SEAL COATING RFP.pdf

November 19,2024

Subject: Invitation to Bid #2024-CS Crack Sealing Services

Gentlemen/Ladies:

City of McDonough, Georgia invites you to submit a bid for crack sealing services on Jonesboro

Road from Kelly Road to Rosebud Lane in the City of McDonough. You are invited to submit a bid in accordance with the information contained herein.

Questions concerning this invitation to bid should be addressed to Steve Morgan City

Administrator, in writing via email smorgan@mcdonoughga.org . Questions will be accepted until 3:00pm on Wednesday, December 4,2024.

Please return your bid to the following address:

City of McDonough- City Administrator

136 Keys Ferry St

McDonough, GA 30253

Bid Number: 2024-CS

Bid Name: Crack Sealing Services

Your envelope must be sealed and should show your company's name and address.

Bids will be received at the above address until 2:00pm on Thursday, December 19,2024 in the City Administrators office. Bids will be opened immediately after that time in the 2nd Floor

Chambers.

Bids must be signed to be considered. Late bids cannot be considered. Faxed bids or emailed bids cannot be considered.

If you download this invitation to bid from the city’s web site www.mcdonoughga.org or

Georgia Procurement website www.ssl.doas.state.ga.us , it will be your responsibility to check the web site for any addenda that might be issued for this solicitation. The city cannot not be responsible for a vendor not receiving information provided in any addendum.

Thank you for participating in the solicitation process.

136 Keys Ferry Street • McDonough, GA 30253 • (770) 957-3915 • Fax: (770) 957-7231 • www.mcdonoughga.org

MAYOR

Sandra Vincent

COUNCIL MEMBERS

Jamal Burt

Darryl Payton

Scott Reeves

Rufus Stewart

Vanessa Thomas

Kamali Varner

CITY CLERK

Christy Taylor

CITY

ADMINISTRATOR

Steve Morgan

CITY

ATTORNEY

Emilia Walker mailto:email_smorgan@mcdonoughga.or mailto:email_smorgan@mcdonoughga.or http://swhitewayettecountyga.gov/ http://swhitewayettecountyga.gov/ http://www.mcdonoughga.org/ http://www.mcdonoughga.org/ http://www.ssl.doas.state.ga.us/ http://www.ssl.doas.state.ga.us/ http://www.mcdonoughga.org/

GENERAL TERMS AND CONDITIONS

ITB #2024-CS Crack Sealing Services

Definitions: The term "contractor" as used herein and elsewhere in these Terms and Conditions shall be used synonymously with the term "successful bidder. - The term "city- shall mean City of McDonough, Georgia.

Bid is Offer to Contract: Each bid constitutes an offer to become legally bound to a contract with the city, incorporating the invitation to bid and the bidder's bid. The binding offer includes compliance with all terms, conditions, special conditions, specifications, and requireme nts stated in the invitation to bid, except to the extent that a bidder takes written exception to such provisions. All such terms, conditions, special conditions, specifications, and requirements will form the basis of the contra ct.

The bidder should take care to answer all questions and provide all requested information, and to note any exceptions in the bid submission. Failure to observe any of the instructions or conditions in this invitation to bid may result in rejection of the bid.

1. Binding Offer: Each bid shall constitute a firm offer that is binding for ninety (90) days from the date of the bid opening, unless the bidder takes exception to this provision in writing.

2. Bidder's Questions: As appropriate, the city will post answers to questions and/or other information concerning the invitation to bid in the form of an addendum on the city website at www.mcdonoughga.org or Georgia Procurement website www.ssl.doas.state.ga.us . It is the responsibility of the prospective bidder to check the websites for any addendum issued for this invitation to bid.

3. References: Include with your bid a list of three (3) jobs that your company has done that are of the same or similar nature to the work described in this invitation to bid on the form provided. Include all information as requested on the form.

4. Bid Submission: Submit your bid, along with any addendum issued by the city, in a sealed envelope with the following information written on the outside of the envelope:

a. The bidder's company name.

b. The bid number, which is #2024-CS, and

c. The bid name, which is Crack Sealing Services

Mail or deliver one (1) original unbound bid & (2) copies signed in ink by a company official authorized to make a legal and binding offer, and one (1) digital copy on a USB, to:

City of McDonough City Administrator

136 Ferry St

McDonough, GA 30253

Bid Number: #2024-CS

Bid Name: Crack Sealing Services

You may submit bids in person, by U.S. mail, or by a commercial carrier. Do not submit bids by facsimile, e-mail, or other electronic means. Once submitted, all bids become the property of City of

McDonough.

http://www.mcdonoughga.org/

5. Bid Preparation Costs: The bidder shall bear all costs associated with preparing the bid.

6. Late Bids: Bids not received by the time and date of the scheduled bid opening will not be considered, unless the delay is a result of action or inaction by the city.

7. More than One Bid: Do not submit alternate bids or options, unless requested or authorized by the city in the Invitation to Bid. If a responder submits more than one bid without being requested or authorized to do so, the city may disqualify the bids from that responder, at the city’s option.

8. Bid Corrections or Withdrawals: The bidder may correct a mistake, or withdraw a bid, before the bid opening by sending written notification to the City Administrator, the bid may be withdrawn after the bid opening only with written authorization from the City Administrator.

9. Defects or Irregularities in Bids: The city reserves the right to waive any defect or irregularity in any bid received. In case of an error in extension of prices or totals in the bid, the unit prices shall govern.

l2. Prices Held Firm: Prices quoted shall be firm for the period of the contract, unless otherwise specified in the bid. All prices for commodities, supplies, equipment, or other products shall be quoted FOB Destination, City of McDonough or job site.

13. Brand Name: If items in this invitation for bid have been identified, described or referenced by a brand name or trade name description, such identification is intended to be descriptive, but not restrictive and is to indicate the quality and characteristics of products that may be offered. Alternative products may be considered for award if clearly identified in the bid. Items offered must meet required specifications and must be of a quality which will adequately serve the use and purpose for which intended.

14. Bidder Substitutions: Bidders offering substitutions or deviations from specifications stated in the invitation to bid, shall list such substitutions or deviations on the "Exceptions to Specifications" sheet provided, or on a separate sheet to be submitted with the bid. The absence of such list shall indicate that the bidder has taken no exception to the specifications. The evaluation of bids and the determination as to equality and acceptability of products or services offered shall be the responsibility of the city.

15. Samples: When the city requires samples as part of the bid and vendor selection process, bidders must provide requested samples within the time allotted, and at no cost to the city unless otherwise specified. Any goods provided under contract shall conform to the sample submitted. The city will return samples only at the bidder's request, and at the bidder's expense, if they are not destroyed by testing.

16. Non-Collusion: By responding to this invitation to bid, the bidder represents that the bid is not made in connection with any competing bidder, supplier, or service provider submitting a separate response to this invitation to bid and is in all respects fair and without collusion or fraud.

17. Bid Evaluation: Award will be made to the lowest responsive, responsible bidder, taking into consideration payment terms, vendor qualifications and experience, quality, references, any exceptions listed, and/or other factors deemed relevant in making the award. The city may make such investigation as it deems necessary to determine the ability of the bidder to perform, and the bidder shall furnish to the city all information and data for this purpose as the city may request. The city reserves the right to reject any bid item, any bid, or all bids, and to re-advertise for bids.

18. Payment Terms and Discounts: The City’s standard payment terms are Net 30. Any deviation from standard payment terms must be specified in the resulting contract, and both parties must agree on such deviation. Cash discounts offered will be a consideration in awarding the bid, but only if they give the city at least 15 days from receipt of invoice to pay. For taking discounts, time will be computed from the date of invoice acceptance by the city, or the date a correct invoice is received, whichever is the later date. Payment is deemed made, for the purpose of earning the discount, on the date of the check.

19. Trade Secrets — Confidentiality: If any person or entity submits a bid or proposal that contains trade secrets, an affidavit shall be included with the bid or proposal. The affidavit shall declare the specific included information which constitutes trade secrets. Any trade secrets must be either (1) placed in a separate envelope, clearly identified and marked as such, or (2) at a minimum, marked in the affidavit or an attached document explaining exactly where such information is, and otherwise marked, highlighted, or made plainly visible. See

O.C.G.A. § 50-18-72 (A)(34).

20. Trade Secrets — Internal Use: In submitting a bid, the bidder agrees that the city may reveal any trade secret materials contained in the bid to all city staff and officials involved in the selection process, and to any outside consultant or other third parties who may assist in the selection process. The bidder agrees to hold harmless the city and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material which the bidder has designated as a trade secret.

21. Ethics - Disclosure of Relationships: Before a proposed contract in excess of $10,000.00 is recommended for award to the Mayor & City Council or the City Administrator, or before the City renews, extends, or otherwise modifies a contract after it has been awarded, the contractor must disclose certain relationships with any City

Official, or their spouse, mother, father, grandparent, brother, sister, son or daughter related by blood, adoption, or marriage (including in-laws). A relationship that must be reported exists if any of these individuals is a director, officer, partner, or employee, or has a substantial financial interest the business. (Code of Ethics).

If such relationship exists between your company and any individual mentioned above, relevant information must be presented in the form of a written letter to the City Administrator. You must include the letter with any bid, proposal, or price quote you submit to the City Administrator.

If a contractor fails to comply with this requirement, the City will act as appropriate to the situation, which may include actions up to and including rejection of the bid or offer, cancellation of the contract in question, or debarment or suspension from award of a city contract for a period of up to three years.

22. Contract Execution & Notice to Proceed: After the Mayor & Council makes an award, all required documents are received by the city, and the contract is fully executed with signature of both parties, the city will issue a written Notice to Proceed. The city shall not be liable for payment of any work done or any costs incurred by any bidder prior to the city issuing the Notice to Proceed.

23. Unavailability of Funds: This contract will terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the city under the contract.

24. Insurance: The successful bidder shall procure and maintain the following insurance, to be in effect throughout the term of the contract, in at least the amounts and limits as follows:

a. General Liability Insurance: $1,000,000 combined single limit per occurrence, including bodily and personal injury, destruction of property, and contractual liability.

h. Automobile Liability Insurance: $1,000,000 combined single limit each occurrence, including bodily injury and property damage liability.

c. Worker's Compensation & Employer's Liability Insurance: Workers Compensation as required by Georgia statute.

Before a contract with the successful bidder is executed, the successful bidder shall provide Certificates of Insurance for all required coverage. The successful offeror can provide the Certificate of Insurance after award of the contract but must be provided prior to execution of the contract document by both parties. The certificate shall list an additional insured as follows:

City of McDonough

136 Keys Ferry St

McDonough, GA 30253

25. Bid Bond: You must include a bid bond with your bid, equal to five percent (5%) of the total amount bid.

Bid bonds shall be provided by a surety which appears on Georgia's list of approved sureties administered by the State Insurance Commissioner, or the U.S. Treasu ry's list of approved bond sureties (Circular

C 70)

26. Performance and Payment Bonds: Prior to execution of a contract, the successful bidder shall submit performance, and payment bonds each equal to 100 percent of the contract value, provided by a surety which appears on Georgia's list of approved sureties administered by the State Insurance Commissioner, or the U.S.

Treasury's list of approved bond sureties (Circular 570).

27. Building Permits: Work performed for the city requiring building permits by licensed contractors will not have permit fees assessed, although any re-inspection fees for disapproved inspections will be the responsibility of the contractor prior to final inspections and the Certif icate of Occupancy or Certificate of

Completion being issued.

28. Unauthorized Performance: The city will not compensate the contractor for work performed unless the work is authorized under the contract, as initially executed or as amended.

29. Assignment of Contract: Assignment of any contract resulting from this invitation to bid will not be authorized, except with express written authorization from the county.

30. Indemnification: The contractor shall defend, indemnify and save the city and all its officers, agents and employees harmless from all suits, actions, or other claims of any character, name and description brought for or on account of any damages, losses, or expenses to the extent caused by or resulting from the negligence, recklessness, or intentionally wrongful conduct of the contractor or other persons employed or utilized by the contractor in the performance of the contract. The contractor shall pay any judgment with cost which may be obtained against the city growing out of such damages, losses, or expenses.

31. Severability The invalidity of one or more of the phrases, sentences, clauses or sections contained in the contract shall not affect the validity of the remaining portion of the contract. If any provision of the contract is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision to the extent that the provision is unenforceable. In such case, the contract shall be deemed amended to the extent necessary to make it enforceable while preserving its intent.

32. Delivery Failures: If the contractor fails to deliver contracted goods or services within the time specified in the contract or fails to replace rejected items in a timely manner, the city shall have authority to make open-market purchases of comparable goods or services. The city shall have the right to invoice the contractor for any excess expenses incurred or deduct such amount from monies owed the contractor. Such purchases shall be deducted from contracted quantities.

33. Substitution of Contracted Items: The contractor shall be obligated to deliver products awarded in this contract in accordance with terms and conditions specified herein. If a contractor is unable to deliver the products under the contract, it shall be the contractor's responsibility to obtain prior approval of the ordering agency to deliver an acceptable substitute at the same price quoted in the contractor's original bid. In the event any contractor consistently needs to substitute or refuses to substitute products, the City reserves the right to terminate the contract or invoke the

"Delivery Failures" clause stated herein.

34. Termination for Cause: The city may terminate the contract for cause by sending written notice to the contractor of the contractor's default in the performance of any term of this agreement. As appropriate, the city will compensate the contractor for completed performance, and for any partially completed performance as determined by the city to be adequately performed. Termination shall be without prejudice to any of the city’s rights or remedies by law.

35. Termination for Convenience: The city may terminate the contract for its convenience at any time with 10 days' written notice to the contractor. In the event of termination for convenience, the city will pay the contractor for services performed. The city will compensate partially completed performance based upon a signed statement of completion submitted by the contractor, which shall itemize each element of performance completed.

36. Force Majeure: Neither party shall be deemed to be in breach of the contract to the extent that performance of its obligations is delayed, restricted, or prevented by reason of any act of God, natural disaster, act of government, or any other act or condition beyond the reasonable control of the party in question.

37. Governing Law: This agreement shall be governed in accordance with the laws of the State of Georgia. The parties agree to submit to the jurisdiction in Georgia, and further agree that any cause of action arising under this agreement shall be required to be brought in the appropriate venue in city of McDonough, Georgia.

CHECKLIST OF REQUIRED DOCUMENTS

(Be Sure to Return This Checklist and the Required Documents in the order listed below)

ITB #2024-CS Crack Sealing Services

Bid Bond

Company information — on the form provided

References - on form provided

Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1)

Pricing sheet

List of exceptions, if any — on the form provided

Addenda, if Any

COMPANY NAME:

COMPANY INFORMATION

COMPANY

Company Name:

Physical Address:

Mailing Address (if different):

AUTHORIZED REPRESENTATIVE

Signature: __________________________________________________________

Printed or Typed Name: _______________________________________________

Title: ______________________________________________________________

Email Address:

Phone Number: Fax Number:

PROJECT CONTACT PERSON

Name: _______________________________________________________________

Title: ______________________________

Office Number: __________________ Cellular Number: ______________________

Email Address: ________________________________________________________

REFERENCES

IITB #2024-CS Crack Sealing Services

Please list three (3) references for current or recent customers who can verify the quality of service your company provides. Projects of similar size and scope are preferable.

1. Government/Company Name __________________________________________________________

City & State __________________________________________________________________________

Work or Service Provided _______________________________________________________________

Approximate Completion Date___________________________________________________________

Contact Person and Title ________________________________________________________________

Phone ______________________________Email ___________________________________________

2. Government/Company Name__________________________________________________________

City & State__________________________________________________________________________

Work or Service Provided_______________________________________________________________

Approximate Completion Date _________________________________________________________

Contact Person and Title ________________________________________________________________

Phone _______________________________Email __________________________________________

3. Government/Company Name____________________________________________________

City & State _________________________________________________________________________

Work or Service Provided______________________________________________________________

Approximate Completion Date___________________________________________________________

Contact Person and Title________________________________________________________________

Phone Email

Contractor Affidavit under O.C.G.A. §13-10-91(b)(1)

The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any contract to which Contractor is a party that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with O.C.G.A. § 13-10-91, attesting as follows:

a) The Contractor has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program.

b) The Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof.

c) The Contractor will notify the public employer in the event the Contractor ceases to utilize the federal work authorization program during the contract period, including renewals or extensions thereof.

d) The Contractor understands that ceasing to utilize the federal work authorization program constitutes a material breach of Contract.

e) The Contractor will contract for the performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the Contractor with the information required by O.C.G.A. §

13-10-91(a), (b), and (c).

f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s) subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to which Contractor is a party after the date hereof without further action or consent by Contractor; and

g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to the public employer within five business days of receipt.

Federal Work Authorization User Identification Number Date of Authorization

#2024-CS Crack Sealing Services Name of Contractor Name of Project

Name of Public Employer

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

Executed on _____________ , 20 ____ in ______________(city), __________(state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent ____________________________________________

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE DAY OF , 20

NOTARY PUBLIC

My Commission Expires:

SPECIFICATIONS

INTRODUCTION

Bids are being solicited to supply City of McDonough Public Works Department with crack sealing services

(Type S) on 12,144 linear road feet of Jonesboro Road from Kelly Road to Rosebud Lane.

SCOPE OF WORK

1. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to seal cracks at designated locations.

2. The vendor shall warranty all completed work from installation date for 6 months.

3. Normal workday for this project shall be 8:00 AM to 3:30 PM and the normal work shall be

Monday thru Friday. The City will consider extending workdays or workweeks upon written request to the City by the Vendor on a case-by-case basis. No work will be allowed on national holidays.

4. All materials will meet appropriate GDOT specifications for Crack Sealing Material Type S and the city will require use of CrackMaster 1190.

5. The quantities given are estimates only and may vary from those indicated by the contract. The

City reserves the right to increase and decrease any item at any time.

6. The Vendor shall, always, conduct his work to assure the least possible obstruction of traffic. The

Vendor as specified in the State of Georgia Department of Transportation Standard

Specifications, Section 104.05 and 107.09 should provide for the safety and convenience of the public and the residents along the roadways and the protection of persons and property.

7. Cracks in the existing pavements that are one quarter inch or greater in width shall be cleaned and sealed according to the GDOT joint sealing specifications (Section 407). Cracks should be cleaned of foreign material prepared per the specifications prior to placing the sealing material.

Crack sealing shall be paid for at the contract unit price per centerline mile of roadway.

8. Beginning with mobilization and ending with completion of work, the Vendor shall be responsible for providing a clean and safe work environment at the project site. The Vendor shall comply with all

OSHA regulations as they pertain to this project.

9. Quantities will be measured and paid by centerline mile for each road.

PRICING SHEET

Proposed

Street List Road Segment Description Length in Miles

Jonesboro Road Kelly Road to Rosebud Lane (Double Lane) 1.15

Jonesboro Road Rosebud Lane to Kelly Road (Double Lane) 1.15

Total Length in miles 2.30

Cost per mile: ___________________ x 2.30 miles = ______________________ Total Bid Price

NOTE: All applicable charges shall be included in your unit prices, including but not limited to all mobilization, labor, administrative forces, materials, bond, mix design, testing, equipment, installation, and any other amounts. No additional charges will be allowed after the bid opening.

State warranty coverage (6mth minimum)

State number of days needed to start after Notice to Proceed is issued. _______________ Days

EXCEPTIONS TO SPECIFICATIONS

Please list below any exceptions or clarifications to the specifications of this bid. Explain any exceptions in full.