ITB # 26-13R, Resurfacing Of High Occupancy Corridors And Tier III Projects

City of South Fulton, Georgia

INVITATION TO BID

FOR

Resurfacing

Of High Occupancy Corridors And Tier III Projects

Public Works

ITB NUMBER: 26-13R

ISSUED: FEBRUARY 23, 2026

BIDS DUE NO LATER THAN: 2.00 PM ET, MARCH 26, 2026

Controlling Dates: In the event of any conflict among the cover page, schedule of events, and solicitation body, the Schedule of Events shall control. The City may revise dates only by a written addendum issued through BidNet.

City of South Fulton Procurement Department

4715 Frederick Dr. SW South Fulton, GA 30336

ATTENTION BIDDERS:

THE CITY WILL SUBMIT THE ATTACHED DRAFT CONTRACT TO THE AWARDEE

FOR SIGNATURE. ANY EXCEPTIONS SHOULD BE NOTED ON THE EXCEPTIONS

FORM.

The City of South Fulton, Georgia Procurement Department

4715 Frederick Dr. SW., Atlanta, GA 30336 Phone: 470-809-7667

Website:

Procurement Department | South Fulton, GA

INVITATION TO BID

ITB # 26-13R

RESURFACING OF HIGH OCCUPANCY CORRIDORS AND TIER III PROJECTS

SCHEDULE OF EVENTS DATE

Bid Release Date:

February 23, 2026

Non-Mandatory Pre-Bid Conference:

Our staff will hold a Non-Mandatory Pre-Bid Conference, and the person(s) Bidding - please refer to the information in the Instructions to Bidders for details.

March 3, 2026, 11.00 AM

Deadline for questions:

Questions must be submitted online at:

https://www.Bidnetdirect.com/georgia/Cityofsouthfulton

March 10, 2026, 3.00 PM

Answers will be posted by addendum at:

https://www.Bidnetdirect.com/georgia/Cityofsouthfulton

March 17, 2026

All responses to this ITB must be submitted online at:

https://www.Bidnetdirect.com/georgia/Cityofsouthfulton. Bidders are required to submit responses to solicitations electronically. Assistance registering or using the platform, please call Bidnet Direct's Support Team at 800-835-4603 ext. 2 for assistance. To attend the Bid Opening, please refer to the Information and Instructions to Bidders.

April 2, 2026, 2 PM

THIS BID SOLICITATION FORM

MUST BE SIGNED AND SUBMITTED WITH BID

COMPANY NAME: DATE:

MAILING ADDRESS: PHONE:

CITY: FAX:

STATE: ZIP: SSN OR FEDERAL TAX ID#:

EMAIL: TITLE OF AUTHORIZED REPRESENTATIVE:

PRINTED NAME: AUTHORIZED SIGNATURE:

https://www.cityofsouthfultonga.gov/2462/Procurement-Department https://www.bidnetdirect.com/georgia/cityofsouthfulton https://www.bidnetdirect.com/georgia/cityofsouthfulton

TABLE OF CONTENTS

SCHEDULE OF EVENTS

INFORMATION AND INSTRUCTIONS TO BIDDERS

INTRODUCTION

ATTACHMENT

ATTACHMENT A – SCOPE OF WORK

ATTACHMENT B – BONDING AND INSURANCE REQUIREMENT

APPENDIXES

APPENDIX A – BID COST FORM

APPENDIX B- REQUIRED FORM SUBMITTALS

EXHIBITS

EXHIBIT A GENERAL TERMS AND CONDITIONS

EXHIBIT B DRAFT CONTRACT…

INFORMATION AND INSTRUCTIONS TO BIDDERS

1. Invitation to Bids: Invitation to Bids: The City is soliciting sealed Bids from qualified

Contractors to perform roadway resurfacing and related pavement improvements for High Occupancy Corridors and Tier III Projects. The City intends to award a unit price construction contract to the lowest responsive and responsible Bidder. Work shall be performed in accordance with GDOT standards, specifications, and City requirements.

2. Solicitation Method: This solicitation is being conducted in accordance with all applicable provisions of the City of South Fulton Purchasing Policy, codified in Sec. 1-9001 et seq of the City of South Fulton Code of Ordinances. By submitting a Bid in reference to this solicitation, a Bidder acknowledges that it is familiar with all laws applicable to this solicitation, including, but not limited to, the City’s Code of Ordinances, which rules are incorporated into this ITB by reference.

3. Minimum Qualifications: Each Bidder and team member must have the minimum experience outlined in this ITB.

4. Certificate of Authority to Transact Business in Georgia: Each Bidder must submit documentation that demonstrates it is duly authorized to conduct business in the State of Georgia with its Bid. This requirement also applies to Joint Venture (JV) Team Members, Subconsultants, and Subcontractors.

5. Business License: Bidder must submit a copy of their current, valid business license with the

Bid. If the Bidder is a Georgia corporation, they must also submit a valid City or County business license. If the Bidder is a joint venture, each joint venture member must hold a valid business license. Suppose the Bidder is not a Georgia corporation. In that case, they need to provide a Certificate of Authority to Transact Business in Georgia along with a current, valid business license from their home jurisdiction.

6. General Contractor’s License: Bidders responding to this ITB must provide a copy of their current Georgia General Contractor’s License as required by O.C.G.A. § 43-41-6, et seq. The Georgia General Contractor’s License must be issued in the name of the Bidder or their qualifying agent. Suppose a proposed Bidder relies on a qualifying agent’s Georgia General Contractor’s License. In that case, the name of the proposed Bidder must appear on the license as an affiliated business organization or dependent licensee. All licenses must be current, valid, and issued in accordance with applicable law. Failure to include this license with the Bid may result in the Bid being deemed non-responsive.

7. Professional License: Bidder must attach a copy of any professional license required by this

ITB with its response.

8. No Offer by City and Firm Offer by Bidder: No Offer by City, Firm Offer by Bidder.

This ITB is an invitation for offers and does not constitute an offer by the City. No contractual obligation is created by issuance of this ITB, receipt of a Bid, issuance of a notice of intent to award, or a notice of award. A Bid constitutes a firm offer by Bidder for the period stated in this ITB and may be withdrawn only as expressly permitted by this ITB, the City Code of Ordinances, and applicable law.

9. Bid Duration: Bids submitted in response to this ITB must be valid for a period of Ninety (90) calendar days from the Bid Submission Deadline and must be marked as such.

10. Bid Submission Deadline: Responses to this ITB will be accepted online at https://www.Bidnetdirect.com/georgia/Cityofsouthfulton on April 2, 2026, by 2:00 P.M.

Eastern Time (ET). Bids received after this time will not be considered.

To attend the Bid Opening, please access Microsoft Teams via the app or on the web by utilizing the information below:

Meeting ID: 228 483 716 869 17

Passcode: cn7jk2kb

Download Teams | Join on the web Or call in (audio only)

+1 929-583-6155,446 330 941# United States, NYC Phone Conference ID: 446 330 941# Find a local number | Reset PIN

11. Non-Mandatory Pre-Bid Conference: has been scheduled for Tuesday, March 3, 2026, at

11:00 AM, and will be hosted by our staff and responsible personnel. To attend the Pre-Bid Conference, please access Microsoft Teams via the app or on the web using the information below:

Meeting ID: _270 824 032 488 4 Passcode: U36nW6aq Download Teams | Join on the web Or call in (audio only) +1 929-583-6155,,194040381# United States, NY Phone Conference ID: 194 040 381#

Find a local number | Reset PIN

Attendance at the Pre-Bid Conference is non-mandatory for Bidders responding to this ITB.

https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+19295836155,,550210159 https://dialin.teams.microsoft.com/ba83620b-2648-4bd3-9555-378ecf04647b?id=989159654 https://dialin.teams.microsoft.com/usp/pstnconferencing https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+19295836155,,258825724 https://dialin.teams.microsoft.com/ba83620b-2648-4bd3-9555-378ecf04647b?id=782852982 https://dialin.teams.microsoft.com/usp/pstnconferencing

During the Pre-Bid Conference, the project's general requirements will be discussed. Any questions during the Pre-Bid Conference will not be authoritative. Each Bidder must be fully informed of all existing and anticipated conditions and matters that may affect the cost or performance of the Services. It should be emphasized, however, that nothing stated or discussed during the court of this Pre-Bid conference shall be considered to modify, alter, or change the requirement of the solicitation documents, unless it is subsequently incorporated into an addendum to the solicitation documents.

12. Solicitation Questions/Prohibited Contacts: All questions and communications regarding this ITB must be submitted in writing by logging into https://www.Bidnetdirect.com/georgia/Cityofsouthfulton by March 10, 2026, at 3:00 PM, ET. Questions received after this deadline may not be addressed. Any responses provided by the City will be posted online at https://www.Bidnetdirect.com/georgia/Cityofsouthfulton as an addendum. No Bidder should rely on any verbal response to questions regarding this ITB.

Questions Deadline: All questions must be submitted in writing through BidNet no later than the Questions Deadline stated in the Schedule of Events. Addenda Cutoff: The City intends to issue final addenda no later than 3 business days prior to the Bid Due Date. Oral interpretations are not binding; only written addenda issued through BidNet are binding.

13. All Bidders, and/or representatives of Bidders, seeking an award of a City of South

Fulton Contract may not initiate or continue any verbal or written communications regarding a solicitation with any City Officer, Elected Official, Employee or other City representative other than the Department of Finance & Administrative Services employee named in the solicitation, between the date of the issuance of the solicitation and the date of the final Contract award by City Council, unless specified otherwise herein.

Attempting to influence the outcome of any Contract given before a recommendation of award to the City Council is prohibited. The Director of Finance & Administrative Services will review alleged violations of this prohibition. Suppose the Director of Finance & Administrative Services determines that such a communication has compromised the competitive process. In that case, the Bid submitted by that Bidder may be disqualified from consideration for award, and that Bidder may, among other things, be placed on the ineligible source list.

Violations of this prohibition may also be subject to prosecution under federal, state, or local laws. City of South Fulton Employees, Officials, and their family members are prohibited from seeking, requesting, or receiving any material payment, gift, job offer, security, promise of future benefit, or any other tangible or intangible thing of value when such receipt has the potential to influence a procurement decision or to gain unfair advantage in a procurement competition, and as outlined in Sec. 1- 9004 (d) of the City of South Fulton Code of Ordinances and all other applicable policies.

Mandatory Reporting: Bidder must report any unauthorized contact or attempted contact regarding this solicitation to the Procurement Director within twenty-four (24) hours of occurrence or discovery. Failure to report may be grounds for disqualification and placement on the ineligible source list.

14. Ownership of Bids: Each Bid submitted to the City will become the property of the City, without compensation to a Bidder, for the City’s use, at its discretion. The City must not be liable for any Bid preparation costs incurred by Bidders.

15. Litigation and Claims Disclosure: Each Bidder shall submit with its Bid a statement identifying any litigation, claims, disputes, or arbitration proceedings that the Bidder, its officers, or key Sub-Contractors have been involved in during the past five (5) years. The City reserves the right to deem a Bidder non-responsible if the City determines that such litigation or claims may adversely affect the Bidder’s ability to perform the Work.

16. Georgia Open Records Act: Information provided to the City is subject to disclosure under the Georgia Open Records Act, O.C.G.A. § 50-18-70 et seq., in accordance with O.C.G.A. § 50-18-72(a)(34), which states, "[a]n entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph must submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10 [O.C.G.A. § 10-1-760 et seq.]."

Pricing and Bid tabulations are not considered confidential and will be released following the award to avoid Bidders' Disputes.

17. Records Retention and Audit Access: Contractor shall maintain complete and accurate records relating to this Contract, including Task Orders, tickets, quantities, invoices, subcontractor and supplier support, and any pricing adjustment documentation, for six years after final payment or longer if required by law. If any audit, claim, protest, or dispute is pending, Contractor shall retain records until final resolution. The City and its authorized representatives shall have access to such records during normal business hours upon reasonable notice.

PROCUREMENT DEPARTMENT, 4715 Frederick Dr. SW, Atlanta, GA 30336

18. Audit and Records Access: Provider shall maintain and provide access to all records related to this Contract, including Task Orders, quantities, tickets, invoices, subcontractor and supplier documentation, and pricing adjustment support, for a period of six (6) years after final payment under the Contract, or longer if required by applicable law or if any audit, claim, or dispute is pending, in which case retention shall continue until final resolution.

19. Iran Divestment Certification: The Bidder certifies that they are not included on the Iran

Divestment List created under O.C.G.A. § 50 5 85.1 and do not participate in investment activities in Iran’s energy sector.

20. Certification Regarding Boycotts of Israel: Bidders certify that they are not currently engaged in and agree for the duration of the contract not to engage in a boycott of Israel as defined in O.C.G.A. § 50 5 85.1.

21. Debarment and Suspension Certification: The Bidder affirms that neither it nor any of its principals is currently debarred, suspended, proposed for debarment, or declared ineligible for contracts by any Federal or State agency.

22. Cost-Plus Prohibition: The City must not accept a cost-plus-a-percentage-of-cost Bidder

Contract. Any such pricing submitted must be considered non-responsive.

23. Non-Discrimination: The Bidder agrees not to discriminate against any person based on race, color, religion, national origin, sex, age, disability, veteran status, sexual orientation, or gender identity in performing this Agreement.

24. Bonding and Insurance Requirements: The Bonding and Insurance requirements for any

Contract that may be awarded pursuant to this ITB are outlined in Appendix A: Bonding and Insurance Requirements. Bidder must provide a copy of a current certificate of insurance evidencing any existing commercial general liability policies issued for Bidder, if any. For purposes of this section, “Bidder” must mean an individual, corporation, or other corporate entity submitting a Bid in connection with this solicitation, including each Joint Venture partner if Bidder is a Joint Venture.

25. Sub-Consultants and Manufacturers: Bidders are required to submit, in writing, the addresses of any proposed Sub-Consultants or Contractor manufacturers listed in the Bid and may be required to submit other material information relative to proposed Sub-Consultants.

The City reserves the right to disapprove any proposed Sub-consultants whose technical or financial ability, resources, or experience are deemed inadequate.

26. Examination of Bid Documents:

26.1 Each Bidder is responsible for examining with appropriate care the complete ITB and all

Addenda and for informing itself concerning all conditions which might in any way affect the cost or the performance of any Services. Failure to do so will be at the sole risk of the Bidder, who is deemed to have included all costs for performance of the

Services in its Bid.

26.2 Each Bidder must promptly notify the City in writing should the Bidder find discrepancies, errors, ambiguities, or omissions in the solicitation documents, or should their intent or meaning appear unclear or ambiguous, or should any other question arise relative to the ITB.

Replies to such notices may be submitted as an addendum to the ITB, which will be issued simultaneously to all potential Bidders. No oral responses are binding on the City.

26.3 The City may, in accordance with applicable law, by Addendum, modify any provision or part of the ITB at any time before the Bid due date and time.

26.4 Each Bidder must confirm that all Addenda have been received and acknowledge receipt by executing the Acknowledgment of Addenda form provided with each Addendum.

26.5 The City may waive any technicalities and formalities in this solicitation. Additionally, the City reserves the right to cancel the ITB in its entirety.

26.6 The City of South Fulton may disqualify Bids because of, but not necessarily limited to, the following reasons:

26.6.1 Failure to follow the City of South Fulton’s Bid schedule.

26.6.2 Failure to return applicable compliance and/or specification sheets.

26.6.3 Failure to return applicable addenda.

26.6.4 Failure to provide information on alternates or equivalents, when allowed.

26.6.5 Failure to provide a Bid Bond when specifically stated will result in automatic rejection.

26.6.6 Failure of Bidder to sign all requested documents.

26.6.7 Failure to submit a Bid by the deadline.

26.6.8 Failure of Contractor to extend prices.

26.6.9 Failure to hold firm pricing.

26.6.10 Failure to meet specified delivery requirements.

26.6.11 Prices for services or items that exceed the department's budgeted amount allowed for those items.

26.6.12 A Bid submitted by a Person on the Ineligible Source List.

26.6.13 a non-responsive Bid; and/or

26.6.14 A Bid submitted by a Person who has litigation pending against the City, or anyone representing a firm or business in litigation against the City, not arising out of the procurement process.

26.7 Addenda Responsibility: All Addenda issued by the City shall be made available through BidNet. It is the sole responsibility of each Bidder to verify the issuance of any Addenda prior to the Bid Opening. Failure of a Bidder to acknowledge receipt of all Addenda on the Bid Form may result in rejection of the Bid as non-responsive.

Acknowledgment is a material requirement; failure to acknowledge all addenda in the manner required may result in rejection as nonresponsive.

27. Award and Execution of Contract: If the City awards a Contract under this solicitation, the

City will prepare and send the Bidder a Contract for execution. The Contract will be substantially the same as the Draft Contract included in this ITB, with changes only as needed to reflect the Bidder’s submitted Bid, Scope of Services, and Cost Forms.

27.1 Authority and Binding Effect

Award and execution of any contract resulting from this ITB shall be in accordance with the City of South Fulton Code of Ordinances, including Sec. 1-9001 et seq., and applicable approval thresholds. No contract, task order, or notice to proceed is valid or binding unless executed by an authorized City official and supported by lawful availability of funds.

27.1.1 No Obligation Until Fully Executed: No obligation of the City arises from issuance of this ITB, receipt of a Bid, issuance of a notice of intent to award, or a notice of award. Any contract, task order, change, or notice to proceed is void unless executed by an authorized City official in accordance with the Code of Ordinances and supported by lawful funding and appropriation.

27.2 Review and Proposed Revisions

Bidders should carefully review the Draft Contract before submitting a Bid. Any proposed changes to the terms or language must be submitted in writing with the Bid. Bidders should note that proposed revisions may cause the Bid to be rejected if the City finds the changes unacceptable.

For this reason, any revisions should be reviewed by an Authorized Representative who has the authority to execute the Contract.

27.2.1 Exceptions, Qualifications, and Conditional Bids:

Exceptions, Qualifications, and Conditional Bids. Any exception, assumption, alternate term, or conditional language not submitted on the City’s Exceptions Form is deemed not submitted and will not be considered. The City may reject as nonresponsive any Bid containing conditions, reservations, limitations, or deviations from the ITB or Draft Contract, whether stated in the Bid, attached correspondence, standard terms, hyperlinks, or vendor templates incorporated by reference.

27.3 Execution Process

Once the Bidder is approved by the City of South Fulton City Council, the City will issue three (3) unsigned Contract copies. The Bidder must sign all three copies and return them along with required insurance certificates and any other documents listed in the ITB within ten (10) calendar days of receiving the agreements.

27.4 Failure to return executed Contract documents and required insurance and compliance

Documents within the stated period may result in rejection of the award, forfeiture of the Bid Bond, and award to the next lowest responsive and responsible Bidder.

28. Illegal Immigration Reform and Enforcement Act: This ITB is subject to the Illegal

Immigration Reform and Enforcement Act of 2011, formerly known as the Georgia Security and Immigration Compliance Act.

28.1 E-Verify Requirement

All Bidders must provide proof that they are registered with, and will continue to participate in, the E-Verify Program operated by the U.S. Department of Homeland Security.

28.2 Required Forms

The Contractor and Sub-Contractor Affidavit Forms are included in Appendix B:

Required Form Submittals must be submitted with the Bid. State law prohibits the City from considering any Bid that does not include these completed forms.

28.3 Business Structure Requirements

• If the Bidder is required to have an Employer Identification Number (EIN), the

Contractor Affidavit must be completed on behalf of that entity and include its Federal Work Authorization User ID Number.

• If the Bidder does not require an EIN, each entity within the corporate structure must submit its own Affidavit.

28.4 Responsibility of Bidders

This notice does not provide legal advice. Bidders are responsible for understanding and complying with all requirements of the Act.

28.5 Additional Information

To learn more about or enroll in the E-Verify Program, visit:

https://e-verify.uscis.gov/enroll. Instructions for completing the Contractor Affidavit appear in the section preceding this form in the ITB.

29. Bid Protest Procedure: Any Bidder wishing to protest the Bid award must file a written protest within five (5) business days of the issuance of the Notice of Intent to Award.

29.1.1 The protest must:

29.1.2 Be addressed to: Procurement Director, City of South Fulton

29.1.3 Clearly identify the solicitation number and basis for protest, to include supporting documentation for the City to review and respond within a reasonable time.

29.1.4 Protests must be in writing and must set forth all grounds and supporting documentation known or reasonably available at the time of filing. Grounds not raised in the initial protest are waived.

29.1.5 Failure to file a protest in a timely manner waives all protest rights.

30. Joint Ventures: Each party to a Joint Venture will be required to fully complete and submit the Required Submittal Forms unless otherwise indicated in this ITB.

31. Conflict of Interest: Bidders are advised to read and familiarize themselves with the conflict-of-interest provisions of this ITB. The City reserves the right to issue an ITB for specific projects that are independent of ITB #26-13 RESURFACING OF HIGH OCCUPANCY CORRIDORS AND TIER III PROJECTS. Except as stated in this ITB, these Instructions, and the Notice to Bidders concerning Conflicts of Interests, successful Bidders under this ITB are not precluded from responding to such solicitations.

32. Tax Exemption Status: The City is exempt from Federal Excise Tax or Georgia Sales Tax regarding goods and services purchased directly by the City of South Fulton, and tax exemption certificates will be furnished upon request.

33. Codes, Permits, Fees, Licenses, and Laws: All permits, fees, arrangements for https://e-verify.uscis.gov/enroll inspections, licenses, and costs incurred for the same must be the sole responsibility of the successful Bidder. All materials, labor, and construction must comply with all applicable rules and regulations of local, state, and/or national codes, laws, and ordinances of all authorities having jurisdiction over the project, which must apply to the Contract throughout and will be deemed to be included in the Contract the same as though herein written out in full.

34. TITLE VI SOLICITATION NOTICE - The City of South Fulton, GA, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations (28 CFR Part 42), hereby notifies all Bidders or offerors that it will affirmatively ensure that for any Contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded a full and fair opportunity to submit Bids in response to this invitation and will not be, on the grounds of race, color, or national origin, excluded from participation in, denied the benefits of, or subject to discrimination in consideration for an award for any program or activity that receives Federal funds or other Federal financial assistance.

35. Payment Terms: The City will provide payment within thirty (30) calendar days of receipt of an undisputed invoice. Milestone of phased billing will be permitted when deliverables are clearly defined.

36. Minimum Requirements: Minimum experience requirements are mandatory and shall be evaluated on a pass-fail basis. Bidder must demonstrate at least three (3) verifiable years of experience performing services substantially similar to the Scope of Services. Failure to demonstrate requires experience shall render the Bid nonresponsive or non-responsible as applicable.

37. Encouragement of Partnerships: Local Businesses are encouraged to form Joint Ventures, Sub-Contracting arrangements, or consortia to meet the requirements of this ITB. Prime Bidder is encouraged to include small businesses in their teams.

The City reserves the right to reject any submission that fails to comply with these electronic submission requirements.

38. Electronic Signature Acknowledgement: The City of South Fulton utilizes Adobe Sign, or another City-approved electronic signature platform, for the official execution of a contract, by submitting a Bid and, if awarded, executing a contract with the City, the Bidder acknowledges and agrees to the following:

38.1 Legally Binding: An electronic signature executed possesses the same legal force and effect as a handwritten signature, in accordance with the Georgia Uniform Electronic Transactions Act (O.C.G.A. § 10-12-1 et seq.), the Federal Electronic Signatures in the Global and National Commerce Act (15 U.S.C. § 7001 et seq.), and any other applicable law.

38.2 Authority to Sign: The individual executing the contract electronically on behalf of the Bidder affirms their authority to bind the Bidder to the terms of the contract.

38.3 Official Record: The fully executed contract, as maintained by the City, shall serve as the official and binding version of the contract for all purposes.

38.4 No Requirement for Paper Originals: Unless specifically requested by the City no paper copies or handwritten signatures shall be necessary for the validity or enforceability of the contract.

39. Electronic Communications: All communications pertaining to this Solicitation and any resulting contract, including but not limited to Addenda, Notices of Award, contract amendments, and other official correspondence, shall be transmitted electronically by the City of South Fulton. The Bidder agrees to the following terms:

39.1 Official Delivery: Communications sent by the City shall be considered officially delivered on the date and time transmitted, unless the City encounters an error message indicating unsuccessful transmission.

39.2 Responsibility to Monitor:

Bidder is responsible for actively monitoring the email address and/or electronic platform designated in their Bid submission for communications from the City. Failure to receive or review electronic communications shall not exempt the Bidder from any obligations under this ITB or any resulting contract.

39.3 Legal Effect: Electronic communications issued in accordance with this section shall carry the same legal force and effect as if provided in hard copy.

REST OF PAGE LEFT BLANK INTENTIONALLY

INTRODUCTION

The City solicits sealed Bids from qualified Contractors to furnish all labor, materials, equipment, traffic control, supervision, and incidentals necessary to perform roadway resurfacing and associated pavement improvements for High Occupancy Corridors and Tier III Roadways as specified herein. This procurement is an Invitation to Bid. Award, if made, will be to the lowest responsive and responsible Bidder in accordance with the City Code and the requirements of this ITB. The City may award, reject any and all Bids, waive informalities, and cancel this ITB in whole or in part when it is in the City’s best interest.

1. INTENT TO AWARD

The City intends to award a contract to the lowest responsive and responsible Bidder based strictly on price. No ranking, scoring, or qualitative evaluation methodology will be applied.

Responsibility - The City will determine whether the Bidder meets the following standard requirements:

1. Has the appropriate and adequate technical experience required

2. Has adequate personnel and equipment to perform the work expeditiously

3. Ability to comply with the required or proposed delivery and installation schedule

4. Has a satisfactory record of performance

5. The ability of Bidder to provide future maintenance and/or service

6. Has adequate financial means to meet obligations incidental to the work; and such other factors the City deems to be pertinent to either the Bid or the Contract.

The City may request additional documentation after bid opening to validate the responsibility factors listed above.

Responsiveness - The City will determine the Bidder’s responsiveness based on whether the Bidder has submitted complete Bid documents that meet ITB requirements without irregularities, exclusions, special conditions, or alternative Bids for any item unless specifically requested in the ITB.

Criteria Only Bids determined to be both responsive and responsible will be considered for award.

The City will award the contract to the lowest priced Bidder meeting all pass-fail requirements.

No Scoring or ranking The City will not use weighted scoring, interviews, ranking, or qualitative evaluations. This Invitation to Bid is awarded strictly based on the lowest responsive and responsible Bid, in accordance with Georgia procurement law.

City Rights The City reserves the right to reject any Bid deemed non-responsive, non-responsible, or not in the City's best interest; to waive technicalities; and to accept the Bid that complies with all non-mandatory requirements and offers the lowest price.

2. TERM OF CONTRACT

The initial term is one (1) year. The City may renew for up to three (3) additional one (1) year periods, for a maximum total term of four (4) years. Renewals are at the City’s sole discretion and are not guaranteed. The Bidder will mobilize with sufficient forces such that all work is completed within the specified time of each project.

Renewals require written notice, satisfactory performance, continued funding, and no material scope changes. The City may decline renewal for convenience.

3. SUB-CONSULTANTS AND SUB-CONTRACTORS

3.1. Bidder must ensure the standards for each of its Sub-Consultants and Sub-Contractors, as listed below and in each part of this ITB, are met. Verification must include documentation that each Sub-Consultant or Sub-Contractor meets the criteria required to perform the work, including any professional license, certification, or insurance requirements of this ITB, any governmental agency having jurisdiction over the matter, or any law or regulation about the work or requirements. The Bidder must not furnish any statement, representation, or certification in connection with Sub-Consultants or Sub-Contractors that is materially false, deceptive, incorrect, or incomplete. Failure of the Bidder to provide information concerning the reliability of any Sub-Consultant or Sub-Contractor may result in a finding that the Bidder is not responsible.

3.2. All proposed Subcontractors and suppliers performing Work shall be identified in the Bidder’s response. Contractor shall ensure each Subcontractor has adequate personnel, experience, facilities, financial capacity, and business systems to perform its assigned scope. The City reserves the right to approve or reject any Subcontractor.

Replace section 3.3 with this exact language.

3.3. Contractor is responsible for verifying the existence, authenticity, and expiration dates of all licenses and certifications required for Contractor and all Subcontractors performing Work.

Failure to maintain required licensure or certification is a material breach and may result in termination for cause effective upon loss of licensure or certification. The City may require immediate removal of any unlicensed or uncertified entity from the Project.

3.4. The City must approve all Sub-Consultants and Sub-Contractors before performing. Bidder must receive written permission to add Sub-Consultants or Sub-Contractors not initially submitted with the Bidder’s response. Sub-Consultants and Sub-Contractors must not subcontract any portion of their work pursuant to this ITB without the written consent of the City. Failure of the Bidder to obtain from the City prior approval of each Sub-Consultant or Sub-Contractor performing work on the project may result in suspension of work by that Sub- Contractor, removal of work performed by unapproved Sub-Contractor(s), and all permissible sanctions against the Bidder.

4. MINIMUM REQUIREMENTS

4.1. The Bidder must have at least three (3) verifiable years of experience with similar projects in accordance with the scope of work of this ITB. GDOT prequalification or registration shall be required only to the extent specified in an individual task order, including where GDOT funding, permitting, or GDOT-mandated standards require it.

4.2. The Bidder’s Project supervisor must have a minimum of one (1) year of experience directly related to work site traffic control, and be certified by the American Traffic Safety Services Association as a worksite traffic control supervisor.

4.3. The Bidder must have an inspector who meets the requirements of a “Certified Person” by the

Georgia Soil and Water Conservation Commission (GSWCC) (Fundamentals Seminar Level IA) assigned to the project.

5. Liquidated Damages

Time is of the essence. If Contractor fails to achieve Substantial Completion within the Contract Time stated in the Notice to Proceed, as adjusted only by a Change Order executed by the City, Contractor shall pay the City liquidated damages in the amount stated in the Special Conditions for each calendar day of unexcused delay until Substantial Completion, subject to any stated cap. The Parties agree such liquidated damages are a reasonable pre estimate of the City’s damages and not a penalty. The City may assess liquidated damages in addition to other remedies available at law or in equity, provided the City shall not recover duplicative delay damages for the same period.

6. Confidentiality/Data Security Contractor shall protect and maintain the confidentiality of all nonpublic City information obtained, accessed, or created in connection with this ITB and any resulting Contract.

Contractor shall use administrative, technical, and physical safeguards consistent with industry standards to prevent unauthorized use, access, disclosure, or alteration. Contractor shall promptly notify the City in writing of any suspected or confirmed unauthorized access or disclosure and shall cooperate fully with the City’s response and remediation efforts.

7. Standard Construction Control:

Work Authorization: Work shall be performed pursuant to the Contract and City issued Notice to Proceed. The City reserves the right to adjust quantities, sequencing, and project priorities.

ATTACHMENT A

SCOPE OF WORK

SCOPE OF WORK

ITB 26-13R RESURFACING OF HIGH OCCUPANCY CORRIDORS AND TIER III PROJECTS

Contractor shall furnish all labor, materials, equipment, traffic control, supervision, permits, and incidentals necessary to perform roadway resurfacing, pavement rehabilitation, milling, patching, striping, and related improvements.

The City intends to award a unit price contract for resurfacing and pavement improvements on High Occupancy Corridors and Tier III Projects. Project locations will be identified by the City.

Work shall conform to GDOT Standard Specifications and City requirements. Quantities are estimates for bid evaluation and budgeting and may increase or decrease. Payment shall be based on verified quantities installed and accepted.

Work Directives. The City may issue written Work Directives identifying location limits, estimated quantities, sequencing, traffic control requirements, and schedule. Work Directives are administrative in nature and do not modify contract price or time unless executed as a Change Order in accordance with the Contract.

1. The City has budgeted for qualified firms to provide Resurfacing Projects, repairing and stabilizing damaged corridors and roadways for the City of South Fulton, as specified in this ITB 26-13R, Attachment A, Scope of Services (SOS) and any additional specifications, general requirements, project-specific special provisions, special conditions, or other Contract document attached hereto and incorporated herein by reference. The Contractor should have a proven track record of delivering high-quality products and excellent customer service, as well as other specifications in this ITB as directed by the City in accordance with the requirements listed herein.

2. The purpose of this Invitation to Bid (ITB) is to select qualified Contractors, with individual project costs based on the Unit Prices submitted by the selected Contractor, for an initial term of one (1) year. The City may renew for up to three (3) additional one (1) year periods, for a maximum total term of four (4) years. Renewals are at the City’s sole discretion and are not guaranteed.

3. Asphalt Price Adjustment: Compensation for asphalt binder and asphalt mix components, if applicable, will be adjusted in accordance with the Georgia Department of Transportation Asphalt Cement Price Index and GDOT Special Provision 109.11, as amended, applied monthly. This provision controls and supersedes any other index-based escalation language.

3.1. Asphalt Cement Price Adjustments. Any adjustment for asphalt cement or asphalt binder components, if applicable, shall be administered exclusively in accordance with Article 3 of the Contract and GDOT Special Provision 109.11. In the event of conflict, Article 3 controls.

4. The projects vary in magnitude and scope. Typical projects may include, but are not limited to the following:

4.1 High Occupancy Corridors

4.2 TSPLOST Tier III Roadways

5. All work under this Contract must be performed in accordance with Georgia Department of

Transportation (GDOT) Standard Specifications for Construction of Transportation Systems and other GDOT specifications as applicable.

6. The Contractor’s compensation for asphalt materials shall be adjusted based on the Georgia

Department of Transportation (GDOT) Asphalt Cement Price Index, as published in Special Provision 109.11. Adjustments will be applied monthly in accordance with GDOT’s published procedures. This clause shall supersede other cost index provisions in the event of conflict.”

7. The City will waive any permit fees for the individual projects.

8. The Contractor and the City will conduct one (1) contract and pre-construction meeting before each task order activity. The Contractor and the City will discuss the terms of the task order as well as the schedule for the Work. The Contractor must submit a construction schedule to the City one week before the meeting.

9. The Contractor is responsible for calling for utility locations before the start of work. It must be the Contractor’s responsibility to coordinate his work with any utility owner who may conflict with his work. No claims will be considered for extra compensation.

10. Proof of insurance that may include General Liability, Commercial Auto, Workers

Compensation, Builders Risk, and Professional Services Liability with coverage of not less than $1 million. combined single limit per occurrence, and with contractual liability coverage for Contractor’s covenants to and indemnification of the City under the Contract. Bid Bond and Payment & Performance Bond may be required.

11. This Solicitation is an Invitation to Bid. The award will be made to the lowest responsive and responsible Bidder based on the Base Bid and completed Bid Form. The City will not conduct interviews, demonstrations, shortlisting, or qualitative scoring. No evaluation factor other than responsiveness, responsibility, and price will be used for the award.

Award is strictly lowest responsive and responsible Bidder; no qualitative factors will be considered, and any deviation voids the evaluation method.

12. The following are criteria for the City:

12.1 Copy of business license and proof of being in business for at least three (3) years.

Provide a copy of the State Utility Contractor’s License with the name and phone number of the registered agent.

12.2 GDOT prequalification or registration shall be required only to the extent specified in an individual task order, including where GDOT funding, permitting, or GDOT-mandated standards require it.

12.3 Name and telephone number of the Contractor’s designated contact.

12.4 Verifiable references for similar projects: References may be validated by the City after Bid opening as part of the responsibility determination.

12.5 Quantities are estimates provided solely for bid evaluation. Actual quantities may increase or decrease based on field conditions and City requirements. Payment shall be based on verified quantities at unit prices bid.

SCOPE OF COMPLIANCE

“Work” means roadway resurfacing, pavement rehabilitation, milling, patching, base repair, asphalt placement, striping, traffic control, cleanup, and related incidental construction services performed under Task Orders issued by the City.

1. The general descriptions of each item of work are as described in the Georgia Department of

Transportation’s (GDOT) standards and specifications (2013 Edition, and the applicable Special Provisions and Supplemental Specifications modifying the 2013 standard specifications), complete and accepted. Any conflicts that might occur during the construction work or any disputes that might be related to the compensation of any work shall be decided based on the GDOT standards and specifications. No claims will be considered for extra compensation.

2. Upon the completion of each street, any excess items that might be left over from the construction-related work, including asphalt pieces / excess aggregate, shall be removed, or broomed off and disposed of properly by the Contractor within twenty-four (24) hours. Upon completion of each geographical area, the Contractor shall use a street sweeper on all streets.

The cost for such removal and disposal of such items will be included in the other unit price Bid. No claims will be considered for extra compensation. NOTE: In the event the Contractor fails to sweep the road within 24 hours, the City may direct clean-up BY OTHERS, in which case this cost would be deducted from the Contractor’s payment.

3. The Contractor shall be responsible for ensuring all cross-slopes are within tolerance by GDOT specifications and proper drainage flow is achieved. In particular, the Contractor should restore proper drainage flow at intersections to prevent ponding along the radius. At no cost to the City, the Contractor will be liable for cleaning out any drainage system or roadway material that enters the drainage system during the term of the project.

4. Contractor shall resurface and stripe these roads according to the standards set by the Georgia

Department of Transportation (GDOT). Temporary Striping shall be installed immediately following the completion of each road

STANDARD CITY CONTRACT

The Draft Contract attached hereto as Exhibit B is a standard City document that should be thoroughly reviewed by all Bidders prior to submitting a Bid. Refer to Information and Instructions to Bidders, Award and Execution of Contract in this ITB. Modifications or additions to the City’s Standard Contract will not be entertained after award.

ATTACHMENT B

BONDING AND INSURANCE REQUIREMENTS

BONDING AND INSURANCE REQUIREMENTS

A. Insurance Requirements

1. Statutory Workers' Compensation Insurance

Employers Liability:

Bodily Injury by Accident - $500,000 each accident Bodily Injury by Disease - $500,000 policy limit Bodily Injury by Disease - $500,000 each employee

2. Commercial General Liability Insurance

2.1.1 $1,000,000 limit of liability per occurrence for bodily injury and property damage

2.1.2 Separate Owner's and Contractor's Protective policy with City South Fulton (and any applicable authority) as Named Insured

2.1.3 The following additional coverages must apply:

2.1.3.1 The City of South Fulton shall be endorsed as an Additional Insured on the insurance policies, with coverage provided on a primary and non-contributory basis.

2.1.3.2 1986 (or later) ISO Commercial General Liability Form

2.1.3.3 Dedicated limits per project site or location (CG 25 03 or

2.1.3.4 a modification for completed operations or a separate endorsement covering Completed

Operations)

2.1.3.5 Blanket Contractual Liability

3. Broad Form Property Damage

3.1. Severability of Interest

3.2. Underground, explosion, and collapse coverage

3.3. Personal Injury (deleting both Contractual and employee exclusions)

3.4. Incidental Medical Malpractice

3.5. Hostile Fire Pollution Wording

4. Auto Liability Insurance 5.

• $2,000,000 limit of liability per occurrence for bodily injury and property damage.

• Comprehensive form covering all owned, non-owned, leased, hired, and borrowed vehicles.

• Additional Insured Endorsement.

• Contractual Liability.

b. Umbrella Liability Insurance - Minimum $5,000,000 limit of liability

(Higher limit may be required depending on the extent of the Contract) The following additional coverages must apply:

• Additional Insured Endorsement

• Concurrency of Effective Dates with Primary

• Blanket Contractual Liability

• Drop Down Feature

• Care, Custody, and Control - Follow Form Primary

• Aggregates: Apply Where Applicable in Primary

• Umbrella Policy must be as broad as the primary policy

• City of South Fulton (and any applicable Authority) should be shown as an additional insured on General Liability, Auto Liability and Umbrella Liability policies and noted accordingly on the Certificate of Insurance.

Certificate Holder must read:

City of South Fulton

4715 Frederick Avenue SW Atlanta, GA 30336

5. The cancellation provision should provide 30 days’ notice of cancellation.

6. Insurance Company, except Worker's Compensation carrier, must have an A.M. Best Rating of A-10 or higher. Certain Workers' Comp funds may be acceptable with the approval of the Risk Management Division. European markets, including those based in London and domestic surplus lines markets that operate on a non-admitted basis, are exempt from this requirement provided that the Contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A-10 or better.

Insurance Equivalency, The City Risk Management Division may approve in writing, equivalent coverage forms, endorsements or financially comparable carriers when the City determines the proposed alternative provides substantially similar protection.

Any approval must be in writing and is effective only for the specific contract period or task order identified

a. The Insurance Company should be licensed to do business by the

Georgia Department of Insurance.

b. Certificates of Insurance, and any subsequent renewals, must reference specific Bid/Contract by project name and project/Bid number.

c. The Contractor must agree to provide complete certified copies of current insurance policy(ies) or a certified letter from the insurance company(ies) if requested by the City to verify compliance with these insurance requirements.

d. All insurance coverages required to be provided by the Contractor will be primary over any insurance program carried by the City.

e. Contractor must incorporate a copy of the insurance requirements as herein provided in each subcontract with each Sub-Contractor in any tier and must require every Sub-Contractor of any tier to comply with all such requirements. Contractor agrees that if, for any reason, Sub- Contractor fails to procure and maintain insurance as required, all such required Insurance must be procured and maintained by Contractor at Contractor's expense.

f. No Contractor or Sub-Contractor must commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to the City of South Fulton as to form and content has been filed with the City of South Fulton.