Winder Bid Packet __guardrailfinaldraft.pdf

Project No.: TS25-01

City Pond Road Guardrail Installation; Project # TS25-01

Bid Packet

Table of Contents

Tab # Description

1 Advertisement and Invitation for Bids

2 Instructions to Bidders for Construction Contract

3 Bid Bond

4 Qualifications of Bidder

5 Noncollusion Affidavit

6 Corporate Certificate

7 Oath of Successful Bidder

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

9 Subcontractor Affidavit and Agreement

10 Notice of Award

11 Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)

12 Performance Bond

13 Notice to Proceed

14 Standard General Conditions of the Construction Contract

15 GDOT Specifications

16 Schedule of Items

17 Roadway Improvement Plans for City Pond Road at Cedar Creek

EJCDC® C 111, Advertisement for Bids for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ADVERTISEMENT AND INVITATION FOR BIDS

City of Winder, Georgia

City Pond Guardrail Installation

General Notice

City of Winder, Georgia (Owner) is requesting Bids for the construction of the following Project:

City Pond Road Guardrail Installation

Project # TS25-01

Bids for the construction of the Project will be received at the front desk of the Public Utilities

Facility, 138 Sweetwater Trail, Winder, Georgia 30680 (Attention: Gerard Brewer, City Pond

Guardrail Project #TS25-01), until Tuesday, May 13, 2025, at 2:00 p.m., local time. Soon thereafter, all received bids will be opened publicly and read aloud.

The Project includes the following Work:

Installing guardrail on City Pond Road at City Pond Park across Cedar Creek. Work will be performed in accordance with GDOT specification 641-Guardrail and in reference to associated plan set.

Bids are requested for the following Contract: Agreement Between Owner and Contractor For

Construction Contract (Stipulated Price): City Pond Road at City Pond Park Guardrail

Installation

The Project has an expected duration of 60 days.

Obtaining the Bidding Documents

Information and Bidding Documents for the Project can be found on the City of Winder website at www.cityofwinder.com and at the Georgia Procurement Registry at https://ssl.doas.state.ga.us/gpr/

Pre-bid Conference

No pre-bid meeting will be held for this project. All questions must be submitted in writing to the

City of Winder via email at nmullins@waengineering.com by Tuesday, May 6, @ 2:00 P.M. No

Bids will be accepted by fax or email. All must be physically submitted as noted above.

Instructions to Bidders.

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

This Advertisement is issued by:

Owner:City of Winder, Georgia

By: BarrowNews-Journal

Title: Advertisement for Bids

Date: April 9, 2025, and April 23, 2025 http://www.cityofwinder.com/ https://ssl.doas.state.ga.us/gpr/

EJCDC® C-200 Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 1 of 1

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site

Article 5— Bidder’s Representations and Certifications

Article 6— Interpretations and Addenda

Article 7— Bid Security

Article 8— Contract Times

Article 9— Substitute and “Or Equal” Items

Article 10— Subcontractors, Suppliers, and Others

Article 11— Preparation of Bid

Article 12— Basis of Bid

Article 13— Submittal of Bid

Article 14— Modification and Withdrawal of Bid

Article 15— Opening of Bids

Article 16— Bids to Remain Subject to Acceptance

Article 17— Evaluation of Bids and Award of Contract

Article 18— Bonds and Insurance

Article 19— Signing of Agreement

Article 20— MODIFICATION OF QUANTITIES

Article 21— LAWS AND REGULATIONS

Article 22— CONTRACTOR’S AND SUBCONTRACTOR’S INSURANCE

Article 23— WAGE RATE REQUIREMENTS

Article 24— TERMINATION OF CONTRACTS

EJCDC® C-200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Bidder may register as a plan holder and obtain complete sets of Bidding Documents, in the number and format stated in the Advertisement or invitation to bid, from the Issuing Office.

Bidders may rely that sets of Bidding Documents obtained from the Issuing Office are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

2.04 Plan rooms (including construction information subscription services, and electronic and virtual plan rooms) may distribute the Bidding Documents, or make them available for examination.

Those prospective bidders that obtain an electronic (digital) copy of the Bidding Documents from a plan room are encouraged to register as plan holders from the Bidding Documents Website or Issuing Office. Owner is not responsible for omissions in Bidding Documents or other documents obtained from plan rooms, or for a Bidder’s failure to obtain Addenda from the virtual plan room.

2.05 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

C. After the Contract is awarded, the Owner will provide or direct the Engineer to provide for the use of the Contractor documents that were developed by Engineer as part of the Project design process, as Electronic Documents in native file formats.

1. Electronic Documents that are available in native file format include:

a. Advertisement and Invitation for Bids;

b. Instructions to Bidders;

c. Bid Bond;

d. Bid Form;

e. Qualifications of Bidder;

f. Certification of Nonsegregated Facilities;

g. Non collusion Affidavit;

h. Corporate Certificate;

i. Oath of Successful Bidder;

j. Code of Ethics Affidavit;

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

l. Subcontractor Affidavit and Agreement;

m. SAVE Affidavit;

n. Notice of Award;

o. Agreement Between Owner and Contractor for Construction Contract (Stipulated Price);

p. Performance Bond;

q. Payment Bond;

r. Notice to Proceed;

s. Standard General Conditions of the Construction Contract;

t. GDOT Specifications; and

u. Roadway Improvement Plans for City Pond Road at Cedar Creek.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

2. Release of such documents will be solely for the convenience of the Contractor. No such document is a Contract Document.

3. Unless the Contract Documents explicitly identify that such information will be available to the Successful Bidder (Contractor), nothing herein will create an obligation on the part of the Owner or Engineer to provide or create such information, and the Contractor is not entitled to rely on the availability of such information in the preparation of its Bid or pricing of the Work. In all cases, the Contractor shall take appropriate measures to verify that any electronic/digital information provided in Electronic Documents is appropriate and adequate for the Contractor’s specific purposes.

4. In no case will the Contractor be entitled to additional compensation or time for completion due to any differences between the actual Contract Documents and any related document in native file format.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work:

A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract.

C. Bidder’s state or other contractor license number, if applicable.

D. Subcontractor and Supplier qualification information.

E. Other required information regarding qualifications.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

ARTICLE 4—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE;

OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 4.05 of the General Conditions, and not in the drawings referred to in Paragraph 4.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

1. Contractor is responsible for verifying utilities and other underground facilities before beginning work; all utilities and underground facilities shown or indicated on the Drawings are estimates and have not been verified by Owner. Contractor is required to do its own due-diligence. Contractor shall also be responsible for any damages caused to Underground Facilities.

4.03 Other Site-related Documents

A. No other Site-related documents are available.

4.04 Site Visit and Testing by Bidders

A. A site visit is not required for this project.

B. On request to Gerard Brewer at gerard.brewer@cityofwinder.com or (678) 425-6866, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.

C. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

D. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.05 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.06 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 5—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

5.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid.

Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

ARTICLE 6—INTERPRETATIONS AND ADDENDA

6.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

6.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows:

A. Nick Mullins at nmullins@waengineering.com or (706) 310-0400.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

6.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received after May 6, 2025, may not be answered.

6.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

ARTICLE 7—BID SECURITY

7.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.

7.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 10 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

7.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

7.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening.

ARTICLE 8—CONTRACT TIMES

8.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

8.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 9—SUBSTITUTE AND “OR EQUAL” ITEMS

9.01 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

9.02 If an award is made, Contractor shall be allowed to submit proposed substitutes and “or equals” in accordance with the General Conditions.

ARTICLE 10—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

10.01 Each Bidder must submit to Owner a list of the Subcontractors or Suppliers proposed for the Work at the time of Bid Submittal in accordance with the Qualifications of Bidders.

10.02 Such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

10.03 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers.

Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

10.04 Contractor shall not be required to employ any Subcontractor, Supplier, individual or entity against whom Contractor has reasonable objection.

10.05 The Contractor shall not award work to Subcontractor(s) in excess of the limits stated in SC 7.07.

ARTICLE 11—PREPARATION OF BID

11.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink.

Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

11.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

11.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

11.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

11.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

11.06 A Bid by an individual must show the Bidder’s name and official address.

11.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

11.08 All names must be printed in ink below the signatures.

11.09 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown.

11.10 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

11.11 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

ARTICLE 12—BASIS OF BID

12.01 Unit Price

A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

column of figures and the correct sum thereof will be resolved in favor of the correct sum.

ARTICLE 13—SUBMITTAL OF BID

13.01 Bids must be submitted physically at the front desk of the Public Utilities Facility, 138 Sweetwater Trail, Winder Georgia 30680 (Attention: Gerard Brewer, City Pond Guardrail Project #TS25-01), until Tuesday, May 13, 2025, at 2:00 p.m. Eastern time.

13.02 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted.

ARTICLE 14—MODIFICATION AND WITHDRAWAL OF BID

14.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

14.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 14.01 and submit a new Bid prior to the date and time for the opening of Bids.

14.03 If within 48 hours, excluding Saturdays, Sundays, and legal holidays, after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the Bid security will be returned.

Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 15—OPENING OF BIDS

15.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 16—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

16.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 17—EVALUATION OF BIDS AND AWARD OF CONTRACT

17.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

17.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

17.03 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid.

17.04 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

17.05 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

17.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 18—BONDS AND INSURANCE

18.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

18.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

ARTICLE 19—SIGNING OF AGREEMENT

19.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions, and executed copies of the exhibits to the Agreement as defined in Section 7.01.A.7(d-h).

ARTICLE 20—MODIFICATION OF QUANTITIES

20.01 If the lowest certified Bid exceeds the money available for the work, the Owner reserves the right to delete enough of the work to bring the costs within the available funds. The Owner also

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

reserves the right to delete whichever items or portions of items considered to be in the best interest of the Owner.

ARTICLE 21—LAWS AND REGULATIONS

21.01 The Contractor shall comply with local, District, County, State, and Federal laws applicable to the work

21.02 The Contractor shall comply with the Department of Labor Safety and Health Regulations for Constructions promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work and Safety Standards Act (PL 91-54). The regulations are administered by the Department of Labor and the Contractor shall allow access to the project to personnel from that Department.

ARTICLE 22—CONTRACTOR’S AND SUBCONTRACTOR’S INSURANCE

22.01 Contractor shall not commence work under this contract until all insurance required by the Supplemental Conditions, if any, have been obtained.

ARTICLE 23—WAGE RATE REQUIREMENTS

23.01 If the contract price is in excess of $100,000, provisions of the Contract Work Hours and Safety Standards Act at 29 CFR 5.5(b) apply.

ARTICLE 24—TERMINATION OF CONTRACTS

24.01 If the Owner is made to stop construction of the work because of an order from a Court or State Department, the contact shall be terminated. Payment will be made for work completed and a prorating of the work, underway, materials stored, and for the overhead and profit of the completed work and work underway. Payment will not be made for anticipated profit and overhead on work not completed.

Bid Bond

BID BOND

(Name of Contractor)

(Address of Contractor) a (Corporation, Partnership or Individual) hereinafter called Principal, and

(Name of Surety)

(Address of Surety) a Corporation of the State of , and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto

City of Winder (Name of Obligee)

138 Sweetwater Trail Winder, Georgia 30680 (Address of Obligee)

Thereinafter referred to as Obligee: in the sum of

Dollars

($ ) in lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal is about to submit, or has submitted, to City of Winder, Georgia, a proposal for furnishing materials, labor and equipment for:

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 Bid.

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 City of Winder, Georgia, and execute a sufficient and satisfactory Performance Bond and Payment Bond payable to City of Winder, Georgia, Performance Bond in an amount of 100% and Payment Bond in an amount of 110% of the total Contract Price, in form and with security satisfactory to said City of Winder, Georgia, and otherwise, to be and remain in full force and virtue in law, and the Surety shall, upon failure of the

Bid Bond

Principal to comply with any or all the foregoing requirements within the time specified above, immediately pay to City of Winder, 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.

PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. § 36-91-1 et seq., and is intended to be and shall be constructed as a bond in compliance with the requirements thereof.

Signed, sealed, and dated this day of A.D., 20 .

ATTEST:

(Principal Secretary) (Principal)

(SEAL) By:_________________________

(Witness as to Principal) (Address) (Address) (Surety)

ATTEST: By:_________________________ (Attorney-in-Fact) Resident or Nonresident Agent

(SEAL) ____________________________

(Address) (Witness as to Surety)

(Address)

Qualifications of Bidder

QUALIFICATIONS OF BIDDER

THE INFORMATION SUPPLIED IN THIS DOCUMENT IS CONFIDENTIAL TO THE

EXTENT PERMITTED BY LAWS AND REGULATIONS. EACH PROPOSAL WILL BE

EVALUATED AS DESCRIBED IN THE INSTRUCTIONS TO BIDDERS.

1. SUBMITTED BY:

Official Name of Firm:_________________________________________________________________

Permanent Office Address:______________________________________________________________

2. SUBMITTED TO: City of Winder

3. CONTRACTOR'S CONTACT INFORMATION:

Contact Person:_______________________________________________________________________

Title:_______________________________________________________________________________

Phone:______________________________________________________________________________

Email:______________________________________________________________________________

4. AFFILIATED COMPANIES, IF ANY:

Name:______________________________________________________________________________

Address:____________________________________________________________________________

5. TYPE OF ORGANIZATION (check and complete as appropriate):

SOLE PROPRIETORSHIP

Name of Owner: ______________________________________________________________________

Doing Business As: ____________________________________________________________________

Date of Organization: __________________________________________________________________

PARTNERSHIP

Type of Partnership: ___________________________________________________________________

Name of General Partners: ______________________________________________________________

CORPORATION

State of Organization: __________________________________________________________________

Executive Officers:

President: _________________________________________________________

Vice President(s): ___________________________________________________

Treasurer: _________________________________________________________

Secretary: _________________________________________________________

LIMITED LIABILITY COMPANY

State of Organization: __________________________________________________________________

Members: ___________________________________________________________________________

JOINT VENTURE

State of Organization:__________________________________________________________________

Date of Organization:__________________________________________________________________

Form of Organization:__________________________________________________________________

Joint Venture Managing Partner:

Name:________________________________________________________________________

Address_____________________________________________________________________________

Name:_________________________________________________________________

Address________________________________________________________________

Name:_________________________________________________________________

Address________________________________________________________________

6. LICENSING

Jurisdiction:

Type of License:

License Number:

Jurisdiction:

Type of License:

License Number:

7. CERTIFICATIONS CERTIFIED BY:

Disadvantage Business Enterprise:

Minority Business Enterprise:

Woman Owned Enterprise:

Small Business Enterprise:

Other ( ):

8. BONDING INFORMATION

Bonding Company:

Address:

Bonding Agent:

Contact Name:

Phone:

Aggregate Bonding Capacity:

Available Bonding Capacity as of date of this submittal:

9. CONSTRUCTION EXPERIENCE:

A. Current Experience (Projects on Hand):

List on Schedule A all uncompleted projects of similar size, scope, and complexity currently under contract or in progress as of the date of this Bid.

B. Previous Experience:

List on Schedule B all projects of similar size, scope, and complexity completed within the last

3 years.

C. Has your firm ever failed to complete a construction contract awarded to it?

YES NO

If YES, attach as an Attachment details including Project Owner's contact information.

D. Has any Corporate Officer, Partner, Joint Venture participant or Proprietor ever failed to complete a construction contract awarded to them in their name or when acting as a principal of another entity?

E. Are there any judgments, claims, disputes or litigation pending or outstanding involving your firm or any of its officers in the past five years (or any of its partners if a partnership or any of the individual entities if a joint venture)?

F. Has your firm been involved in liquidated damages in the past five years or served the Owner with a claim for additional compensation prepared by an attorney or a claims consultant, excluding routine change order requests?

If YES, attach as an Attachment details including Project Owner’s contact information.

10. SUBCONTRACTORS:

List on Schedule D the information about the Subcontractors you propose to use on this project.

Provide any information relative to bonding issues or liens that have been filed within the last three years on past or current projects.

I HEREBY CERTIFY THAT THE INFORMATION CONTAINED HERETO AND SUBMITTED HEREWITH,

INCLUDING ANY ATTACHMENTS, IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.

Name of Organization

By

Title

Date

SWORN AND SUBSRIBED BEFORE ME

THIS THE ___ DAY OF __________, 20__

NOTARY PUBLIC

My Commission Expires:______________

REQUIRED ATTACHMENTS

1. Schedule A (Current Experience)

2. Schedule B (Previous Experience)

3. Schedule D (Subcontractors)

4. Additional items as pertinent

Schedule A

SCHEDULE A (CURRENT PROJECTS ON HAND)

CURRENT EXPERIENCE

Project Name Owner’s Contact Person Design Engineer Contract

Date

Type of

Work

Complete

Contract

Amount

Name:

Telephone:

Company:

Begin:

End:

Company:

Company:

Company:

Company:

Company:

Company:

Schedule B

SCHEDULE B (PREVIOUS EXPERIENCE)

PREVIOUS EXPERIENCE (Include Relevant Projects Completed within last 3 years)

Project Name Owner’s Contact Person Design Engineer Contract

Date

Type of

Work

Complete

Contract

Amount

Company:

Company:

Company:

Company:

Company:

Company:

Company:

Schedule D

SCHEDULE D (SUBCONTRACTORS)

Provide the following information about the Subcontractors you propose to use on this project

Sub’s Name Sub’s Permanent Office Location

(City & State)

Work Sub Will Perform Dollar

Value

Have you worked with this Sub previously?

Noncollusion Affidavit

NONCOLLUSION AFFIDAVIT

STATE OF GEORGIA

COUNTY OF _________

____________________________________, being first duly sworn, deposed and says the following:

(1) Prime Contractor is

_________________________________________________________________________of (owner, partner, officer, representative, or agent)

_______________________________________________________________________, the Bidder that has submitted the attached Bid;

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

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

(4) Pursuant to O.C.G.A. Section 36-91-21 (d) and (e) neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affidavit, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner directly or indirectly sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Winder (Local Public Agency) or any person interested in the proposed Contract and;

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

(6) Prime Contractor has not directly or indirectly violated §OCGA 36-91-21 (d).

_______________________________ SWORN AND SUBSCRIBED BEFORE ME

Name THIS __ DAY OF ______________, 20___.

Title ___________________________________

NOTARY PUBLIC

My Commission Expires:_________________

Corporate Certificate

CORPORATE CERTIFICATE

I,_______________________________________________, certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid;

that_________________________________________, who signed said bid in behalf of the

Contractor, was then (Title)____________________________________________of said

Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of______________________________________.

This day of , 20 .

(Seal) Signature

Oath of Successful Bidder

OATH OF SUCCESSFUL BIDDER

CITY OF WINDER, GEORGIA

Personally appeared before the undersigned officer duly authorized by law to administer oaths _______________________________________________ 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 Winder, Georgia on the following project:

CITY POND ROAD GUARDRAIL INSTALLATION

PROJECT NO. TS25-01

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 induced or attempted to induce another to withdraw a bid for said Work.

By:______________________ _____________________________________

Signature of Bidder

Name - Typed or Printed

Title

Sworn and subscribed before me this __________ day of ___________, 20____

Notary Public_______________________

Contractor Affidavit

CONTRACTOR AFFIDAVIT under O.C.G.A. § 13-10-91(b)(1)

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of City if Winder, Georgia has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-

91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with sub-contractors who present an affidavit to the sub-contractor with the information required in O.C.G.A. § 13-10-91(b). The undersigned contractor shall submit, at the time of such contract, this affidavit to ______________________________(name of contractor with whom such sub-contractor has privity of contract). Additionally, the undersigned contractor will forward notice of the receipt of any affidavit from a sub-contractor to _______________(name of contractor with whom such sub-contract has privity of contract). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal work Authorization User Identification Number

Date of Authorization

Name of Contractor

Name of Project

Name of Public Employer

If undersigned is not required to register for or participate in a qualifying federal work authorization program at this time, please fill in the blank spaces above with NOT APPLICABLE and sign and notarize below.

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

Sworn and Subscribed before me on this the _____ day of __________, 20__.

Notary Public My Commission Expires:

Sub-Contractor Affidavit

SUBCONTRACTOR AFFIDAVIT AND AGREEMENT

By executing this affidavit, the undersigned sub-contractor verifies its compliance…