RFB_PS_25_01 Speed Tables _FINAL _ 09_13_24.pdf

September 13, 2024, Rev. Page 1

City of Union City 5047 Union Street

Union City, Georgia 30291

Fulton County

Request for Bid for Speed Tables

RFB-PS-25-01

September 13, 2024, Rev. Page 2

REQUEST FOR BID NUMBER RFB-PS-25-01

City of Union City RFB for Speed Tables

BIDS DUE: October 7, 2024 12:00 P.M. via Bidnet. Submissions via email will not be accepted.

Information concerning this solicitation may be found at:

https://www.bidnetdirect.com/georgia/unioncity

The website will provide the RFB, Q&A and any clarifications, schedule changes and other important information. Bidders should check these electronic pages daily!

Questions should be directed to City of Union City, via Bidnet to:

(See Schedule of Events, Appendix A) Instructions to Bidders:

All spaces below are to be filled in and the Bid Letter must be signed where indicated.

COMPANY NAME:

CONTACT PERSON:

ADDRESS:

CITY:

PHONE:

FAX:

EMAIL ADDRESS:

Submit Bid to: https://www.bidnetdirect.com/georgia/unioncity

September 13, 2024, Rev. Page 3

BID LETTER

We propose to furnish and deliver any and all of the deliverables and services named in the attached Request for

Bids (RFB) for which prices have been set. The price or prices offered herein shall apply for the period of time stated in the RFB.

It is understood and agreed that this bid constitutes an offer, which when accepted in writing by the City of Union

City, and subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and the City of Union City (the “City”).

It is understood and agreed that we have read the City's specifications shown or referenced in the RFB and that this bid is made in accordance with the provisions of such specifications. By our written signature on this bid, we guarantee and certify that all items included in this bid meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications.

The City reserves the right to reject any or all bids, waive technicalities, and informalities, and to make an award in the best interest of the City.

It is understood and agreed that this bid shall be valid and held open for 180 days.

BID SIGNATURE AND CERTIFICATION

(Bidder to sign and return with Bid)

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

I am authorized to sign this bid for the Bidder. I further certify that the provisions of the Official Code of

Georgia Annotated, Section 45-10-20 et seq. have not been violated and will not be violated in any respect.

Authorized Signature ___________________________________Date_______________________

Print/Type Name: _________________________________________________________________________

Print/Type Company Name Here: _____________________________________________________________

Lump Sum Price for site work and building complete: $______________________________._______

_________________________________________dollars and ________________________cents.

September 13, 2024, Rev. Page 4

TABLE OF CONTENTS

Topic Page

1.0 Introduction 6

1.1 Statement of Intent 6

1.2 City Goals and Objectives 6

1.3 Project Overview/Description 6

1.4 Basic Guideline for this Request for Bids 6

1.5 Project Oversight and Staffing 7

1.6 Project Scope 7

2.0 General Terms and Conditions 8

3.0 Descriptions of Requirements 9

3.1 General Requirements for Contractors 9

3.2 Reserved 9

3.3 Minimum Financial Security Requirements 9

3.4 Contractor Licensing Requirements 9

3.5 Personnel Requirements 9

3.6 Proposed Payment Terms 9

4.0 Terms of Contract 9

5.0 Fee Schedule 10

6.0 Submitting the Bid 10

7.0 Reserved 10

7.1 City’s Right to Request Additional Information – Bidders’ Responsibility 10

7.2 Addenda to the RFB 11

7.3 Questions 11

7.4 Bid Held Confidential 11

7.5 Review Committee 11

7.6 Contract Negotiations 11

7.7 Cost Bid Preparation and Negotiation 12

7.8 Availability of Information 12

8.0 Bids May be Rejected in Whole or Part 12

9.0 How to Submit Bid 13

10.0 Bid Content 13

10.1 Qualifications Section 13

10.1.1 General Management 13

10.1.2 Financial Stability and Strength 13

10.2 Overview of Services 14

10.3 Cost Bid 14

11.0 RFB and Bid to Become Part of Final Contract 14

12.0 Insurance and Other Legal Requirements 14

September 13, 2024, Rev. Page 5

12.1 Insurance 14

12.1.1 Workers’ Compensation Insurance 14

12.1.2 Commercial General Liability Insurance 14

12.1.3 Commercial Automobile Liability Insurance 15

12.1.4 Professional Liability Insurance of Errors & Omissions Insurance 15

12.2 Transfer of Interest 15

12.3 Risk 15

12.4 Performance, Payment and Bid Bonds 15

12.5 Independent Contractor 16

12.6 Hold Harmless 16

12.7 Accounting Standards 16

12.8 Retention of Records 16

12.9 Open Records Act 16

12. 10 Illegal Immigration Reform and Enforcement Act Compliance 16

Appendix A- Schedule of Events

Appendix B- Contract Agreement

Exhibit A – Contractor Affidavit

Exhibit B – Subcontractor Affidavit

Appendix C- Cost Proposal

Appendix D- Affidavit of Non-debarred Status

Appendix E- Contract for Performance Bond

Appendix F – Contract for Payment Bond

Appendix G – Bid Bond

Appendix H – Bid Documents

Attachment 1: Speed Table Evaluation Report

Attachment 2: Schedule of Values

September 13, 2024, Rev. Page 6

1.0 Introduction

The following sections describe the City of Union City’s intent, goals and objectives, background, basic guidelines, project oversight and staffing, general information, and decision process regarding this Request for Bid (“RFB”).

1.1 Statement of Intent

This RFB defines the service standards, specifications and bid requirements for Speed Tables (the

“Project”) for the City of Union City (the “City”).

It is the intent of the City to accept and evaluate bids from qualified firms to construct the Project in a prompt, professional and workmanlike manner and in accordance with the standards of the profession. All work, unless otherwise specified, shall be provided on a time and materials basis, and completed to the satisfaction of the Public Services Director and the City Manager or his/her designee within the time periods allocated, as mutually agreed to at the beginning of the assignment.

1.2 City Goals and Objectives

The overall goal and objective of this Request for Bid is to obtain bids from qualified firms that are able to construct the Project for the City. ALL bids are due not later than October 7, 2024, no later than 12:00 P.M.

1.3 Project Overview/ Description

The design for the Project shall follow the design plans attached.

The City is seeking qualified contractors to provide the requested work which consists of the installation of speed tables and sidewalks.

The City has issued this RFB for the sole purpose and intent of obtaining bids from interested and qualified contractors to provide construction services for the Project. It is the intent of the City to accept bids and pricing from qualified contractors for the Project. All work, unless otherwise specified, shall be provided on an as completed basis, and payment made when accepted to the satisfaction of the City departments, and the City Manager within the time periods allocated, as mutually agreed to at the beginning of the contract for the Project (the “Contract”).

1.4 Basic Guideline for this RFB

The City has determined that the use of competitive sealed bidding is practical and advantageous to the City in completing the Project. Competitive sealed bids shall be submitted in response to this solicitation.

The bids shall be evaluated in accordance with the evaluation criteria set forth in this RFB.

Subsequent to the opening of the sealed bids, discussions may be conducted by the City with responsible Bidders who submit bids (the “Bidders”) determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure a full understanding of and responsiveness to the solicitation requirements. The Bidders shall be afforded fair and equal treatment with respect to any opportunity for discussion and revision of bids; and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers.

September 13, 2024, Rev. Page 7

In conducting any such discussions, there shall be no disclosure of any information derived from bids submitted by competing Bidders. All such discussions shall be conducted by the City’s

Contracting Office named below:

Finance Department

5047 Union Street

Union City, Georgia 30291

Telephone: 770-515-7807

The City has established certain requirements with respect to submittal of the bid by Bidders.

Whenever the terms “shall,” “must,” “will”, or “is required” are used in this RFB the specifications being referred to are mandatory requirements of this RFB. Failure to meet any mandatory requirement will cause rejection of Bidder’s bid.

Whenever the terms “can,” “may,” or “should” are used in this RFB, the specification is a desirable outcome and failure to provide any items so termed may not be cause for rejection, however, may cause a reduction in score during the evaluation process.

The award shall be made to the responsible Bidder whose bid is determined in writing to be the most advantageous for the City, taking into account all of the evaluation factors set forth in this

RFB. No other factors or criteria shall be used in the evaluation. The City of Union City reserves the right to reject any and all bids submitted in response to this request.

1.5 Project Oversight and Staffing

The successful Bidder, when the Contract is finalized (the “Contractor”) will report to Lonnie

Ferguson - Public Services Director, 6524 Landrum Lane, Union City, GA 30291, phone ((770)

515-7877) and email (lferguson@unioncityga.org), at the proposed or specified intervals during business hours via in process reviews (IPRs), reports and/or other interactions as proposed or specified.

1.6 Project Scope

The work included in this Contract shall include all labor and materials necessary for the installation of speed tables in the following neighborhoods:

o Southwind o Littleton Woods o Barrington Run o Valley Lakes along with the installation of sidewalks in the Southwind subdivision and associated work, complete.

The Contractor will provide: A Guaranteed Maximum Price (GMP) for the total Project cost; and

Performance, Payment and Bid Bonds. The Contractor shall furnish a Performance Bond in an mailto:cclark@unioncityga.org

September 13, 2024, Rev. Page 8 amount at least equal to the Contract Price and a Payment Bond in an amount at least equal to 110 percent of the Contract Price, as security. The Contractor is required to submit a Bid Bond of 5% along with bid submittal.

The City will pay the Contractor on a monthly basis, based on timely invoicing. Detailed reports should accompany each monthly invoice.

2.0 General Terms and Conditions

2.1 All responses shall become the property of the City. The sealed RFB documents will remain exempt from public records consistent with the Open Records Act. O.C.G.A. § 50-18-72 et seq.

2.2 All Bidders must read the Affidavit of Non-Debarred Status (Appendix D) and acknowledge same prior to entering into the Contract with the City.

2.3 The City will not reimburse any Bidder for any costs associated with the preparation and submittal of any response to this RFB.

2.4 Each Bidder must disclose the name of any officer, director, or agent who is also an employee of the City. Further, all Bidders must disclose the name of any City employee who owns, directly or indirectly, any interest of five percent (5%) or more in the Bidder’s firm or any of the Bidder’s branches/subsidiaries.

2.5 Non-discrimination: No Bidder shall discriminate as to race, sex, color, creed, handicap or national origin in the operations conducted under this Contract.

2.6 Due care and diligence has been exercised in the preparation of this RFB. The responsibility for determining the full extent of the services required rests solely with the Bidders. Neither the City nor its representatives shall be responsible for exercising the professional judgment required in determining the final scope of services which may be required.

2.7 All responses set forth in the Submittal Requirement for Bidders must clearly indicate any deviations from these requirements. The terms and conditions contained herein are those desired by the City and preference will be given to those responses in full or substantially full compliance with the terms and conditions.

2.8 Each Bidder is responsible for full and complete compliance with all laws, rules and regulations including those of the Federal government, State of Georgia and applicable local ordinances.

Failure or inability on the part of any Bidder to have complete knowledge and intent to comply with such laws, rules and regulations shall not relieve the Bidder from its obligation to honor its response and to perform completely in accordance with its response.

2.9 The City, at its discretion, reserves the right to waive minor informalities or irregularities in any responses, request clarification of information from Bidders, to reject any and all responses in whole or in part, with or without cause, and to accept any responses which, in the City’s judgment, will be in the City’s best interest.

2.10 Any interpretation, clarification, correction or change to the RFB will be made by written addendum posted to the City’s website. Any oral or other type of communication concerning the

RFB shall not be binding. All questions must be in writing and directed to the Contracting

Officer.

September 13, 2024, Rev. Page 9

2.11 Responses must be signed by an individual of the Bidder’s organization legally authorized to commit the Bidder’s organization to the performance of the services contemplated by this RFB.

2.12 Any responses submitted before the deadline may be withdrawn by written request received by the City before the time indicated for receipt. Withdrawal of any responses will not prejudice the right of the Bidder to submit a new or amended response as long as the City receives the new or amended response by the deadline as provided herein.

2.13 For good and sufficient reason, up to forty-eight (48) hours before the advertised deadline, the

City may extend the response deadline. Should an extension occur, notice will be posted on the

City’s website.

3.0 Descriptions of Requirements

3.1 General Requirements for Contractors

The following general requirements are pertinent and apply to all work under the Contract and are pertinent to the project. Compliance is required by all contractors prior to commencement of work.

3.2 Reserved

3.3 Minimum Financial Security Requirements

The Contractor is required to provide a performance bond which must be underwritten by a

U.S. Treasury Circular 570 Listed company. If the issuing company does not meet these minimum requirements, or for any other reason is or becomes unsatisfactory to City, the City will notify the Contractor in writing. All insurance and bonds will be required during the duration of the Contract and any renewal and or extension agreed upon between the City and the Contractor.

3.4 Contractor Licensing Requirements

The Contractor shall maintain a minimum Professional Liability Coverage. In addition, the

Contractor shall obtain all licenses and permits and promptly pay all taxes and fees required by the City, State and Federal Governments.

3.5 Personnel Requirements

The Contractor shall designate a Project Manager, acceptable to the City, who will be responsible for initiating and implementing the work and maintaining effective communications among the

Contractor, the City, and other involved agencies and organizations. The Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications for the services described in this RFB. A project superintendent shall be on site at all times when work is in progress.

3.6 Proposed Payment Terms

All Bidders shall submit a complete Cost Schedule. If the Bidder is awarded the Contract, Fees will be the basis for final terms of City-approved Contract.

4.0 Terms of Contract

Any revisions to the Contract documents shall be submitted with the Bid. There will be no changes to the Contract once the bid period ends.

September 13, 2024, Rev. Page 10

The term of the Contract for the Project will be a period of one hundred twenty (120) calendar days. The Contract shall specify conditions under which the Contract may be terminated by either party prior to the end of the term specified in this Section of the RFB. Such early termination shall proceed by appropriate notice and communications such that the Contractor has the ability to take corrective actions to remedy the breach before any such early termination is made final.

The Contractor shall substantially complete all work of the Contract within one hundred twenty (120) calendar days of the City’s Notice to Proceed. Should the Contractor fail to substantially complete the work under this Contract per the specified schedule, he shall pay the City liquidated damages of $500.00 per calendar day for each consecutive calendar day until the Project is complete; which sum is agreed upon as a reasonable and proper measure of damages which the City will sustain per diem by failure of the Contractor to complete work within time as stipulated; it being recognized by the City and the Contractor that the injury to the City which could result from a failure of the Contractor to complete on schedule is uncertain and cannot be computed exactly. In no way shall costs for liquidated damages be construed as a penalty on the Contractor. The Contractor shall not be entitled to any additional compensation should the Contractor finish early.

5.0 Fee Schedule

The Bidders are required to prepare bids on the form(s) enclosed herewith unless otherwise prescribed, and all documents must be submitted. If the required bid documents are not returned in their entirety the bid will not be considered.

The Bidders acknowledge that estimated quantities are not guaranteed and are solely for the purpose of comparison of bids, and final payment for all unit price bid items will be based on actual quantities, determined as provided in the Contract Documents.

6.0 Submitting the Bid

To the best of its ability, the City will use the following process and schedule for its decision-making:

Competitive Bid Development (“Continued Planning “) Period:

September 18, 2024 Release of RFB

September 25, 2024 Pre-bid meeting at 11:00 a.m.

September 27, 2024 Questions from Potential Bidders Due @ 12:00 p.m.

September 30, 2024 City Response Deadline @ 5:00 p.m.

October 7, 2024 Bids Due @ 12:00 p.m.

7.0 Reserved

7.1 City’s Right to Request Additional Information – Bidders’ Responsibility

Prior to Contract award, the City must be assured that the selected Bidder has all the resources to successfully perform under the Contract. This includes, but is not limited to, an adequate number of personnel with the required skill, availability of appropriate equipment in sufficient quantity to meet the on-going needs of the City, financial resources sufficient to complete performance under the Contract and experience in similar projects. If during the evaluation process, the City is

September 13, 2024, Rev. Page 11 unable to assure itself of the Bidder’s ability to perform, if awarded, the City reserves the right to request from the Bidder any information deemed necessary to determine the Bidder’s responsibility. If such information is required, the Bidder will be so notified and will be permitted approximately five (5) business days to submit the information requested.

7.2 Addenda to the RFB

The City reserves the right to amend or clarify this RFB by addenda. Addenda will be posted to the Bidnet website. It is solely the Bidder’s responsibility for checking the Bidnet website on a regular basis for Addenda and/or any updates. The website may contain important information that may directly impact your bid. Failure to account for Addenda and updates may result in the rejection of your bid as non-responsive.

Addenda may be issued at any time prior to the date for receipt of bids. If such revisions or clarifications are of such a magnitude as to warrant, in the opinion of City, the postponement of the date for the receipt of bids, written notification will be posted to the City’s website announcing the revised date.

Addenda will be posted to the City’s website. All addenda issued to this RFB shall become part of the RFB document. Bidders shall acknowledge receipt of any such addenda in their bid.

7.3 Questions

Questions, requests for clarifications, or requests for information about this RFB or process must be submitted via Bidnet by 12:00 p.m. on Friday, September 27, 2024. All questions and requests for more information and the City’s responses will be summarized in writing and posted to Bidnet by Monday, September 30, 2024.

7.4 Bid Held Confidential

Only the company names of vendors submitting bids will be made public. All bid documents shall be held as confidential until the City Council awards a Contract and authorizes staff to execute the Contract. Notwithstanding anything to the contrary contained herein, all requests for information will be governed by the Open Records Act.

7.5 Review Committee

The City will use its staff members as the review committee, to review and analyze the details of the qualified submitted bids.

7.6 Contract Negotiations

The City’s staff may negotiate with the top ranked Bidder as authorized by the City Council, for the purpose of finalizing a Contract. If negotiations with the top-ranked Bidder are not successful, the City’s staff may then initiate negotiations with second ranked Bidder, and so on.

The City reserves the right to negotiate specific work elements with a respondent into the

Contract.

September 13, 2024, Rev. Page 12

7.7 Cost Bid Preparation and Negotiation

The Bidders shall participate in this RFB procurement process and shall prepare the required materials, submittals and any subsequent materials and submittals at their own expense, with the express understanding that there may be no claims whatsoever for reimbursement from City for the customary expenses, or damages that may be associated with this process.

The City accepts no liability for costs and expense incurred by the Bidder in connection with this

RFB, subsequent interviews, negotiations, and Contract execution. The City reserves the right to terminate the proceedings at any time.

7.8 Availability of Information

Throughout this RFB, the City and its advisors have exerted their best efforts to present information and data that are current and applicable to this Project. The City is providing the information contained herein as a courtesy to the Bidders. It is each Bidder’s responsibility to use this information and verify same during the bid, negotiation, and project-information periods.

Best efforts have been made to provide accurate information; however, the City and its advisors make no guarantees or warranties that the information contained in this RFB or referenced documents are accurate and complete. All summaries of laws and documents do not purport to be complete, and Bidders are referenced to each such law and document for a full and complete statement of relevant provisions. In the event any of the summaries in the text are inaccurate, the provisions of the actual laws or documents shall be controlling.

The City and its advisors are not and shall not be liable for omissions or errors contained in the

RFB, and submittal of a bid by a Bidder shall serve as the Bidder’s verification and acknowledgement of the City’s lack of liability.

8.0 Bids May be Rejected in Whole or Part

The City reserves the right to:

• Reject any or all bids;

• Reject parts of bids;

• Negotiate modifications of bids submitted for purposes of finalizing and executing a

Contract; and

• Accept part or all of the bids on the basis of consideration(s) other than cost or proposed rates.

Disqualification of bids: The following types of bids shall be disqualified for consideration for award:

• A proposal arrives after the set time for submittal;

• A proposal submitted without the required bonds or insurance; or

• A proposal submitted by a company on the Ineligible Source List

September 13, 2024, Rev. Page 13

9.0 How to Submit Bid

Bids must be submitted via Bidnet no later than 12:00 p.m. on Monday, October 7, 2024, at the following link:

10.0 Bid Content

10.1 Qualifications Section

All Bidders must submit a Qualifications Section within their bids. The Qualifications Section must include information in the following three (3) areas:

• General management ability;

• Financial stability and strength; and

• Applicable construction experience.

Unless directly related to the response and referenced in the text, sales brochures are not required.

All submissions will become property of the City and will not be returned. The City, at its sole discretion, may reject any and all responses and/or issue subsequent requests for qualifications and bids.

The Qualifications Section of each bid must include the following subsections:

10.1.1 General Management

The Bidders will be evaluated on the basis of their demonstrated overall management and experience, as reflected in the successful implementation of previous and/or current projects.

Each Bidder shall demonstrate the ability to perform all required tasks successfully and must demonstrate the requisite management skills and experience in integrating the performance of such tasks. Information submitted by each Bidder shall define both technical and managerial capabilities in terms of past performance. Other management evaluation criteria will include, but will not be limited to the following factors:

• Demonstrated successful working relationships with municipalities; and

• Number of similar projects provided in the metropolitan area.

10.1.2 Financial Stability and Strength

The Bidder must demonstrate sufficient financial resources to carry out its responsibilities as outlined in this RFB and to back-up its contractual obligations. The Bidders will be evaluated on the basis of their credit references and demonstrated ability to provide municipal engineering services.

A specific letter from a surety company or guarantor indicating the intent to provide the proposed performance bonds must be provided in the bid.

September 13, 2024, Rev. Page 14

Each Bidder must submit at least three (3) credit references. The Bidders must submit evidence of the ability to finance services. Where the Bidder is a corporation, it must submit evidence that the Bidder is in good standing under the laws of the state of incorporation.

The Bidder must submit the litigation history (with explanation) for the last five (5) years regarding any company, partner, subcontractor, or subsidiary involved in this venture, and/or any corporate officer.

10.2 Overview of Services

The Bidder must describe services proposed in this RFB. This overview must provide sufficient information to demonstrate the Bidder’s clear understanding of the services requested by the City throughout this RFB.

10.3 Cost Bid

The proposed prices must be submitted via Bidnet using the Bid Letter found at the front of this document.

11.0 RFB and Bid to Become Part of Final Contract

The contents of this RFB, any addenda to this RFB, the successful bid, and any written clarifications to the contents thereof submitted by the successful Bidder shall become part of the contractual obligation and incorporated by reference into the ensuing Contract. If any provision of the Contract is in conflict with the referenced RFB, or bid, the Contract shall take precedence.

12.0 Insurance and Other Legal Requirements

12.1 Insurance

Insurance secured by the Contractor shall be issued by insurance companies acceptable to the

City and admitted in Georgia. The insurance specified may be in a policy or policies of insurance, primary or excess. Such insurance shall be in force on the date of execution of the

Contract and shall remain continuously in force for the duration of the Contract. The Contractor and its sub-contractors shall secure and maintain the following insurance as itemized below:

12.1.1 Workers’ Compensation Insurance

Workers’ Compensation insurance shall meet the statutory obligations with Coverage B -

Employer’s Liability limits of at least $100,000 each accident, $500,000 disease-policy limit and

$100,000 disease each employee.

12.1.2 Commercial General Liability Insurance

Commercial General Liability insurance shall be at the limits of at least $1,000,000 general aggregate, $1,000,000 personal and advertising injury, $1,000,000 each occurrence, $50,000 fire damage and $1,000 medical expense any one person. The policy shall be on an “occurrence basis,” shall include contractual liability coverage and the City shall be named an additional insured. The insurance shall include up to $10,000 expenses to extract pollutants from land or water at the “premises” if the discharge, dispersal, seepage, migration, release, escape or emission of the pollutants is caused by or results from a covered cause of loss.

September 13, 2024, Rev. Page 15

12.1.3 Commercial Automobile Liability Insurance

Commercial Automobile Liability insurance covering all owned, non-owned and hired automobiles with limits of at least $1,000,000 per accident. This insurance shall include a cause of loss where there is a spill of fuels and lubricants used in the vehicle for its operation.

12.1.4 Professional Liability Insurance or Errors & Omissions Insurance

Professional Liability Insurance or Errors & Omissions insurance providing coverage for 1) the claims that arise from the errors or omissions of the Contractor or its sub-contractors and 2) the negligence or failure to render a professional service by the Contractor or its sub-contractors. The insurance policy should provide coverage in the amount of $1,000,000 each occurrence and

$1,000,000 annual aggregate. The insurance policy must provide the protection stated for two years after completion of the work.

Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the

Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor. The

Contractor shall control any special or unusual hazards and be responsible for any damages that result from those hazards. The City does not represent that the insurance requirements are sufficient to protect the Contractor’s interest or provide adequate coverage. Evidence of coverage is to be provided on a City-approved Insurance Certificate. A thirty (30) day written notice is required if the policy is canceled, not renewed, or materially changed. The Contractor shall require any of its sub-contractors, if sub-contracting is allowable under this Contract, to comply with these provisions.

12.2 Transfer of Interest

The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in the Contract, either by assignment or notation, without the prior written approval of the City. The

Contractor shall not sub-contract any services under this Contract without prior written approval of the City. Failure to obtain such written approval by the City prior to any such assignment or sub-contract shall be grounds for immediate Contract termination.

12.3 Risk

The total project cost (contract amount) is an amount not to be exceeded for the entire term of the

Contract.

12.4 Performance, Payment and Bid Bonds

Performance bonds shall be provided with limits of not less than 100% of the total project cost of the project. Payment bonds shall be provided with limits of not less than 110% of the total Project cost of the Project. Performance and Payment Bonds shall be recorded in the official record of the City in which the Project is located. Acceptable Surety companies shall be licensed to do business in Georgia. The City will require a 5% Bid Bond to be submitted with the Bid.

September 13, 2024, Rev. Page 16

12.5 Independent Contractor

Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an independent contractor with respect to the services to be performed under this Contract. Any and all employees of the Contractor or other persons engaged in the performance of any work or services required by the Contractor under this Contract shall be considered employees of sub-contractors of the Contractor only and not of the City; and any and all claims that might arise, including Workers’ Compensation claims under the Workers’

Compensation Act of the State of Georgia, or any other state, on behalf of said employees or other persons while so engaged in any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Contractor.

12.6 Hold Harmless

The Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney’s fees, resulting directly or indirectly from an act or omission of the Contractor, its employees, its agents, or employees of subcontractors, in the performance of the services by this

Contract or by reason of failure of the Contractor to fully perform, in any respect, any of its obligations under this Contract.

12.7 Accounting Standards

The Contractor agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for expenses incurred under this Contract.

12.8 Retention of Records

The Contractor shall retain all records pertinent to expenditures incurred under this Contract for a period of three (3) years after the resolution of all audit findings. Records for non-expendable property acquired with funds under this Contract shall be retained for three (3) years after final disposition of such property.

12.9 Open Records Act

To the extent permitted by law, all bids shall be treated as confidential, non-public information until the City and a Bidder fully execute a final contract or the City elects to not contract for the

Project. At that time, the bids and their contents may become public records under the provisions of the Open Records Act.

12. 10 Illegal Immigration Reform and Enforcement Act Compliance

Pursuant to O.C.G.A. § 13-10-90 et seq., all Bidders shall familiarize themselves with the requirements of the Illegal Immigration Reform and Enforcement Act, as enacted by the General

Assembly of the State of Georgia. In addition, at the time of execution of the Contract, the

Contractor shall submit a signed and notarized Contractor Affidavit in the form attached hereto, with said affidavit to contain the Federal Work Authorization User Identification Number of the

Contractor. To the extent subcontractors are permitted under any such Contract, the Contractor

September 13, 2024, Rev. Page 17 shall also ensure that said subcontractors submit a signed and notarized Subcontractor Affidavit in the form attached to said Contractor Affidavit.

September 9, 2024, Rev. Page 1

APPENDIX A

Schedule of Events

Schedule of Events

Release of RFB and posted to Internet

Bidders’ Conference

09/18/2024

9/25/2024 @ 11:00 a.m.

Location:

TEAMS

Meeting ID: 298 821 039 122 Passcode: nQaBrd

Conference Addendum (Transcript/Q&A et al.)

*Posted to Bidnet

Deadline for Written Questions

*Submit via Bidnet only:

Questions and Answers or Addendum issued posted by

Bids due to City of Union City

Bidder Awarded on or about

9/27/2024 by 12:00 p.m.

9/30/2024

10/7/2024 by 12:00 p.m.

11/19/2024

September 9, 2024, Rev. Page 2

APPENDIX B

Contract

Agreement

This Contract Agreement made and entered into this ___day of _ __, 2024 (the

“Agreement”), by and between the City of Union City, Georgia (the “City”), having its principal place of business at 5047 Union Street, Union City, Georgia, and _____________ (the

“Contractor”).

WHEREAS, the City has caused the Request for Bid (the “RFB”) to be issued soliciting bids from qualified firms to furnish all items, labor services, materials and appurtenances called by them in accordance with the RFB; and

WHEREAS, the Contractor submitted a bid in response to the RFB (the “Bid”); and

WHEREAS, the Contractor’s Bid was deemed by the City to be the most advantageous to the City;

NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the receipt and sufficiency of which being hereby acknowledged by the parties, the parties agree as follows:

1.0 SCOPE OF WORK

In accordance with RFB-PS-25-01 Union City, Speed Tables (the “Project”), the Contractor shall furnish all materials, equipment and labor to provide the services described in the RFB to the specifications as directed in the RFB and pursuant to the terms of this Agreement, including all incidentals, as directed by the City’s Public Services Director and the City

Manager or his/her representative.

The services shall be performed in a prompt and professional manner in accordance with the standards of the profession.

1. The work included in this Agreement shall include all labor and materials necessary for the installation of speed tables in the following neighborhoods:

o Southwind

September 9, 2024, Rev. Page 3 o Littleton Woods o Barrington Run o Valley Lakes along with the installation of sidewalks in the Southwind subdivision and associated work, complete.

2.0 PAYMENT

The City shall pay and the Contractor shall receive the prices stipulated in the Bid hereto attached as full compensation for everything furnished and done by the Contractor under this

Agreement, which shall in no event exceed ($XXXXX) based on the Bid which sum shall be paid in the manner and terms specified in the Agreement. Before issuance of certificate of payment, if the Contractor has not submitted evidence satisfactory to the City that all payrolls, materials bills, and other indebtedness connected with the Project have been paid, the City may withhold, in addition to the retained percentages, such amount or amounts as may be necessary to pay just claims for labor and services rendered and materials in and about the work on the Project (the “Work”), and such amount or amounts withheld or retained may be applied by the City to the payment of such just claims.

Retainage. The City shall withhold from each progress payment an amount equal to five percent (5%) of such payment, which shall be held by the City as retainage (the “Retainage”).

The Contractor shall not be entitled to any interest payment by the City on the Retainage. The

Retainage shall be paid to the Contractor upon satisfactory completion of the Project including all punch list items.

Payment will be made by the City within thirty (30) days of receipt of an accurate invoice by the Finance Department. To ensure prompt and accurate payment all invoices must accompany a purchase order number provided by the City.

2.1 Term

This Agreement shall be effective upon its execution (the “Effective Date”) and shall terminate at the time of completion of the Project as described in the Bid, but, in any event no later than one hundred twenty (120) calendar days from the “Effective Date.” There are one hundred twenty (120) calendar days scheduled for Project duration.

The Contractor shall substantially complete all Work within one hundred twenty (120) calendar days of the City’s Notice to Proceed. Should the Contractor fail to substantially complete the Work per the specified schedule, the Contractor shall pay the City liquidated damages of $500.00 per calendar day for each consecutive calendar day until the Project is complete; which sum is agreed upon as a reasonable and proper measure of damages which the City will sustain per diem by failure of the Contractor to complete the Work within the time as stipulated; it being recognized by the City and the Contractor that the injury to the City which could result from a failure of the Contractor to complete on schedule is uncertain and cannot be computed exactly. In no way shall costs for liquidated damages be construed as a penalty on the

Contractor. The Contractor shall not be entitled to any additional compensation should the Contractor finish early.

September 9, 2024, Rev. Page 4

2.2 Change Orders

Written approval shall be obtained by the Contractor for all change orders or contingency items prior to the start of any Work.

2.3 Final Acceptance

Upon completion of all Work items in the Project, the Contractor shall cause a formal inspection of the

Project to be made and provide a written report to the City notifying the City that the Project is ready for inspection. Notification to the City shall include a copy of the Contractor’s report. The City’s engineer shall then review the Project. Should the entire Work appear to be complete and in conformance with the standards, the City’s engineer will issue a certificate that the Work has been completed and is ready for acceptance by the City. The City’s engineer’s certificate of completion will be presented for consideration of the City Council at the first regular council meeting after actual certification of Project completion. If the Work does not entirely meet requirements of the standards at the time of inspection, the City’s engineer will advise the City of items which require completion or correction. After completing or correcting deficiencies noted by the City’s engineer together with any additional deficiencies which appear, the City shall repeat the inspection and completion process until the entire Project at the time of inspection shall appear to be in conformance with the standards. In the event that any Work is damaged or discovered to be deficient after an initial inspection but prior to final acceptance, such Work shall have been completed or corrected at the time of final acceptance, but this requirement shall not extend to repair of Work damaged by the City.

3.0 INDEPENDENT CONTRACTOR

3.1 The Contractor shall be an independent contractor. The Contractor is not an employee, agent or representative of the City. The Contractor shall obtain and maintain, at the

Contractor’s expense, all permits, licenses or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses or approvals to the City Representative at the time of executing the Agreement.

3.2 Neither the City nor the Contractor has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City.

4.0 INDEMNIFICATION

The Contractor agrees to indemnify, hold harmless and defend the City and its officers and employees from and against any and all liabilities, suits, actions, legal proceedings, claims, demands, damages, costs and expenses (including attorney’s fees) arising out of any act or omission of the Contractor, its agents, subcontractors or employees in the performance of this

Agreement.

September 9, 2024, Rev. Page 5

5.0 INSURANCE

The Contractor shall, at its own cost and expense, obtain and maintain workers’ compensation and commercial general liability insurance coverage covering the period of this Agreement, such insurance to be obtained from a responsible insurance company acceptable to the City and legally licensed and authorized to transact business in the State of Georgia. Any such insurance shall be in force on the date of execution of the Agreement and shall remain continuously in force for the duration of the Agreement.

The Contractor and its sub-contractors shall secure and maintain the following insurance as itemized below:

5.1.1 Workers’ Compensation Insurance

Workers’ Compensation insurance shall meet the statutory obligations with Coverage B –

Employer’s Liability limits of at least $100,000 each accident, $500,000 disease-policy limit and $100,000 disease each employee.

5.1.2 Commercial General Liability Insurance

Commercial General Liability insurance shall be at the limits of at least $1,000,000 general aggregate, $1,000,000 personal and advertising injury, $1,000,000 each occurrence, $50,000 fire damage and $1,000 medical expense any one person. The policy shall be on an

“occurrence” basis, shall include contractual liability coverage and the City shall be named an additional insured. The insurance shall include up to $10,000 expenses to extract pollutants from land or water at the “premises” if the discharge, dispersal, seepage, migration, release, escape or emission of the pollutants is caused by or results from a covered cause of loss.

5.1.3 Commercial Automobile Liability Insurance

Commercial Automobile Liability insurance covering all owned, non-owned and hired automobiles with limits of at least $1,000,000 per accident. This insurance shall include a cause of loss where there is a spill of fuels and lubricants used in the vehicle for its operation.

5.1.4 Professional Liability Insurance (Errors & Omissions) Insurance

The Contractor shall maintain Professional Liability (Errors & Omissions) Insurance with coverage and limits no less than $1,000,000 each occurrence and $1,000,000 annual aggregate, in the event a contractor is performing design, engineering or other professional services.

5.1.5 Builders “All Risk” Insurance

In the event the Contractor is performing construction services under the Agreement, then the

Contractor shall procure and maintain “All Risk” Builder’s Insurance, written on a commercially recognized policy form, providing coverage for the work performed under the

Agreement, and the materials, equipment or other items incorporated therein, while the same are located at the construction site, stored off-site, or at the place of manufacture. The policy limits shall be in a minimum amount equal to the “full insurable value” of such equipment and

September 9, 2024, Rev. Page 6

100% of the value of the contract, including any additional costs which are normally insured under such policy. The insurance coverage shall include boiler and machinery insurance on a comprehensive basis and include coverage against damage or loss caused by earth movement

(including but not limited to earthquake, landslide, subsidence and volcanic eruption), fire, flood, hurricanes, explosion, hail, lighting, weather, vandalism, malicious mischief, wind, collapse, riot, aircraft, smoke, or other cataclysmic events, and coverage against damage or loss caused by machinery accidents and operational and performance testing, commissioning and start-up, with extended coverage for transit, with sub-limits sufficient to insure the full replacement value of the property or equipment removed from its site and while located away from its site until the date of final acceptance of the Work.

5.1.6 Commercial Umbrella or Excess Liability Coverage

The Contractor shall maintain Commercial Umbrella or Excess Liability Coverage with coverage and limits no less than $2,000,000 in liability excess coverage per occurrence above the Agreement’s stated minimum coverage limits for Commercial General Liability, Commercial Automobile Liability and Workers’ Compensation policies of insurance. This may be satisfied by having the underlying liability limits that equal or exceed the combined amount of the underlying limits and umbrella coverage.

The making of progress payments to the Contractor shall not be construed as relieving the

Contractor or its subcontractors or insurance carriers providing the coverage described herein for responsibility for loss or direct physical loss, damage or destruction occurring prior to final acceptance of the Work.

The Contractor shall require any of its sub-contractors, if sub-contracting is allowable under this Agreement, to comply with these provisions.

5.2 Construction Warranties

The Contractor shall guarantee that the Work shall be free from any defects in workmanship and materials for a period of not less than one (1) year from the date of completion thereof. The Contractor shall be responsible for the replacement or repair, without additional charge, of all Work done or furnished in accordance with this Agreement which shall become defective within one (1) year after completion of the Work. The correction of such Work shall include, without additional charge, all additional expenses and damages in connection with such removal or replacement of all or any part of the Work, and/or the building and/or common areas of work which may be damaged or disturbed thereby. All such warranties or guarantees as to materials or workmanship of or with respect to the

Work shall be contained in the contract with the Contractor which shall be so written that such guarantees or warranties shall inure to the benefit of both the City and Contractor, as their respective interests may appear, and can be directly enforced by either.

5.3 Performance, Payment, and Bid Bond

The Contractor shall furnish a surety bond for performance of this Agreement. Said surety bond shall be in the amount of 100% of the Agreement price.

September 9, 2024, Rev. Page 7

The Contractor shall furnish a surety bond for payment of this Agreement.