servants, or employees, The City, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the City, its appointed or elected officials or employees. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein.

23. Severability If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms,…