ITEM NO. 2022-0013 -2023 LMIG

STOCKBRIDGE OFFICE: 235 Corporate Center Dr., Suite 200, Stockbridge, GA 30281 / Phone: 770.389.8666 CUMMING OFFICE: 500 Pirkle Ferry Road, Suite C, Cumming, GA 30040 / Phone: 678.807.7100

NEWNAN OFFICE: 40 Greenway Court, Suite A, Newnan, GA 30265 / Phone: 770.755.7978

CITY OF STOCKBRIDGE

PROCUREMENT DIVISION

SPECIFICATIONS AND CONTRACT DOCUMENTS

2023 LMIG PROGRAM

ITB NO: 2022-0013

City of Stockbridge, Georgia

2023 LMIG Program

I

TABLE OF CONTENTS

SPECIFICATIONS AND CONTRACT DOCUMENTS

PART 1 – BIDDING / AGREEMENTS / BONDS / CONDITIONS

I. INSTRUCTION TO BIDDERS

II. INVITATION TO BID

III. BID FORM

IV. BID BOND

V. CONTRACTOR FURNISHED DOCUMENTS

VI. CONTRACTOR AFFIDAVIT AND AGREEMENT

VII. SUBCONTRACTOR AFFIDAVIT

VIII. FORM OF AGREEMENT

IX. NOTICE TO PROCEED

X. PERFORMANCE BOND

XI. PAYMENT BOND

II

XII. CERTIFICATE OF CONTRACTOR’S ATTORNEY

XIII. CERTIFICATE OF OWNER’S ATTORNEY

XIV. GENERAL CONDITIONS

XV. SUPPLEMENTARY CONDITIONS

XVI. PROJECT MAPS

XVII. REFERENCE VERIFICATION AND RELEASE FORM

PART II – SPECIFICATIONS

SECTION 01025 MEASUREMENT AND PAYMENT

SECTION 01100 SUMMARY

SECTION 01200 PRICE AND PAYMENT PROCEDURES

SECTION 01300 ADMINISTRATIVE REQUIREMENTS

SECTION 01323 CONSTRUCTION PROGRESS SCHEDULES

SECTION 01330 SUBMITTAL PROCEDURES

SECTION 01400 QUALITY REQUIREMENTS

SECTION 01500 TEMPORARY FACILITIES AND CONTROLS

SECTION 01600 PRODUCT REQUIREMENTS

SECTION 01630 PRODUCT SUBSTITUTION PROCEDURES

SECTION 01700 EXECUTION REQUIREMENTS

SECTION 01720 RECORD DOCUMENTS

END

SECTION I

Instruction to Bidders - Page i City of Stockbridge, Georgia

2023 LMIG Program

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page

Article 1 – Defined Terms

Article 2 – Copies of Bidding Documents

Article 3 – Qualifications of Bidders and project requirements

Article 4 – Examination of Bidding Documents, Other Related Data, and Site

Article 5 – Non-Mandatory Pre-Bid Conference

Article 6 – Site and Other Areas

Article 7 – Interpretations and Addenda

Article 8 – Bid Security

Article 9 – Contract Times

Article 10 – Liquidated Damages

Article 11 – Substitute and “Or-Equal” Items

Article 12 – Subcontractors, Suppliers and Others

Article 13 – Preparation of Bid

Article 14 – Basis of Bid; Comparison of Bids

Article 15 – Submittal of Bid

Article 16 – Modification and Withdrawal of Bid

Article 17 – Opening of Bids

Article 18 – Bids to Remain Subject to Acceptance

Article 19 – Evaluation of Bids and Award of Contract

Article 20 – Contract Security and Insurance

Article 21 – Signing of Agreement

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2023 LMIG Program

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office (City of Stockbridge, GA) – All potential Bidders can obtain a copy of the Bid and

Specifications located on the City’s website at https://www.cityofstockbridge.com/default.aspx and Georgia Procurement Registry website https://ssl.doas.state.ga.us/PRSapp/PR_index.jsp. Bid is administered by the City of

Stockbridge, Procurement Division. The City of Stockbridge’s Procurement Department will oversee all bidding for this project.

B. Plan Holders List - The project Contract Documents are available completely online as listed above and therefore a Plan Holders List will not be maintained for this project. The City of

Stockbridge’s Procurement Department will oversee all bidding for this project.

C. Owner’s Representative – Falcon Design Consultants, LLC, an independent consulting engineering firm, is the City of Stockbridge’s appointed Owner’s Representative for this project.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

A. All potential Bidders can obtain a copy of the Bid and Specifications located on the City’s website at https://www.cityofstockbridge.com/default.aspx and Georgia Procurement

Registry website https://ssl.doas.state.ga.us/PRSapp/PR_index.jsp . Bid is administered by the City of Stockbridge, Procurement Division. The City of Stockbridge’s Procurement

Department will oversee all bidding for this project.

B. All potential Bidders are solely responsible for assuring they have all required bid documents including any Addendums that are issued prior to bidding.

C. All bid documents will be posted online at the sites shown in Article 2 – A.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

https://www.cityofstockbridge.com/default.aspx https://ssl.doas.state.ga.us/PRSapp/PR_index.jsp https://www.cityofstockbridge.com/default.aspx https://ssl.doas.state.ga.us/PRSapp/PR_index.jsp

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2023 LMIG Program

ARTICLE 3 – QUALIFICATIONS OF BIDDERS AND PROJECT REQUIREMENTS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit written evidence with bid such as financial data, previous experience, present commitments, and such other data as may be called for below.

A. Required Bidder Qualification Statement with Supporting Data (Business License, Corporate

Resolution to Bid, Financial Statement, Current Workload)

B. Required Bidder current Georgia Department of Transportation Prequalification Certificate for roadway construction.

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND

SITE

4.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site.

2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

B. Copies of reports and drawings, if any, referenced in Paragraph 4.01.A will be made available by Owner to any Bidder upon written request. Those reports and drawings are not part of the

Contract Documents, but the “technical data” contained therein as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the

Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing

Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a

Hazardous Environmental Condition identified at the Site.

B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein as provided in Paragraph 4.06 of the General

Conditions has been identified and established in Paragraph 4.06 of the Supplementary

Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any

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2023 LMIG Program

“technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions.

Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the

Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General

Conditions. On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.05 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and the other related data identified in the

Bidding Documents;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site;

the Bidding Documents; and the Site-related reports and drawings identified in the Bidding

Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs;

E. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

F. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

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G. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that

Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by

Engineer is acceptable to Bidder; and

H. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.06 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – NON-MANDATORY PRE-BID CONFERENCE

5.01 A Non-Mandatory Prebid Conference will be held online at www.cityofstockbridge.com/pview.aspx?id=4640 “Click Join Meeting” on Thursday, May 26, 2022 at 10:00 AM EST via Cisco WebEx. Bidders attendance and participation in the conference is recommended.

5.02 Due to current health concerns, the City of Stockbridge Procurement Division, will be conducting

Public Bid Openings and Mandatory Prebid meetings 100% online!

ARTICLE 6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions pertaining to the requirements of the Contract Documents and Technical

Specifications, either procedural or technical, shall be in writing and are to be submitted to the

City of Stockbridge; Attention: Lindell Y. Miller, CPPO via email at

ProcurementDivision@cityofstockbridge-ga.gov, Reference: “LMIG 2023 PROGRAM –

ITB#2022-0013”. Interpretations or clarifications considered necessary by the City in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Issuing

Office as having received the Bidding Documents. Questions received after 12:00 PM Noon EST on Friday, June 10, 2022 - Reference: “LMIG 2023 PROGRAM – ITB#2022-0013” may not http://www.cityofstockbridge.com/pview.aspx?id=4640 file://///fdc-vault/Music/Skip/Projects/Stockbridge/Stockbridge%20-%20LMIG%202021/Contract%20Documents/Procurement%20Reviewed%20Documents/ProcurementDivision@cityofstockbridge-ga.gov

Instruction to Bidders - 5 City of Stockbridge, Georgia

2023 LMIG Program be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer and all Addenda will be transmitted to all bidders listed on the Plan Holders

List.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of

Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a Bid bond

(on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the

Contract Documents, furnished the required contract security and met the other conditions of the

Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of

Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of even days after the Effective Date of Section VIII – Form of Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Section III - Bid Form and Section VIII – Form of

Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in Section VIII – Form of Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

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11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or those substitutes or “or-equal” materials and equipment approved by Engineer and identified by Addendum. The materials and equipment described in the Bidding

Documents establish a standard of required type, function and quality to be met by any proposed substitute or “or-equal” item. No item of material or equipment will be considered by Engineer as a substitute or “or-equal” unless written request for approval has been submitted by Bidder and has been received by Engineer at least 10 days prior to the date for receipt of Bids. Each such request shall conform to the requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective

Date of Section VIII – Form of Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such

Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful

Bidder to submit a substitute, without an increase in the Bid.

12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the

Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the

Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of Section VIII – Form of Agreement as provided in Paragraph

6.06 of the General Conditions.

12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from

Engineer.

13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section listed therein.

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2023 LMIG Program

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown.

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.06 A Bid by an individual shall show the Bidder’s name and official address.

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the

Bid Form. The official address of the joint venture shall be shown.

13.08 All names shall be printed in ink below the signatures.

13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS

14.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

B. The value of items required by the Contract Documents but not show in the line items on the Bid

Form shall be included in the unit price of the line item that relates to this work.

C. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions.

D. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

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14.02 Allowances

A. In the amount bid on the Bid Form submitted, the Bidder shall include a $50,000 Contingency

Allowance. This allowance is for additional work as directed by the Owner. Monies not utilized by the Owner for this project will be removed from the final contract price at the completion of the project by use of a Change Order.

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished a PDF copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the following documents:

A. Required Bid security;

B. List of Proposed Subcontractors (if known);

C. List of Proposed Suppliers (if known);

D. List of 5 Project References (Stockbridge reference forms attached – SECTION XVII. –

REFERENCE VERIFICATION AND RELEASE FORM);

E. Required Bidder Qualification Statement with Supporting Data (Business License, Corporate

Resolution to Bid, Financial Statement, Current Workload);

F. Georgia GDOT Prequalification Certificate for roadway construction;

G. Certificate of Insurance (City of Stockbridge listed as Certificate Holder);

H. Contractor Affidavit and Agreement;

I. Subcontractor Affidavit and Agreement (if known);

15.02 A Bid shall be delivered no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the

Project Title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents.

15.03 Bids may be mailed to the City of Stockbridge Procurement Division, 4640 N. Henry Blvd., Stockbridge, GA 30281 by the Bid Opening date (Thursday, June 23, 2022 at 3:00 PM EST).

15.04 Bids may be physically hand delivered to City Hall by the bid deadline Thursday, June 23, 2022 at 3:00 PM EST during business hours.

15.05 The sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED – “LMIG 2023 PROGRAM – ITB#2022-

0013”. All mailed Bids shall be addressed to the City of Stockbridge; Attention: Purchasing

Division, Lindell Y. Miller; 4640 North Henry Boulevard, Stockbridge, GA 30281.

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15.06 Bid packages submitted shall include one (1) complete set of bid documents, as required by this section, with original signatures and seals as required and this document set shall be labeled

“Original”. Additionally, two (2) complete copy sets of the bid documents, as required by this section, labeled “Copy” shall be included in the bid package.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 The City of Stockbridge Procurement Division, will be conducting this Public Bid Opening

100% online! For your convenience, this Public Bid Opening meeting will be live streamed on Thursday, June 23, 2022 at 3:00 PM EST via Cisco WebEx. Joining the WebEx meeting will allow you to view the vendors responding to each bid and the bid amount submitted from each vendor. This will replace in-person Bid Openings. To view the Public Bid Opening, please visit the City of Stockbridge Procurement Website at:

www.cityofstockbridge.com/pview.aspx?id=4640 and click Join Meeting.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

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19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

19.06 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Owner.

ARTICLE 20 – CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the

Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the required six (6) complete legal sets of the Contract Documents and Technical Specifications with unsigned counterparts of Section VIII – Form of Agreement along with the other Contract

Documents which are identified in Section VIII – Form of Agreement as attached thereto. Within fifteen (15) calendar days thereafter, Successful Bidder shall sign and deliver all five (5) complete legal sets of the Contract Documents and Technical Specifications with signed and sealed counterparts of Section VIII – Form of Agreement along with the other Contract Documents which are identified in Section VIII – Form of Agreement to Owner. Within thirty (30) calendar days thereafter, a project Preconstruction Conference will be scheduled and at that meeting the Owner shall deliver two fully signed counterparts to Successful Bidder with a complete set of the

Drawings with appropriate identification if required.

SECTION II

INVITATION TO BID

CITY OF STOCKBRIDGE – PROCUREMENT DIVISION

BID ISSUED TO THE PUBLIC: MAY 11TH, 2022

Sealed unit price bids will be received by the City of Stockbridge, Georgia from prospective contractors for the City of Stockbridge, Georgia’s “2023 LMIG PROGRAM” project. The work consists of furnishing and installing all materials, labor, tools, equipment, and related services required for a complete project. This project includes but is not limited to the repair and resurfacing of approximately 4.6 miles of local roadways in accordance with the Contract

Documents for the City of Stockbridge’s ITB# 2022-0013 “2023 LMIG Program” project.

The activity is proposed to be funded or partially funded with Georgia Department of

Transportation – Local Maintenance & Improvement Grant (LMIG) funds. Bidders must possess a current GDOT Prequalification Certificate. The City of Stockbridge in accordance with Title VI of the Civil Rights Act of 1964 and 78 Stat. 252, 42 USC 2000d—42 and Title

49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the

Secretary, part 21, Nondiscrimination in federally assisted programs of the Department of

Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.

All potential Bidders can obtain a copy of the Bid and Specifications located on the City’s website at https://www.cityofstockbridge.com/default.aspx and Georgia

Procurement Registry website https://ssl.doas.state.ga.us/PRSapp/PR_index.jsp. Bid is administered by the City of Stockbridge, Procurement Division. The City of Stockbridge’s

Procurement Department will oversee all bidding for this project.

Due to current health concerns, the City of Stockbridge Procurement Division, will be conducting Public Bid Openings and Non-Mandatory Prebid meetings 100% online!

https://www.cityofstockbridge.com/default.aspx https://ssl.doas.state.ga.us/PRSapp/PR_index.jsp.Bid

A N o n - Mandatory Prebid Conference will be held online at www.cityofstockbridge.com/pview.aspx?id=4640 “Click Join Meeting” on Thursday, May 26, 2022 at 10:00 AM EST via Cisco WebEx. Bidders attendance and participation in the conference is recommended.

For your convenience, this Public Bid Opening meeting will be live streamed on www.cityofstockbridge.com/pview.aspx?id=4640 “Click Join Meeting” on Thursday, June 23, 2022 at 3:00 PM EST via Cisco WebEx. Joining the WebEx meeting will allow you to view the vendors responding to each bid and the bid amount submitted from each vendor. This will replace in-person Bid Openings. To view the Public Bid Opening, please visit the City of Stockbridge Procurement Website at:

www.cityofstockbridge.com/pview.aspx?id=4640 and click Join Meeting.

Any questions pertaining to the requirements of the Contract Documents and Technical

Specifications, either procedural or technical, shall be in writing and are to be submitted to the City of Stockbridge; Attention: Lindell Y. Miller, CPPO via email at

ProcurementDivision@cityofstockbridge-ga.gov by Friday, June 10, 2022 at 12:00 PM

EST, Reference: “2023 LMIG PROGRAM - ITB NO: 2022-0013”.

Bids may be mailed to the City of Stockbridge Procurement Division, 4640 N. Henry Blvd., Stockbridge, GA 30281 by Bid Opening date (Thursday, June 23, 2022 at 3:00 PM EST).

Bids may be physically hand delivered to the City Hall by the bid deadline Thursday, June

23, 2022 at 3:00 PM EST during business hours.

For your convenience, this Public Bid Opening meeting will be live streamed on www.cityofstockbridge.com/pview.aspx?id=4640 “Click Join Meeting” on Thursday, June

23, 2022 at 3:00 PM EST.

No bid may be modified, withdrawn, or canceled for a period of sixty (60) days after the time designated for the receipt of Bids or until the Bidder is notified by the City whichever is sooner. The City reserves the right to accept or reject any and all bids and to waive irregularities, technicalities, and formalities.

Each bid shall be accompanied by a Bid Bond in an amount of not less than five percent (5%) of the total bid amount. The Bid Bond may be in the form of a bond issued by a surety acceptable to the City or a cashier’s check made payable to the City of Stockbridge, Georgia.

The entire Bid Bond shall be forfeited to the City of Stockbridge, Georgia as liquidated damages if the bidder fails to execute all sets of the Contract Documents and provide

Performance and Payment Bonds within fifteen (15) days after receipt of the documents.

The successful bidder will be required to furnish a contract Performance Bond and a Payment

Bond, each in the sum of one hundred percent (100%) of the total amount bid and provide insurance coverage as required in the Contract Documents.

Note: For more information please refer to the Instruction to Bidders and the Contract http://www.cityofstockbridge.com/pview.aspx?id=4640 https://www.cityofstockbridge.com/pview.aspx?id=4640 http://www.cityofstockbridge.com/pview.aspx?id=4640 mailto:ProcurementDivision@cityofstockbridge-ga.gov

Documents, which govern and supersede this Invitation to

Bid.

SECTION III

Page i

BID FORM

PROCUREMENT DIVISION

June 23, 2022 - 3:00 PM EST

Page ii

TABLE OF CONTENTS

Page

Article 1 – Bid Recipient

Article 2 – Bidder’s Acknowledgements

Article 3 – Bidder’s Representations

Article 4 – Bidder’s Certification

Article 5 – Basis of Bid

Article 6 – Time of Completion

Article 7 – Attachments to This Bid

Article 8 – Defined Terms

Article 9 – Bid Submittal

City of Stockbridge, Georgia

2023 LMIG Program

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

City of Stockbridge, Georgia

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an

Agreement with Owner in the form included in the Bidding Documents to perform all

Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the

Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the

Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific

City of Stockbridge, Georgia

2023 LMIG Program means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

E. Based on the information and observations referred to in Paragraph 3.01.D above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

F. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

G. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

1. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding;

and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

City of Stockbridge, Georgia

2023 LMIG Program

3. “collusive practice” means a scheme or arrangement between two or more

Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following unit price(s) :

LINE ITEM BID FORM

ITEM

NO.:

ESTIMATED

QUANTITY

UNITS DESCRIPTION

UNIT

PRICE

TOTAL

PRICE

1. 1 L.S MOBILIZATION, BONDS AND

TRAFFIC CONTROL

2. 46,592 L.F.

6’MIN. WIDTH EDGE MILLING, 2 ½”

DEPTH @ EDGE OF PAVEMENT,

FEATHERED TO 0” (INCLUDES

REMOVAL OF ANY PAVEMENT

INSIDE THE GUTTER AT

DRIVEWAYS)

3. 100 TON

3”-4” RECYCLED ASPHALTIC CONC.

PATCH -19.0 MM SUPERPAVE INCL.

BITUMINOUS MATERIAL & H LIME

4. 3,390 TON

ASPHALTIC CONCRETE OPEN

GRADED CRACKED RELIEF

INTERLAYER, GP BLEND,

INCLUDING BITUMINOUS

MATERIAL & H LIME

(PERMAFLEX)1” RECYCLED

ASPHALTIC CONC. OR

EQUIVALENT

5. 5,589 TON

1.5” RECYCLED ASPHALTIC CONC. -

12.5 MM SUPERPAVE INCL.

BITUMINOUS MATERIAL & H LIME

City of Stockbridge, Georgia

2023 LMIG Program

6. 50 TON

RECYCLED ASPHALTIC CONC.

LEVELING INCL. BITUMINOUS

MATERIAL & H LIME

7. 1000 GAL BITUMINOUS TACK COAT @ 0.06

GAL/SQ.YD.

8. 90 EA.

ADJUST MANHOLE FRAME AND

COVER TO FINISHED GRADE W/

APPROVED ADJUSTABLE STEEL

EXTENSION RING

9. 2 EA.

ADJUST WATER/GAS VALVE BOX

AND COVER TO FINISHED GRADE

W/ APPROVED ADJUSTABLE STEEL

EXTENSION RING

10. 1 EA.

ADJUST STORMWATER CATCH

BASIN AND DROP INLET GRATE

AND COVER TO FINISHED GRADE

W/ APPROVED STEEL EXTENSION

FRAME

11. 375 L.F. GDOT THERMOPLASTIC STOP BAR,

24” WIDE; WHITE

12. 6,780 L.F. GDOT THERMOPLASTIC SOLID

CENTERLINE 5” WIDE; YELLOW

13. 6,780 L.F.

GDOT THERMOPLASTIC SOLID

LANE EDGE (FOG) LINE 5” WIDE;

WHITE

14. 7 EA, GDOT THERMOPLASTIC SOLID

WHITE RIGHT TURN ARROW

15. 2 EA. GDOT THERMOPLASTIC SOLID

WHITE “LEFT” TURN ARROW

16. 2 EA. GDOT THERMOPLASTIC SOLID

WHITE “LEFT/STRAIGHT” ARROW

17. 6,900 L.F.

GDOT COMPACTED BACKFILL

AGAINST EDGE OF PAVEMENT 4’

WIDE MINIMUM ON SHOULDER

AND INSTALL PERMANENT

GRASSING

City of Stockbridge, Georgia

2023 LMIG Program

18. 1 L.S.

PROJECT CONTINGENCY

ALLOWANCE (FOR USE BY CITY

ONLY)

$50,000.00 $ 50,000.00

Total Base Bid in Words:

______________________________________________________________________Dollars

In Numbers: $__________________________________________

Unit Prices have been computed in accordance with Paragraph 11.03.B of the General

Conditions.

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

Unit Prices have been computed in accordance with Paragraph 11.03.B of the General

Conditions.

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete within 75 calendar days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the

General Conditions, and will be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 90 calendar days after the date when the Contract Times commence to run.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

B. List of Proposed Subcontractors (if known);

C. List of Proposed Suppliers (if known);

City of Stockbridge, Georgia

2023 LMIG Program

D. List of 5 Project References (Stockbridge reference forms attached – SECTION

XVII. – REFERENCE VERIFICATION AND RELEASE FORM);

E. Required Bidder Qualification Statement with Supporting Data (Business License, Corporate Resolution to Bid, Financial Statement, Current Workload);

F. GDOT Prequalification Certificate;

G. Certificate of Insurance (City of Stockbridge listed as Certificate Holder);

H. Contractor Affidavit and Agreement;

I. Subcontractor Affidavit and Agreement (if known);

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the

Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 9 – BID SUBMITTAL

9.01 This Bid is submitted by:

If Bidder is:

An Individual

Name (typed or printed):

By:

(Individual’s signature)

Doing business as:

A Partnership

Partnership Name:

(Signature of general partner -- attach evidence of authority to sign)

City of Stockbridge, Georgia

A Corporation

Corporation Name:

(SEAL)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):_______

(Signature -- attach evidence of authority to sign)

Title:

(CORPORATE SEAL)

Attest

Date of Qualification to do business in ______________ is

A Joint Venture

Name of Joint Venture:

First Joint Venturer Name:

(Signature of first joint venture partner -- attach evidence of authority to sign)

Second Joint Venturer Name:

(Signature of second joint venture partner -- attach evidence of authority to sign)

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

Bidder's Business Address

Phone No. _____________________________________ Fax No.

E-mail ______________________________ _______

SUBMITTED on , 20____.

GDOT Prequalification Certificate No. .

SECTION IV

City of Stockbridge, Georgia

2023 LMIG Program

BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

BID

Bid Due Date: JUNE 23, 2022

Description (Project Name and Include Location):

CITY OF STOCKBRIDGE – 2023 LMIG PROGRAM

BOND

Bond Number:

Date (Not earlier than Bid due date):

Penal sum $

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this

Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

SECTION IV

City of Stockbridge, Georgia

2023 LMIG Program

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding

Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the

Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding

Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of

Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States

Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such

Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be…