Revised Invitation to Bid_Stallings St SW rep.pdf

CITY OF COVINGTON

Invitation to Bid

Stallings Street Stallings Street Stormwater Rehabilitation Project

#2023-34 (REVISED)

June 27th, 2023 Revised November 16, 2023

Advertisement for Bid

The City of Covington is accepting bids for the Stallings Street Stormwater Rehabilitation Project #2023-34.

Sealed bids must be received by the Purchasing Department, Attn: Scott Cromer in City Hall by closing date, at which time the bids will be opened. A mandatory pre-bid meeting will be held on at the City of Covington City Hall located at 2194 Emory Street, Covington, Georgia 30014.

The City of Covington will consider the competency and responsibility of bidders in making the award. City of Covington reserves the right to reject any and all bids, to waive informalities and technicalities, to reject portions of the bids and to award contracts in a manner consistent with the City and laws governing the State of Georgia.

SCOPE AND SPECIFICATIONS

Vendors are invited to submit a bid to furnish all labor, material and equipment for the Stallings Street Stormwater Rehabilitation Project #2023-34. This project consists of removal and replacement of existing stormwater pipe and structures, and installing new pipe and structures in the rehabilitation of failing stormwater infrastructure, within the City of Covington. The location and scope of this project is defined in the attached document “Exhibit A”. The contractor will also be responsible for traffic control, erosion control and proper disposal of any environmentally sensitive waste materials as well as any fees associated for water usage for the City of Covington.

A mandatory pre-bid meeting will be held at City Hall located at 2194 Emory Street NW, Covington, Georgia 30014. All questions must be submitted by email to Michael Willis at mwillis@cityofcovington.org. Bids are due to the City of Covington Purchasing Department attention Scott Cromer located at 2194 Emory Street NW, Covington, Georgia 30014, by the date and time specified in the schedule. Late bids will not be accepted. Bids will be opened and read aloud at City Hall at 2194 Emory Street NW, Covington, Georgia 30014. A 5% Bid Bond will be required with bid.

Request for Bids and additional information may be obtained at City Hall or by accessing the request for proposals on the City’s website at https://www.cityofcovington.org/index.php?section=business-opportunities

The City of Covington reserves the right to reject any and all bids.

Please submit one original and one (1) digital copy on a USB flash drive to: City of Covington Purchasing Department

Marked: Stallings Street Stormwater Rehabilitation Project

#2023-34

Attention: Scott Cromer

2194 Emory Street NW

Covington, Georgia 30014

TERMS AND CONDITIONS

Contract Period

Contractor shall promptly commence the Work with adequate force and equipment within fourteen (14) calendar days from receipt of Notice to Proceed, or as may be specified by Special Provision, with all work to be complete within twenty-one (21) calendar days from Notice to Proceed, or as may be specified by Special Provision.

Submission of Bids

Bids shall be enclosed in sealed envelopes, addressed to the City of Covington Purchasing Department with the name of the bidder, the date and hour of opening and marked “Stallings Street Stormwater Rehabilitation Project #2023-34 ”.

Bids must be received in the Purchasing Department no later than the date and time (determined by the date/time stamp in the department) set forth in the Invitation to Bid. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Department. Any addenda should be enclosed in the sealed envelopes as well. The bids will be publicly opened and read at the time and place set forth in the Invitation to Bid.

Unsigned bids will not be considered except, in cases where bid is enclosed with other documents which have been mailto:mwillis@cityofcovington.org https://www.cityofcovington.org/index.php?section=business-opportunities signed. The City will determine this.

Information submitted by a bidder in the bidding process shall be subject to disclosure after the public opening in accordance with the Georgia Open Records Act. Each page of proprietary information must be identified. Entire bid may not be deemed proprietary.

Requirements

All work performed under this contract shall be in accordance with City of Covington and Georgia Department of Transportation Standards and Specifications and any additional details or modifications identified in the bid documents.

All materials must be inspected and approved prior to installation.

Must provide a valid State of Georgia Utility Contractors license and must have the license number visible on the outside of the sealed bid package.

The contractor will be responsible for all traffic control and conform to the guidelines set forth by the Manual on Uniformed Traffic Control Devices, Part 6.

The contractor must provide a traffic control plan to the city for review and approval a minimum of ten (10) days prior to beginning any activity at site. This plan must include any necessary road closures, detours, flagger stations and the location of any necessary signage associated with these activities. Any road closures and/or detours must be approved in writing and coordinated with the City of Covington Transportation Manager prior to beginning any work at site, and any related signage must be installed a minimum of three (3) days in advance of the actual closure.

The Contractor shall be responsible for placing illuminated message boards, in the areas of planned, single lane, or full road closures a minimum of fourteen (14) day in advance of the actual closure. The messages boards shall display the first date of the closure and the anticipated duration.

The quantities listed are estimates only. The City of Covington reserves the right to increase or decrease these quantities according to the needs of the City of Covington.

The Bidder shall be responsible for performing with his own organization at least eighty percent (80%) of the Work in this contract. The Bidder shall not subcontract, transfer, assign, or otherwise dispose of the contractor any portion thereof, without the written consent of the City.

Bidders must comply with Title VI of the Civil Rights Act of 1964, the Anti-Kickback Act, the Contract Work Hour Standard Act, and the National Occupational Safety and Health Act of 1970.

Bidders must certify that they do not and will not maintain or provide for their employees any facilities that are segregated on a basis of race, color, creed, or national origin.

The successful Bidder shall secure and pay for necessary approvals, permits, assessments, and changes required for the construction and installation of this project as required by local, state, and federal regulations.

Any change orders to the project must be submitted to the City of Covington for approval before construction begins.

Award

Award will be made to the most responsive and responsible bidder. Conditional bids are not acceptable. The quality of articles to be supplied, their conformity with the specifications, their suitability to the requirements of the City, and the delivery terms will be taken into consideration in making the award. The City may make such investigations as it deems necessary to determine the ability of the bidder to perform, and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by, or investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract. The City reserves the right to reject or accept any or all bids and to waive technicalities, informalities, and minor irregularities in bids received. The Bidder does not have the exclusive right to fill all of the City’s requirements for the goods or services awarded nor will the City be obligated to purchase the estimated annual quantity or any quantity contained in the bid document.

The City reserves the right to make an award as deemed in its best interest, which may include awarding a bid to a single bidder or multiple bidders; or to award the whole bid, only part of the bid, or none of the bid to single or multiple bidders, based on its sole discretion of its best interest.

The City reserves the right to award by line item to more than one vendor. If the City is unable to negotiate an acceptable price, it reserves the right to rebid the item(s) involved. If after the award of the bid there is a decrease in the price of a product from the manufacturer, or a rebate, the successful bidder will pass that price decrease and/or rebate onto the City. Time payment discounts will be considered in arriving at net prices and in award of bids. Offers of discount for payment within ten (10) days following the end of the month are preferred.

Local vendor preference

It shall be the policy of the City of Covington to give local vendors preference given that the quality, prior performance, availability of service, supplies and materials, delivery schedule and price are equal.

Joint Purchasing

The Newton County Shared Cost Initiative is an effort to lower the cost of goods and services purchased by public agencies in Newton County through use of shared resources and economies of scale. Accordingly, public agencies located in Newton County and participating in the shared cost initiative shall be allowed to purchase identical items and services at the same price and upon the same terms and conditions as established in this contract.

Participating agencies include the following: Newton County Board of Commissioners; Newton County Board of Education;

Newton County Water and Sewerage Authority; the City of Covington; City of Oxford; City of Porterdale; Town of Mansfield; and Town of Newborn.

CONTACT FOR THIS REQUEST:

The Owner’s contact will act as the sole point of contact for this RFP and will administer this procurement. All communications should be submitted by email, and specifically reference this RFP:

Michael Willis 2194 Emory Street, NW Covington, GA 30014 Phone: (770) 385-2188 Email: mwillis@cityofcovington.org

Please note any verbal communications with the Owner’s Contact or other individuals are not binding. With the exception of the Owner’s Contact or specified delegates, no contact with staff, Council Members, or any public official concerning the Project during the procurement process is allowed. Violation of this provision may result in the disqualification of Bidder.

The Owner’s Contact may designate alternate contacts in order to address specific inquiries.

BID COPIES FOR EVALUATION:

One (1) hard copies will be required for review purposes, as well as one (1) USB flash drive or memory stick with bid in .pdf format.

mailto:mwillis@cityofcovington.org

PRE-BID/BID MEETING:

A mandatory pre-bid meeting will be held at City Hall located at 2194 Emory Street NW, Covington, Georgia 30014.

SCHEDULE:

The current schedule is as follows:

Issue Bid: 10/27/23 Mandatory Pre-Bid Meeting: 11/15/2023, 10:00 AM Last Day for RFIs: 11/20/2023, 5:00 PM Last Day for Addenda: 11/22/2023 Submit Bids: 11/27/2023, Due by 9:30 AM, Opening at 10:00 AM Award: 12/12/2023 Contract Negotiation: 12/12/2023 – 12/20/2023 Notice To Proceed: 1/3/2024

SUBMITTAL PACKET REQUIREMENTS:

Submittal packets shall be one (1) hard copy for review purposes, as well as one (1) USB flash drive or memory stick with bid in .pdf format, which shall include: Invitation to bid, All addenda, Completed Bid Form, Bid Bond in the amount of 5% of the total bid, executed Certification by Contractor Regarding Non-Segregated Facilities, executed Affidavit Verifying Status for City Public Benefit Application, executed Non-Collusion Affidavit of Contractor, and Subcontractor as applicable, executed Certification Statements, executed Contractor Affidavit, and Subcontractor Affidavit, Sub-contractor notification list if applicable, copy of Georgia Business License, copy of Utility Contractor’s License, Insurance Certificate.

QUALIFICATIONS OF OFFERORS:

Contractor and all subcontractors must obtain a business license in Georgia and provide a copy of that license with the submittal of their bid response. All utility contractors must possess a utility contractor’s license and provide a copy of that license with the submittal of their bid response.

Proposals will be considered only from experienced and well-equipped Contractors engaged in work of this type and magnitude.

Bidders may be required to submit evidence setting forth qualifications which entitle them to considerations as a responsible Contractor. A list of work of similar character successfully completed within the last two years may be required giving the location, size and listing equipment available for use on this work. Before accepting any bid, the City may require evidence of the Contractor's financial ability to successfully perform the work to be accomplished under the contract.

The City may make such investigations as it deems necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will not be accepted.

INSURANCE:

Contractor shall maintain the following insurance, (a) comprehensive general liability, including blanket contractual, covering bodily injuries with limits of no less than $1,000,000 per occurrence; and (b) commercial automobile liability, including blanket contractual, covering bodily injuries with limits of no less than $1,000,000 per occurrence, and property damage with no limits of no less than $1,000,000 per accident, (c) statutory worker’s compensation insurance, including $1,000,000 employer’s liability insurance

Contractor shall include in their bid, a certificate or policy of insurance evidencing Contractor’s compliance with this paragraph with the City of Covington listed as the certificate holder. Contractor shall abide by all terms and conditions of the insurance and shall do nothing to impair or invalidate the coverage.

BONDS:

All bids must be accompanied by a Bid Bond in an amount not less than five percent (5%) of the Base Bid.

Performance Bond and Payment Bond, each in the amount of one hundred percent (100%) of the contract amount, will be required of the successful bidder and must be provided to the City within ten (10) days of being notified of the award.

Bonds must be written by an acceptable Surety Company licensed to do business in the State of Georgia and listed in the Department of the Treasury, Circular 570, latest edition.

PERMITS:

The successful bidder shall secure and pay for all permits, assessments, charges or fees required in connection with the proposed construction.

ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT ACT OF 2011

Vendors submitting a Qualification package in response to this RFP must complete the Contractor Affidavit under O.C.G.A. §13-10-91(b)(1) which is provided with the Bid package to verify compliance with the Illegal Immigration Reform and Enforcement Act of 2011.

A. The form must be signed by an authorized officer of the contractor or their authorized agent.

B. The form must be notarized.

C. The contractor will be required to have all subcontractors and sub-subcontractors who are engaged to complete physical performance of services under the final contract executed between the City and the contractor complete the appropriate subcontractor and sub-subcontractor affidavits.

GENERAL INFORMATION:

RECEIPT OF BID:

No bids received after said time or at any place other than the time and place as stated in the notice shall be considered.

No responsibility shall attach to City of Covington for the premature opening of a bid not properly addressed and identified.

WITHDRAWAL OF BID:

A bidder may withdraw their bid before the bid due date, without prejudice to the bidder, by submitting a written request of withdrawal to the City of Covington Purchasing Department.

Bids may not be withdrawn for a period of sixty (60) days from the due date.

REJECTION OF BID:

City of Covington may reject any and all bids and must reject a bid of any party who has been delinquent or unfaithful in any formal contract with the City of Covington. Also, the right is reserved to waive any irregularities or informalities in any bid in the proposing procedure. The City of Covington shall be the sole judge as to which bid is best, and in ascertaining this, will take into consideration the business integrity, financial resources, facilities for performing the work, and experience in similar operations of the various bidders.

STATEMENT OF EXPERIENCE AND QUALIFICATIONS:

The bidder may be required, upon request, to prove to the satisfaction of the City of Covington that he/she has the skill, experience, necessary facilities and ample financial resources to perform the contract(s) in a satisfactory manner and within the required time. If the available evidence of competency of any bidder is not satisfactory, the bid of such bidder may be rejected. The successful bidder is required to comply with and abide by all applicable federal and state laws in effect at the time the contract is awarded.

NON-COLLUSION AFFIDAVIT:

By submitting a bid, the bidder represents and warrants that such bid is genuine and not sham or collusive or made in the interest or in behalf of any person not therein named, that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from proposing and that the bidder has not in any manner sought by collusion to secure to that bidder any advantage over any other bidder.

DOCUMENTS DEEMED PART OF THE CONTRACT:

The notice, invitation to bidders, general conditions, and instructions for bidders, special conditions, supplemental conditions, specifications, bid, and addenda, if any, will be deemed part of the contract.

GOVERNING LAWS:

This contract is made under and shall be governed and construed in accordance with the laws of the State of Georgia.

ERRORS AND OMISSIONS:

The vendor shall not take advantage of any errors or omissions in this Bid Request, and shall promptly notify the City of Covington of any omissions or errors found in this document.

TORT IMMUNITY:

No officer, employee, or agent of the City acting within the scope of his/her employment or function shall be held personally liable in tort or named as a defendant in any action for injury or damage suffered because of any act, event, or failure to act.

SILENCE OF SPECIFICATIONS

The apparent silence of these specifications and any supplemental specifications as to any details, or the omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship is to be first quality. All interpretations of this specification shall be made upon the basis of this statement, with City interpretation to prevail.

OPTION TO AUDIT

Successful bidder will be required to maintain complete records during the life of the contract and for a period of one year after completion of the contract. Such records are to be made available to the City if officially requested, to be audited by a designated City auditing staff. If such audits reveal overcharges and/or undercharges, such will be adjusted and compensation made by either party to correct charges.

STANDARD INSTRUCTIONS:

1. The instructions contained herein shall be construed as a part of any bid invitation and/or specifications issued by the City of Covington and must be followed by each bidder.

2. The written specifications contained in this bid shall not be changed or superseded except by written addendum from the City of Covington. Failure to comply with the written specifications for this bid may result in disqualification by the City of Covington.

3. All goods and materials shall be F.O.B. Destination Covington, Georgia and no freight or postage charges will be paid by the City of Covington unless such charges are included in the bid price.

4. The following Stormwater Rehabilitation Project #2023-?? must be written clearly on the outside of each bid envelope in order to avoid prior opening in error.

5. All bids must be received and in-hand at bid due date and time. Each bidder assumes the responsibility for having his/her bid received at the designated time and place of bid due date. Bids received after the stated time and date may be subject to rejection without consideration, regardless of postmark. The City of Covington accepts no responsibility for mail delivery.

6. Unless otherwise stated, all bids submitted shall be valid and may not be withdrawn for a period of 60 days from the due date.

7. Each bid form submitted must include the name of the business, mailing address, the name, title and signature of the person submitting the bid. When submitting a bid to the City of Covington, the first page of your bid package should be the bid form listing the price, delivery date, etc., unless the bid form is requested to be in a separate envelope.

8. The City of Covington reserves the right to accept a bid that is not the lowest price if, in the City’s judgment, such bid is in the best interest of the City and the public. The City of Covington reserves the right to reject any and all bids.

9. Telephone, Telegraphic or Facsimile bids will not be accepted.

10. No sales tax will be charged on any orders. City of Covington is exempt from federal excise tax and Georgia sales tax with regards to goods and services purchased directly by City of Covington. Suppliers and contractors are responsible for federal excise tax and sales tax, including any taxes for materials incorporated in City construction projects. Suppliers and contractors should contact the State of Georgia Sales Tax Division for additional information. Tax Exemption Certificates will be furnished upon request.

11. If applicable, completed questionnaires must be signed manually. The City of Covington reserves the right to accept or reject any bid on the basis of incomplete or inaccurate answers to the questionnaire.

12. If applicable, warranty information shall be provided.

13. 14. Bidders shall identify any subcontractors, and include an explanation of the service or product that they may provide.

BID SPECIFICATIONS:

The specifications are as follows and on the attached pages:

A. General:

1. The contractor’s personnel shall have the qualifications, knowledge, and experience to properly and reliably perform the Services described herein.

2. The contractor shall always provide sufficient qualified personnel to perform the

Services required in a timely, accurate, and professional manner.

3. The contractor shall perform all work in coordination with the City’s schedule and/or other contractors engaged by the City.

4. Contractor shall take necessary precautions to protect any adjacent facilities and/or environment during the course of installation.

5. Contractor must clean up site after completion of the work and must dispose of all trash, materials, packaging, etc.

6. Contractor shall provide a one-year unconditional warranty for all material and labor performed.

7. Material quantities may be altered or deleted as contract quantities dictate.

City of Covington

Special Condi�ons

SC - 1 DESCRIPTION OF THE WORK: This project contains work within the city. The project generally consists of demoli�on of exis�ng storm drainage infrastructure and replacing with new infrastructure, along with installing new infrastructure. The specific loca�on and work ac�vity at each loca�on is more clearly defined, but not limited to those descrip�ons found in “Exhibit A” of the Invita�on to Bid.

SC - 2 COMMENCEMENT AND COMPLETION OF WORK: The contractor shall commence work within Fourteen (14) days a�er No�ce to Proceed is issued. The Contractor shall complete all work within Twenty-one (21) calendar days.

SC - 3 DRAWINGS: The work shall conform to the drawings provided in “Exhibit A”, all of which form a part of, and are included in these specifica�ons and are atached to the Invita�on to Bid.

SC - 4 LAYOUT OF WORK: A master benchmark can be provided the city at the contractor’s request. The Contractor will lay out his own work and will be responsible for all measurements in connec�on therewith.

SC - 5 OBSERVATIONS AND TESTS: Before acceptance of the whole or any part of the work, it shall be subjected to observa�on and tests to determine that it is accordance with the plans and specifica�ons. The Contractor will be required to maintain all work in a first-class condi�on for a 30-day opera�ng period a�er the same has been completed as a whole and the Project manager has no�fied the Contractor in wri�ng that the work has been completed to his sa�sfac�on. The Contractor shall pay for tes�ng. He shall engage a mutually acceptable laboratory or qualified individual to conduct the tests in accordance with these specifica�ons. No por�on of the work will be accepted un�l tests prove it has been sa�sfactorily completed. The Contractor shall give the Project Manager, or appointed representa�ve a minimum of 48 hours’ no�ce prior to all required observa�ons or tests.

SC - 6 BONDS: The Performance Bond in the amount of 100% of the contract amount and Payment Bond in the amount of 100% of the contract amounts shall be furnished in accordance with Ar�cle 5 of the Standard General Condi�ons unless otherwise specified.

SC - 7 CONTRACTOR AND SUBCONTRACTOR’S INSURANCE: The Contractor shall not commence work under this contract un�l he has obtained all the insurance required under this paragraph and such insurance has been accepted by the Owner, nor shall the Contractor allow any Subcontractor to commence work on his subcontract un�l the insurance required of the subcontractor has been so obtained and accepted.

Contractor and Subcontractors shall maintain the following insurance, (a) comprehensive general liability, including blanket contractual, covering bodily injuries with limits of no less than $1,000,000 per occurrence; and (b) commercial automobile liability, including blanket contractual, covering bodily injuries with limits of no less than $1,000,000 per occurrence, and property damage with no limits of no less than $1,000,000 per accident, (c) statutory worker’s compensa�on insurance, including $1,000,000 employer’s liability insurance

SC - 8 HOLD HARMLESS CLAUSE: The Contractor agrees to hold harmless, indemnify and defend the Owner and his agents, architects, engineers and employees from and against any and all claims, losses, damages, demands, causes of ac�on and any and all related costs and expenses, of every kind and character, growing out of, incidental to, of resul�ng directly or indirectly from the Contractor’s performance of the work described herein, weather such loss, damage, injury, or liability is contributed to by the negligence of the Owner, its agents, architects, engineers, or employees, except that the Contractor shall have no liability for damages or the cost incidental thereto caused by the sole negligence of the Owner, his agents, architects, engineers, or employees.

Thae Contractor will require any and all subcontractors to conform with the provisions of this clause prior to commencing any work and agrees to ensure that this clause is in conformity with the insurance provisions of the contract.

SC - 9 CONTRACTOR’S STATUS: It is agreed that the Contractor shall occupy the status of an Independent Contractor and the Contractor’s employees are not employees of the Owner.

SC - 10 TRAFFIC CONTROL BARRICADES, DANGER AND WARNING SIGNS: The Contractor shall install and maintain all barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices and shall take all necessary precau�ons for the protec�on of the work, its employees and the general public. Lanes closed to traffic shall be protected by effec�ve barricades, lighted during hours of darkness. Suitable warning signs shall be provided to control, direct traffic and warn pedestrians. Upon comple�on all barricades, signs and the like shall be removed.

The contractor must provide a traffic control plan to the city for review and approval for each loca�on a minimum of ten (10) days prior to beginning any ac�vity at site. This plan must include any necessary road closures, detours, flagger sta�ons and the loca�on of any necessary signage associated with these ac�vi�es. Any road closures and/or detours must be approved in wri�ng and coordinated with the City of Covington Transporta�on Manager prior to beginning any work at site, and any related signage must be installed a minimum of three (3) days in advance of the actual closure.

SC - 11 SANITARY PROVISIONS: The Contractor shall provide temporary sanitary facili�es for the use of the workmen during the progress of the work. All facili�es shall be removed at the comple�on of the work in each loca�on.

SC - 12 MODIFICATION OF QUANTITIES: The itemized quan��es shall be considered by the Contractor as the quan��es required to complete the work for bidding purposes. Should actual quan��es required in the construc�on of the work be greater or less than the quan��es shown on the items, an amount equal to the difference in quan��es at the unit prices for the item will be added or deducted from the contract price. Payment will only be made on actual quan��es installed.

When itemized quan��es are not given in the proposal, the schedule of values and work shown on the plans or specified shall be considered by the Contractor to be included in his contract for the lump sum prices bid.

SC - 13 RESPONSIBILITIES REGARDING EXISTING UTILITIES AND STRUCTURES: The existence and loca�on of all underground u�li�es will be inves�gated and verified in the field by the Contractor before star�ng any work. The Contractor shall call for underground u�lity loca�ons with the GA 811 U�lity protec�on center. The Contractor be responsible for iden�fying any u�lity conflicts and shall no�fy the project manager prior to star�ng work in each loca�on. The Contractor shall no�fy the project manager of any u�lity conflicts discovered during the execu�on of the work and provide ample no�ce to all affected u�lity owners. Excava�on in the vicinity of exis�ng structures and u�li�es shall be done carefully by hand. The Contractor shall be held responsible for any damage to, and for the maintenance and protec�on of exis�ng u�li�es and structures. The Contractor is responsible for coordina�ng with the u�lity companies any reloca�on, adjustment, or replacement of u�lity facili�es.

SC - 14 INTERRUPTION OF UTILITY SERVICE: The Contractor’s opera�ons shall be conducted in a manner as to interfere as litle as possible with u�lity services. Any proposed interrup�on by the Contractor must be approved in advance by the Owner. The Contractor shall be responsible for coordina�on and scheduling of said interrup�ons.

SC - 15 MEASUREMENT AND PAYMENT: Measurement and payment shall be made for the units and at the lump sum contract prices shown on the Bid Schedule. Direct payment shall only be made for those items or work specifically listed in the proposal and the cost of any other work must be included in the contract price for the applicable items to which it relates.

SC - 16 “OR EQUIVALENT”, CLAUSE: Although the plans and specifica�ons may make reference to par�cular manufacturers and model numbers for various products, such reference is made only to establish func�on and quality of such products. If it is desired to use materials or equipment of trade names or of manufacturer’s names which are different from those men�oned in the contract documents, informa�on pertaining to such items must reach the hands of the Engineer at least 10 days prior to the date set for the opening of bids. The burden of proving equality of a proposed subs�tute to an item designated by trade name or by manufacturer’s name in the contract document rests on the party submi�ng the request for acceptance. The writen applica�on for review of a proposed subs�tute must be accompanied by technical data which the party reques�ng review desires to submit in support of his applica�on. The Engineer will give considera�on to reports from reputable independent tes�ng laboratories, verified experience records showing the reputa�on of the proposed product with previous users or any other writen informa�on that is reasonable in the circumstances. The applica�on to the Engineer for review of a proposed subs�tute must be accompanied by a schedule se�ng forth in what respects the material or equipment submited for considera�on differs from the materials or equipment designated in the contract documents. The degree of proof required for acceptance of a proposed subs�tute as equivalent to a named product is the amount of proof necessary to convince the Engineer beyond all doubt. To be acceptable, a proposed subs�tute must, in addi�on, meet or exceed all express requirements of the contract documents.

If submital is accepted by the Engineer, an addendum will be issued to all prospec�ve bidders at least five (5) days prior to the date set for the opening of bids.

SC - 17 SAFETY AND HEALTHE REGULATIONS: The Contractor shall comply with the Department of Labor Safety and Health Regula�ons for Construc�on promulgated under the Occupa�onal Safety and Health Act of 1970 (PL 91–596) and under Sec�on 107 of the Contract Work and Safety Standards Act (PL 91–54). The regula�ons are administered by the Department of Labor and the Contractor shall allow access to the project to personnel from that Department.

SC - 18 RECORD DATA AND DRAWINGS: The Contractor shall keep accurate, legible records of the loca�ons, types, and sizes of sanitary lines, service laterals, manholes, cleanouts, water lines, fi�ngs, valves, hydrants, drainage pipes, drainage structures and other related work performed under this project. On a set of project prints provided by the Owner, the Contractor shall prepare a set of “record” drawings from the data stated above. The horizontal loca�ons of all por�ons of items installed on this project shall be accurately �ed down to features that are physical and visible, such as property corner markers and/or permanent type structures. Invert eleva�ons of all manholes, storm sewers and structures, sanitary sewers and li� sta�ons shall be clearly indicated. These “record” drawings shall be kept clean and dry and maintained in a current state with the progress of the work. If at any �me, a copy of this plan or por�on of it is requested by the Owner, such copy shall be made available within 24 hours a�er the request is made.

Before final acceptance of the completed installa�on and before final payment by the Owner, the Contractor shall deliver to the Project Manager, two (2) sets of “Record” Drawings accurately depic�ng the horizontal and ver�cal as–built data described above. The “Record” drawings shall have a coordinate system based on the Georgia State Plane Coordinate System, West Zone, North American Datum of 1983 (NAD83). Eleva�ons shall be based on the North American Ver�cal Datum of 1988 (NAVD 88). All measurements and coordinates shown shall use the U.S. Survey flood defini�on. Coordinates shall be shown on all drainage structures, sanitary sewer manholes, storm manholes/boxes, valve boxes/vaults, valve manholes, valves, fire hydrants, fi�ngs, and all other related work performed under this contract. Ver�cal data including but not limited to, structure and manhole frame and inverts, pipe inverts, li� sta�on frame, inverts, control levels, botom, site grading, and as–built grading shall be shown. In addi�on to the “Record” drawings, Contractor shall deliver to Engineer electronic AutoCAD (v. 14 or later) files of all the data described above on a portable USB flash drive or thumb drive.

SC - 19 PROPERTY CORNERS: The Contractor shall be responsible for restoring any property corners or monuments disturbed during construc�on. They shall be restored by a professional surveyor registered in the State of Georgia.

SC - 20 VIDEO TAPE: A digital video showing exis�ng site condi�ons shall be made by the Contractor prior to start of construc�on. Contractor shall provide Owner and Engineer a copy of the video.

Contractor is encouraged to record any exis�ng damaged facili�es that could be ques�oned later by property owners. A writen or recorded narra�ve shall be provided with the video. The Project

Manager shall be no�fied 72 hours in advance of the taping. Contractor is responsible for all costs associated with videoing and shall be considered a subsidiary part of the contract.

SC - 21 HIGH VOLTAGE ACT: Contractor accepts the obliga�ons of the High Voltage Act of the General Assembly of Georgia by execu�on of this Contract.

SC - 22 INSPECTION AND ACCEPTANCE OF MATERIALS: All materials used in the construc�on and replacement of the u�li�es associated with this contract shall be in a “New” un-used condi�on.

All materials must be inspected and approved by the Project Manager, or designated representa�ve prior to installa�on. “Owner, Project Manager, and Engineer shall have the right to reject defec�ve, or unapproved materials. Defec�ve, or unapproved materials shall not be used in the work.”

SC - 23 LIQUIDATED DAMAGES: Owner and Contractor recognize �me is of the essence for this agreement and OWNER will suffer financial loss if the work is not completed within the �me specified in the bid form, plus any extensions thereof allowed. The par�es also recognize the delays, expenses, and difficul�es involved in proving the actual loss suffered by OWNER if the work is not substan�ally completed on �me. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree to liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay OWNER the following amounts for each day expiring a�er the schedule referenced in the bid form.

(1) $250.00/day for each calendar day a�er Final Comple�on.

End of Special Condi�ons

BID FORM

Stallings Street Stormwater Rehabilitation Project #2023-34

(Page 1 of 2) City of Covington

Bid Form, City of Covington, Stallings Street Stormwater Rehabilitation Project #2023-34

Item No. Description Quantity Unit

Unit Price

Total Price

Overall Project Items 1-1 Mobilization - Project Complete 1 LS 1-2 Traffic Control - Project Complete 1 LS

Roadway Items

2-1

Remove existing asphalt, repair base full depth 6” GAB, 3” 19 MM binder and repave with 2” thick layer 9.5 MM super pave asphalt topping layer 1000 Sq Ft

2-2 Install 6" thick concrete base for asphalt topping along ditch excavation 25 CY

2-3 Install 2" thick, 9.5 MM super pave asphalt topping layer ditch line cut 94 CF 2-4 Remove and replace 24" curb and gutter 15 LF

Drainage

3-1 Remove 12" pipe of various materials and replace with 12"

DIP 235 LF

3-3 Demo and reconstruct 2 existing junction box structures 7 +/- VF

Install 1 new junction box structure 5 +/- VF 3-4 Install new traffic rated ring and cover labeled "Storm" 1 EA 3-5 Install new inlet structure 5 +/- VF

3-6 Install new 1019 grate, GA DOT rated frame, grate and hood curb inlet 1 EA 3-7 Tie to existing structures 3 EA

Miscellaneous 4-1 #57 stone for bedding 36 TONS 4-2 Final grade and grassing 100 Sq Ft 4-4 Haul away waste material 1 LS

SubTotal

15% Contingency

Project Total

15% Contingency is not guaranteed and shall only be used at the discretion of the City

BID FORM

Stallings Street Stormwater Rehabilitation Project #2023-34

(Page 2 of 2) City of Covington

PART I: Bid Summary

Vendors are invited to submit a bid to furnish all labor, material and equipment for the Stallings Street Stormwater Rehabilitation Project #2023-34. This project consists of removal and replacement of existing stormwater pipe and structures, and installing new pipe and structures in the rehabilitation of failing stormwater infrastructure, within the City of Covington. The location and scope of this project is defined in the attached document “Exhibit A”. The contractor will also be responsible for traffic control, erosion control and proper disposal of any environmentally sensitive waste materials as well as any fees associated for water usage for the City of Covington for the lump sum of:

Dollars ($ )

The above lump sum and unit prices shown shall include all labor, materials, equipment, cleaning, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for.

BIDDER understands that the City of Covington reserves the right to reject any or all bids and to waive any informalities in the bidding.

The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of Covington in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

This Bid will remain subject to acceptance for sixty days after the day of Bid opening.

BIDDER has familiarized itself with the nature and extent of the Georgia Department of Transportation, and City of Covington Standards and Specifications, Construction Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

SUBMITTED on , 2023

BIDDER:

By:

Title:

BID BOND, page 1 of 2

Five Percent (5%) of Bid

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned

, as Contractor, and

, as Surety, are hereby held and firmly bound unto CITY OF COVINGTON, GEORGIA, as CITY, in the penal sum 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.

Signed this day of , 2023.

The condition of the above obligation is such that whereas the Contractor has submitted to THE CITY OF COVINGTON, GEORGIA a certain Bid attached hereto and hereby made a part hereof to enter into a contract in writing for the following work:

Furnish all labor, material and equipment for the Stallings Street Stormwater Rehabilitation Project #2023-34. This project consists of removal and replacement of existing stormwater pipe and structures, and installing new pipe and structures in the rehabilitation of failing stormwater infrastructure, within the City of Covington. The location and scope of this project is defined in the attached document “Exhibit A”. The contractor will also be responsible for traffic control, erosion control and proper disposal of any environmentally sensitive waste materials as well as any fees associated for water usage for the City of Covington.

NOW, THEREFORE,

(a) If said Bid shall be rejected or in the alternate,

(b) If said Bid shall be accepted and the Contractor shall execute and deliver a Contract in the Form of Contract attached hereto (properly complete in accordance with said Bid) and shall furnish a bond for his faithful performance of said Contract and for the payment of all persons performing labor or furnishing material in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the City may accept such Bids, and said Surety does hereby waive notice of any such extension.

BID BOND, page 2 of 2

IN WITNESS WHEREOF, the Contractor and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

(SEAL)

Contractor

(SEAL)

Surety

Georgia Representative

CERTIFICATION BY CONTRACTOR

Regarding

NON-SEGREGATED FACILITIES

The Bidder certifies that he does not, and will not, provide and maintain segregated facilities for his employees at his establishments and, further that he does not, and will not, permit his employees to perform their services at those locations, under his control, where segregated facilities are provided and maintained. Segregated facilities include, but are not necessarily limited to, drinking fountains, transportation, parking, entertainment, recreation, and housing facilities;

waiting, rest, wash, dressing, and locker rooms, and time clock, Work, storage, restaurant, and other eating areas which are set apart in fact, or by explicit directive, habit, local custom, or otherwise, on the basis of color, creed, national origin, and race. The Bidder agrees that, except where he has obtained identical certifications from proposed subcontractors for specific time periods, he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000.00 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files.

The Bidder agrees that a breach of this certification is a violation of the Equal Opportunity clause in this Contract. The penalty for making false statements is prescribed in 18 U.S.C. 1001.

Bidder (Print)

(Signature)

Name of Signer (Print)

Title of Signer

Date

Affidavit Verifying Status for City Public Benefit Application

By executing this affidavit under oath, as an applicant for the award of a contract with the City of Covington, Georgia, I . [Name of natural person applying on behalf of individual, business, corporation, partnership, or other private entity] am stating the following as required by O.C.G.A.

Section 50-36-1:

I am a United States citizen

OR

I am a legal permanent resident 18 years of age or older or I am an otherwise qualified alien or non-immigrant under the Federal Immigration and Nationality Act 18 years of age or older and lawfully present in the United States. *

In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of Code Section 16-10-20 of the Official Code of Georgia.

Signature of Applicant: Date

SUBSCRIBED AND SWORN Printed Name:

BEFORE ME ON THIS THE

DAY OF , 20 . _

Alien Registration number for non-citizens

Notary Public My commission Expires:

*Note: O.C.G.A. § 50-36-1(e)(2) requires that aliens under the federal Immigration and Nationality Act, Title 8 U.S.C., as amended, provide their registration number. Because legal permanent residents are included in the federal definition of “alien”, legal permanent residents must also provide their alien registration number. Qualified aliens that do not have an alien registration number may supply another identifying number below.

NON-COLLUSION AFFIDAVIT OF CONTRACTOR

State of )

County of )

, being first duly sworn, deposes and says that:

(1) He is (owner, partner officer, representative, or agent) of , the Vendor that has submitted the attached RFB;

(2) He is fully informed respecting the preparation and contents of the attached RFB and of all pertinent circumstances respecting such RFB;

(3) Such RFB is genuine and is not a collusive or sham RFB;

(4) Neither the said Vendor nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affidavit, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Vendor, firm or person to submit a collusive or sham RFB in connection with the Contract for which the attached RFB has been submitted or refrain from proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Vendor, firm or person to fix the price or prices in the attached RFP or of any other Vendor, or to fix any overhead, profit or cost element of the proposing price or the proposing price of any other Vendor, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Covington or any person interested in the proposed Contract; and

(5) The price or prices quoted in the attached RFB are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Vendor or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit.

(Signed)

(Title)

Subscribed and Sworn to before me this day of , 2023

Name

Title

Notary Public: My commission expires (Date)

NON-COLLUSION AFFIDAVIT OF SUB-CONTRACTOR

State of )

County of )

, being first duly sworn, deposes and says that:

(1) He is (owner, partner officer, representative, or agent) of , the Vendor that has submitted the attached

RFB;

(2) He is fully informed respecting the preparation and contents of the attached RFB and of all pertinent circumstances respecting such RFP;

(3) Such RFB is genuine and is not a collusive or sham RFB;

(4) Neither the said sub-contractor…