RFP

City of Duluth Request for Proposal CP22-01

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Section 0

REQUEST FOR PROPOSAL

Sealed proposal packages will be received by the City of Duluth (Owner) until 4:00 p.m. legally prevailing time on December 14, 2021 for:

Rogers Bridge Park Trailhead Project – Phase I

Proposal packages will be formally opened and the total bid from the bid form will be read aloud at 4:01p.m. legally prevailing time on December 14, 2021, in the second-floor executive conference room of Duluth City Hall, located at 3167 Main Street, Duluth, GA 30096. CDC Guidelines in affect at the time of the opening will be followed.

THIS WILL BE A PACKAGE OPENING AND BID READING ONLY. No determination as to the most qualified or highest-ranking proposal will be made until a thorough evaluation has been completed by the City of Duluth’s evaluation team, and the evaluation team’s recommendation is approved by City Council.

For purposes of this Request for Proposal (RFP), the terms “Proposer”, “Bidder”, and “Contractor” will be used interchangeably, and are intended to refer to the entity submitting the proposal package.

Contractor shall provide one (1) original and three (3) copies of the complete submittal package, along with one (1) complete digital version on a flash drive. All five (5) items must be submitted in a sealed package, addressed to City of Duluth (OWNER). Each sealed package containing the five (5) items must be plainly marked on the outside as follows:

TO: City of Duluth 3167 Main Street Duluth, GA 30096 Attention: Teresa Lynn, City Clerk

RE: Rogers Bridge Park Trailhead Project – Phase I (CP22-01)

Submittal packages shall include the following completed items:

o Bid Form o Written Project Approach o Corporate Certificate o Surety Requirements Acknowledgement o Bid Bond o Oath of Bidder o Statement of Bidder Qualifications o Contractor E-Verify Affidavit o Resumes and References as described below o Acknowledgment of any Addenda

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Failure to include any of the above items fully complete and executed may result in your package being declared as “non-responsive” and disqualify you from further consideration.

If submittal is forwarded by mail or delivery service, the sealed package containing the one (1) original, three (3) copies, and one (1) digital version listed above must be enclosed in another internal package to the attention of OWNER at the address previously given. If, for example, your FedEx box is opened and the submittal is not in a sealed package within the FedEx box, it may be declared non-responsive and disqualified from consideration. Submittal packages must be sealed to maintain their integrity prior to the formal opening.

Submittal packages received without the aforementioned criteria enclosed may be returned to Contractor. Submittal packages received after said time and date will be marked late and not opened. No extension of the proposal period will be made.

The Instructions to Proposers, Bid Information, Evaluation Criteria, Forms, Project Manual, Specifications, Drawings, Bid Bond, Performance and Labor & Material Payment Bond requirements and other Documents related to the bidding and construction of the Work of this Project may be obtained via the following:

Project plans and specifications for the “Rogers Bridge Park Trailhead – Phase I” will be available electronically at no charge via the City’s website and via the Georgia State Procurement Registry.

PACKAGES MUST BE SUBMITTED IN RESPONSE TO THE PROJECT IN ITS ENTIRETY.

NO PARTIAL SUBMITTALS WILL BE ACCEPTED.

The City of Duluth and the Georgia Procurement Registry are the only official sources for this invitation or any addenda that may be issued for same. The City of Duluth will not be held responsible for errors or omissions in submittal packages.

The written bid within the Contractor’s submittal package will include the furnishing of all labor, materials, equipment, and all items necessary pursuant to Drawings, Specifications and Conditions, etc., for construction of Rogers Bridge Park Trailhead Project – Phase I (hereinafter referred to as the Project).

Proposed Project Location: 4291 Rogers Bridge Road Duluth, Georgia 30096

Scope of Work: Demolition of existing building/structure, utilities, and site features.

Construction of a new building, sidewalks, cul-de-sac, utility connections, stormwater management features, and other items as shown it the plans and specifications. The Project requires coordination with the adjacent construction of Rogers Bridge and must open concurrently with the substantial completion of the new bridge (or within 30 days of said substantial completion).

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Contractor Experience Requirements:

1. The Contractor maintains a permanent place of business.

2. The Contractor has operated under the current corporate name for at least the last five (5) years.

3. The Contractor currently has sufficient bonding capacity to provide performance and payment bonds, both in the amount of 100 percent of the contract amount.

4. The Contractor has not defaulted on a project or failed to complete a project within the last ten years.

5. The Contractor has not filed for bankruptcy nor been judged bankrupt at any time over the last ten years.

6. The Contractor has a history of completing projects consistently on time and within the bid amount.

7. The Contractor does not have a history of being involved in litigation or filing claims against Owners, Construction Contract Administration Firms, or Design Firms.

8. The Contractor has available at least two project management personnel with at least five years’ experience on projects with the technical characteristics required of a project of similar scope. One of these project management personnel must be the Project Superintendent and must be on the jobsite at all times during construction. Documentation of this experience must be provided with the proposal package, including resumes of the two project management personnel and a list of at least 3 similar projects completed by the contractor with project name, description, and reference contact information.

9. The onsite project management personnel shall be fluent in the English language.

10. The Contractor, nor any of its affiliated companies, is not currently involved in a dispute, formal claim, or litigation with the OWNER, or with any authority or organization with which the City of Duluth (OWNER) has a vested interest.

11. The Contractor has a written Quality Control/Quality Assurance Program.

12. The Contractor has a written Safety Program.

Project Schedule:

PROJECT MUST OPEN CONCURRENTLY WITH THE NEW ROGERS BRIDGE

SUBSTANTIAL COMPLETION DATE.

Contractor understands that time is of the essence for completion of the project and because damages will be difficult to ascertain, the parties shall include a provision in the Contract agreeing that liquidated damages in the amount of five hundred ($500.00) per calendar day shall be paid by Contractor for each day that Contractor is in default of completing the work within the agreed-upon time frame. Completion of the work includes successfully passing any required punch-list inspection by the designer or owner.

The successful contractor shall commence work with an adequate force and equipment on a date to be specified in a written order of the Owner (Anticipated Notice to Proceed – on or around February 21, 2022) and shall complete the work within the time period allotted. Payment will be

4 | P a g e made to the contractor each calendar month based on the estimated work complete and in place as prescribed by the standard specifications. Retainage as prescribed by the standard specifications will be withheld. Final payment of amount withheld will not be made until the work has been satisfactorily completed and accepted by Owner.

Proposal Information:

A pre-proposal meeting will be held at Rogers Bridge Park on November 18, 2021, at 10:00 a.m.

This meeting is not mandatory, but interested contractors are strongly encouraged to attend. As this is currently an active construction site for the Rogers Bridge Project, all those attending the pre-proposal meeting must wear appropriate personal protective equipment (PPE) or they will not be permitted on site. This includes hard hat, reflective safety vest, and closed toed/rubber soled flat footwear. A City representative will be present on site throughout the duration of the meeting.

This will be the proposer’s only opportunity to visit the project site prior to submitting a proposal.

Bidders that would like to inspect the site to ascertain the nature and location of work should make every attempt to attend the pre-proposal meeting. The City will assume no responsibility for representations or understandings concerning conditions made by its officers or employees unless included in this request for proposal.

Questions asked prior to or during the preproposal meeting will be responded to in writing in a formal addendum. All addenda will be issued on the Georgia Procurement Registry and on City’s website at www.duluthga.net.

A Bid Bond in the amount of not less than 5% of the total amount of the base bid must be submitted with each bid made payable to the City of Duluth. Failure to supply bond will force your bid to be declared non-responsive.

The successful proposer shall provide a 100% payment and a 100% performance bond at the signing of the contract. Failure to supply bonds will result in default of contract.

Failure to sign your bid in the proper space provided on Part II (Bid Form) will force your bid to be declared as “non-responsive” and it will not be considered for award.

No bid may be withdrawn for a period of ninety (90) days after time has been called on the date of opening.

The City of Duluth reserves the right, with or without notice or cause, to accept any proposal package regardless of the amount thereof; to reject any proposal package, any number of proposal packages or all proposal packages; to negotiate with any contractor for a reduction or alteration in its bid; to waive or insist upon formal requirements; to reject all proposal packages and to call for additional proposal packages upon the same or different Request for Proposal and/or Plans and Specifications; to be sole judge, in its discretion, of all questions as to whether or not a proposal package complies with the Request for Proposal, the Plans or the Specifications, and as to the qualifications of a Contractor to perform the work.

Questions must be submitted in writing to Kevin Hendrix at Pond & Company via HendrixK@pondco.com. The deadline for questions shall be November 29, 2021, at 5:00 PM.

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No questions received after this deadline will be addressed. All questions will be answered via addendum posted on the City’s website and on the Georgia Procurement Registry. No phone calls will be accepted.

The successful bidder will be issued one (1) complete set of documents for construction execution.

Any additional sets required will be at the bidder’s expense. A land disturbance and building permit will be required for the work (permits are approved and are ready for pickup by the successful contractor). The contractor will be responsible for coordinating all required inspections, close out items, etc. associated with the permits. Permit Fees will be waived or paid directly by the city.

END OF SECTION

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INSTRUCTIONS TO BIDDERS/PROPOSERS/CONTRACTORS

SECTION 1

1.1 QUALIFICATIONS

Firm must have a current Contractor’s Public Liability Insurance policy and must be insurable in the following amounts: Bodily injury, including death limits of $1,000,000 for each accident.

Property damage limits of $2,000,000 for each accident and $10,000,000 for the aggregate of operations. (The OWNER reserves the right to require additional limits and/or coverage for actual contract.)

1.2. ERRORS IN PROPOSAL PACAKGES

Contractors or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting proposal packages. Failure to do so will be at the contractor’s own risk. In case of error in extension of prices in the bid, the contract price will govern.

1.3. CONTRACT INFORMATION

The contract will be based on unit prices for each line item as shown in the bid. The price bid for each item will include materials, labor, tools, equipment and all other miscellaneous and/or necessary items to complete each item. The bidder agrees that the cost of any work performed, materials furnished, services provided, or expenses incurred, which are not specifically delineated in the bid list or 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.

1.4 STATEMENT OF AGREEMENT

With the submission of a proposal package, the Contractor agrees that he/she has carefully examined the Request for Proposal and the proposal documents, and the Contractor agrees that it is the Contractor’s responsibility to request clarification on any issues in any section of the Request for Proposal with which the Contractor disagrees or needs clarified. The Contractor also understands that failure to mention these items in the proposal package will be interpreted to mean that the Contractor is in full agreement with the terms, conditions, specifications and requirements therein. With submission of a proposal package, the Contractor hereby certifies: (a) that this proposal package is genuine and is not made in the interest or on behalf of any undisclosed person, firm, or corporation; (b) that Contractor has not directly or indirectly included or solicited any other Contractor to put in a false or insincere proposal package; (c) that Contractor has not solicited or induced any person, firm, or corporation to refrain from submitting a proposal package

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GENERAL CONDITIONS

SECTION 2

2.1 MULTIPLE PROPOSAL PACKAGES:

No contractor shall be allowed to submit more than one proposal package.

2.2 BID FOR ALL OR PART:

Contractors must submit a bid sheet for the Base Bid items and must name a price on each item.

Incomplete bid sheets will not be accepted and may cause the proposal package to be considered incomplete, disqualifying it from further consideration.

2.3 PRICES TO BE FIRM:

Contractor warrants that bid prices, terms and conditions quoted on his bid sheet will be firm for acceptance for a period of one hundred and twenty (120) days from proposal package opening date.

2.4 COMPLETENESS:

All information required by the Request for Proposals (RFP) must be completed and submitted to constitute a proper bid proposal.

2.5 QUALITY:

All materials, or supplies used for the construction necessary to comply with this RFP shall be of the best quality and of the highest standard of workmanship. Workmanship employed in any construction, repair, or installation required by this RFP shall be of the highest quality and meet recognized standards within the respective trades, crafts, and of the skills employed.

2.6 GUARANTEE:

Unless otherwise specified by the City, the Contractor shall unconditionally guarantee the materials and workmanship on all material and/or services. If, within the guarantee period any defects occur which are due to faulty material and/or services, the contractor at his expense, shall repair or adjust the condition, or replace the material and/or services to the complete satisfaction of the City. These repairs, replacement or adjustments shall be made only at such time as will be designated by the City as being least detrimental to the operation of the City business.

2.7 LIABILITY PROVISIONS:

Where contractors are required to enter or go onto City property to take measurements or gather other information in order to prepare the bid form as requested by the City, the contractor shall be liable for any injury, damage or loss occasioned by negligence of the contractor, his agent, or any person the contractor has designated to prepare the bid form and shall indemnify and hold harmless the City from any liability arising therefrom. The contract documents specify the liability provisions required of the successful contractor in order to be awarded a contract with the City.

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2.8 CANCELLATION OF CONTRACT:

The contract may be cancelled or suspended by the City in whole or in part by written notice of default to the contractor upon non-performance or violation of contract terms.

2.9 PATENT INDEMNITY:

Except as otherwise provided, the successful contractor agrees to indemnify the City and its officers, agents and employees against liability, including costs and expenses for infringement upon any letters patent of the United States arising out of the performance of this contract or out of the use of disposal for the account of the City of supplies furnished or construction work performed hereunder.

2.10 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION:

By submission of this proposal package, the contractor certifies, and in the case of a joint bid each party thereto certifies, as to its own organization, that in connection with this procurement:

(1) The prices on this bid form have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor.

(2) Unless otherwise required by law, the prices which have been quoted on this bid form have not been knowingly disclosed by the contractor prior to opening, directly or indirectly to any other contractor or to any competitor; and

(3) No attempt has been made or will be made by the contractor to induce any other person or firm to submit or not to submit a proposal package for the purpose or restricting competition.

2.11 SIGNED BID CONSIDERED OFFER:

The signed bid shall be considered an offer on the part of the contractor, which offer shall be deemed accepted upon approval by the City, Purchasing Agent or his designee. In case of default on the part of the contractor after such acceptance, the City may take action as it deems appropriate, including legal action for damages for lack of required performance.

2.12 NOTICE TO PROCEED:

The successful contractor or proposer shall not commence work under this Request for Proposal until a written contract is awarded and a Notice to Proceed is issued by the City or their designee.

If the successful bidder does commence any work or deliver items prior to receiving official notification, he does so at his own risk.

2.13 TERMS OF CONTRACT: (check where applicable)

_________A. Annual Contract

_________B. One-time Purchase

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____X____C. Other One Time Contract

2.14 RESPONSIBILITY FOR CLAIMS AND RELIABILITY:

The Contractor shall agree to hold harmless, indemnify and defend the City and its agents. The Contractor will require any and all Subcontractors to conform to the provisions of this clause prior to commencing any work and agrees to ensure that this clause is in conformity with the insurance provisions of the contract.

2.15 BASIS OF CONTRACT AWARD:

If the contract is awarded, it will be awarded to the contractor whose proposal package was ranked highest by the evaluation team and approved by the City Council. Evaluation criteria are listed in section 3.2 of this Request for Proposal.

The City reserves the right to reject any or all proposal packages and to waive any technicalities.

Contracts will be administered by the City Representative. Invoices will be submitted to the City Representative as directed.

2.16 SUBLETTING, ASSIGNMENT OR TRANSFER

The City considers the work of the CONTRACTOR personal. The CONTRACTOR agrees not to assign, sublet, or transfer any or all of its interest in this agreement without prior written approval of the City.

The City reserves the right to review all subcontracts prepared in connection with the agreement, and the CONTRACTOR agrees that it shall submit to the City any proposed subcontract documents together with the subcontractor cost estimates for review and written concurrence of the City in advance of their execution. All subcontracts of $10,000 or more shall include the provisions set forth in this agreement.

2.17 PRE-CONSTRUCTION CONFERENCE:

The contractor shall attend a pre-construction conference prior to commencing any work.

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PROPOSAL EVALUATION

SECTION 3

Proposal packages will be evaluated in two phases.

3.1 COMPLETENESS VERIFICATION

Contractor shall include all items in his/her package as required by this request for proposal:

o Bid Form o Written Project Approach o Corporate Certificate o Surety Requirements Acknowledgement o Bid Bond o Oath of Bidder o Statement of Bidder Qualifications o Contractor E-Verify Affidavit o Resumes and References o Acknowledgment of any Addenda

Phase one of the evaluations will include verification that all items from the above list are included in the proposal package. If anything from the above list is missing from the proposal package, the packages may be deemed non-responsive, and disqualified from further consideration. Complete packages will move forward into the scoring phase.

3.2 RANKING/SCORING

Once each package has been reviewed for completeness, the evaluation team will score each complete package based on the following criteria. Packages will be ranked in order of score, with the highest scoring proposal package being recommended to Council for contract award.

o Bid (Total Cost) – up to 65 points o Written Project Approach – up to 25 points o Resumes and References – up to 10 points

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BID FORM

Bid Form Page 1 of 4

City of Duluth

In compliance with your Request for Proposal, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Duluth to provide the necessary machinery, tools, apparatus, and other means of construction, and all materials and labor specified in the Contract, necessary to complete the work in the manner therein specified within the time specified, as therein set forth, for:

Rogers Bridge Park Trailhead Project – Phase I

The Bidder has carefully examined and fully understands the Contract and other Contractual Documents hereto attached and has made a personal examination of the proposed Work and has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his Bid is accepted, he will contract with the City of Duluth in full conformance with the Contract Documents.

It is the intent of this Bid to include all items of construction and all Work indicated on the Drawings and called for in the Specifications.

In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Schedule of Items for the following bid amounts:

Base Bid (Total cost for complete project as shown in drawings):

__________________________________________________________Dollars

The 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.

The 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, and to complete the Work within the proposed schedule. The City of Duluth will charge the contractor five hundred dollars ($500.00) per calendar day as liquidated damages for every day beyond this deadline that work is not fully complete.

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Bid Form Page 2 of 4

COST SCHEDULE (pages 2 and 3 of the bid form)

Base Bid includes all work described in the project description and items 1 through 16 described below. The cost for any items not listed separately is included in the cost for grading complete.

Cost included on the Bid form shall include full compensation for all required labor, products, tools, equipment, plant, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit.

1 Item Description Unit Total Cost 2 Mobilization Includes all work required to mobilize to project site and be ready to start construction, placing barricades/fencing, tree protection fencing, etc.

LS

3 Erosion Control Includes installation and maintenance of all erosion control items as shown on the plans, including any future additional erosion control as prescribed by the Engineer, as needed.

LS

4 Demolition and Site Preparation

Includes removal and disposal of existing pavement and slabs, existing sidewalk, existing gravel parking, existing fencing, existing utilities, existing metal building, existing signage, and clearing trees/vegetation/groundcover, etc.

LS

5 Grading Complete Grading complete, as shown on plans. Includes fine grading of building pad and paved areas, rough grading of bio-retention areas, grading of proposed swale, compaction, proof rolling, etc.

LS

6 Storm sewer and structures

Includes all storm sewer piping and storm structures, including concrete lined and covered flumes, roof drains, flared end sections, water jetting of existing 15" CMP for reuse, and outlet protection.

LS

7 Bio-retention Basins Includes materials and installation of permeable soil mix as shown on plans, fine grading of bio-retention areas, filter fabric installation, gravel layer, mulch, plantings, and outlet protection as shown on plans.

LS

8 Roadway Includes asphalt paving and all curbing types, installed per plans and specifications with all applicable joints and finishing. Includes all asphalt striping including handicap striping, directional arrows, stop bars, crosswalks, etc. Includes installation of wheel stop, installed per plans.

LS

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9 Sidewalk and Site Furnishings

Includes site furnishings, privacy fence, concrete sidewalk, and new ramp installation and all signage, installed per plans and specifications with all applicable joints and finishing.

LS

10 Concrete Includes additional concrete paving for driveway, equipment pads, and stamped concrete, installed per plans.

LS

11 Utilities Includes all external utilities to serve the future building (water, sanitary sewer). Includes new backflow preventer and water meter as shown on plans. Includes applicable testing and as-built water/sewer survey per City/County requirements.

LS

12 Landscaping Includes all turf, seeding, trees, and plants as shown on plans and specifications. Includes temporary watering and warranty per specifications.

LS

13 Building Construction of the proposed single-story building including all architectural, structural, mechanical, electrical, and plumbing components as shown in plans.

LS

14 Exterior Electrical Construction of exterior site electrical including meter, ground bar, underground telecommunications, conduit, etc. as shown in plans.

LS

15 As-Built Surveys and Documentation

Preparation of as-built surveys per local jurisdiction requirements. Includes addressing comments until approval is obtained.

LS

16 Demobilization/Clean up

Includes all work required to demobilize from project site, including site cleanup, removal of barricades and tree protection fencing, etc.

LS

Total cost for complete project as shown in drawings:

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Bid Form Page 4 of 4

The undersigned represents that the unit prices listed above are complete as specified and acknowledges 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.

Prices must be entered for all blanks in the schedule. If there is an error in the calculation for the total amount entered, the total cost will be a summation of each lump sum listed.

COMPANY

SIGNATURE DATE

PRINT NAME TITLE

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WRITTEN PROJECT APPROACH

Contractor shall include a written approach (max 2 pages) indicating the following to the evaluation team:

1. How does your team plan to mobilize onto an active construction site without impacts to the Rogers Bridge project?

2. How will your team coordinate with the adjacent Rogers Bridge project team to divide up the work areas without getting in one another’s way?

3. How will you resolve disputes regarding coordinated site issues with the adjacent project?

4. How will you ensure project delivery within the timeframe expected?

5. What assistance will you require from the City to ensure timely and comprehensive coordination with the adjacent project?

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CORPORATE CERTIFICATE

I,___________________________________, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Bid/Proposal Package; that, ______________________________ who signed said Bid on behalf of the Contractor, was then

(Title) ________________________ of said Corporation; that said Bid was duly signed for and on behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers, that said Corporations organized under the laws of the State of Georgia.

This ______day of __________, 20__.

______________________________ (SEAL)

Signature

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SURETY REQUIREMENTS ACKNOWLEDGEMENT

A Bid Bond for five percent (5%) of the amount of the base bid is required to be submitted with each proposal package.

A Performance and Payment Bond for one hundred percent (100%) of the base bid plus any requested add-alternates (as applicable) will be required of the successful contractor.

The Contractor certifies that he/she has examined all documents contained in this request for proposal package and is familiar with all aspects of the proposal and understands fully all that is required of the successful contractor. The Contractor further certifies that his/her bid and proposal package shall not be withdrawn for one hundred and twenty (120) days from the date on which the package is publicly opened, and the bid is read.

The Contractor agrees, if awarded this contract, he/she will:

• Furnish, upon receipt of an authorized City of Duluth Contract Agreement, all items indicated thereon as specified in this request for proposal for the bid amount, or;

• Enter a contract with the City to do and/or furnish everything necessary to provide the service and/or accomplish the work as stated and/or specified in this request for proposal for the bid amount, and;

• Furnish a revised performance bond with a new cost amount based upon any add-alternates selected if required by the City, and;

• Forfeit the amount of the Bid Bond as liquidated damages if he/she fails to enter a contract with the City as stated above, within fifteen (15) days of the date on which he/she is awarded the contract.

COMPANY DATE

SIGNATURE TITLE

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BID BOND

KNOW ALL MEN BY THESE PRESENTS, THAT WE ______________________ (hereinafter called the Principal) and ________________________ (hereinafter called the Surety), a Corporation chartered and existing under the laws of the State of ___________________ with its principal offices in the City of ________________________and authorized to do business in the State of Georgia, are held and firmly bound unto the City of DULUTH in the full and just sum of ___________________________________Dollars ($ . ) good and lawful money of the United States of America, to be paid upon demand of the City of Duluth, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, and assigns jointly and severally and firmly by these presents.

WHEREAS, the Principal is about to submit, or has submitted, to the City of Duluth, a proposal package with a bid for furnishing materials, labor and equipment for:

Rogers Bridge Park Trailhead Project – Phase I

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

NOW, THEREFORE, the conditions of this obligation are such that if the bid be accepted, the Principal shall within ten (10) days after receipt of notification of the acceptance, execute a Contract in accordance with the bid and upon the terms, conditions, and prices set forth in the form and manner required by the City of DULUTH, and execute a sufficient and satisfactory Performance Bond in the amount of 100% of the total contract price and Payment Bond in the amount of 100% of the total contract price payable to the City of DULUTH, in form and with security satisfactory to said City of DULUTH , and otherwise, to be and remain in full force and virtue in law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the City of DULUTH, Georgia, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

IN TESTIMONY THEREOF, the Principal and Surety have caused these presents to be duly signed and sealed this ________________ day of _______________, 20__.

SURETY PRINCIPAL

BY:_______________________________ BY:_______________________________

(SEAL) (SEAL)

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OATH OF BIDDER

Personally appeared before the undersigned officer duly authorized by law to administer oaths and ________________________________who, after being first duly sworn, depose and say that they are all the officers, agents, persons, or employees who have acted for or represented ____________________________________________ (Company Name) in bidding or procuring a Contract with the City of Duluth on the following projects:

Rogers Bridge Park Trailhead Project – Phase I and that said _______________________________ has not by (himself, themselves) or through any persons, officers, agents, or employees prevented or attempted to prevent by any means whatsoever competition in such bidding; or by any means whatsoever prevented or endeavored to prevent anyone from making a bid therefore, or induces or attempted to induce another to withdraw a bid for said work.

BY: _______________________________

Signature of Bidder

Name – Printed

Title

Sworn to and subscribed before me this _______day of ____________, 20__.

Notary Public (SEAL)

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STATEMENT OF BIDDER’S QUALIFICATIONS

(To be subscribed and sworn to before a notary public)

Firm Name: __________________________________________________________________ LEGAL NAME OF BUSINESS (As registered with Secretary of State)

Address: __________________________________________________________________

LEGAL BUSINESS ADDRESS (P.O. BOX IS INSUFFICIENT)

CITY STATE ZIP

MAILING ADDRESS IF DIFFERENT FROM ABOVE

Telephone Number: ______________________ Facsimile Number: _______________________

Contact Person Name and Email Address: ___________________________________________

Georgia Resident: YES_____ NO_____

When Organized: ______________________ Where Incorporated: _______________________

Federal I.D. No.: ______________________ or Social Security No.: ______________________

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

General Contractor’s License Number: _____________________________________________

Credit Available for This Contract: _________________________________________________

Contracts Now in Hand, Gross Amount: _____________________________________________ Plan of Organization: Proprietorship Corporation Partnership LLC

The bidder has refused to sign a contract at the original bid. YES or NO (Please circle one)

The bidder has been declared in default on a contract. YES or NO (Please circle one)

The bidder has been involved in litigation or filing claims against Owners, Construction Contract Administration Firms, or Design Firms in the last 3 years. YES or NO (Please circle one)

If answer is Yes to any statement above, please explain (attach additional sheets as necessary):

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(STATEMENT OF BIDDER’S QUALIFICATIONS - CONTINUED)

The bidder has written corporate safety and quality assurance/quality control processes in place, and the City may examine these documents if requested. YES or NO (Please circle one)

Bidder has available at least two project management personnel with at least five years’ experience on projects with the technical characteristics required of a project of similar scope. One of these project management personnel must be the Project Superintendent and must be on the jobsite at all times during construction. Documentation of this experience must be provided with the proposal package, including resumes of the two project management personnel and a list of at least 3 similar projects completed by the contractor with project name, description, and reference contact information.

Please include the two resumes and the three similar project references in the RESUMES AND REFERENCES section of this proposal package. Failure to do so may cause your proposal package to be deemed non-responsive and disqualify you from further consideration. Additional resumes and references are permitted, but not required. If including additional information, please ensure the project management staff are clearly labeled, as those will be the two resumes that are scored.

I certify that the above information is complete, true, and correct.

Sworn to and subscribed before me this _______day of ____________, 20__.

Notary Public (SEAL)

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CONTRACTOR E-VERIFY AFFIDAVIT

By executing this affidavit, the undersigned contractor verifies its compliance with The Illegal Reform Enhancements for 2013, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Duluth has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act, in accordance with the applicability provisions and deadlines established therein.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services or the performance of labor pursuant to this contract with the City of Duluth, contractor will secure from such subcontractor(s) similar verification of compliance with the Illegal Immigration Reform and Enforcement Act on the Subcontractor Affidavit provided in Rule 300- 10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Duluth at the time the subcontractor(s) is retained to perform such service.

E-Verify * User Identification Number Date Registered

Legal Company Name

Street Address

City/State/Zip Code

BY: Authorized Officer or Agent Date (Contractor Signature)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE

_______ DAY OF ______________________, 20__

____________________________________________ My Commission Expires:________________ Notary Public

* As of the effective date of O.C.G.A. § 13-10-91, the applicable federal work authorization program is “E-Verify” operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA).

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RESUMES AND REFERENCES

Contractor shall include at least two project management personnel with at least five years’ experience on projects with the technical characteristics required of a project of similar scope. One of these project management personnel must be the Project Superintendent and must be on the jobsite at all times during construction. Documentation of this experience must be provided in this section, including resumes of the two project management personnel and a list of at least 3 similar projects completed by the contractor with project name, description, and reference contact information.

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ACKNOWLEDGEMENT OF ADDENDA

Contractor shall acknowledge all addenda by date each was posted as follows. It is the bidder/contractor’s responsibility to check the City’s website or the Georgia Procurement Registry for such updates, and to ensure he/she reviews and understands their content. Failure to do so may disqualify contractor’s proposal package from further consideration.

ADDENDUM 1 DATED __________________

ADDENDUM 2 (if applicable) DATED __________________

ADDENDUM 3 (if applicable) DATED __________________

Other Addenda, as needed, please list.

I certify that the above information is complete, true, and correct.

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CONTRACT PERFORMANCE BOND

(For Reference Only – Do Not Return With Proposal Package)

KNOW ALL MEN BY THESE PRESENTS, THAT WE________________________________

(hereinafter called the Principal) and _________________________________(hereinafter called the surety) are held and firmly bound unto the City of DULUTH (hereinafter known as the City), for the use of said obligee and all persons doing work or furnishing skill, tools, machinery, supplies, or material under or for the purpose of the Contract hereinafter referred to, in the full and just sum of $ _______________________________________ in lawful money of the United States of America, to be paid to said City, its successors, and assigns to which payment well and truly to made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severely, firmly by these presents.

WHEREAS, the above bound Principal has entered into a contract or contracts with the said CITY, bearing date of ________________________, 20__, for furnishing material, labor and equipment for:

Rogers Bridge Park Trailhead Project – Phase I

WHEREAS, it was one of the conditions of the award by said City pursuant to which said Contract was entered into, that these presents shall be executed.

NOW THEREFORE, the conditions of this obligation are such that if the above bound Principal shall in all respects fully comply with the terms and conditions of said Contract and his obligation thereunder, including the Specifications and bid, therein referred to and made a part thereof, and such alterations as may be made in said Specifications as therein provided for, and including one-year guarantee period from date of final acceptance, and shall indemnify and save harmless the City against and from all costs, expenses, damages, injury or loss, to which the said City may be subjected by reason of any wrongdoing, misconduct, want of care or skill, negligence, or default, including patent infringement, on part of said Principal, his agents, or employees, in the execution or performance of said Contract, and shall promptly pay all just claims for damages or injury to property and for all work done, or skills, tools, and machinery, supplies, labor, and materials furnished and debts incurred by said Principal in our about the construction or improvement contracted for this obligation to be void; otherwise, in full force and effect.

And the said Surety to this Bond, for value received, hereby stipulates and agrees that no change, extensions of time, alterations, or additions to the terms of the Contract or to the Work to be performed thereunder or the Specifications accompanying same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, 26 | P a g e

CONTRACT PERFORMANCE BOND

(For Reference Only – Do Not Return With Proposal Package)

This Bond shall be for the use of all persons doing Work or furnishing skill, tools, machinery, or materials under or for the purpose of this Contract, in accordance with the provisions of the Official Code of the State of Georgia, as amended, and is intended to be and shall be construed to be a bond in compliance with the requirements thereof.

The life of this Bond extends through the life of the Contract including the sixty-day maintenance period, and until one year after the final acceptance of the Work by the City.

IN TESTIMONY THEREOF, the Principal and Surety have caused these presents to be duly signed and sealed in triplicate, this ___________day of ________________, 20__.

CONTRACTOR

_____________________________________(Company Name) (Seal)

Attest:________________________________ By:____________________________

Title:_________________________________ Title:___________________________

SURETY

_____________________________________(Company Name) (Seal)

Attest:________________________________ By:____________________________

Title:_________________________________ Title:___________________________

BY: ___________________________ (Local Agent’s Signature)

___________________________ (Name – Printed or Typed)

___________________________ (Company Name)

____________________________ (Address)

Executed in Triplicate

Base Bid includes all work described in the project description and items 1 through 16 described below. The cost for any items not listed separately is included in the cost for grading complete. Cost included on the Bid form shall include full compen...