REQUEST FOR BID _ DROP AND PREMISE INSTALLATI.docx

REQUEST FOR PROPOSAL

City of Bainbridge, Georgia

JULY 24, 2024

DROP & PREMISE INSTALLATION FOR FTTH

City of Bainbridge Purchasing Department P.O. Box 158 (39818) 1501 Pierce Street Bainbridge, GA 39817

Contact Information Project Contact (Questions/Additional Information) David Hower 216 S. broad street Bainbridge, GA 39817 229-224-7652 dhower@bainbridgecity.com

INVITATION TO BID

DROP & PREMISE INSTALLATION FOR FTTH

CITY OF BAINBRIDGE, GEORGIA

Sealed bids subject to the conditions and instructions contained herein, will be received at the office of the Purchasing Agent, City of Bainbridge Purchasing Department, 1501 Pierce Street, Bainbridge, Georgia 39817, until the time and date shown below (eastern standard time), for furnishing items or services in the bid.

SCOPE OF WORK: Provide all labor and install equipment for fiber to the home drop and premise installation of both aerial and underground services. The City of Bainbridge is providing the installation material.

MANDATORY PRE-BID CONFERENCE: A mandatory pre-bid conference will be held on Tuesday, August 13, 2024, at 11:00 A.M. at 1501 Pierce Street, Bainbridge, Georgia 39817. The Project Manager will provide an overview of the work to be performed and answer questions.

BID DUE: Tuesday, August 27, 2024, at 11:00 A.M. Eastern Standard Time.

Bids will be publicly opened and read aloud at that time in the conference room of the City of Bainbridge Purchasing Department, 1501 Pierce Street, Bainbridge, Georgia 39817. Bids shall be submitted in a sealed envelope plainly marked “FTTH INSTALLATION”. An original section “A” and one duplicate copy is required.

Bids are being solicited only from responsible and established known to be experienced and regularly engaged in the work of FTTH. Satisfactory evidence that the bidder has the necessary capital, equipment and personnel to do the work may be required.

Proposal forms and specifications are on file for the inspection at the City of Bainbridge Purchasing Department, 1501 Pierce Street, Bainbridge, Georgia 39817 and copies may be obtained by qualified bidders. Sealed proposals must be submitted on the bid forms furnished by the city.

The City reserves the right to reject any or all bids and to accept any bid, or portion thereof, which, in their opinion, is most advantageous to the City.

In compliance with this invitation for bids, and subject to all the conditions thereof, the undersigned offers, if this bid is accepted within sixty (60) calendar days from the date of the opening, to furnish any or and all the items and/or services upon which prices are quoted, to be delivered at the time and place specified herein. The undersigned certifies he/she has read, understands, and agrees to all terms, conditions, and requirements of this bid, and is authorized to contract on behalf of the firm named below.

Company Name: ____________________________________________________________________________

Address: __________________________________________________________________________________

Telephone: _________________________ E-mail: __________________________ Date: _________________

Print Name: ________________________________________ Title: __________________________________

Signature: ___________________________________________________________ (This form must be signed)

City of Bainbridge FTTH Installation

TABLE OF CONTENTS

SECTION A

(Submit with Bid)

Invitation for Bids…………………………………………………………………………………………………………………… Page 2-3 Table of Contents ………………………………………………………………………………………………………………….. Page 4 Conditions and Instructions …………………………………………………………………………………………………… Pages 5-14 Reference for Bidders ……………………………………………………………………………………………………………. Page 15 Notice to Contractors ……………………………………………………………………………………………………………. Pages 16-17 Bid ………………………………………………………………………………………………………………………………………… Pages 18- 20 Bid Bond ……………………………………………………………………………………………………………………………….. Pages 21-22

SECTION B

(Successful Bidder Submits)

Insurance Requirements ………………………………………………………………………………………………………. Pages 23-24 Contract ……………………………………………………………………………………………………………………………….. Pages 25 Performance Bond ……………………………………………………………………………………………………………….. Pages 27-28 Labor and Material Payment Bond ……………………………………………………………………………………….. Pages 29-31

SECTION C

(Technical Specifications)

Special Construction Conditions …………………………………………………………………………………………… Pages 32-33 Contractor Checklist …………………………………………………………………………………………………………….. Pages 34

SECTION A

CONDITIONS AND INSTRUCTIONS

1. All bids shall be submitted on and in accordance with the form. If more space is required to furnish a description of the goods and/or services bid, or delivery terms, the bidder may attach a letter hereto that will be made a part of the bid. In case of conflict, the bid may be deemed non-responsive. The City’s published specifications shall supersede any additional writings submitted with the bid. Such writings should be clearly marked on the exception page.

2. All bids shall be submitted sealed, plainly marked showing the bid date and time. The entire solicitation document is to be returned when submitting a bid, unless otherwise directed by the bid document. Failure to return all pages may result in a determination that the submittal is non-responsive.

3. Bids and amendments thereto, if received by the Purchasing Department after the date and time specified for bid opening, will not be considered. It will be the responsibility of the bidder to see that their bid is received by the Purchasing Department as specified. There will be no exceptions. Date of postmark will not be considered. Telephone, facsimile, electronic and/or verbal bids will not be accepted.

4. If the City is closed for business at the time scheduled for bid opening, for whatever reasons, sealed bids will be accepted and opened on the next business day of the city, at the originally scheduled hour.

5. Each bid received with the understanding that the acceptance in writing by the City of the bidder to furnish any or all of the goods and/or services described therein, shall constitute a contract between the bidder and the City, which shall bind the bidder on his/her part to furnish and deliver the goods and/or services quoted at the prices stated and in accordance with the conditions of the accepted bid; and the City on its part or order from such bidder, except for causes beyond reasonable control; at the agreed prices, all goods and/or services specified and delivered.

6. Bidders have the right to request withdrawal of their bids from consideration due to error by giving notice not later than two business days after bids are publicly opened. Work papers showing evidence of error(s) may be required. Upon request, administrative withdrawal procedures will be provided that shall be used for that purpose.

7. If issued, addenda to this solicitation will be posted on the City of Bainbridge website (www.bainbridgecity.com). It is the bidder’s responsibility to check the website or contact the Purchasing Department prior to the submittal deadline to ensure that the bidder has a complete, up-to-date package.

8. The solicitation document maintained by the Purchasing Department, in the bid file folder, shall be considered the official copy. In the case of any inconsistency between bid documents submitted to the City, but not clearly listed on the exceptions page of the document as an exception by the bidder, the language of the official copy shall prevail. Furthermore, any exception or changes to the specification made by the bidder may be cause to disqualify your bid.

9. Award will be made to the lowest responsible bidder. The quality of the goods and/or services to be supplied, their conformity with the specifications, their suitability to the requirements, the delivery terms, qualifications and references will be taken into consideration in making an award. Length of time for delivery as well as price may be considered in awarding the bid.

Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted; except that if the bid from the lowest responsible bidder exceeds available funds, the purchasing agent may negotiate with the apparent low bidder to obtain a contract price within available funds.

Upon making an award, or giving notice of intent to award, the City will place appropriate notice on the City of Bainbridge website: www.bainbridgecity.com.

10. The City reserves the right to reject any and all bids, and to waive any informality if it is determined to be in the best interest of the City.

11. Prices shall be stated in units of quantity. No additional charges shall be passed on to the City, including any applicable taxes, or surcharges. Prices quoted shall be the final cost to the City.

12. All prices and notations should be in ink or typewritten. Mistakes may be crossed out and corrections made in ink and must be initialed and dated in ink by the person signing the bid.

13. In case of error in the extension of prices, the unit price shall govern.

14. The time proposed delivery must be stated in definite terms. If time of delivery for different goods and/or service varies, the bidder shall so state.

15. The apparent silence of these specifications and any supplemental specifications as to any detail or the omission from the specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practice is to prevail and correct type, size and design are to be used. All interpretations of these specifications shall be made on the basis of this statement.

16. All bids must be signed by a responsible officer or employee having the authority to sign for the firm. The bidder agrees that its contract performance shall be in strict conformance with the contract documents.

19. Hold Harmless and Indemnification: The contractor shall defend, indemnify and hold the City, and City’s employees, agents, and volunteers, harmless, from and against any and all damage claim, liability, cost, or expense (including, without limitation, reasonable attorney’s fees and court costs) of every kind and nature (including, without limitation, those arising from any injury or damage to any person, property or business) incurred by or claimed against the City, City’s employees, agents, and volunteers, or incurred by or in connection with, the performance of all services hereunder by the contractor. This indemnification and hold harmless includes, but is not limited to, any financial or other loss including, but not limited to, any adverse regulatory, agency or administrative sanctions or civil penalties, incurred by the City due to negligent, fraudulent or criminal acts of the contractor or any of the contractor’s officers, shareholders, employees, agents, contractors, subcontractors, or any other person or entity acting on behalf of the contractors, subcontractors, or any other person or entity acting on behalf of the contractor. Unless otherwise provided by law, the contractor indemnification obligations hereunder shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the contractor under worker’s compensation acts, disability benefit acts, other employee benefit acts, or benefits payable under any insurance policy. This paragraph shall survive the termination of the contract including any renewal or extension thereof.

20. The contractor agrees to defend and save the City, its agents, officials, volunteers and employees, harmless from liability of any nature or kind, for use of any copyright, composition, secret process, patented or unpatented invention, goods and/or services or appliances furnished or used in the performance of the contract, or which the contractor is not the patentee, assignee, or licensee, to the same extent as provided in the above paragraph.

21. The contractor shall keep fully informed of all federal, state and local laws, ordinances and regulations that in any manner affect the conduct of the work. The contractor shall at all times observe and comply with all such laws, ordinances and regulations.

22. The contractor certifies that he/she does not and shall not during the performance of the contract for goods and services, knowingly employ unauthorized aliens as defined in the federal immigration Reform and Control Act of 1986, as amended.

23. Payment Terms

a) Payment terms shall be “Net 30 days” unless otherwise stated by the bidder on this submittal form. Alternate terms may be offered by the bidder for prompt payment of bills.

d) The payment terms stated herein must appear on the contractor’s invoice. Failure to comply with this requirement shall result in the invoice being returned to the contractor for correction.

24. In the event of default by the contractor, the City reserves the right to procure the goods/or services from other sources and hold the contractor liable for any excess cost occasioned thereby.

25. Appeals Procedure: Upon your request, administrative appeals information will be provided that shall be used for hearing protest of a decision to award or an award, appeals from refusal to allow withdrawal of bids, appeals from disqualification, appeals for debarment or suspension, or determinations of non-responsibility and appeals from decision or disputes arising during the performance of a contract. To be timely, all appeals shall be made within the time period set forth in Chapter 14-22 of the City Code.

26. This public body does not discriminate against faith-based organizations.

27. Non-Discrimination: During the performance of this contract, the contractor agrees as follows:

a) It will not discriminate against any employees or applicants for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by federal or state law relating to discrimination in employment, except where one or more of these are a bona fide occupational qualification reasonably necessary to the normal operations of the contractor. The contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discrimination clause.

b) The contractor will be and state that he/she is an equal opportunity employer in all solicitations or advertisements for employees.

c) Notices, advertisements and solicitations places in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

The contractor will include the provisions of the foregoing paragraphs (a), (b), and (c) in every subcontract or purchase order of over ten thousand dollars so that the provisions will be binding upon each subcontractor or vendor.

28. Drug Program: During the performance of this contract, the contractor agrees as follows:

b) The Contractor is required to provide information on his/her employees who will perform covered functions for the operator. This information will include the name and job title of the employee who will perform any work, or functions covered by Part 199 under that contract.

c) All contractors will be required to submit drug testing statistical information prior to performing any work.

d) The City of Bainbridge will maintain a complete file on each contractor’s statistical drug testing reports. The City of Bainbridge will make available these reports when requested by the PHMSA Administrator, agency designated representative, or representatives of those state agencies under which jurisdiction the company operates.

e) The City of Bainbridge will add contractor personnel to the testing pool of its Anti-Drug and Alcohol Misuse Prevention Plan prior to allowing said contractor personnel to perform any Covered Function on Bainbridge’s FTTH installation. At the completion of the contracted work, the personnel will be removed from the pool.

f) For the purpose of this subsection, “A drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this subsection, the employees of whom are prohibited from engaging in the unlawful manufacturer, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

29. Assignment of Contract: A contract shall not be assigned by the contractor in whole or in part without the written consent of the City.

30. Governing Law: This solicitation and any resulting contract is subject to the laws of the Georgia Title 2010 Code 14 with respect thereto shall be brought in the courts of the City of Bainbridge, Georgia or the United States District Court.

31. Severability: If any provision of this contract or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this contract, of the application of such provision to persons or circumstances other than those which is invalid or unenforceable, shall not be affected hereby, and each provision of this contract shall be valid and enforced to the full extent permitted by law.

32. Scheduling and Delays: The parties to any contract resultant of this solicitation acknowledge that all or part of the work to be performed may be delayed and extended at the option of the City. Such delays may be caused by delays, denials, and modifications of the various state or federal permits, or for other reasons. The City shall not be required to pay any of the Contractor’s direct or indirect costs, or claims for compensation, extended overhead, or other damage or consequential damages arising out of or related to any delays or interruptions required or ordered by the City. If the City delays the project for any reason for a continuous period of 6 months or more, the City and Contractor will negotiate a mutually agreeable adjustment to the Contractor’s award amount.

33. Termination: The parties may terminate the contract at any time by mutual written agreement.

In addition, if the contract is an extended term contract, after completion of the first contract period, either party may terminate the contract without penalty or financial obligation, except that the parties remain liable for performance of all terms, conditions, and obligations through the date of termination. Written notice of termination shall be given to the other party a minimum of sixty (60) days prior to its effective date.

34. Termination for Cause: In the event that the contractor shall for any reason or through any cause be in default of the terms, conditions, or obligations of the contract documents, the City may give the contractor written notice of such default and terminate the contract. All terms, conditions, and obligations of the contract documents are considered material. The City may, in its discretion, provide the contractor an opportunity to cure the default, if curable, prior to termination. Unless different duration is provided in the notice of default, or agreed upon by the parties in writing, the contractor shall have fourteen (14) calendar days to cure the default from the date such notice is mailed to the contractor unless notification is by facsimile or personal delivery, in which case the opportunity to cure shall commence upon delivery of the notice. Upon failure of the contractor to cure the default, the City may immediately terminate the contract effective as the mailing or delivery of the default notice. If the City terminates the contract, the contractor shall remain liable for performance of all terms, conditions, and obligations through the date of termination. Termination by the City shall not constitute a waiver by the City of any other rights or remedies available to the City by law or contract.

35. Bid Bond: A bidder’s bond or certified check in the amount of five percent (5%) of the amount bid shall accompany any bid in excess of $100,000.00 for the bid to be acceptable.

36. Performance and Labor and Material Payment Bond: The Contractor shall have ten (10) days from the date of the City’s request to provide a performance bond and a labor and material payment bond, (Use only forms provided by the City, unless otherwise approved by the City Attorney) in the amount of the contract price, as security for faithful performance of the work in strict conformity with the Contract Documents and for payment of all persons who perform labor and furnish materials in prosecution of the work. The surety on such bonds shall be duly authorized to do business in the State of Georgia and be satisfactory to the City.

37. Direct contact with City departments other than purchasing, on the subject of this bid is expressly forbidden except with the foreknowledge and permission of the contracting officer. Violation may result in a determination that your firm is ineligible for an award.

38. Questions or comments related to this solicitation should be directed to the contract officer, whose name and contact information appears on the front of this document. All questions must be submitted in writing (facsimile, email, or telephonic); inquiries will not be considered.

39. Successful bidder shall furnish all required bonds, certificates of insurance and required endorsements on City approved forms included in this bid package. Any other forms are not acceptable. Time is critical on this work and non-compliance will delay the work and may be cause to make award to the next qualified bidder.

40. Permits: The Contractor shall be responsible for furnishing all necessary permits as required by the City of Bainbridge prior to the start of construction (The City will waive the permit fees). The Contractor is required to obtain permits along with required bonds and insurance. Proof of approved final inspections relating to these permits shall be required before final payment is made.

41. Insurance: The Contractor shall maintain adequate liability insurance, which shall protect and save harmless the City of Bainbridge, Georgia, and its officials from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or failure to properly safeguard same, and from all claims arising under the workmen’s compensation laws. The contractor shall furnish proof of said insurance prior to commencement of services. Separate forms, which name the City as additional insured must be included with the Certificate of Insurance. Please make sure prior to submitting a bid that all insurance endorsement forms have been reviewed by your insurance carrier.

The City of Bainbridge requires construction contractors and subcontractors to obtain and maintain worker’s compensation insurance while performing work on behalf of/for the City. Evidence of coverage needs to be provided for commencement of work.

The contractor shall have ten (10) days from the date of the city’s request to provide insurance documentation. Failure to provide the Certificate and forms within this period may be cause for the City to award a contract to the next responsible bidder and hold the original contractor liable for excess cost.

42. The Conditions and Instructions in this solicitation are intended to apply to the resulting contract and shall supersede any conflicting terms offered. Any additional conditions a bidder intends to be considered must be submitted with the bid as an exception. Such exceptions may result in a finding that the submittal is “non-responsive” to the bid, negating possibility of an award to that bidder. Contractual documents submitted by the successful firm after an award will not be accepted.

43. Rights and Remedies Not waived: In no event shall the making by the City of any payment to the contractor, or the waiver by the City of any provision under this contract including any obligation of the contractor, constitute or be construed as a waiver by the City or any other provision, obligation, breach of covenant, or any default which may exist under this contract on the part of the contractor, and the making of any such payment by the City while any such breach or default exists shall not impair or prejudice any rights or remedies available to the City.

44. Entire Agreement: This contract and any additional supplementary documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. This contract shall not be modified, altered, changed or amended unless in writing and signed by the parties hereto.

45. Independent Contractor: The contractor and any employees, agents, or other persons or entities acting on behalf of the contractor shall act in an independent capacity and not as officers, employees, or agents of the City.

46. Conflict: In the event of a conflict between the contract documents, including these Conditions and Instructions, and the terms of a purchase order or related document issued by the Department of Purchasing, the contract documents shall control.

47. Scheduling and Delays: The parties to any contract resultant of this solicitation acknowledge that all or part of the work to be performed hereunder may be delayed and extended at the option of the City. Such delays may be caused by delays, denials and modifications of the various state or federal permits, or for other reasons. The City shall not be required to pay any of the Contractor’s direct or indirect cost, or claims for compensation, extended overhead, or other damage or consequential damages arising out of or related to any delays or interruptions required or ordered by the City.

48. No Conflict of Interest: The bidder must provide a statement that it has no conflicting financial or professional interest and is qualified to perform the services requested. A bidder working for the City would be considered to have a conflicting interest if they are also performing services for a builder, property owner, developer, or contractor (except GDOT), or might be expected to be active in the City.

EXCEPTION PAGE

EXCEPTIONS:

Bidder must sign the appropriate below, as applicable:

( ) Bidder understands and agrees to all terms, conditions, requirements, and specifications stated herein.

Firm: _____________________________________________________________________________________

Signature: _________________________________________________________________________________

( ) Bidder takes exceptions to terms, conditions, requirements, or specifications stated herein (Bidder must itemize all exceptions below, and return with this IFB):

Firm: _____________________________________________________________________________________

Signature: _________________________________________________________________________________

Bidder should note that any exception taken from the stated terms and/or specifications may be cause for their submittal to be deemed “non-responsive”, risking the rejection of their submittal.

Payment terms shall be considered in determining the low bidder.

BID RESULTS

Bid results will be made available after the bid opening by visiting our website at www.bainbridgecity.com.

ANTI-COLLUSION CERTIFICATION

The bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation firm, or person submitting a bid for the same product and that this bid is in all respects bona fide, fair and not the result of any act of fraud or collusion with another person or firm engaged in the same line of business or commerce. The bidder understands collusive bidding is a violation of Federal Law and that any false statement hereunder constitutes a felony and can result in fines, imprisonment, as well as civil damages. The bidder also understands that failure to sign this statement will make the bid non-responsive and unqualified for an award.

Signed: _____________________________________________________ Date: _________________________

Name of Company: __________________________________________________________________________

REFERENCES FOR BIDDERS*

Please provide 3 references with contact person and phone number for construction projects within the last 5 years (If applicable, please include 1 municipal government reference):

1. _______________________________________________ Telephone # ______________________________

2. _______________________________________________ Telephone # ______________________________

3. _______________________________________________ Telephone # ______________________________

Please provide 3 construction projects that are of similar nature and size that have occurred within the past 5 years (it is requested that at least 2 projects correspond to the above list):

1. ________________________________________________________________________________________

2. ________________________________________________________________________________________

3. ________________________________________________________________________________________

Provide 3 construction projects within the past 5 years where the given time frame for the project was approved:

1. ________________________________________________________________________________________

2. ________________________________________________________________________________________

3. ________________________________________________________________________________________

__________ YES _________________NO Posses foreman and/or crew that is familiar with the construction of similar work. Approximate years of experience of each:

__________ YES _________________NO Possess foreman and/or crew with experience in dealing with the public affected by construction projects.

__________ YES _________________NO Company has performed construction projects for or within the limits of the City of Bainbridge.

Locations: ______________________________________________

*The City reserves the right to ask for additional information

NOTICE TO CONTRACTORS

Sealed bids will be received by the Department of Purchasing of the City of Bainbridge, 1501 Pierce Street, Bainbridge, Georgia 39817.

Please be advised that all questions in reference to this project should be directed to the Department of Purchasing, Brenda Strickland, Purchasing Agent, brendas@bainbridgecity.com. All bid questions must be received by 1:00 P.M., August 20, 2024. Telephonic inquiries will not be addressed.

SCOPE OF WORK: Provide all labor and install equipment for FTTH drop and premise installation of both aerial and underground services to include drops from the MST to the premise, arranging/conducting a meeting with the premise owner to define, demarcation points on the premise, potential impediments in drop path, installation details to customer, in premise installation of network access equipment/provisioning. The City of Bainbridge is providing the installation materials.

Must have expertise in fiber optic service drop installations from pole or pedestal to home or business. Ability to install NID and splice fiber optic cables using SPC-APC connectors as well as enter homes and businesses to install ONT as part of FTTH system build.

WORK PLAN: Time needed for typical FTTH installation, all install equipment and tools required, all testing equipment required, documentation of completed install.

TECHNICAL SPECIFICATIONS: Meets all FCC regulations, building and fire codes, national electrical and safety codes, City of Bainbridge codes.

Each proposal greater than $100,000 shall be accompanied by a bidder’s bond or a certified check of five percent (5%) of the amount of the bid. Performance and Labor & Material Payment Bond amounting to one hundred percent (100%) of the contract price will be required of the successful bidder.

The City of Bainbridge reserves the right to reject any or all bids.

In submitting this bid, the undersigned declares that he/she is, or they are, the only person, or persons, interested in said bid, that it is made without any connection with any person making another bid for the same contract; the bid is in all respects fair and without collusion, fraud or mental reservation; and that no official of the City, or any person in the employment of the City, is directly or indirectly, interested in said bid, or in the supplies or work in which it relates, or on any portion of the profits thereof.

The undersigned also declares that he/she had, or they have, examined all the specifications, form of contract, and he/she has, or they have, personally inspected the actual location of the work together with the local sources of supply and understands that in signing this bid, he/she under, or they, waive all right to waive misunderstanding regarding the same.

The undersigned further understands and agrees that he/she is, or they are, to furnish and provide for the respective item price bid, all necessary machinery, implements, tools, labor, service, etc., and to do, and perform all the work necessary under the aforesaid conditions to complete the installations aforementioned in accordance with the specifications, it is agreed, are a part of this bid, and to accept in full compensation therefore, the amount of the summation and should be considered the total bid.

CITY OF BAINBRIDGE

BID SHEET – FIBER-TO-THE-HOME INSTALLATION

In compliance with this invitation to Bid for FTTH installation and subject to all conditions thereof, the undersigned offers and agrees to provide the City of Bainbridge with labor and equipment to install FTTH at the price quoted above.

My signature certifies that the accompanying bid is not the result of or affected by any act of collusion with another person or company engaged in the same line of business or commerce, or any act or fraud punishable under the Laws of the State of Georgia or the United States. Furthermore, I understand that fraudulent and collusive bidding is a crime and can result in fines, prison sentences, and civil damage awards. I hereby certify that I am authorized to sign this bid for the bidder.

Complete Legal Name and Firm: ________________________________________________________________

Signature: ___________________________________________ Title __________________________________

Name (type/print): __________________________________________________________________________

Date: _________________________________________ Phone #: ____________________________________

Address: __________________________________________________________________________________

Tax ID #: __________________________________________________________________________________

E-Verify #: _________________________________________________________________________________

Email: ____________________________________________________________________________________

LIMITS OF PAYMENT

If the bid cost for the project does not exceed available funding for the project, the city will award the contract to the bidder who submits the lowest responsive, responsible Bid. In the case the project for the bid exceeds the available funding for the project, the City may select not to award the contract.

RECEIPT OF ADDENDA:

The following Addenda are acknowledged:

Addendum No. _____________, dated _______________. ACKNOWLEDGED (initial) ______________________ Addendum No. _____________, dated _______________. ACKNOWLEDGED (initial) ______________________ Addendum No. _____________, dated _______________. ACKNOWLEDGED (initial) ______________________

TIME OF COMPLETION:

All work included in the Bid Price (If accepted) shall be completed within Six (6) months to One (1) year after a Notice to Proceed has been issued by the City to the successful bidder.

The original Section “A” and one duplicate copy requested. If Contractor desires to make an alternative bid on different type of construction than one called for, it shall be made, fully described and enclosed with his/her bid on a separate sheet.

On acceptance of this bid for said work, the undersigned does, or do hereby bind himself/herself, or themselves, to enter into a written contract within ten (10) days of award, with the said City, and to perform said work for the consideration above named.

The bidder agrees to complete the entire work within Six (6) months to One (1) year from date of Notice to Proceed.

State Contractor Registration Number: __________________________________________________________

Business Name: _____________________________________________________________________________

Address: __________________________________________________________________________________

_______________________________________________________ Zip ________________________

By: ____________________________________________________________ Date ______________________

ADDENDA ACKNOWLEDGED

No. Initial

IF THE CONTRACTOR DESIRES TO MAKE AN ALTERNATIVE BID ON DIFFERENT TYPE OF CONSTRUCTION THAN ONE CALLED FOR, IT SHALL BE ENCLOSED ON A SEPATATE SHEET.

Bid Bond # ____________________

BID BOND

KNOWN ALL MEN BY THOSE PRESENT: That we, the undersigned:

____________________________ as Principal, and ________________________________________________

As Surety, acknowledge ourselves held and firmly bound unto the City of Bainbridge, Georgia, in the just and full sum of five percent (5%) of the maximum amount of accompanying bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

WHEREAS, the Principal has submitted a bid, dated _____________________________________________, 20 __________, City of Bainbridge.

NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a

Contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the principal to enter into such contract and give such bond, if the principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused their corporation names and seals, respectively, to be hereunto subscribed and affixed by their officers in their behalf duly authorized this _____________ day of __________________________________.

ATTEST:

ATTEST:

Submit with Power of Attorney

SECTION B

INSURANCE REQUIREMENTS

Insurance: The bidder/offeror shall maintain adequate liability insurance, which shall protect and save harmless the City of Bainbridge, Georgia, its officials, employees, and volunteers from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard same and shall include products and completed operations coverage.

The City of Bainbridge requires construction contractors and subcontractors to obtain and maintain workers’ compensation insurance while performing work on behalf of the City. Evidence of coverage needs to be provided prior to commencement of work by bidders/offerors. Coverage is compulsory for employees of 3 or more employees, including the employer.

The bidder/offeror shall have ten (10) days from notice of intent to award to provide insurance documentation. Failure to provide insurance documentation. Failure to provide the Certificate and forms within this period may be cause for the City to award a contract to the next responsive bidder/offeror and hold the original contractor liable for excess costs. All insurers providing the above coverage shall give the City thirty (30) days advance written notice in the event of any non-removal or cancellation of such insurance (10 days’ notice for non- payment of premium). As confirmation thereof, the City must be furnished either a policy endorsement specifically providing for such notice, or a copy of the policy language that gives the City such assurance, or a statement on the insurance agent’s, broker’s, or insurer’s letterhead that the City shall be given such notice.

WORKER’S COMPENSATION

CERTIFICATE OF COVERAGE

The City of Bainbridge requires construction contractors and subcontractors to obtain and maintain workers’ compensation insurance while performing work on behalf of the City of Bainbridge departments, institutions or agencies. This same requirement applies for work being performed on behalf of local governments.

Evidence of coverage needs to be provided prior to commencement of work.

This form is to be returned to the organization contracting the work.

The undersigned organization stipulates that it either:

A. Has workers’ compensation insurance ____________ Yes

Insurance Company: ________________________________________

Policy Expiration Date: ________________________________________

B. Is self-insured for worker’s compensation ____________ Yes

Title of Construction Contract: ___________________________________________________

Contract Number: _____________________________________________________________

Signed By: ___________________________________________________________________

Title: _______________________________________________________________________

Firm Name: __________________________________________________________________

Address: _____________________________________________________________________

CONTRACT

THIS AGREEMENT, made this __________day of _______________, 20 _____________, between the City of Bainbridge, Georgia, hereinafter referred to and designated as “City” and/or ___________________________, his/hers, its or their successors, executors, administrators, and assigns, hereinafter referred to and designated as “Contractor.”

WHEREAS, the City of Bainbridge, Georgia, has accepted the sealed bid of the said contractor to furnish all the labor and equipment and to do and perform all the work necessary to complete the Fiber -to-the-Home Installation, in the City of Bainbridge, Georgia, as shown on the specifications hereto attached for the price set fourth in the said bid.

NOW THEREFORE, THIS AGREEMENT WITNESSETH: That in consideration of the payments to be made by the City of Bainbridge, Georgia as hereinafter set out, the Contractor covenants and agrees with said City of Bainbridge, Georgia to furnish all labor, tools, and equipment and to do and perform in a good and workmanlike manner all and singular all the work in and about the Fiber-to-the-Home Installation in the City of Bainbridge, Georgia, in strict accordance with all documents identified below which are incorporated and made a part hereof as fully and completely as if the same were herein, in words and figures, at length set forth:

Invitation for Bid …………………………………………………………………………………………………………………… 2 Pages Table of Contents …………………………………………………………………………………………………………………. 1 Page Conditions and Instructions ………………………………………………………………………………………………….. 10 Pages Reference for Bidders …………………………………………………………………………………………………………… 1 Page Notice to Contractors …………………………………………………………………………………………………………… 2 Pages Bid ……………………………………………………………………………………………………………………………………….. 3 Pages Bid Bond ………………………………………………………………………………………………………………………………. 2 Pages Insurance Requirements ………………………………………………………………………………………………………. 2 Pages Contract ……………………………………………………………………………………………………………………………….. 1 Page Performance Bond ……………………………………………………………………………………………………………….. 2 Pages Labor and Material Bond ………………………………………………………………………………………………………. 3 Pages Special Construction Conditions ……………………………………………………………………………………………. 2 Pages Contractor Checklist ………………………………………………………………………………………………………………. 1 Page

The Contractor agrees to commence work under this contract immediately upon the written order of the owner and to diligently prosecute the same and to complete the same within six (6) months to one (1) year.

Performance Bond # ___________________

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned ________________________________ ____________________________________________________________________________, as Principal, and _________________________________________________________________________________, as Surety, acknowledge ourselves held and firmly bound unto the City of Bainbridge, Georgia as Obligee, in the amount of ___________________________________________ dollars, (_________________) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

WHEREAS, the said _________________________________________________________________________ did, on the ___________day of __________________________, 20 _______, enter into a contract with the City of Bainbridge, Georgia for the Fiber-to-the-Home Installation which said contract is by reference made a part hereof, is hereinafter referred to as the Contract.

NOW, THEREFORE, the condition of this obligation is such that if the principal shall in all respects promptly and faithfully comply with and fulfill all the terms and conditions of said contract, then this obligation will be void; otherwise, it shall remain in full force and effect.

The Surety hereby waives notice of any change, alternation or addition to the terms of the Contract or extension of time made by the Owner.

Whenever principal shall be, and declared by Obligee to be in default under the Contract, the Surety may promptly remedy the default, or shall promptly

It is hereby expressly further understood and agreed that this Bond is also given and made against defective material and workmanship in the said work covered by the said Contract, provided, however, that no suit, action or proceeding, by reason of any defect whatever, shall be brought upon this Bond after one (1) year following (i) completion of the contract, including the expiration of all warranties and guarantees, or (ii) discovery of the defect or breach of warranty, if the action be for such.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors…