ITB _ Stacks Road Full Depth Reclamation (FDR.pdf

The City of South Fulton, Georgia Purchasing Department

4715 Frederick Dr. SW, Atlanta, Ga. 30336 Phone:

470-809-7700

Website: Purchasing Department | South Fulton, GA http://(cityofsouthfultonga.gov)2462/Purchasing-Department

Lindell Y. Miller, C.P.P.O, M.B.A.-Procurement Director

INVITATION TO BID

ITB # 24-15

STACKS ROAD FULL DEPTH RECLAMATION PROJECT

SCHEDULE OF EVENTS DATE

Bid Release Date: Thursday, March 14, 2024

Non-Mandatory Pre-Bid Conference:

A Non-Mandatory Pre-Bid Conference will be held virtually by our staff and responsible person(s). To attend the Pre-Bid Conference, please refer to Information and Instructions to Bidders, Item # 11 for details.

Thursday, March 28, 2024

10:00 A.M.

Deadline for questions:

Questions must be submitted online at:

https://www.bidnetdirect.com/georgia/cityofsouthfulton

Thursday, April 4, 2024 3:00 P.M.

Answers will be posted by addendum at:

https://www.bidnetdirect.com/georgia/cityofsouthfulton Friday, April 5, 2024

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. If you need any 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 Information and Instructions to Bidders, Item # 10 for details.

Thursday, April 18, 2024

3:00 P.M.

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:

IF AWARDED THE PROJECT FOR THIS SOLICITATION, THE CITY WILL SUBMIT THE ATTACHED DRAFT CONTRACT, IN ITS FINAL FORM, TO THE AWARDEE FOR SIGNATURE. PLEASE READ IN ITS ENTIRETY. ANY EXCEPTIONS SHOULD BE NOTED ON THE F6.12 EXCEPTIONS FORM.

https://www.cityofsouthfultonga.gov/2158/Finance-Administrative-Services https://www.cityofsouthfultonga.gov/2158/Finance-Administrative-Services https://www.bidnetdirect.com/georgia/cityofsouthfulton https://www.bidnetdirect.com/georgia/cityofsouthfulton

ITB # 24-15 STACKS ROAD FULL DEPTH RECLAMATION Page 2 of 134

TABLE OF CONTENTS

1. INFORMATION AND INSTRUCTIONS TO BIDDERS

2. SUBMITTAL CHECKLIST

3. INTRODUCTION

4. SCOPE OF SERVICES

5. MINIMUM REQUIREMENTS

6. STANDARD CITY CONTRACT

7. APPENDICES

Appendix A – Bonding and Insurance Requirements Appendix B – Required Form Submittals

8. ATTACHMENTS

Attachment A – Scope of Services Attachment B – Bid Cost Form ............................................................................ 56.

Attachment C – Draft City Contract

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ITB # 24-15 STACKS ROAD FULL DEPTH RECLAMATION PROJECT

INFORMATION AND INSTRUCTION TO BIDDERS

1. Invitation to Bids: This Invitation to Bid (ITB) is for qualified Firms hereinafter referred to as Bidder (“Bidder” or “Bidders”) for STACKS ROAD FULL DEPTH RECLAMATION PROJECT. A detailed Scope of Services is set forth in this ITB.

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, protest, including, but not limited to, the City’s Code of Ordinances, which laws are incorporated into this ITB by reference.

3. Minimum Qualifications: Each Bidder and team member shall have the minimum experience set forth 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, Sub-Consultants and Sub-Contractors.

5. Business License: Bidder is requested to submit a copy of its current, valid business license with its Bid. If the Bidder is a Georgia corporation, Bidder is requested to submit a valid City or city business license. If Bidder is a joint venture, Bidder is requested to submit valid business licenses for each member of the joint venture. If the Bidder is not a Georgia corporation, Bidder is requested to submit a Certificate of Authority to Transact Business in the State of Georgia and a copy of its current, valid business license issued by its home jurisdiction.

6. General Contractor’s License: Bidders responding to this ITB must provide a copy of its 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 in the name of its qualifying agent. If a proposed Bidder is relying upon a qualifying agent’s Georgia General Contractor’s License, then the name of the proposed Bidder must be set forth on the license as an affiliated business organization/dependent licensee. All licenses must be current, valid, and issued in compliance with applicable law. Failure to provide this license with the Bid may result in the proposed Bid being deemed non-responsive.

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

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8. No Offer by City and Firm Offer by Bidder: This solicitation does not constitute an offer by City to enter into an agreement and cannot be accepted by any Bidder to form a Contract. This solicitation is only an invitation for offers from interested Bidders and no offer shall bind City. A Bidder’s offer is a firm offer and may not be withdrawn except as provided in this ITB, and in the City’s Code of Ordinances and other 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 Thursday, April 18, 2024, by 3:00 P.M. Eastern Time (ET). To attend the Bid Opening, please access Microsoft Teams via the app or on the web by utilizing the below information:

Meeting ID: 213 841 466 063 Passcode: Z9qRTL

Or call in (audio only)

+1 470-582-0113,964347599# United States, Atlanta

Phone Conference ID: 964 347 599#

11. Non-Mandatory Pre-Bid Conference: A Non-Mandatory Pre-Bid Conference has been scheduled for Thursday, March 28, 2024, at 10:00 A.M., ET., and will be hosted virtually by our staff and responsible person(s). To attend the Pre-Bid Conference, please access Microsoft Teams via the app or on the web by utilizing the below information:

Meeting ID: 260 284 300 677 Passcode: y8c95d

Or call in (audio only)

+1 470-582-0113,,693435119# United States, Atlanta

Phone Conference ID: 693 435 119#

Attendance at the Pre-Bid Conference is not mandatory for Bidders responding to this ITB. During the Pre-Bid Conference, the general requirements of the project will be discussed. Any questions during the Pre-Bid Conference will not be authoritative. Each Bidder must be fully informed regarding all existing and expected conditions and matters, which might affect the cost or performance of the Services. It should be emphasized, however, that nothing stating or discussed during the course of this Pre-Bid conference shall be considered to modify, alter, or change the requirement of the solicitation documents, unless it shall be subsequently incorporated into an addendum to the solicitation documents.

https://www.bidnetdirect.com/georgia/cityofsouthfulton tel:+14705820113,,964347599#%20 tel:+14705820113,,693435119#%20

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12. Solicitation Questions/Prohibited Contacts: Any questions and communications regarding this ITB shall be submitted in writing by logging into https://www.bidnetdirect.com/georgia/cityofsouthfulton on or before Thursday, April 4 , 2024, by 3:00 P.M. ET. Questions received after the designated period may not be considered. Any response made by the City will be posted online at https://www.bidnetdirect.com/georgia/cityofsouthfulton by addendum. No Bidder may rely on any verbal response to any question submitted concerning this ITB.

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 Purchasing Department 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 given Contract prior to a recommendation of award to the City Council is strictly prohibited. The Purchasing Department will review alleged violations of this prohibition. If the Director of Purchasing determines that such a communication has compromised the competitive process, 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.

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 shall not be liable for any bid preparation costs incurred by Bidders.

15. 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.

Pursuant to O.C.G.A. § 50-18-72(a)(34), “[a]n entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 [O.C.G.A. § 10-1-760 et seq.]”.

16. Bonding and Insurance Requirements: The Bonding and Insurance requirements for any Contract that may be awarded pursuant to this ITB are set forth 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” shall 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.

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17. Sub-Consultants and Manufacturers: Bidders are required to submit, in writing, the addresses of any proposed Sub-Consultants and suppliers 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, or resources, or experience are deemed inadequate.

18. Examination of Bid Documents:

18.1 Each Bidder is responsible for examining with appropriate care the complete ITB and all Addenda and for informing itself with respect to 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.

18.2 Each Bidder shall 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 made in the form of an addendum to the ITB, which will be issued simultaneously to all potential Bidders. No oral responses are binding on the City.

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

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

18.5 The City may waive any technicalities and formalities in this solicitation.

Additionally, the City reserves the right to cancel the ITB in its entirety.

18.6 EXTENSION OF PRICES In case of error in the extension of prices in the bid, the unit prices will govern.

18.7 BID COST FORM All blank spaces for bid cost form must be filled in. if there is no cost for an item on the bid cost form, indicate by $0.00.

18.8 The City of South Fulton may disqualify Bids as a result of, but not necessarily limited to, the following reasons:

18.8.1 Failure to follow the City of South Fulton’s Bid schedule;

18.8.2 Failure to return applicable compliance and/or specification sheets;

18.8.3 Failure to return applicable addenda;

18.8.4 Failure to provide information on alternates or equivalents, when allowed;

18.8.5 Failure to provide bid bond when specifically stated will result in automatic rejection;

18.8.6 Failure of bidder to sign all requested documents;

18.8.7 Failure to submit Bid by deadline;

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18.8.8 Failure of Contractor to extend prices; Unit Price

18.8.9 Failure to hold firm pricing;

18.8.10 Failure to meet specified delivery requirements;

18.8.11 Prices for services or items that exceeds the department's budgeted amount allowed for those items;

18.8.12 A bid submitted by a Person on the Ineligible Source List;

18.8.13 A bid which is non-responsive; and/or

18.8.14 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.

19. Award and Execution of Contract: If the City awards a Contract pursuant to this solicitation, the City will prepare and forward to the Bidder a Contract for execution substantially in the form of the Draft Contract included in this ITB. Changes may be made to reflect the Bidder’s Bid, Scope of Services, and Cost Bid Forms. All Bidders should thoroughly review the Draft Contract prior to submitting a Bid. Any proposed revisions to the terms or language of the Draft Contract must be submitted in writing with the Bidder’s response to the ITB. Since the proposed revisions may result in a Bid being rejected if the revisions are unacceptable to the City, Bidder should review any proposed revisions with an Authorized Representative having the authority to execute the Contract. Upon approval of the Bidder by the City of South Fulton City Council, the City will provide the Bidder with an electronic copy of the unsigned Contract. The Bidder shall execute and return the Contracts, with required insurance certificates and other documents as listed in this ITB or required by the City, within no more than ten (10) calendar days from receipt of the agreements.

20. Illegal Immigration Reform and Enforcement Act: This ITB is subject to the Illegal Immigration Reform and Enforcement Act of 2011 (Act), formerly known as the Georgia Security and Immigration Compliance Act. Pursuant to Act, the Bidder must provide with its Bid proof of its registration with and continuing and future participation in the E-Verify Program established by the United States Department of Homeland Security. Completed Contractor Affidavit, Illegal Immigration Reform and Enforcement Act Forms attached herein as Form F6.6 and F6.7, Appendix B:

Required Form Submittals must be submitted with the Bid at the time of submission. Under State Law, the City cannot consider any Bid which does not include the completed F6.6 form. Where the business structure of a Bidder is such that Bidder is required to obtain an Employer Identification Number (EIN) from the Internal Revenue Service, Bidder must complete the Contractor Affidavit on behalf of, and provide a Federal Work Authorization User ID Number issued to, the Bidder itself. Where the business structure of a Bidder does not require it to obtain an EIN, each entity comprising the corporate entity must submit a separate Contractor Affidavit. It is not the intent of this notice to provide detailed information or legal advice concerning the Act. All Bidders intending to do business with the City are responsible for independently apprising themselves of and complying with the requirements of the Act and assessing its effect on City solicitations and their participation in those solicitations. For additional information on the E-Verify program or to enroll in the program, go to: https://e-verify.uscis.gov/enroll.

Additional information on completing and submitting the Contractor Affidavit can

ITB # 24-15 STACKS ROAD FULL DEPTH RECLAMATION Page 8 of 134 be found preceding this form in this ITB.

21. Multiple Awards: The City reserves, in its sole discretion, the right to make one

(1) award, no award, or award to multiple Bidders. The award(s) will be based on the Bid in its entirety or by components.

22. 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.

23. 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 ITBs for specific projects that are independent of ITB #24-15 Stacks Road Full Depth Reclamation. 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.

24. Tax Exemption Status: The City is exempt from Federal Excise Tax or Georgia Sales Tax with regard to goods and services purchased directly by the City of South Fulton. Exemption certificates furnished upon request.

25. Codes, Permits, Fees, Licenses and Laws: All permits, fees, arrangements for inspections, licenses, and costs incurred for the same shall 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 shall apply to the Contract throughout and will be deemed to be included in the Contract the same as though herein written out in full.

26. 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.

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ITB # 24-15 STACKS ROAD FULL DEPTH RECLAMATION

PROJECT

SUBMITTAL CHECKLIST

1. Please use the following checklist to verify that all required information is included in your bid.

2. It is the sole responsibility of each Bidder to ensure that their bid is inclusive of all Submittals outlined below or elsewhere in this ITB.

3. Failure to submit any of the items below may cause rejection of the Bid.

4. Bidders are required to submit responses to solicitations electronically online at https://www.bidnetdirect.com/georgia/cityofsouthfulton. The City will not consider any bid that does not include completed Illegal Immigration Reform and Enforcement Act Affidavit Form(s).

REQUIRED DOCUMENTATION INITIAL IF INCLUDED

1. BID SOLICITATION FORM

2. ENTIRE BID

3. SUBMITTAL CHECKLIST (THIS FORM)

3. ADDENDA (IF APPLICABLE)

4. ENTIRE BID

5. BID COST (ATTACHMENT B)

6. REQUIRED FORM SUBMITTALS (APPENDIX B)

F6.1 W-9 FORM

F6.2 NON-CONFLICT OF INTEREST

F6.3 NON -COLLUSION AFFIDAVIT

F6.4 BUSINESS ENTITY CERTIFICATE

F6.5 CERTIFICATE OF AUTHORITY-JOINT VENTURE

F6.6 ILLEGAL IMMIGRATION REFORM AND

ENFORCEMENT ACT – CONTRACTOR AFFIDAVIT

F6.7 ILLEGAL IMMIGRATION REFORM AND

ENFORCEMENT ACT- SUBCONTRACTOR AFFIDAVIT

F6.8 SUBCONTRACTOR INFORMATION FORM

F6.9 ACKNOWLEDGEMENT OF BIDDER

F6.10 REFERENCE AND RELEASE FORM

F6.11 ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS

F6.12 EXCEPTIONS FORM

F6.13 CERTIFICATION OF ABSENCE OF CONFLICT OF INTEREST

FOR DEVELOPMENT OF SPECIFICATIONS OF SCOPE OF WORK

F6.14 DEBARMENT FORM

7. BUSINESS LICENSE

8. PROFESSIONAL LICENSE

9. BID BOND

Printed Name Title Date

Signature Firm Name

Email Address Phone Number

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PROJECT

1. INTRODUCTION

The City is soliciting Bids from interested and qualified firm(s) to provide road improvement and construction services for the City.

1.1 INTENT TO AWARD

The City intends to award to the responsible Bidder who has submitted the lowest cost responsive bid or whose bid represents the best value to the City for ITB # 24-15 Stacks Road Full Depth Reclamation Project. Additionally, the City reserves the right to cancel the solicitation.

1.1.1 Responsibility - The determination of the Bidder’s responsibility will be made by the City based on whether the Bidder meets the following minimum standard requirements:

1.2.1.1 Has the appropriate and adequate technical experience required;

1.2.1.2 Has adequate personnel and equipment to perform the work expeditiously;

1.2.1.3 Ability to comply with the required or proposed delivery and installation schedule;

1.2.1.4 Has a satisfactory record of performance;

1.2.1.5 The ability of Bidder to provide future maintenance and/or service;

1.2.1.6 Has adequate financial means to meet obligations incidental to the work; and

1.2.1.7 Such other factors the City deems to be pertinent to either the

Bid or the Contract.

1.2.2 Responsiveness - The determination of the Bidder’s responsiveness will be made by the City based on a consideration of whether the Bidder has submitted complete Bid documents meeting ITB requirements without irregularities, exclusions, special conditions, or alternative bids for any item unless specifically requested in the ITB.

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1.2 TERM OF CONTRACT

The Contract shall be for the duration of the construction schedule, approximately seventy-five (75) calendar days. The bidder will provide a bid for the scope of the project as defined in Exhibit A: Construction Plans. The forecasted quantities for the entire project are as described in this ITB, Attachment A Scope of Services and as better described/depicted in Exhibit A:

Construction Plans.

1.3 SUB-CONSULTANTS AND SUB-CONTRACTORS

1.3.1 Bidder must ensure the responsibility standards for each of its Sub- Consultants and Sub-Contractors as listed below and in each and every part of this ITB are met. Verification must include documentation that each Sub-Consultant or Sub-Contractor meets the responsibility criteria required to perform the work including any professional license, certification, insurance requirements of this ITB, any governmental agency having jurisdiction over the matter, or any law or regulation pertaining to the work or requirements. 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 responsibility of any Sub-Consultant or Sub-Contractor may result in a finding that the Bidder is not responsible.

1.3.2 All proposed Sub-Consultants and Sub-Contractors must be listed in the Bidder’s response. Bidder must ensure that all proposed Sub- Contractors have adequate personnel, past experience, adequate facilities, finances, and business systems to perform the scope of services. The City reserves the right to approve all Sub-Contractors and Sub-Consultants.

1.3.3 Bidder must have the responsibility of verifying the existence, authenticity, and dates of expiration of all licenses required by all Sub- Consultants and Sub-Contractors engaged in the work of this ITB. The lack of a valid license from the Bidder or any Sub-Consultant or Sub- Contractor shall be grounds for default, and for immediate termination for cause with prejudice as it relates to the Bidder, and the removal of any unlicensed entity from the project. In the event Bidder, a Sub-Consultant or Sub-Contractor is required to be licensed or certified as a condition precedent to providing goods or services under this ITB, the revocation or loss of such license or certification may result in immediate termination of the Bidder’s Contract effective as of the date on which the license or certification is no longer in effect.

1.3.4 All Sub-Consultants and Sub-Contractors must be approved by the City prior to performing. Bidder must receive written permission to add Sub- Consultants or Sub-Contractors not initially submitted with Bidder’s response. Sub-Consultants and Sub-Contractors shall not subcontract

ITB # 24-15 STACKS ROAD FULL DEPTH RECLAMATION Page 12 of 134 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.

2. SCOPE OF SERVICES

The proposed project is 0.83 miles of Full Depth Reclamation (FDR) of Stacks Road from Feldwood Road to approximately 1,000 feet west of Mallory Road intersection (this generally aligns past the main driveway at 4380 Stacks Road). The project also includes pavement widening, asphalt paving, and striping. A section of Stacks Road (about 300 feet in length) at the bridge over the CSX railroad has recently remediated repairs to the bridge and will be an exception from this project with improvements as better described/depicted in Exhibit A: Construction Plans.

3. MINIMUM REQUIREMENTS

3.1 The Bidder must be prequalified with Georgia Department of Transportation (GDOT) as a Contractor or registered as a Sub-Contractor and have three (3) verifiable years of experience in construction and maintenance of road improvement projects in accordance with these specifications. All Sub- Contractor(s) proposed for this Project are also required to be prequalified with GDOT as a Sub-Contractor(s).

3.2 The Bidder’s Project supervisor shall 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.

3.3 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.

4. PROJECT PLANS

The Project Plans for the construction of this project are attached hereto as Exhibit A.

5. STANDARD CITY CONTRACT

The Draft Contract attached hereto as Attachment C, is a standard City document which 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.

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APPENDIX A

BONDING AND INSURANCE REQUIREMENTS

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APPENDIX A

BONDING AND INSURANCE REQUIREMENTS

A. Bonding Requirements

1. Whenever a bond is provided, it shall be executed by a Surety licensed to write surety insurance in the State of Georgia and the attached Bond Forms shall be utilized.

2. All Bidders , Performance Bond and a Payment Bond, post a Bid Bond of five percent (5%) of the bid price, a Payment Bond of one hundred ten percent (110%) of the bid price and a Performance Bond of one hundred percent (100%) of the bid price, for the use of all persons doing work or furnishing skills, tools, machinery, or materials under or for the purpose of the resulting Contract, in accordance with the applicable provisions of Georgia state law, including but not limited to O.C.G.A. § 13-10-1 and § 36-91-21 et seq. The life of these bonds shall extend through the life of the Contract including a sixty- (60) day maintenance period (where applicable) and a twelve-month (12) guarantee period after the completion of Work performed under the resulting Contract.

3. It is further agreed between the parties, hereto that if at any time after the execution of the Contract and the surety bonds, the City shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance of the Work, the Contractor shall, at its sole expense and within ten (10) days after the receipt of notice from the City to do so, furnish additional bond or bonds in such form

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

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

2.3 The following additional coverages must apply:

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2.3.1 1986 (or later) ISO Commercial General Liability Form

2.3.2 Dedicated Limits per Project Site or Location (CG 25 03 or CG 25

04)

2.3.3 Additional Insured Endorsement (Form B CG 20 10 with a

modification for completed operations or a separate endorsement covering Completed Operations)

2.3.4 Blanket Contractual Liability

2.3.5 Broad Form Property Damage

2.3.6 Severability of Interest

2.3.7 Underground, explosion, and collapse coverage

2.3.8 Personal Injury (deleting both Contractual and employee exclusions)

2.3.9 Incidental Medical Malpractice

2.3.10 Hostile Fire Pollution Wording

3. Auto Liability Insurance

3.1 $2,000,000 limit of liability per occurrence for bodily injury and property damage.

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

3.3 Additional Insured Endorsement.

3.4 Contractual Liability.

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

(Higher limit may be required depending on the extent of Contract)

4.1 The following additional coverages must apply

4.1.1 Additional Insured Endorsement

4.1.2 Concurrency of Effective Dates with Primary

4.1.3 Blanket Contractual Liability

4.1.4 Drop Down Feature

4.1.5 Care, Custody, and Control - Follow Form Primary

4.1.6 Aggregates: Apply Where Applicable in Primary

4.1.7 Umbrella Policy must be as broad as the primary policy

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5. 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.

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

7. Certificate Holder shall read:

City of South Fulton 4715 Frederick Dr. SW Atlanta, GA 30336

8. Insurance Company, except Worker' Compensation carrier, must have an A.M.

Best Rating of A-10 or higher. Certain Workers' Comp funds may be acceptable by 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.

9. Insurance Company should be licensed to do business by the Georgia

Department of Insurance.

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

11. The Contractor shall 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 the compliance with these insurance requirements.

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

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

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14. No Contractor or Subcontractor shall 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 City of South Fulton as to form and content has been filed with City of South Fulton. The Acord Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute.

15. The Contractor shall agree to waive all rights of subrogation against the City, Council

Members, its officers, officials, employees, and volunteers from losses arising from work performed by the Contractor for the City.

16. Special Form Contractors’ Equipment and Contents Insurance covering owned, used, and leased equipment, tools, supplies, and contents required to perform the services called for in the Contract. The coverage must be on a replacement cost basis. The city will be included as a Loss Payee in this coverage for City owned equipment, tools, supplies, and contents.

17. The Contractor shall make available to the City, through its records or records of their insurer, information regarding a specific claim related to any City project. Any loss run information available from the Contractor or their insurer relating to a City project will be made available to the City upon their request.

18. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all Subcontractors of their liability provisions of the Contract.

19. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, and any other laws that may apply to this Contract.

20. The Contractor shall at a minimum apply risk management practices accepted by the Contractors’ industry.

BALANCE OF PAGE INTENTIONALLY LEFT BLANK

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BID BOND

"City:" means City of South Fulton Government; a political subdivision of the State of Georgia (hereinafter called the “Owner”).

"Project:" means ITB #24-15: STACKS ROAD FULL DEPTH RECLAMATION PROJECT

"Principal:" (Legal Name and Business Address), [Insert Name of Provider

(hereinafter called the “Principal”]

Type of Organization ("X" one): Individual Partnership Joint Venture Corporation

"Surety:" (Name and Business Address) duly authorized by the Commissioner of Insurance of the State of Georgia to transact surety business in the State of Georgia.

“Obligee” (Legal Name and Business Address) City of South Fulton, Georgia

4715 Frederick Dr. SW, Atlanta, GA 30336

“Penal Sum.” [5% of bid amount] in lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted, to City of South Fulton, Georgia, a bid for furnishing materials, labor, and equipment for the project.

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WHEREAS, the Principal desires to file this Bond in accordance with law in lieu of a certified Bidder's check otherwise required to accompany this Bid.

NOW, THEREFORE, the conditions of this obligation are such that if the bid be accepted, the Principal shall within (10) ten calendar days after receipt of notification of the acceptance, execute a Contract in accordance with the Bid and upon the terms, conditions, and prices set forth in the form and manner required by City of South Fulton, and execute a sufficient and satisfactory Performance Bond payable to the City of South Fulton in an amount of 100% of the total Contract Price and Payment Bond payable to the City of South Fulton in an amount of 110% of the total Contract Price, in form and with security satisfactory to said City of South Fulton, Georgia, and otherwise, to be and remain in full force and virtue in law, and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to City of South Fulton, Georgia, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. § 36-91-1 et seq., and is intended to be and shall be constructed as a bond in compliance with the requirements thereof.

SIGNATURE PAGE FOLLOWS

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IN WITNESS WHEREOF, the Principal and Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized representatives, this day of .

PRINCIPAL:

By:

President/Vice President (Sign)

President/Vice President (Type or Print)

Attested to by:

Secretary/Assistant Secretary (Seal)

SURETY:

Attorney-in-Fact (Sign)

Attorney-in-Fact (Type or Print)

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PERFORMANCE BOND

"Contract:" Agreement between Principal and Owner, dated day of , 20 , regarding performance of Work relative to the Project.

"Penal Sum:" [100% of Contract amount]

KNOW ALL MEN BY THESE PRESENTS, that we, the Principal and Surety hereto, as named above, are held, and firmly bound to the Owner in the above Penal Sum for the payment of which well and truly to be made we bind ourselves, our executors, administrators, successors, and assigns, jointly and severally.

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WHEREAS, the Principal and the Owner entered into a certain written Contract identified above, which is incorporated herein by reference in its entirety (hereinafter called the “Contract”), for construction -type services for the Project identified above;

NOW, THEREFORE, the conditions of this obligation are such that if the Principal shall faithfully and fully comply with, perform and fulfill all of the undertakings, covenants, conditions and all other of the terms and conditions of said Contract, including any and all duly authorized modifications of such Contract, within the original term of such Contract and any extensions thereof, which shall include, but not be limited to any obligations created by way of warranties and/or guarantees for workmanship and materials which warranty and/or guarantee may extend for a period of time of one year beyond completion of said Contract, this obligation shall be void; otherwise, of full force and effect.

Whenever the Principal shall be, and declared by the Owner to be, in default under the Construction -Type Contract, the Surety shall promptly remedy the default as follows:

1. Complete the Contract in accordance with its terms and conditions; or, at the sole option of the Owner,

2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety and the Owner of the lowest responsible bidder, arrange for a contract between such bidder and Owner and make available as the work progresses (even though there should be a default or succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the penal sum set forth in the first paragraph hereof, as may be adjusted, and the Surety shall make available and pay to the Owner the funds required by this Paragraph prior to the payment of the Owner of the balance of the contract price, or any portion thereof.

The term “balance of the contract price,” as used in this paragraph, shall mean the total amount payable by the Owner to the Provider under the Contract, and any amendments thereto, less the amount paid by the Owner to the Provider; or, at the sole option of the Owner, and

3. Allow Owner to complete the work and reimburse the Owner for all reasonable costs incurred in completing the work.

In addition to performing as required in the above paragraphs, the Surety shall indemnify and hold harmless the Owner from any and all losses, liability and damages, claims, judgments, liens, costs, and fees of every description, including reasonable attorney’s fees, litigation costs and expert witness fees, which the Owner may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any or all of the terms, provisions, and requirements of the Contract, ITB # 24-15 STACKS ROAD FULL DEPTH RECLAMATION Page 23 of 134 including any and all amendments and modifications thereto, or incurred by the Owner in making good any such failure of performance on the part of the Principal.

The Surety shall commence performance of its obligations and undertakings under this Bond promptly and without delay, after written notice from the Owner to the Surety.

The Surety hereby waives notice of any and all modifications, omissions, additions, changes, alterations, extensions of time, changes in payment terms, and any other amendments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, alterations, extensions of time, change in payment terms, and amendments.

The Surety hereby agrees that this Bond shall be deemed amended automatically and immediately, without formal or separate amendments hereto, upon any amendment to the Contract, so as to bind the Principal and the Surety to the full and faithful performance of the Contract as so amended or modified, and so as to increase the penal sum to the adjusted Contract Price of the Contract.

No right of action shall accrue on this Bond to or for the use of any person, entity, or corporation other than the Owner and any other obligee named herein, or their executors, administrators, successors or assigns.

This Bond is intended to comply with O.C.G.A. Section 36-91-1 et seq. and shall be interpreted so; as to comply with; the minimum requirements thereof. However, in the event the express language of this Bond extends protection to; the Owner beyond that contemplated by O.C.G.A. Section 36 -91-1 et seq. and O.C.G.A. Section 13- 10-1, as amended, or any other statutory law applicable to this Project, then the additional protection shall be enforced in favor of the Owner, whether or not such protection is found in the applicable statutes.

SIGNATURE PAGE FOLLOWS

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PAYMENT BOND

"Contract:" Agreement between Principal and Owner, dated day of , 20 , regarding performance of Work relative to the Project.

"Penal Sum:" [110% of Contract amount] KNOW ALL MEN BY THESE PRESENTS, that we, the Principal and Surety hereto, as named above, are held, and firmly bound to the Owner in the above Penal Sum for the payment of which well and truly to be made we bind ourselves, executors, administrators, successors, and assigns, jointly and severally.

WHEREAS, the Principal and the Owner entered into a certain written Contract identified above, which is incorporated herein by reference in its entirety (hereinafter called the “Contract”), for construction-type services for the Project identified above;

NOW, THEREFORE, the conditions of this obligation are such that if the Principal shall promptly make payment of all persons working on or supplying labor or materials or equipment for the performance of said work, this obligation shall be void; otherwise of full force and effect.

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1. A “Claimant’ shall be defined herein as any subcontractor, person, party, partnership, corporation or the entity furnishing labor, services or materials used, or reasonably required for use, in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of Contract with the Principal or any subcontractor performing work on the Project, including, but not limited to, the following labor, services, or materials: water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract.

2. In the event a Claimant files a lien against the property of the Owner, and the

Principal fails or refuses to satisfy or remove it promptly, the Surety shall satisfy or remove the lien promptly upon written notice from the Owner, either by bond or as otherwise provided in the Contract.

3. The Surety hereby waives notice of any and all modifications, omissions, additions, changes, alterations, extensions of time, changes in the payment terms, and any other amendments in or about the Contract and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, alterations, extensions of time, changes in payment terms, and amendments.

4. The Surety hereby agrees that this Bond shall be deemed amended automatically and immediately, without formal or separate amendments hereto, upon any amendment or modifications to the Contract, so as to bind the Principal and Surety, jointly and severally, to the full payment of any Claimant under the Contract, as amended or modified, provided only that the Surety shall not be liable for more than the penal sum of the Bond, as specified in the first paragraph hereof.

5. This Bond is made for the use and benefit of all persons, firms, and corporations who or which may furnish any materials or perform any labor for or on account of the construction-type services to be performed or supplied under the Contract, and any amendments thereto, and they and each of them may sue hereon.

6. No action may be maintained on this Bond after one (1) year from the date the last services, labor, or materials were provided under the Contract by the Claimant prosecuting said action.

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7. This Bond is intended to comply with O.C.G.A. Section 13-10-1 and shall be interpreted so as to comply with the minimum requirements thereof. However, in the event the express language of this Bond extends protection to the Owner beyond that contemplated by O.C.G.A. Section 13-10-1 and 36-91-1, et seq., or any other statutory law applicable to this Project, then the additional protection shall be enforced in favor of the Owner, whether or not such protection is found in the applicable statutes.

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APPENDIX B

REQUIRED FORM SUBMITTALS

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F6.1 W-9 FORM

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F6.2 NON-CONFLICT OF INTEREST

By submitting a bid in response to this solicitation, Bidder represents that in the preparation and submission of its bid, said Bidder did not either directly or indirectly, enter into any combination or arrangement with any person, Bidder, Corporation or enter into any agreement, participate in any collusion, or…