Revised 2024_03_29_Darien DDA Docks RFP 2314 .pdf

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RFP 2314 DARIEN DDA DOCK IMPROVEMENTS
Solicitation number
PE-66136-NONST-2024-000000001
Issued by
Long County, Georgia

About this file

This document is a Request for Proposal (RFP) issued by the Darien Downtown Development Authority (Owner) for dock improvements on the Darien River in Darien, Georgia. The scope of work includes removing an existing floating dock, ramp, and portion of walkway, and constructing a new 516 SF fixed walkway, 120 SF gangway, 1,260 SF floating dock, and 1,512 SF floating dock. Sealed proposals are due by 10:30 AM on April 19, 2024. A non-mandatory pre-proposal conference will be held on March 20, 2024 at 10:30 AM. The contract will be awarded to the responsible, responsive proposer whose submission is most advantageous to the Owner considering price and other factors.

The RFP provides detailed technical specifications for the materials, including requirements for the fixed dock, floating docks, and gangways. Pricing is requested on a unit price basis, and a 5% bid bond is required. The contract terms include warranties, insurance, bonding, and liquidated damages provisions. The project is funded by the Owner, and there are no set-asides or incumbent contractors mentioned.

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Darien Downtown Development Authority- Dock Improvements

REQUEST FOR PROPOSAL NO. 2314

RFP ISSUED: February 29, 2024 REVISED: March 29, 2024 PROPOSAL DUE: Friday, April 19, 2024 at 10:30 AM

Darien Downtown Development Authority- Dock Improvements RFP No. 2314

Table of Contents

PURPOSE

COASTAL MARSHLANDS PROTECTION ACT STANDARD CONDITIONS

SPECIAL CONDITIONS

SPECIFICATIONS

CONTRACT TERMS AND CONDITIONS

INSTRUCTIONS TO PROPOSERS

Proposal Package Checklist:

SOLICITATION SCHEDULE

REFERENCES

CONTRACTOR AFFIDAVIT AND AGREEMENT

LIST OF SUBCONTRACTORS FORM

SUBCONTRACTOR AFFIDAVIT AND AGREEMENT

STATEMENT OF PROPOSER’S QUALIFICATIONS

PROPOSAL SHEET

PROPOSAL FORM

BID BOND

NON-COLLUSION AFFIDAVIT

GENERAL CONDITIONS

Prepared by:

(912) 638-9681

Darien Downtown Development Authority

Conference Location: Old Darien City Hall

106 Washington St.

Darien, GA 31305

PROJECT NAME: Dock Improvements

RFP NO.: 2314

NON-MANDATORY PRE-PROPOSAL CONFERENCE: Wednesday, March 20, 2024, at 10:30 AM

PROPOSAL OPENING: Friday, April 19, 2024 at 10:30 AM

PURPOSE

Darien Downtown Development Authority (hereinafter “Owner”) is soliciting sealed competitive design-build proposals for several certified and qualified Contractors to furnish all labor, equipment, materials, and other appurtenances as specified for dock improvements on the Darien River, west of US Highway 17, in Darien, Georgia.

Competitive sealed proposals will be received at the Old Darien City Hall, 106 Washington St., Darien, GA

31305 until, but no later than 10:30 AM on Friday, April 19, 2024 at which time the sealed proposals will be publicly opened, and vendor’s names and cost will be read aloud.

One (1) original and two (2) copies of required proposal documents must be submitted in a sealed envelope marked " Darien Downtown Development Authority Dock Improvements, RFP #2314”.

Proposals may be withdrawn by written request only if the request is received prior to the time and date set for the opening of the proposals. Negligence on the part of the proposer in preparing his proposal confers no right of withdrawal or modification of his proposal after proposal has been opened. No proposal may be withdrawn for a period of sixty (60) days after the time and date of opening of proposals.

The Owner reserves the exclusive right to determine which Proposer should be awarded the Contract.

The Owner also reserves the right to waive any irregularity or informality in a proposal and accept or reject any item or combination of items, when to do so would benefit the Owner. Also, the Owner may reject proposals that do not contain all elements and information requested. The Owner will not be liable for any cost/losses incurred by proposers throughout this process. The Owner does not discriminate based on race, religion, color, sex, national origin, age, or disability.

To the extent permitted by Georgia Law, the Proposer will indemnify, defend, and hold harmless the Owner from and against any and all claims, damages, losses, and expenses including, but not limited to, fees and charges of attorneys and court and arbitration costs, arising out of or resulting from the negligent acts, negligent omissions, willful misconduct, or reckless misconduct of the Proposer or anyone for whom the Proposer is responsible.

A non-mandatory Pre-Proposal Conference will take place at the Old Darien City Hall located at 106

Washington St., Darien, GA 31305 at 10:30 AM on Wednesday, March 20, 2024.

SCOPE

The scope of work for this project consists of reconfiguring the existing public wharf and dock facility on the Darien River, southwest of Skippers’ Fish Camp (85 Screven St, Darien, GA 31305). The existing floating dock (1,002.4 SF), ramp (82 SF) and a 278 SF section of walkway shall be removed and disposed of. The irregular portion of the walkway will be replaced with a 110 SF section to straighten the wharf walkway.

A new 6’ X 86’ (516 SF) fixed walkway will be constructed directly channel ward from the westernmost fixed walkway. A 4’ X 30’ (120 SF) gangway will extend to the east to provide access to a new 10’ X 126’

(1,260 SF) floating dock (New Dock 1) that will be located approximately 15’ seaward of the existing fixed walkway. At the southern terminus of the fixed walkway will be a 4’ X 30’ (120 SF) ramp that will extend to the east to provide access to a 12’ X 126’ (1,512 SF) floating dock (New Dock 2) located seaward of New

Dock 1. The dock is approximately 35.8’ from the adjacent dock to the east and 24.3’ to the adjacent dock on the west. The dock facility will extend approximately 119’ into the waterway where it is 311’ wide at

MLW. The footprint of the modified public dock facility will be approximately 11,098 SF (0.25 AC) with new impacts to coastal marshlands totaling 2,438 SF (0.06 AC). Please see the attached Coastal

Marshlands Protection Act Permit #830 (SAS-2003-09590), hereinafter referred to as “CMPA Permit

#830”, of the proposed dock improvements for additional information.

Structural Design and Submittals including, but not limited to dock specifications, standards, and/or plans for each item listed in the Proposed Section of the Proposal Sheet must be submitted in the sealed proposal.

Testing for the design of this project is the responsibility of the contractor and is not required unless the information needed is not known. Please note that boring test results (and possibly wind test results) for the proposed bridge project on SR25/US17 over Darien River are public records and may be acquired directly from GDOT.

MATERIAL SPECIFICATIONS

1. Fixed Dock (leading into the river that the floating docks will attach to)

a. Aluminum Frame

b. Trex, WearDeck or a similar man-made composite material for the deck boards

c. Aluminum or man-made composite horizonal railings

i. One middle railing and one top railing

d. Concrete Pilings AND/OR Timber Pilings

2. Floating Docks

a. Aluminum Frame

b. Trex, WearDeck or a similar man-made composite material for the deck boards

3. Gangways

a. Aluminum with aluminum railings

b. 30-40 foot in length

c. ADA compliance is not required

COASTAL MARSHLANDS PROTECTION ACT STANDARD CONDITIONS

1. The project must comply, as applicable, for areas permitted by the CMPA Permit #830, with all other federal, state, and local statutes, ordinances, and regulations, and the applicant must obtain all licenses and permits prior to commencement of construction.

2. The CMPA Permit #830 does not resolve actual or potential disputes regarding ownership of, rights in over the property upon which the subject project is approved and shall not be construed as recognizing or denying any such rights or interests.

3. All plans, documents, and materials contained in the permit application for CMPA Permit #830, required by Coastal Marshlands Protection Act of 1970, as amended O.C.G.A. § 12-5-280 et seq.

are a part of this permit and conformance to such plans, documents, and materials are a condition of this permit. No change or deviation from these plans, documents, and materials shall be permitted without prior notification and approval by the Department of CMPC.

4. No further encroachment or construction shall take place within state jurisdiction, except as permitted by the CMPC. Any modification of the plans or structure in the jurisdictional area must be reviewed and approved by the Department or the CMPC, as necessary, prior to construction.

5. No construction or alteration of a project may commence until the expiration of 30 days following the date on which the application is approved; provided however that if a timely appeal is filed, no construction or alteration may commence until all administrative and judicial proceedings are terminated.

6. The permit must be posted onsite within 24 hours of beginning construction.

7. A copy of these and all permit conditions must be supplied to the person in charge of construction.

All contractors and subcontractors are responsible for strict adherence to all permit conditions.

8. All Best Management Practices (BMPs) should be used to prevent any erosion and sedimentation at the site. No unauthorized equipment, materials, or debris may be placed in, disposed of, or stored in jurisdictional areas. Any visible alterations in the marsh topography will be restored immediately using low-impact hand tools. Any damage to the marsh vegetation that has not recovered naturally during the next growing season will be repaired by the method acceptable to the Department.

9. If the permitted improvements are damaged, fall into disrepair, become dilapidated, or are not meeting their expected usefulness and are not maintained at a serviceable level, it is the responsibility of the owner to remove the improvements. A new permit will be required to retain and repair the structure, improvement, or asset if it loses its structural integrity and is no longer serviceable.

10. The CMPC is not bound in the future to protect any improvement or asset authorized by the permit.

SPECIAL CONDITIONS

1. A post-construction survey may be required to be provided to the Georgia Department of Natural Resources, Coastal Resources Division upon completion of the permitted activity. Such survey shall comply with the Georgia Plat Act O.C.G.A. 15-6-67 et seq.

2. Manatee awareness signage must be installed during construction of the project and adhere to standard manatee conditions and procedures for aquatic construction as approved by the Savannah District Office of the US Army Corps of Engineers, US Fish and Wildlife Services, and the Georgia Department of Natural Resources.

SPECIFICATIONS

1. Permit Placard

The permit placard, included in the attached CMPA Permit #830 package, must be posted at the work site (within 24 hours) for the duration of the construction activity.

2. Workmanship and Inspection

All work under the resulting contract shall be performed in a skillful and workmanlike manner.

The Owner may, in writing, require the Contractor to remove any employee from work that they deem incompetent or careless. Further, the Owner may, from time to time, make inspections of the work performed under this contract. Any inspection by the Owner does not relieve the

Contractor of any responsibility regarding defects or other failures to meet the contract requirements.

3. Cleaning Up

The Contractor(s) shall always keep the adjacent areas of the work area free from rubbish and the accumulation of any waste materials.

4. Safety

All contractors and subcontractors performing services for the Owner are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the worksite area under this contract.

5. Incidental and Consequential Damages

No proposer may require contractual language limiting or eliminating liability for incidental and consequential damages.

CONTRACT TERMS AND CONDITIONS

The Contract with the successful proposer will contain the following contract terms and conditions:

1. Procedures

The extent and character of the services to be performed by the Contractor shall be subject to the general control and approval of the Project Manager. Any change to the contract must be submitted in writing and approved by the Owner.

2. Contract Quantities

The quantities specified in this contract are estimated only. They do not indicate the actual quantity which may be ordered, since such a volume will depend upon requirements which develop during the contract period. Quantities shown shall not be construed to represent any amount which the Owner shall be obligated to purchase under the contract or relieve the

Contractor of his obligation to fill all orders placed by the Owner. NO PROPOSAL WILL BE

CONSIDERED WHICH STIPULATES THAT THE OWNER SHALL GUARANTEE TO ORDER A SPECIFIC

QUANTITY.

3. Schedule

Proposers shall provide, with their proposal, a proposed schedule for the project. Failure to include the schedule may be ample cause for rejection of the proposal as non-responsive. The actual timing for this project shall be coordinated with a Project Manager.

4. Delays

If a delay is foreseen, the Contractor shall give ample notice to the Owner. The Owner has the right to extend the completion date if reasons appear, in the sole discretion of the Owner, to be valid. The contractor must keep the Owner advised at all times of the status of the order. Default in promised completion (without accepted reasons) or failure to meet specifications, authorizes the Owner to purchase supplies elsewhere and charge a full increase in cost and handling to the defaulting Contractor.

5. License Requirement

All General Contractors doing business in the City of Darien are required to hold a current valid business license within the municipality where the home office is located and must be a certified contractor with the State of Georgia.

6. Insurance

The Contractor shall procure, maintain, and provide proof of, insurance coverage for injuries to persons and/or property damage as may arise from or in conjunction with, the work performed on behalf of the Owner by the Contractor, his agents, representatives, employees, or subcontractors. Proof of coverage as contained herein shall be submitted prior to the commencement of work and such coverage shall be maintained by the Contractor for the duration of the contract period. The Contractor shall not perform any work unless he has obtained and continues to maintain for the duration of such work, such worker's compensation coverage as may be required pursuant to the provisions of Title 34 Chapter 9 of the Official Code of Georgia.

A. Liability

The Contractor shall maintain such insurance as will protect him from claims under workmen's compensation acts and from any other claims for damages to property, and for personal injury, including death, which may arise from operations under this contract, whether such operations be by himself or by any sub-contractor or anyone directly or indirectly employed by either of them. Such certificates shall be in form and substance reasonably acceptable to the Owner, shall indicate that, except in respect to workers compensation insurance coverage and professional errors and omissions, Owner is an additional insured with respect to such coverage, and shall indicate that such coverage is primary and not contributory with any similar insurance purchased by the Owner. The certificates shall contain a provision that the insurer will endeavor, if allowed by the policy, to provide the Owner with thirty (30) calendar days’ notice of nonrenewal, cancellation, or termination of the coverage. If the successful proposer receives a nonrenewal. cancellation, or termination notice from an insurance carrier affording coverage required herein, the successful proposer agrees to notify the Owner by fax within two (2) business days with a copy of the nonrenewal, cancellation, or termination notice, or written specifications as to which coverage is no longer in compliance. Failure to comply with any of the provisions relating to insurance coverage herein shall be deemed a material breach if not cured. The contractor shall be responsible for providing adequate limits of insurance when working within property owned by railroads, as established by such railroad company.

B. Indemnity

To the fullest extent permitted by laws, statutes, rules and regulations, the Contractor shall indemnify and hold harmless the Owner, Engineer, Engineer’s Consultants and the Officers, Directors, Employees, Agents, and other Consultants of each and any of them from and against claims, costs, damages, losses, and expenses, including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court costs, arising out of or resulting from performance of the work, but only to the extent caused in whole or in part by negligent, reckless, willful and wanton, or wrongful acts or omissions of the Contractor, its Officers, Directors, Employees, Agents, and anyone directly, or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, cost, damage, loss, or expense is caused in part by a party indemnified hereunder, except that no party shall indemnify any other party or person for their own sole negligence. Such an obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph. In as much possible, the contractor shall be responsible for damages they may cause, unforeseen damages are the responsibility.

C. Bonds

All contractors must submit with proposal, a bid bond, certified check or cashier's check in the amount of five percent (5%) of the total proposal. Failure to submit a bid bond with the proper rating will result in the proposal being deemed non-responsive. The successful supplier will be required to meet insurance requirements, submit a one hundred percent (100%) PERFORMANCE bond and a one hundred percent (100%) PAYMENT bond. Insurance and Bonding Company should be licensed to do business by the Georgia Secretary of State, authorized to do business in Georgia by The Georgia Insurance Department, listed in the Department of Treasury's Publication of Companies holding Certificates of Authority as Acceptable Surety on Federal Bonds and as acceptable reinsuring companies. The bid bond, payment bond, and performance bond must have an A.M. Best rating of A-5 or higher.

D. Comprehensive General Liability The successful Proposer shall always exercise proper precaution for the protection of persons and property. He shall carry approved insurance from insurance companies authorized to do business in Georgia and having an A.M. Best’s rating of A+ or better with the following minimums:

*The limits of insurance are as follows:

a) General liability insurance of at least One Million (1,000,000) Dollars (Combined Single Limit per occurrence) and Two Million (2,000,000) Dollars aggregate;

b) Automobile liability insurance of at least One Million (1,000,000) Dollars (Combined Single Limit per occurrence for bodily injury or property damage); and

c) Statutory Workers’ Compensation Insurance will protect the potential proposer or offeror from Workers’ Compensation Acts.

Employers Liability

Bodily Injury Accident - $100,000 Each Accident

Bodily Injury by Disease - $500,000 Policy Limit

Bodily Injury by Disease - $100,000 Each Employee

7. Exemption from Taxes

The Contractor shall not charge the Owner directly for any sales or excise tax. The Owner is exempt from State Sales Tax. Tax Exemption Certificates indicating the Owner’s tax-exempt status will be furnished by the Owner on request. The Contractor shall be responsible for any payment of any sales, use, or excise tax. This exemption does not include materials purchased and used by a contractor for a construction project.

8. Method of Payment

Contractors shall provide their federal employer identification number on a standard W-9 form within 15 days after award in order not to delay payment. Contractor shall submit request for payment from the Owner via Roberts Civil Engineering, LLC (RCE).

Invoices shall be made out to:

Owner: Darien Downtown Development Authority

Invoices shall be emailed to: jnajar@robertscivilengineering.com

Upon RCE’s inspection and acceptance of the work, RCE will approve the invoice and forward it to the Owner to render payment, less any retainage if applicable, within thirty (30) days.

9. Termination

Subject to the provisions below, the Contract may be terminated by the Owner upon thirty (30) days advance written notice to the other party; but if any work or service hereunder is in progress, but not completed as of the date of termination, then the

Contract may be extended upon written approval of the Owner until said work or services are completed and accepted.

A. Termination for Convenience -- The Owner may terminate this Contract for convenience at any time in which case the parties shall negotiate reasonable termination costs.

B. Termination for Cause -- In the event of Termination for Cause, the thirty (30) days advance notice is waived, and the Contractor shall not be entitled to termination costs.

10. Severability

In the event that any provision of this contract shall be adjudged or decreed to be invalid, such ruling shall not invalidate the entire Agreement but shall pertain only to the provision in question and the remaining provisions shall continue to be valid, binding and in full force and effect.

11. Applicable Laws

This contract shall be governed in all respects by the laws of the State of Georgia.

INSTRUCTIONS TO PROPOSERS

1. One (1) original and two (2) copies of required proposal documents must be submitted in a sealed envelope marked with the Request for Proposal number, due date, and the proposer’s name and address on sealed submission package to:

Darien Old City Hall

C/O Darien Downtown Development Authority

106 Washington St.

Darien, GA 31305

Proposals must be dropped off in person and will be accepted at the above address until the time and date specified above, and immediately after will be publicly opened and vendor names and cost will be read aloud.

Proposals received after the required time or in any other location other than the Old Darien

City Hall addressed above will not be accepted. The Owner will not be held liable for misdirected deliveries nor deliveries that are late. Faxed or email submissions will not be accepted.

All proposals submitted in response to this invitation shall become the property of the Owner and will be a matter of public record available for review after award.

Proposal Package Checklist:

FAILURE TO RETURN THE FOLLOWING FORMS AS PART OF YOUR PROPOSAL MAY RESULT IN PROPOSAL

BEING DEEMED NON-RESPONSIVE.

❑ Executed RFP

❑ References

❑ E-Verify Affidavit Contractor

❑ List of Subcontractors Form

❑ E-Verify Affidavit Sub-Contractor

❑ Statement of Proposer’s Qualifications

❑ Proposal Sheet

❑ Structural Design and Submittals

❑ Proposal Form

❑ Bid Bond

❑ Non-Collusion Affidavit

❑ Certificate of Insurances

❑ Professional Certifications

2. Inquiries

Questions and inquiries will be accepted from proposers. Roberts Civil Engineering, LLC is the sole point of contact for this solicitation unless otherwise instructed herein. Questions regarding this construction project may be directed in writing to the Project Engineer, Jessica Najar, at Roberts

Civil Engineering, 301 Sea Island Road, St. Simons Island, GA 31522 or jnajar@RobertsCivilEngineering.com by 5 p.m. on Friday, March 22, 2024. No phone calls, please.

Unauthorized contact with other Owner staff regarding the RFP may result in the disqualification of the proposer. Inquiries pertaining to Requests for Proposals must give RFP number and title.

Material questions will be answered in writing, typically via email and will be posted to the

Owner’s website as an addendum. It is the sole responsibility of the proposer to check the website https://cityofdarienga.com/government/boards-and-commissions/dda/ regularly up to, and including, the date the proposals are due.

3. Inspection of Site

A mandatory on-site inspection is required for this project. The contractor is responsible for inspecting the site on their own.

4. Completion

Proposal must show number of days required to complete each project under normal conditions.

Failure to state completion time obligates proposer to complete the project according to the

Owner’s schedule. Unrealistically short or long completion promised may cause proposal to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from vendor list.

5. Firm Pricing for the Owner Acceptance

Proposal price must be firm for the Owner acceptance for 90 days from proposal opening date.

6. Authority to Bind Firm in Contract

Proposals MUST give full firm name and address of proposer. Failure to manually sign proposal may disqualify it. Person signing proposal should show TITLE or AUTHORITY TO BIND HIS/HER

FIRM IN A CONTRACT. Firm name and authorized signature must appear on proposal in the space provided.

7. References

All proposers shall include, with their proposals, a list of at least three (3) current references for whom comparable work has been performed. This list shall include company name, person to contact, telephone number, email address, address where work completed and days to complete.

Failure to include references may be ample cause for rejection of proposal as non-responsive.

8. Basis for Award

The contract will be awarded to the responsible, responsive proposer(s) whose submission, conforming to the solicitation, will be most advantageous to the Owner – price and other factors considered. Unless otherwise specified in this RFP, the Owner reserves the right to accept a proposal in whole or in part, and to award by item or by group, whichever is deemed to be in the best interest of the Owner when applicable. Any proposer who is in default to the Owner at the time of submittal of the proposal shall have that proposal rejected. The Owner reserves the right to clarify any contractual terms with the concurrence of the Contractor; however, any substantial mailto:jnajar@RobertsCivilEngineering.com https://cityofdarienga.com/government/boards-and-commissions/dda/ nonconformity in the offer, as determined by the Owner, shall be deemed non-responsive and the offer rejected. In evaluating proposals, the Owner shall consider the qualifications of the proposers, timeframe, cost, references and guarantees of materials and equipment.

9. Negotiation with the Responsible Proposer

Unless all proposals are canceled or rejected, the Owner reserves the right to negotiate with the lowest responsive, responsible proposer to obtain a contract price within the funds available whenever such proposal exceeds the available funds. Negotiations with the low proposer may include both modifications of the proposal price and the specifications/scope of work to be performed.

10. Notice of Award

A notice of award will be issued once the project is awarded by the Owner at an open meeting.

SOLICITATION SCHEDULE

Pre-Proposal Conference Wednesday, March 20, 2024

Deadline for Questions Friday, March 22, 2024

Proposal Due Date Friday, April 19, 2024

Public Proposal Opening Friday, April 19, 2024

Owner Approval May 2024

Person to contact regarding this proposal: ___________________________________________________

Title: _____________________________________

Phone: ___________________________________ Fax: __________________________________

Email Address: _________________________________________________________________________

Name of person authorized to bind the Firm: _________________________________________________

Signature: _________________________________

Date: _____________________________________

Name of Company: _____________________________________________________________________

Address: ______________________________________________________________________________

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE

_____ DAY OF ______________________, 20_____

Notary Public

My Commission Expires: ______________________

FAILURE TO RETURN THIS PAGE AS PART OF YOUR PROPOSAL MAY RESULT IN PROPOSAL BEING

DEEMED NON-RESPONSIVE.

REFERENCES

The Owner requests a minimum of three, (3) references where work of a similar size and scope has been completed.

References

Proposers shall provide references on this form.

1. Firm Name_____________________________________________________________________

Brief Description and location of Project ______________________________________________

Completion Date_________________________________________________________________

Contact___________________________________Phone________________________________

Title______________________________________E-mail________________________________

2. Firm Name _____________________________________________________________________

Brief Description and location of Project ______________________________________________

Completion Date_________________________________________________________________

Contact_________________________________Phone__________________________________

Title____________________________________E-mail__________________________________

3. Firm Name_____________________________________________________________________

Brief Description and location of Project______________________________________________

Completion Date________________________________________________________________

Contact________________________________Phone__________________________________

Title___________________________________E-mail__________________________________

CONTRACTOR AFFIDAVIT AND AGREEMENT

(THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH YOUR PROPOSAL PACKET)

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of the Darien Downtown Development Authority has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.

Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number (E-verify Number)

Date of Authorization

Name of Contractor

Address of Contractor

City, State and Zip Code

Name of Project

I hereby declare under the penalty of perjury that the foregoing is true and correct.

Executed on _________, ____, 20___ in ____________ (City), __________ (State).

Signature of Authorized Officer or Agent (Contractor)

Title of Authorized Officer or Agent (Contractor)

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE

_____ DAY OF ______________________, 20___

Notary Public

My Commission Expires: ______________________________

LIST OF SUBCONTRACTORS FORM

(FAILURE TO RETURN THIS PAGE AS PART OF YOUR PROPOSAL MAY RESULT IN PROPOSAL BEING DEEMED NON-

RESPONSIVE.)

I do__________, do not __________ propose to subcontract some of the work on this project. I propose to Sub-contract work to the following subcontractors:

NAME AND ADDRESS TYPE OF WORK

SUBCONTRACTOR AFFIDAVIT AND AGREEMENT

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of the Darien Downtown Development Authority has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91.

EEV / Basic Pilot Program* User Identification Number

BY: Authorized Officer or Agent Signature Date (Subcontractor Name)

Title of Authorized Officer or Agent of Subcontractor

Printed Name of Authorized Officer or Agent

_____ DAY OF ______________________, 20____

My Commission Expires: __________________________

STATEMENT OF PROPOSER’S QUALIFICATIONS

(TO BE SUBSCRIBED AND SWORN TO BEFORE A NOTARY PUBLIC)

The proposer submits the following statement of proposer’s qualification for consideration by the

Owner.

Legal Name of Proposer/Firm: ___________________________________________________________

Street Address: ___________________________________________________________

Telephone Number: ___________________________________________________________

Fax Number: ___________________________________________________________

Email Address: ___________________________________________________________

When Organized: ___________________________________________________________

Where Incorporated: ___________________________________________________________

Number of years engaged in the contracting business under the present firm name: ________________

Plan of Organization: ___Proprietorship ___Corporation ___Partnership

The proposer has never refused to sign a contract at the original proposal. T F

The proposer has never been declared default on a contract. T F

The proposer has never been debarred by the Federal Government T F

Remarks: _____________________________________________________________________________

The foregoing statement of qualifications is submitted under oath.

Under oath, I certify that I am a principal or other representative of the firm of

________________________________________________________________ and I am authorized by it to execute the foregoing offer on its behalf. I am a principal person of the foregoing with management responsibility for the foregoing subject matter and as such, I am personally knowledgeable of all its pertinent matters. The foregoing statements of facts in the foregoing proposal are true.

I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a proposal for the same materials, labor supplies or equipment and is in all respects, fair and without collusion or fraud. We understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences and civil damage awards. We agree to abide by all conditions of this proposal.

The full name and addresses of persons and firms interested in the foregoing proposal as principals are as follows:

Date:__________________________________________________________________________

Legal Name of Firm: ______________________________________________________________

By (Signature): _________________________________________________________________

Printed Name: __________________________________________________________________

Title: __________________________________________________________________________

Sworn to and subscribed before this ____________day of ____________________________20______.

My commission expires: _______________________________________________________

PROPOSAL SHEET

FROM:________________________________________________________________________

Line Item

No.

Item Description Qty Unit Unit Price Amount

GENERAL

1. Mobilization 1 LS

EXISTING

2. Walkway to be removed and disposed of 280 SF

3. Ramp to be removed and disposed of 82 SF

4. Floating Dock to be removed and disposed of 1,002 SF

*PROPOSED

5.

Wharf Walkway Section Frame: match existing

Decking: match existing

111 SF

6.

Wharf Walkway Section Handrails Match existing

34 LF

7.

Fixed Walkway: 6’ x 86’ Frame: Aluminum

Decking: Trex, WearDeck or similar man-made composite material

516 SF

8.

Fixed Walkway Handrails Aluminum or man-made composite horizontal railings. One middle railing and one top railing

172 LF

9.

Ramp 1 and 2: 4’ x 30’ Aluminum ramp with aluminum railings

240 SF

10.

Floating Dock 1: 10’ x 126’ Frame: Aluminum

Decking: Trex, WearDeck or similar man-made composite material

1,260 SF

11.

Floating Dock 2: 12’ x 126’ Frame: Aluminum

Decking: Trex, WearDeck or similar man-made composite material

1,512 SF

12. A. 16’’ diameter Concrete Piles Assumed 28 piles, 80’ long

2240 LF

12 B.

Fill in alternative pile specs and quantity:

Diameter: ______________IN

Material: _____________________________

Estimated number of Piles:_______________

Length of Piles_________________________FT

QTY:_______ LF

**TESTING (if not needed enter N/A)

13. Boring Test 1 LS

14. Wind Test 1 LS

TOTAL (w/alt. 12A) $ _______________________

TOTAL (w/alt. 12B) $ _______________________

* Structural Design and Submittals including, but not limited to, dock specifications, standards, and/or plans for each item listed in the Proposed Section must be submitted in the sealed proposal.

** Testing for the design of this project is the responsibility of the contractor and is not required unless the information needed is not known. Please note that boring test results (and possibly wind test results) for the proposed bridge project on SR25/US17 over Darien River are public records and may be acquired directly from GDOT.

Note:

The project must comply, as applicable, for areas permitted by the CMPA Permit #830, with all other federal, state, and local statutes, ordinances, and regulations. All plans, documents and materials contained in the CMPA Permit #830, are a part of this project.

PROPOSAL FORM

DATE: _______________________________

TO: Darien Downtown Development Authority

PO Box 452

Darien, GA 31305

Having carefully examined the Proposal Documents entitled RFP # 2314, the CMPA Permit #830 and

Addendum(s) No. (s) ___________________________ as well as the premises and conditions affecting the work, we propose to furnish all services, labor, equipment and materials called for them for the entire work, in accordance with aforesaid documents.

Darien Downtown Development Authority Dock Improvements–

Total Cost $_____________________________ Days to Complete ________________________

Warranty _____________________________________________________________________________

We agree that this proposal may not be revoked or withdrawn for a period of sixty (60) days following such time. In the case we are notified in writing, by mail, or email of acceptance of this proposal within sixty (60) days after the time set for the opening of proposals, we agree to begin work for the above stated project within ten (10) days of receipt of the Notice to Proceed.

The undersigned agrees to commence actual physical work on the site within ten (10) days of the notice to proceed to the undersigned.

Legal Name of Firm:____________________________________________________________________

By (Signature): ________________________________________________________________________

Printed Name: ________________________________________________________________________

Title: ________________________________________________________________________________

_________ DAY OF ________________________, 20______

My Commission Expires: _____________________________

BID BOND

KNOW ALL MEN BY THESE PRESENTS THAT:

(Name of Contractor)

(Address of Contractor)

A ___________________________________________________________________________________

(Corporation, Partnership or Individual) hereinafter called Principal, and

(Name of Surety)

(Address of Surety) a Corporation of the State of _____________________, and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto

Darien Downtown Development Authority (Name of Obligee)

PO Box 452 Darien, GA 31305 (Address of Obligee)

Thereinafter referred to as Obligee: in the penal sum of 5% of ($___________________ ) in lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal is about to submit, or has submitted, to Obligee, a proposal for furnishing materials, labor, and equipment for Darien Downtown Development Authority Dock Improvements

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

NOW, THEREFORE, the conditions of this obligation are such that if the proposal be accepted, the Principal shall within ten days after receipt of notification of the acceptance, execute a Contract in accordance with the Proposal and upon the terms, conditions, and prices set forth in the form and manner required by

Obligee and execute a sufficient and satisfactory Performance Bond and Payment Bond payable to

Obligee, each in the amount of 100% of the total Contract Price, in form and with security satisfactory to said Obligee and otherwise, to be and remain in full force and virtue in law, and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to Obligee, upon demand, the amount hereof in good and lawful money of the

United States of America, not as a penalty, but as liquidated damages.

PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as

Amended, including, but not limited to, O.C.G.A. § 36-91-1 et seq., and is intended to be and shall be constructed as a bond in compliance with the requirements thereof.

Signed, sealed and dated this ___________ day of _________ , 20___ .

ATTEST: _______________________________________

(Principal)

(Principal Secretary) _______________________________________

By:

(SEAL) _______________________________________

(Address)

(Witness as to Principal)

(Address)

(Surety)

ATTEST: By:____________________________________

(Attorney-in-Fact)

Resident Agent

(Address)

(SEAL)

(Witness as to Surety)

(Address)

NOTE: If Contractor is Partnership, all partners should execute Bond. Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located.

NON-COLLUSION AFFIDAVIT

CITY OF: _____________________________

STATE OF: ________________________________

Before me, the Undersigned Proposer being duly sworn on oath, a Notary Public, for and in the City and

State aforesaid, personally appeared _____________________________________and made oath that the Contractor herein, his agents, servants, and/or employees, to the best of his knowledge and belief, have not in any way colluded with anyone for and on behalf of the Contractor, or themselves, to obtain information that would give the Contractor an unfair advantage over others, nor have they colluded with anyone for and on behalf of the Contractor, or themselves, to gain any favoritism in the award of the contract herein. He or she further states that no person or person, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee gift, commission or thing of value on account of such sale.

Oath and Affirmation

I hereby affirm under the penalties for perjury that the facts and information contained in the foregoing proposal for public works are true and correct.

Dated this _____________ day of ____________________________, 20____________

Authorized Signature for Contractor: _________________________________________

Title: ___________________________________________________________________

Contractor's name (print):__________________________________________________

SWORN TO BEFORE ME THIS ______________DAY OF________________, 20________

NOTARY PUBLIC FOR THE STATE OF _________________________________________

My Commission Expires: __________________________________________________

Notary Public Signature____________________________________________________

Printed Name:___________________________________________________________

Phone Number:__________________________________________________________

Address:________________________________________________________________

(Note: Notary seal required for foreign Contractor.)

GENERAL CONDITIONS

INDEX

1. Definitions 37. Authority of Contractor

2. Royalties and Patents 38. Authority of Engineer

3. Permits and Regulations 39. Owner-Contractor Coordination

4. Verbal Agreements 40. Interpretation of Specifications & Drawing

5. Lands for Work Drawings

6. General Warranty and Guarantee 41. Discrepancies in Specifications & Drawings

7. Bonds 42. Material, Equipment & Workmanship

8. Contractor’s Insurance 43. Compliance with Contract Requirements

9. Liens 44. Project Meetings

10. Assignment 45. Overtime and Shift Work

11. Joint Venture Contractor 46. Construction Schedule

12. Successor’s Obligations 47. Quality

13. Business License 48. Material & Equipment Specified By Name

14. Obligations and Liability of the Contractor 49. Submittal Procedure

15. Responsibilities of the Contractor 50. Requests for Substitution

16. Compliance with Laws 51. Manufacturer’s Directions

17. Plans, Specifications and Design 52. Product Data

18. Drawings Furnished 53. Operation and Maintenance Information

19. Ownership of Drawings 54. Record Drawings

20. Reference Standards 55. Protection of the Public and Property

21. Division of Specifications and Drawings 56. Protection of the Owner’s Property

22. Order of Completion 57. Maintenance of Traffic

23. Materials, Appliances, & Employees Name 58. Lot Corners

24. Survey Information 59. Existing Utilities

25. Project Completion 60. Equal Employment Opportunity

26. Inspection and Testing of Material 61. Material Delivery, Handling, and Storage

27. Substantial Completion 62. Maintenance During Construction

28. Rights of Various Interests 63. Emergencies

29. Separate Contracts 64. Compensation

30. Subcontractors 65. Safety and Health Regulations

31. Access 66. Accidents

32. Construction Schedule and Procedures 67. Load Limits

33. Project Management 68. Sanitary Provisions

34. Entry 69. Construction Buildings

35. Preservation and Restoration 70. Cleaning Up

36. Completion of “Punch List” Items 71. Electrical Energy

72. Water Supply

73. Environment and Payment

74. Progress Payments

75. Measurement and Payment

76. Use of Completed Portions

77. Beneficial Use

78. Payments Withheld

79. Contract Time

80. Omissions

81. Differing Site Conditions

82. Changes in Work

83. Force Account and Extra Work

84. Claims for Extra Cost

85. Correction Before Final Payment

86. Liquidated Damages

87. Suspension or Abandonment of Work

88. Termination of Contract

89. Contractor’s Right to Stop Work

90. Disputes Resolution

91. Removal of Equipment

92. Laws of Georgia

93. Quantity Variance Reserve

94. Discrepancies between General

Conditions & Technical Specifications

Compliance Act

95. Georgia Security and Immigration

96. Salvaged Material & Equipment

01 - Definitions

Where used in the project manual, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine and feminine of the words and terms.

Acceptance. Formal action of the Owner in determining that the Contractor's work has been completed in accordance with the contract and in notifying the Contractor in writing of the acceptability of the work.

Act of God. A cataclysmic phenomenon of nature, such as a hurricane, earthquake or abnormal flood. Rain, wind, high water, or other natural phenomenon which might reasonably have been anticipated from historical records of the general locality of the work shall not be construed as acts of God.

Addenda. Supplemental written specifications or drawings issued prior to execution of the contract which modify or interpret the project manual by addition, deletion, clarification, or corrections.

Bid. Offer of a bidder submitted on the prescribed form setting forth the price or prices of the work to be performed.

Bidder. Individual, partnership, corporation, or a combination thereof, including joint ventures, offering a bid to perform the work.

Contract. The writings and drawings embodying the legally binding obligations between the Owner and the Contractor for completion of the work; Contract Documents attached to the Contract and made a part thereof as provided herein.

Contract Documents. The Contract, Addenda (which pertain to the Contract Documents), Contractor’s Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award), the Notice to Proceed, the Bonds, these General Conditions, the Special Conditions, the Specifications and Drawings, together with all Written Amendments, Change Orders, Work Change directives, Field Orders, and Drawing submittals. THE OWNER WILL NOT ENTERTAIN OR ACCEPT

ANY CHANGES TO THE CONTRACT FORMAT PROVIDED.

Contract Drawings. The drawings which show the scope, extent and character of the work to be furnished and performed by the Contractor and which have been prepared and reviewed by the Engineer and are referred to in the Contract Documents.

Contract Price. Amount payable to the Contractor under the terms and conditions of the contract. Based on the price given on the bidding schedule, with adjustments made in accordance with the contract. The base amount given in the bidding schedule shall be either a lump sum bid or the summation of the unit price bids multiplied by the estimated quantities set forth in the bid form.

Contract Time. Number of calendar days stated in the contract for the completion of the work or portions thereof.

Contractor. The individual, partnership, corporation, or combination thereof, including joint ventures who enter into the contract with the Owner for the performance of the work. The term covers subcontractors, equipment and material suppliers, and their employees.

Contractor's Plant and Equipment. Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the work, but not to be incorporated in the work.

Contract Technical Representative. The day-to-day Representative designated by the Owner.

City/County. Owner.

Day. Calendar day.

Defective. An adjective which when modifying the word “work” refers to work, including but not limited to the…

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