RFB_24_50341 WHITE CIRCLE STABILIZATION.docx

REQUEST FOR BIDS

WHITE CIRCLE STABILIZATION

RFB-24-50341

CITY OF MARIETTA

PURCHASING DIVISION

205 Lawrence Street Marietta, Georgia 30060

04/01/2024

TABLE OF CONTENTS

REQUEST FOR BID NO. RFB-24-50341

FOR

WHITE CIRCLE STABILIZATION

TITLE PAGE

INVITATION TO BID

The CITY OF MARIETTA, will receive sealed bids for the construction of:

WHITE CIRCLE STABILIZATION

RFB-24-50341

Bids will be received by the Purchasing Division, City Hall, 1st Floor, 205 Lawrence St, Marietta, GA 30060 until: Tuesday, May 7, 2024 at 10:00 A.M., at which time the bids will be publicly opened and read aloud. Bids received after the designated time will not be considered.

The work to be done consists of furnishing all materials, labor, tools, skills, equipment, and incidentals for the construction of the aforementioned project. The approximate principal items for construction are:

· WHITE CIRCLE STABILIZATION

A Mandatory pre-bid conference will be held for this project on Tuesday, April 23, 2024 at 10:00AM at the City of Marietta Transportation Department located at 268 Lawrence Street, Marietta, GA 30060. Please drive to the rear of the facility and ring the doorbell at the rear door.

Plans, specifications, and contract documents are open to public inspection at the City of Marietta City Hall Offices, 205 Lawrence Street, Second Floor, Marietta, GA 30060. All questions concerning the project shall be addressed via e-mail to Denise Hall at Dhall@mariettaga.gov. Questions will not be responded to after Friday, April 26th, 2024 at 5PM. Answers will be provided and shared with all bidders. One contract will be awarded covering all the work, and the time for completion shall 90 calendar days for the base bid items. Due consideration will be made with respect to time charged to the project based on weather issues.

Each bid or proposal must be accompanied by a cashier’s check or certified check on a duly organized bank made payable to the City of Marietta or a bid bond executed by the bidder and surety company authorized to transact business in the State of Georgia, in the sum of not less than five percent (5%) of the total amount of the base bid. Said check or bond will be returned to unsuccessful bidders as soon as the Contract between the Owner and the successful bidder has been executed by the Owner.

All bids must be made out on the bid form furnished in the contract documents, in accordance with the instructions in the Information for Bidders. No interlineations, additions or deletions shall be made in the bid form by the bidder.

No bid may be withdrawn after the scheduled closing time for receiving bids for a period of ninety (90) days. Only a bid or proposal submitted by a bidder on record with the City of Marietta as having received the bid documents and attended the mandatory pre-bid conference will be opened. The City reserves the right to reject any or all bids, to waive formalities and re-advertise; and to reduce or add to the contract from time to time. The City shall pay the contractor for performance of the work after completion and acceptance of the work by the City.

Prior to Bid Opening, all Bidders are required to visit the Project site and become familiar with the existing conditions and understand the implications of the proposed improvements.

The City of Marietta in accordance with Title VI of the Civil Rights Act of 1964 and 78 Stat. 252, 42 USC 2000d—42 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.

Title 32, Highways, Bridges and Ferries. Chapter 2 State, County, and municipal road system. Article 4. Municipal street systems. Part 2. Exercise by municipalities of power to contract generally.

04/12/2024

04/19/2024

INSTRUCTIONS TO BIDDER

FOR INVITATION TO BID

ARTICLE 1 TIME AND DATE DUE

The City of Marietta, a political subdivision of the State of Georgia (hereinafter "City of Marietta" or the "City") shall receive sealed bids from individuals, corporations, partnerships, and other legal entities organized under the laws of the State of Georgia or authorized to conduct business in the State of Georgia until:

10:00 A.M., Tuesday, May 7, 2024

For the following:

WHITE CIRCLE STABILIZATION

RFB-24-50341

Successful vendor shall be required to complete the Independent Contract agreement, sample is attached hereto.

ARTICLE 2 PREBID CONFERENCE

A Mandatory pre-bid meeting for interested bidders will be held on Tuesday, April 23, 2024, at 10:00 A.M. The meeting will be held at the Transportation Office at 268 Lawrence Street, Marietta, GA 30060. Park in the rear of the facility and ring the doorbell at the back door.

The purpose of the conference is to familiarize the bidders with the scope of the work. The project scope will be discussed in detail at this time.

ARTICLE 3 OPENING LOCATION & TIME

This bid shall be opened at 10:00 A.M., Tuesday, May 7, 2024, at the City of Marietta, City Council Chambers, First Floor, 205 Lawrence Street, Marietta, Georgia 30060.

ARTICLE 4 DELIVERY REQUIREMENTS

Any bids received after the stated time and date shall not be considered. It shall be the sole responsibility of the bidder to have their bid delivered to the City of Marietta Purchasing Division for receipt on or before the above stated time and date. If a bid is sent by Tuesday, April 23, 2024 the U.S. Postal Service, the bidder shall be responsible for its timely delivery to the Purchasing Division. Bids delayed by the mail shall not be opened at the public opening, and arrangements shall be made for their return at the bidder's request and expense.

ARTICLE 5 CLARIFICATION & ADDENDA

Each bidder shall examine all invitation for bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions, or requests concerning interpretation, clarification or additional information pertaining to the invitation to bid shall be made through Denise Hall, Dhall@mariettaga.gov, The City of Marietta, Purchasing Division. The City shall not be liable for oral interpretations given by any City employee, representative, or others. The issuance of a written addendum is the only official method whereby interpretation, clarification or additional information can be given.

If any addenda are issued to this invitation for bid, the City shall attempt to notify all prospective bidders who have secured the same, however, it shall be the responsibility of each bidder prior to submitting their bid to contact the City of Marietta, Purchasing Division at Dhall@mariettaga.gov or (770) 794-5698 ( 72 hours prior to bid due date to determine if any addenda were issued and to make sure such addenda is a part of their bid). EACH BIDDER SHALL ACKNOWLEDGE IN ITS BID ALL ADDENDA RECEIVED.

ARTICLE 6 USE, CLARIFICATION AND RETURN OF DRAWINGS AND SPECIFICATIONS

All Drawings and Specifications for the work are the sole property of the Owner and intended solely for use in the work contemplated in such Drawings and Specifications. Except for a bidder whose bid is accepted, said Drawings and Specifications shall be returned in good condition immediately upon receipt of notification that a bid has been accepted or that no award of said bid shall be accepted.

If there are any discrepancies in, or omissions from, the Drawings or Specifications, or if the bidder is in doubt as to the true meaning of any part of the Contract Document, he shall request clarification from The Purchasing Division. Such request shall be in writing and shall be made not less than forty-eight hours prior to the time scheduled for the termination of bidding. Interpretations in response to inquiries for any bidder, clarifications or corrections issued in in the form of addenda shall be mailed to each bidder. If the bidder fails to request clarification regarding methods of performing work or the material required, his bid shall be deemed to include the method requiring the greater quantity of work or material or upon the material of greatest cost indicated.

ARTICLE 7 BUSINESS LICENSE /OCCUPATIONAL LICENSE

The bidder shall provide appropriate proof of an Occupational Tax license

ARTICLE 8 SEALED & MARKED

THREE SIGNED COPIES OF YOUR BID SHALL BE SUBMITTED

IN ONE SEALED PACKAGE, CLEARLY MARKED ON THE OUTSIDE:

REQUEST FOR BID

RFB-24-50341

WHITE CIRCLE STABILIZATION

and addressed to:

City of Marietta, Purchasing Division 205 Lawrence Street Marietta, Georgia 30060 Attention: Denise Hall

ARTICLE 9 LEGAL NAME

Bids shall clearly indicate the legal name, address and telephone of the respective bidder (company, firm, partnership, individual). Bids shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the bidder to the submitted bid.

ARTICLE 10 BID EXPENSES

All expenses for making bids to the city are to be borne by the bidder.

ARTICLE 11 IRREVOCABLE OFFER

Any bid may be withdrawn up until the date and time set above for the opening of bid. Any bid not withdrawn shall, upon opening, constitute an irrevocable offer for a period of 60 days to sell to The City of Marietta the goods or services set forth in the attached specifications until one or more of the bids have been duly accepted by the City. All prices shall be quoted F.O.B. City of Marietta, Georgia.

Bid modifications shall be accepted from a bidder only if received prior to the scheduled bid opening, in writing, properly signed by the authorized representative of the bidder's (company, firm, partnership, individual). Bid modifications shall be submitted as referenced in Article No. 8 and clearly marked “BID MODIFICATIONS.”

Mathematical errors shall be corrected by the City, i.e.: misplaced decimal points shall be corrected; in discrepancies between unit price vs. extended price, unit price shall govern; errors in extension of unit prices shall be corrected and mathematical errors shall be corrected.

ARTICLE 12 RESERVED RIGHTS

The City reserves the right to accept or reject any and or all bids, to waive irregularities and technicalities, award the contract in the best interest of the City of Marietta or to request re-bid. The City reserves the right to accept all or any part of the bid and to increase or decrease quantities to meet additional or reduced requirements of the City.

For each item or for all items combined, the bid of the lowest, responsible and responsive bidder shall be accepted, unless all bids are rejected. The lowest responsive bidder shall mean the bidder who makes the lowest bid to sell goods and/or services of a quality which conforms closest to the quality of goods and/or services set forth in the attached specifications or otherwise required by the City and conforms to all material aspects of the requirements set forth in the invitation for bid. To be a responsible bidder, the bidder shall be fit and capable to perform the work as required, shall have the capability in all respects to perform fully the contract requirements, and shall have the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit, which shall assure good faith performance. Also, the City reserves the right to make such investigations as it deems necessary to determine the ability of any bidder to deliver the goods or service requested.

Information the City deems necessary to make this determination shall be provided by the bidder. Such information may include but shall not be limited to current financial statements; verification of availability of equipment and personnel; and past performance records.

ARTICLE 13 APPLICABLE LAWS

Bidders shall be authorized to transact business in the State of Georgia. All applicable laws and regulations of the State of Georgia and ordinances and regulations of the City of Marietta shall apply to any resulting agreement.

ARTICLE 14 CODE OF ETHICS

With respect to this bid, if any bidder violates or is a part to a violation of the State of Georgia, Code of Ethics for Public Officers and Employees, such bidder may be disqualified from furnishing the goods or services for which the bid is submitted and shall be further disqualified from submitting any future bids for goods or services for the City of Marietta.

ARTICLE 15 COLLUSION

By offering a submission to this invitation for bid, the bidder certifies that the bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded with any other bidder or parties to this bid whatsoever. Also, bidder certifies, and in the case of a joint bid each party thereto certifies as to his/her own organization, that in connection with this bid:

15.1 Any prices and/or cost data submitted have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices and or cost data, with any other bidder or with any competitor;

15.2 Any prices and/or cost data quoted for this bid have not been knowingly disclosed by the bidder and shall not knowingly be disclosed by the bidder prior to the scheduled opening directly or indirectly to any other bidder or to any competitor;

15.3 No attempt has been made or shall be made by the bidder to induce any other person or firm to submit a bid for the purpose of restricting competition;

15.4 The only person or persons interested in this bid, principal/principals is/are named therein and that no person other than therein mentioned has any interest in his bid or in the contract to be entered into; and

15.5 No person or agency has employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or established commercial agencies maintained by the Purchaser for the purpose of doing business.

ARTICLE 16 CONTRACT FORMS

Any agreement, contract or Purchase Order resulting from the acceptance of a bid shall be on forms provided by the City. Each bidder shall state in his bid, in words and numerical, written in ink or typed, the price for which he shall perform the work or supply the items required by the specifications, plans and contract documents. Any erasures, delineations or alterations are to be clear and initialed by the person signing.

ARTICLE 17 NOTICE OF ACCEPTANCE

Owner shall notify the successful bidder of its acceptance of the bid by depositing an executed copy thereof in the United States mail. Such notice shall be sent by certified mail, with postage prepaid, to the name and address of such bidder as stated in the proposal. Unsuccessful bidders shall be notified first-class mail.

ARTICLE 18 BID FORMS, VARIANCES, ALTERNATES

Bids shall be submitted on attached City forms. BIDDERS SHALL SUBMIT SIGNED BID FORMS, ALL DOCUMENTS REQUIRING SIGNATURES AND ANY OTHER ATTACHMENTS (LICENSES, SPECIFICATIONS, ETC.) REQUIRED FOR THIS BID IN TRIPLICATE WITH ORIGINAL SIGNATURES WHERE APPLICABLE.

Bidders shall indicate any and all variances/exceptions from the City requested specifications, terms, and conditions on sheet entitled “EXHIBIT A” Providing there have been no variances/exceptions or alterations attached to said bid, it shall be assumed that the bidder is meeting all requirement of the specifications. Alternate bids may or may not be considered at the sole discretion of the City.

ARTICLE 19 DISCOUNTS

Any and all discounts shall be incorporated as a reduction in the bid price and not shown separately. The price as shown on the bid shall be the price used in determining awards.

ARTICLE 20 DESCRIPTIVE INFORMATION

Unless otherwise specifically provided in the specifications, reference to any equipment, material, article or patented process, by trade name, make or catalogue number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. If the bidder wishes to make substitution to the specifications, bidder shall furnish to the City the name of the manufacturer, the model number, and other identifying data and information necessary to aid the City in evaluating the substitution, and such substitution shall be subject to City approval. Substitutions shall be approved only if determined by the City to be equivalent to the specifications. A bid containing a substitution is not accepted until such time as it is approved by the city.

ARTICLE 21 TAXES

The City of Marietta is exempt from Federal Excise and State Sale Taxes; therefore, the bidder is prohibited from delineating a separate line item in his bid for any sales or service taxes. The City of Marietta does not intend to imply that a bidder has no independent tax liability.

ARTICLE 22 USE OF TRADE NAMES

Brand or trade names referenced in specifications are for comparison purposes only. Bidders may submit bids on items manufactured by other than the manufacturer specified. In these instances, bids shall be accompanied with all descriptive information necessary for a thorough evaluation of the proposed materials, equipment such as detailed drawings and specifications, certified operation and test data, and experience records, as well as an itemized list of any variance from, or exception taken to the specifications.

Failure of any bidder to furnish this data shall be cause for rejection of specified item(s) to which it pertains.

ARTICLE 23 REGULATIONS, CODES AND STANDARDS

It shall be the responsibility of each supplier to assure compliance with any and all Codes & Standards including but not limited to OSHA, EPA LIFE SAFETY, ANSI ASTM, UA and/or other Federal or State of Georgia rules, regulations or other requirements, as each may apply.

When applicable, and as required under the provisions of Georgia's Right-To-Know-Law, the manufacturer, importer or distributor of a toxic substance shall provide a material safety sheet with the bid.

ARTICLE 24 AUTHORIZED PRODUCTION REPRESENTATION

The successful bidder(s) by virtue of submitting the name and specifications of a manufacturer's product, shall be required to furnish the named manufacturer's product. By virtue of submission of the stated documents it shall be presumed by the City that the bidder(s) is/are legally authorized to submit, and the successful bidder(s) shall be legally bound to perform according to the documents.

ARTICLE 25 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE

The City of Marietta, Marietta, Georgia, in accordance with the provisions of Title VI of The Civil Rights Act of 1964(78 Stat. 252) and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act, hereby notifies all bidders that it shall affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises shall be afforded full opportunity to submit bids in response to this advertisement and shall not be discriminated against on the grounds of race, color, disability or national origin in consideration for an award.

ARTICLE 26 CONFIRMATION ON BIDS

BIDDERS INTERESTED IN RECEIVING A COPY OF THE BID TABULATION/EVALUATION SHEET SHOULD ENCLOSE A STAMPED, SELF-ADDRESSED ENVELOPE WITH THEIR BID. ALLOW THIRTY (30) DAYS MINIMUM FOR A REPLY.

ARTICLE 27 INSURANCE, INDEMNIFICATION, AND LIABILITY

Owner requires the vendor to have and maintain the following insurance coverage and indemnification provisions with the City of Marietta named as an additional insured thereunder:

A. INSURANCE

The Contractor agrees to provide and maintain insurance coverage until the contract is completed and to furnish certificates from its insurance carriers, showing that it carries insurance in the following minimum limits:

I. Worker’s Compensation Insurance Statutory

II. Comprehensive General Liability Insurance including:

III.. Automobile Liability Insurance including:

$1,000,000 combined single limit

B. INDEMNIFICATION

The Contractor agrees to indemnify and save harmless the Owner, its agents, assigns, and employees from and against all claims, demands, liabilities, suits, judgments and decrees, losses and costs and expenses of any kind or nature whatsoever on account of injuries to or death of any person or persons or damage to any property occurring directly or indirectly from performance of work hereunder by contractor or his employees, agents, servants, associates or subcontractors however such injuries or death or damage to property may be caused.

C. LIMITATIONS OF LIABILITY

Owner shall not be liable in contract or in tort (including negligence) to Vendor, subcontractor or suppliers of Vendor, regardless of tier, for incidental or consequential damages arising out of or resulting from Owner’s performance or nonperformance of its obligations under this Agreement, or from Owner’s termination or suspension of the services under this Agreement.

EXHIBIT A

ALTERATIONS /EXCEPTIONS

SPECIAL INSTRUCTIONS: ALL ITEMS SHALL BE TYPED OR PRINTED

NOTICE TO CONTRACTORS

Sealed bids will be received by the City of Marietta, at the City of Marietta Purchasing Division, located at 205 Lawrence Street, Marietta, Georgia until Tuesday, May 7, 2024, at 10:00AM. NO BIDS WILL BE ACCEPTED AFTER THE 10:00 AM DEADLINE. No submitted bid may be withdrawn after the scheduled bid opening for a period of ninety (90) days.

The bids will be publicly opened and read aloud on Tuesday, May 7, 2024, at 10:00 A.M. at the City Council Chambers, City of Marietta City Hall, 205 Lawrence Street, 1st Floor, Marietta, GA 30060.

A MANDATORY pre-bid conference will be held for this project on Tuesday, April 23, 2024, at 10:00 A.M. at the City of Marietta Transportation Department located at 268 Lawrence Street, Marietta, GA 30060. Please drive to the rear of the facility and ring the doorbell at the rear door.

All questions should be sent via email to Dhall@mariettaga.gov .The deadline for questions is Friday, April 26th, 2024 at 5:00 P.M.

The work to be done consists of the furnishing of all materials, labor and equipment for:

Project consist of installing guardrail, grading and shaping the slope, and clearing vegetation.

The time allowed for completion of the project will be 90 calendar days.

Lane closures are not permitted between 6:00 A.M. and 9:00 A.M. or 4:00 P.M. through 7:00 P.M. Monday through Friday without prior approval from the City.

Any lane closures active outside these hours without prior approval will result in the assessment of Liquidated Damages at the rate of established in Section 108.04 in this Contract.

These damages are in addition to any other specified damages as per Section 108.08, Failure or Delay in Completing Work on Time, or otherwise stated elsewhere in the Contract Documents.

Payment will be made monthly based on approved invoices for quantities of approved work completed.

The Contractor and their subcontractors are required to be in compliance with the "Georgia Security and Immigration Compliance Act." The Contractor must execute and submit at the time of the bid the "Contractor Affidavit and Agreement," or bid will be determined non-responsive and will be disqualified.

Failure to comply with any of the requirements and procedures of the City (i.e., failure to timely supply required affidavits or compliance certification documents; failure to utilize federal work authorization procedures; failure to permit or facilitate audits or reviews of records by records by City officials upon request; and/or failure to continue to meet any of the statutory or City obligations during the life of the contract) shall constitute a material breach of the agreement and shall entitle the City to dismiss any general contractor or to require the dismissal of any subcontractor or sub/subcontractor (irrespective of tier) for failing to fully comply with these requirements, and

That upon notice of a material breach of these provisions, the Contractor (or subcontractor, regardless of tier) shall be entitled to cure the breach within ten (10) days and provide evidence of such cure. Should the breach not be cured, the City shall be entitled to all available remedies, including termination of the contract, the requirement that a subcontractor be dismissed from performing work under the contract, and any and all damages permissible by law.

For all bids on contracts involving utility work as defined in O.C.G.A. 43-14-1 et.seq., the Contractor and/or its subcontractor(s) that will perform utility work must have a valid State of Georgia Utility Contractor License and comply with all applicable provisions of Chapter 14 of Title 43 of O.C.G.A.

The Bidder is required to submit only the Bid Proposal, which includes:

1. Completed Bid Proposal Form (SIGNED, SEALED AND DATED WHERE APPLICABLE)

2. Bid Bond or Certified Check (All proposals shall be accompanied by a Bid Bond or Certified Check drawn in favor of the City Council of the City Of Marietta, Georgia, in the amount of at least five percent (5%) of the bid for the complete work: such Bid Bond representing that the Bidder, if awarded a contract, will promptly enter into a contract and furnish Performance Bond, in an amount of one hundred percent (100%) of the full amount of the Contract amount and Labor and Material Payment Bond, in an amount equal to one hundred ten percent (110%) of the full amount of the Contract, as provided by law. The aggregate amount of the bonds shall be 210 percent of the full penal sum of the Contract. The Bid Bond shall be forfeited to the City of Marietta, Georgia, as liquidated damages if the Bidder fails to execute the contract and provide Performance and Payment Bonds within ten (10) days after being notified of award of the Contract.

3. Contractor Affidavit and Agreement

4. Certification by Contractor re: Non-Segregated Facilities

5. Non-Collusion Affidavit of Prime Bidder (SIGNED AND NOTARIZED)

6. Completed Schedule of Items (Sign Each Page)

7. References

Specifications and contract documents are open to public inspection at the City Purchasing Division office.

All bidders must be on record with City of Marietta as having purchased specifications. All bids shall be submitted on the Bid Proposal Form. Any revisions made on the outside of the envelope will not be accepted.

All work performed for this project will be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems, Current Edition, and any modifications identified in the bid documents.

The Bidder shall not subcontract, transfer, assign, or otherwise dispose of the contract or any portion thereof, without the written consent of the City.

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

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 which are segregated on a basis of race, color, creed, or national origin.

The City of Marietta reserves the right to reject all bids and to waive formalities. Any claims for cost incurred by any Bidder in preparation of any part of or total package for this project will not be considered for reimbursement by the City of Marietta.

The Bidding Documents consist of the following, including all addenda issued therewith and forms referenced therein:

Section 1 – Bid Documents

BID PROPOSAL

Proposal of (hereinafter called "Bidder") a contractor organized and existing under the laws of the State of , *an individual, a corporation, or partnership doing business as .

*Strike Out Inapplicable Terms.

TO: City of Marietta (Hereinafter called "City") Gentlemen:

The Bidder in compliance with your Notice to Contractors and all Bidding Documents for the construction of:

Project consist of installing guardrail, grading and shaping the slope, and clearing vegetation.

The time allowed for completion of the project will be 90 calendar days.

Lane closures are not permitted between 6:00 A.M. and 9:00 A.M. or 4:00 P.M. and 7:00 P.M. Monday through without prior approval from the City.

Any lane closures active outside these hours without prior approval will result in the assessment of Liquidated Damages at the rate of established in Section 108.04 in this Contract.

These damages are in addition to any other specified damages as per Section 108.08, Failure or Delay in Completing Work on Time, or otherwise stated elsewhere in the Contract Documents.

Payment will be made monthly based on approved invoices for quantities of approved work completed.

The Contractor and their subcontractors are required to be in compliance with the "Georgia Security and Immigration Compliance Act." The Contractor must execute and submit at the time of the bid the "Contractor Affidavit and Agreement," Page 1.15) or bid will be determined non-responsive and will be disqualified.

Failure to comply with any of the requirements and procedures of the City (i.e., failure to timely supply required affidavits or compliance certification documents; failure to utilize federal work authorization procedures; failure to permit or facilitate audits or reviews of records by records by City officials upon request; and/or failure to continue to meet any of the statutory or City obligations during the life of the contract) shall constitute a material breach of the agreement and shall entitle the City to dismiss any general contractor or to require the dismissal of any subcontractor or sub/subcontractor (irrespective of tier) for failing to fully comply with these requirements, and

BID PROPOSAL

that upon notice of a material breach of these provisions, the Contractor (or subcontractor, regardless of tier) shall be entitled to cure the breach within ten (10) days and provide evidence of such cure. Should the breach not be cured, the City shall be entitled to all available remedies, including termination of the contract, the requirement that a subcontractor be dismissed from performing work under the contract, and any and all damages permissible by law.

For all bids on contracts involving utility work as defined in O.C.G.A. 43-14-1 et.seq., the Contractor and/or its subcontractor(s) that will perform utility work must have a valid State of Georgia Utility Contractor License and comply with all applicable provisions of Chapter 14 of Title 43 of O.C.G.A.

The Bidder, having examined the specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and supplies to construct the project in accordance with the contract documents, within the time set forth herein, and at the prices stated below, proposes to enter into a Contract with City of Marietta to provide the necessary machinery, tools, apparatus, all materials and labor, and other means of construction necessary to complete the Work. The undersigned proposes to furnish and construct the items listed in the attached Schedule of Items for the unit prices stated.

Bidder agrees that the cost of any work performed, materials furnished, services provided, or expenses incurred, which are not specifically delineated in the Contract Documents, but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled.

Bidder further proposes and agrees hereby to promptly commence the Work with adequate force and equipment within ten (10) calendar days from receipt of Notice to Proceed, or as may be specified by Special Provision, and to complete the Work within 90 calendar days.

The Bidder acknowledges receipt of the following addenda:

The undersigned further agrees that in case of failure on his part to execute said contract and bonds, or provide satisfactory proof of carriage of the insurance required, within ten (10) calendar days after notification of award thereof, the Bid Bond or certified check accompanying his bid and the money payable thereon shall be forfeited to the City as liquidated damages; otherwise, the check or Bond accompanying this proposal shall be returned to the Bidder.

The Bidder declares that he understands that the quantities shown on the proposal are subject to adjustment by either increase or decrease, and that should the quantities of any of the items of work be increased, the undersigned proposes to do the additional work at the unit prices stated herein; and should the quantities be decreased, he also understands that payment will be made on actual quantities at the unit price bid and will make no claim for anticipated profits for any decrease in the quantities, and that actual quantities will be determined upon completion of work, at which time adjustment will be made to the Contract amount by direct increase or decrease.

The full name and residence of persons or parties interested in the foregoing bid as principals, are named as follows:

BID SCHEDULE

City of Marietta, GA

Bid Schedule of Items

Total:

RFB-24-50341

BIDDER agrees to perform all the work for the WHITE CIRCLE STABILIZATION for the following Base Price:

Base Bid:

Dollars ($ )

Respectfully Submitted:

(Bidder)

BY:

(Signature)

(Title)

(Business Address and Zip Code)

License Number

(SEAL - if bid is by a Corporation)

BID BOND

(Five Percent (5%) of Bid)

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned Principal, and as Surety, are hereby held and firmly bound unto City of Marietta, Georgia, 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 , 2024

The condition of the above obligation is such that whereas the Principal has submitted to CITY OF MARIETTA, GEORGIA a certain bid attached hereto and hereby made a part hereof to enter into a contract in writing for the construction of:

Project consist of installing guardrail, grading and shaping the slope, and clearing vegetation.

The time allowed for completion of the project will be 90 calendar days.

Lane closures are not permitted between 6:00 A.M. and 9:00 A.M. or 4:00 P.M. and 7:00 P.M. Monday through without prior approval from the City.

Any lane closures outside these hours without prior approval will result in the assessment of Liquidated Damages at the rate of established in Specification 108.04 in this Contract.

These damages are in addition to any other specified damages as per Section 108.08, Failure or Delay in Completing Work on Time, or otherwise stated elsewhere in the Contract Documents.

Payment will be made monthly based on approved invoices for quantities of approved work completed.

The Contractor and their subcontractors are required to be in compliance with the "Georgia Security and Immigration Compliance Act." The Contractor must execute and submit at the time of the bid the "Contractor Affidavit and Agreement," (Page 1.15) or bid will be determined non-responsive and will be disqualified.

Failure to comply with any of the requirements and procedures of the City (i.e., failure to timely supply required affidavits or compliance certification documents; failure to utilize federal work authorization procedures; failure to permit or facilitate audits or reviews of records by records by City officials upon request; and/or failure to continue to meet any of the statutory or City obligations during the life of the contract) shall constitute a material breach of the agreement and shall entitle the City to dismiss any general contractor or to require the dismissal of any subcontractor or sub/subcontractor (irrespective of tier) for failing to fully comply with these requirements, and

That upon notice of a material breach of these provisions, the Contractor (or subcontractor, regardless of tier) shall be entitled to cure the breach within ten (10) days and provide evidence of such cure. Should the breach not be cured, the City shall be entitled to all available remedies, including termination of the contract, the requirement that a subcontractor be dismissed from performing work under the contract, and any and all damages permissible by law.

For all bids on contracts involving utility work as defined in O.C.G.A. 43-14-1 et.seq., the Contractor and/or its subcontractor(s) that will perform utility work must have a valid State of Georgia Utility Contractor License and comply with all applicable provisions of Chapter 14 of Title 43 of O.C.G.A.

NOW, THEREFORE,

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

(b) If said bid shall be accepted and the Principal 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.

IN WITNESS WHEREOF, the Principal 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)

Principal

By:

Printed Name

(SEAL)

Surety

By: Georgia Representative

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

State of )

County of )

, being first duly sworn, deposes and says that:

(1) He/She is (Owner, Partner, Officer, Representative, or Agent) of the Bidder that has submitted the attached Bid;

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

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

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

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

Company Name

Signed

(Printed Name

Title

Subscribed and Sworn to before me this day of , 2024

Signature

Title

My Commission expires Date

NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR

State of ) County of

, being first duly sworn, deposes, and says that:

(1) He/She is (Owner, Partner, Officer, Representative, or Agent) of , hereinafter referred to as the “Subcontractor”;

(2) He/She is fully informed respecting the preparation and contents of the Subcontractor’s Proposal submitted by the Subcontractor to , the Contractor for certain work in connection with the Contract pertaining to the Project in City of Marietta, Georgia;

(3) Such Subcontractor’s Proposal is genuine and is not a collusive or sham Proposal;

(4) Neither the Subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Proposal in connection with such Contract or to refrain from submitting a Proposal in connection with such Contract or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other Bidder, firm, or person to fix the price or prices in said Subcontractor’s Proposal, or to secure through collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Marietta or any person interested in the proposed Contract; and,

(5) The price or prices quoted in the Subcontractor’s Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Signed

Title (Seal)

(Printed Name)

Subscribed and Sworn to before me this day of , 2024

(Printed Name)

My Commission Expires

Date:

REFERENCES

Please provide 5 references

Project: ___________________________________________________________________________ Description: _______________________________________________________________________ Client: ____________________________________________________________________________ Contact: ___________________________________________________________________________ Phone: _____________________________ Email: ________________________________________

Project: ___________________________________________________________________________ Description: ________________________________________________________________________ Client: ____________________________________________________________________________ Contact: ___________________________________________________________________________ Phone: _____________________________ Email: ________________________________________

Project: ___________________________________________________________________________ Description: ________________________________________________________________________ Client: ____________________________________________________________________________ Contact: ___________________________________________________________________________ Phone: _____________________________ Email: ________________________________________

Project: ___________________________________________________________________________ Description: ________________________________________________________________________ Client: ____________________________________________________________________________ Contact: ___________________________________________________________________________ Phone: _____________________________ Email: ________________________________________

Project: ___________________________________________________________________________ Description: ________________________________________________________________________ Client: ____________________________________________________________________________ Contact: ___________________________________________________________________________ Phone: _____________________________ Email: ________________________________________

SECTION 2 – SAMPLE Contract Documents

INDEPENDENT CONTRACT AGREEMENT

Made this day of in the year of Two Thousand Twenty-Four

BETWEEN the Owner:

City of Marietta 205 Lawrence Street Marietta, Georgia 30060 and the Contractor:

The Project is: WHITE CIRCLE STABILIZATION, Bid Number RFB-24-50341

The Owner and Contractor agree as set forth below.

ARTICLE 1: ACCEPTANCE OF CONTRACT

1.0 The terms and conditions of this contract supersede those of Contractor’s quotation and are not to be superseded by any contrary or additional terms and conditions stated in Contractor’s quotation or acknowledgment or other document unless specifically agreed to in writing to this agreement by the City of Marietta.

ARTICLE 2: SCOPE OF WORK

Contractor agrees to furnish all labor, tools, materials, and equipment for the construction of the WHITE CIRCLE STABILIZATION bid number RFB-24-50341 with attached General Conditions, both of which are made a part hereof.

ARTICLE 3: DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

3.1 The Contractor agrees to commence with the work within ten (10) days from the date of the Notice to Proceed.

3.2 And further agrees to complete all work not later than ninety (90) calendar days from the date of commencement of work.

3.3 The time schedule may be extended by reason of delay, changes, additions, deletions, or other reasons called for and allowed by the Owner.

3.4 If in the opinion of the Owner, the Contractor is not proceeding with reasonable diligence to the performance of any part of his work, thereby impending the progress of the work, the owner may direct the Contractor to perform such work during overtime hours, and the Contractor agrees to perform such overtime work, if so directed, without additional compensation. The Owner may terminate this Agreement with the Contractor after 48 hours written notice, and procure the materials, equipment, and labor necessary to proceed with or complete the work and charge the cost thereof to the Contractor.

INDEPENDENT CONTRACT AGREEMENT

ARTICLE 4: CONTRACT SUM

4.1 The total contract sum is $__________________________________________ The owner shall pay the Contractor for quantities of work as approved by the engineer and as per the Bid Schedule included in this agreement, in current funds for the Contractor's performance of the Contract, subject to additions or deletions as may be mutually agreed by Written Change Order.

4.2 The Contract amount may be adjusted as accepted by the Owner and by issuance of Change Order to the Contract Documents.

ARTICLE 5: PAYMENTS

5.1 The Owner shall pay the Contractor for performance of the work thirty (30) days after completion and acceptance of the work by the Owner.

ARTICLE 6: CHANGES

6.1 The Contractor shall not be entitled to receive any extra compensation of any kind whatsoever for extra work of any kind, regardless of whether the same was ordered by the Owner or any of its representatives unless such extra work is given in writing and signed by an authorized representative of the owner. The Contractor specifically agrees that he/she will make no claim that he/she was authorized to do extra work or make modification in his work by the Owner or any representative at the site or elsewhere and, if such work was so ordered and the Contractor has performed the same, but has received no written order thereof as herein provided, the Contractor shall and hereby does waive any claim for extra compensation thereof except as in this article.

ARTICLE 7: ASSIGNMENT

7.1 The Contractor shall not assign this contract or sublet any portion of the work unless prior written approval is obtained from the Owner.

ARTICLE 8: GUARANTEE

8.1 The Contractor agrees to guarantee his work for materials and workmanship against defects for a period of one (1) year after completion and acceptance of the work.

ARTICLE 9: MATERIALMAN LIENS

9.1 In the event the Contractor fails or neglects to pay for any obligation incurred under this Agreement and a demand or request is made on the Owner for payment, the Owner shall have the right to make such payments and deduct the sum from the amount that may be due the…