24_041 Transfer Station ITB.pdf

Douglas County Board of Commissioners

Procurement Department

8700 Hospital Drive

Douglasville, GA 30134

INVITATION TO BID

COVER SHEET

BID NUMBER: 24-041

BID TITLE: BUILD SERVICES FOR COUNTY’S NEW LANDFILL TRANSFER

STATION

ISSUE DATE:

PRE-BID MEETING

WEDNESDAY, OCTOBER 23, 2024, 1:00 PM EDT

NON-MANDATORY-TUESDAY, NOVEMBER 5, 2024, 10AM

EDT. Douglas County Landfill, 1730 County Services

Road, Douglasville, Georgia 30134.

QUESTION DEADLINE: TUESDAY, NOVEMBER 12, 2024, 4:00 PM EDT

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

RESPONSE TO QUESTIONS

BID CLOSING DATE:

FRIDAY, NOVEMBER 15, 2024, 4:00 PM EDT

FRIDAY, NOVEMBER 22, 2024, 2:00 PM EDT

The County reserves the right to modify or alter the following procurement schedule as needed.

GOODS OR SERVICES TO BE DELIVERED TO OR

PERFORMED AT:

Douglas County Board of Commissioners 8700 Hospital Drive Douglasville, Georgia 30134

SINGLE POINT OF CONTACT (SPC)

Anthony Choice, Interim-Director of Procurement

EMAIL ADDRESS:

dcpurchasing@douglascountyga.gov

DOCUMENTS INCLUDED IN THIS PACKAGE: Request for BID

Douglas County Board of Commissioners promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status. Douglas County reserves the right to cancel this BID at any time and for any reason prior to the award of a contract by the Board of Commissioners.

mailto:dcpurchasing@douglascountyga.gov

I. INTRODUCTION

Douglas County (“Owner” or the “County”) is issuing this Request for Proposal (“RFP”) to solicit commercial and technical proposals (“Proposals”) from bidders (“Respondents”) for the site preparation, demolition and construction of the new Landfill Transfer Station located at 1730 County Services Road, Douglasville, GA 30134 (the “Project”). Capitalized terms in this RFP, if not defined here, are defined in the Agreement (defined below) for the Project.

The Transfer Stations will provide for the transferring of municipal solid waste, recyclables, and other materials to support the County residents, businesses, and institutions in their efforts to manage their waste along with some out of County solid waste and recyclables.

The Project will include the following: 1. Building Demolition 2. Clearing and Grubbing 3. Erosion Control

4. Site Utilities 5. Grading and backfill 6. Foundation Construction 7. Slab Construction 8. Building Construction 9. Electrical, Plumbing, and Drainage systems 10. Fire Sprinkler System (Dry) 11. Truck scales in new transfer station tunnel 12. Reconstruction of old transfer station and construct a new transfer station.

The Project will be funded with SPLOST funds. The Project is required to comply with State and Federal statutes, rules and regulations, as well as those of Douglas County, including local permitting of the project.

Additionally, the Project must comply with all SPLOST rules, regulations, specifications, and requirements.

II. QUESTIONS AND RESTRICTIONS ON COMMUNICATION WITH COUNTY PERSONNEL

Respondents must submit any questions regarding this solicitation electronically in BidNet by the due date and time for questions specified in this RFP. Only questions submitted via BidNet will be accepted and addressed.

Responses to questions received during the solicitation time period are posted on the website at https://www.bidnetdirect.com/georgia/douglascounty in an addendum. Respondents who fail to report a known or suspected problem with this solicitation or who fail to seek clarification or correction of this solicitation do so at their own risk.

From the issue date of this RFP and until a builder is selected for contract award and the selection is made public, Respondents are not allowed to communicate for any reason with members of the Board of Commissioners, Douglas County employees and/or contracted agents (collectively, “Douglas County Personnel”) related to the solicitation except through the issuing officer (or his/her designee) named in the solicitation. Prohibited communications with Douglas County Personnel include but are not limited to telephone calls, electronic mail, facsimiles, letters, and in-person communications, such as lunch meetings or entertainment.

A Respondent’s violation of these communication restrictions may lead to disqualification of the Respondent’s Proposal from consideration for award and other disciplinary actions from the County, including suspension or debarment from business with the County.

Notwithstanding the foregoing, the communication restrictions with Douglas County Personnel shall not apply to (a) communications during the pre-bid conference in the presence; (b) as necessary to perform existing contracts with the County; or (c) pursuant to any protest process.

III. PROJECT LIMITS AND OVERVIEW

Owner has approved a maximum budget of Four Million Dollars ($ 4,000,000) for the total and construction of the Project (the "Project Budget”). -Builder’s contract price may not exceed the Project Budget.

As part of the Project, -Builder shall provide all labor, equipment, material, and services described in and reasonably inferable from the plans, specifications, schematics, narratives, and other documents provided by the County (the “Criteria Documents”), which are attached to and part of this RFP. By submitting a proposal, the -Builder acknowledges it has carefully reviewed the RFP, its exhibits, and the Criteria Documents.

The -Builder shall review the County’s -Build Agreement (the “Agreement”), which shall be utilized for this Project. A copy of the Agreement is attached to and a part of this RFP or will be issued in a subsequent addendum. -Builder acknowledges Owner will not make modifications to terms and conditions of the Agreement, except in Owner’s sole discretion.

IV. ADDENDA TO THE RFP

Owner will issue any additions or revisions to this RFP by addenda electronically in BidNet. The addenda will become part of the solicitation. Failure to acknowledge any addenda shall not relieve a Respondent of compliance with the terms thereof. The County assumes no responsibility for oral instructions. It is the bidder’s responsibility to review BidNet periodically to determine if addenda have been prepared and posted.

All addenda to the RFP will become part of the Contract Documents and the Agreement.

V. GENERAL SCOPE OF WORK

The following is a non-exhaustive list of the work to be provided by the Builder. The full scope of services will be defined further within the Criteria Design Documents and the Agreement.

A. Construction Phase

1. Maintain on-site staff for construction management.

2. Establish and maintain coordinating procedures.

3. Develop and maintain a detailed schedule (CPM) including delivery, approvals, inspection, testing, construction, and occupancy.

4. Conduct and record job meetings.

5. Prepare and submit change order documentation for approval of the County.

6. Maintain a system for review and approval of shop drawings.

7. Maintain records and submit bi-weekly reports and formal monthly reports to the

County.

8. Maintain quality control and ensure conformity to plans.

9. Obtain all necessary inspections as required by permitting authority.

10. Provide cost control through progress payment review and verifications according to the approved schedule and contract amounts.

11. Obtain Certificate of Occupancy and other relevant approvals and documents on both buildings for the County to use the Project.

12. Develop as-built drawings and deliver to County for inclusion into a CADD disk to be submitted to Douglas County for maintenance and operations use.

13. Coordinate post-completion activities, including the assembly and delivery of guarantees, manuals, closeout documents, training, to the County for the County’s final acceptance of the Project.

B. Warranty Phase

1. Coordinate, monitor and complete the resolution of remaining “punch-list” items.

2. Coordinate, monitor, and resolve all warranty issues to the satisfaction of the County during the correction of work warranty period and as extended.

Contractor shall adhere to all local, county, state, and federal laws, codes, statutes, and regulations applicable to the Project, including but limited to any building codes, life safety codes, and the Americans with Disabilities Act.

VI. SUBMITTING PROCEDURES

Proposals must be submitted in BidNet and shall be presented in accordance with the instructions of this solicitation and within the time constraints stated.

All Proposals must be in accordance with the purposes, conditions, and instructions provided in this RFP.

Douglas County assumes no responsibility for proposals received after the submission time, whether due to mail delays or any other reason. Proposals received after the submission time will be filed unopened and considered non-responsive. Unsigned proposals will not be considered. Douglas County reserves the right to retain all proposals submitted. It is the Respondent’s responsibility to ensure that its proposal is submitted in a timely and proper manner.

The County reserves the right to accept or reject any or all proposals and to waive minor irregularities and technicalities. The judgment of the County on such matters shall be final.

Except, as otherwise provided by law, information submitted by a Respondent in the proposal process shall be subject to disclosure after proposal award in accordance with the Georgia Open Records Act. Proprietary information in a Proposal must be identified by a Respondent. Entire Proposals may not be deemed proprietary.

VII. SELECTION CRITERIA

The proposals will be evaluated based on the information presented in the RFP. Award will be made to the highest scoring responsive and responsible proposer according to the criteria stated in the RFP. The County may conduct such investigations or interviews, as it deems necessary to assist in the evaluation of any qualifications submitted and to establish to Douglas County’s satisfaction the responsibility, qualifications, and financial ability of any Respondent. Respondents shall not assume that the County will elect to pursue any discussion or interviews.

A selection committee designated by Douglas County will evaluate and rank each responsive proposal, with the three top-ranked Respondents presented to the Douglas County Board of Commissioners for authorization to negotiate an Agreement with the top-ranked Respondent. The failure to timely reach an acceptable contract with the top ranked Respondent will result in the termination of those negotiations and the commencement of negotiations for an acceptable contract with the next highest ranked Respondent and successive Respondents, if necessary. The ranking of the proposals will be based on the evaluation criteria as follows:

1. Experience and Performance

a. Review of past performance on Douglas County projects or other projects of similar nature and complexity as the proposed project.

b. Evaluation of client references whether included in the response or not; and

c. Evaluation of litigation history for the past five (5) years, including for each case:

i. Style of the case, parties to the litigation, court in which litigation was filed, and civil action number.

ii. Nature of claims;

iii. Whether the case is pending or resolved, and, if resolved, the date of and manner in which it was resolved (e.g., relief granted by court, settlement by or among parties, dispositive motion, trial verdict).

2. Staffing

a. Evaluation of the list of personnel specifically assigned to the proposed project, including their qualifications, overall experience and recent experience on projects of similar scope and complexity to the proposed project.

3. Availability

a. Evaluation of the workload of the Respondent and the staffing to be assigned to the proposed project;

b. Evaluation of Respondent’s ability to properly staff and complete the Project.

c. Time schedule of the Respondent in relation to that of the proposed project location of the offices or facilities from which the services are to be provided to the County.

4. Approach

a. Evaluation of the overall understanding of the scope of the proposed project

b. Completeness, adequacy, and responsiveness to the required information of the RFP.

5. Financial Stability

a. The Respondent shall submit a statement of financial stability prepared by a financial data service (e.g. Moody’s), an audited financial statement, or a certification to the effect that the Respondent has sufficient financial resources and stability to successfully complete the project and that a financial statement is available upon request.

6. Cost of Services

a. Evaluation of the Respondent’s cost estimates and percentages and ability to provide the services required within this RFP within the Project Budget.

7. Other

a. Other information the County requests pertinent to completion of a successful Project.

It is anticipated that an Agreement for the described work will be entered into with the Respondent that, in the opinion of Douglas County, offers the most favorable qualifications. The evaluation by the Selection Committee will be based on the criteria listed above and the ability of the Respondent to successfully carry out the Agreement. Proposals shall be prepared per the following Sections, as well as a one-page letter of transmittal signed by an owner, officer, or authorized agent of the Respondent acknowledging and accepting the terms and conditions of this RFP, an executed Conflict of Interest Statement and non-collusion affidavit.

The County reserves the right to reject or accept any or all proposals and to waive technicalities, informalities and minor irregularities in the proposals received. Failure to observe any of the instructions or conditions in this request for proposal may constitute grounds for rejection of the proposal. The County reserves the right to make an award as deemed in its best interest which may include awarding a proposal to a single Respondent or multiple Respondents; or to award the whole proposal, only part of the proposal, or none of the proposal to single or multiple Respondents, based on its sole discretion of its best interest.

VIII. PROVIDE THE FOLLOWING QUALIFICATIONS AND INFORMATION:

A. Respondent’s Information Provide the following:

1. Respondent local name, address, and telephone number

2. Primary local contact person(s) and telephone number(s)

3. Total number of Respondent’s local full-time employees

4. Year firm established

5. List of all litigation (including description and outcome) involving the Respondent in the last five (5) years.

6. List any OSHA violations within the past three (3) years.

7. State your Experience Modification Factor, for the past three (3) years, as related to your Workman’s Comp. Rates.

B. Experience/Performance

1. List of comparable construction projects completed in the last five (5) years.

Include:

a) Size and type of the Project,

b) Cost of the Project,

c) Time to construct facility,

d) Description and cost of prime contract change orders,

e) Special features (e.g., energy conservation), and

f) Awards received for the Project.

2. Provide no more than 3-5 examples of your experience as prime contractor in constructing facilities similar to this project (OR other public and private projects that indicate similar experience). For each of these projects:

a) Provide photographs.

b) Provide a reference familiar with your performance on the project. It is the

Respondent’s responsibility to ensure that the listed contact and phone number are current.

c) Provide a Program Manager reference (if applicable).

d) List the individual who served as the Project Executive/Director, architect, Project Manager, Superintendent, and Cost Estimator. Please note whether this individual is still employed with Respondent.

3. For those projects listed in 1 and 2 above, indicate those projects that included architect, engineering consultant, and contractor serving a corporate or public client as a team.

C. Staffing

1. Provide a proposed Organizational Chart, which identifies individual names and areas of responsibility, include the County and those individuals listed in Section C.2.

2. Submit brief resumes of each key team member, as listed below, in this section of the proposal.

a) Project Manager

b) Superintendent

c) Field Engineer

d) Safety Supervisor

e) Specialty consultants as applicable

f) Materials testing & inspection consultant

g) Major Subcontractors key individuals

3. Resumes shall show at least the following:

a) Name, specialty, job title, and project job title.

b) Years of relevant experience with Respondent, and experience with previous employers. Project experience descriptions must include dates.

c) Academic degree(s), discipline and year degree(s) received.

d) Professional licenses and registrations.

e) Name of the firm(s) responsible for the individual and office location where employed.

f) A synopsis of specific experience, skills, training, or other qualities, which demonstrate the individual’s ability to fulfill the duties of their position.

4. Please identify the individual who, from project start to finish, will be the leader of your construction team and the principal point of contact between your firm and the County along with other consultants.

D. Availability

1. Provide a statement of Respondent’s capability to absorb the workload for this Project, including the availability of personnel, and commitment to providing services on a timely basis and within the milestone dates for the Project.

2. Provide a current list of other commitments by the Build Contractor and its key team members and estimated completion dates by project in this section of the proposal.

Indicate the current commitments of individual staff to be assigned to the project and involvement with other projects.

E. Approach

1. Provide a comprehensive outline of the steps you propose in order to meet the services required in this RFP. This detail shall indicate what is to be done, who individually, and by name is responsible for doing it, and when it is to be completed.

2. Please answer the following questions and/or provide adequate responses:

a) Provide one page overview of services typically performed for similar projects

b) How would you implement these services to ensure the success of this project?

c) How does your firm implement cost control and scheduling activities during preconstruction?

d) Explain your approach to value engineering, citing relevant, specific examples.

e) Occasionally, subcontractors and suppliers go bankrupt during the course of a project. What would you do to protect the County from being adversely affected by such an occurrence?

f) Describe how your firm would assist the County in assuring participation by local contractors. Include examples of other projects where you have been successful in meeting similar goals.

g) Describe your approach to team work on a project of this magnitude.

h) Describe how your firm intends to arrange the construction into bid packages in order to reach the county’s schedule and budget objectives.

F. Financial Stability

1. Submit a summary of receipts and fees for the last three (3) years, most recent year first, indicating gross receipts for Respondent and gross receipts for local office.

2. Provide a copy of the most recent three (3) completed years of audited financial statements (Income Statement and Balance Sheet).

3. Provide a letter of commitment from Surety or sureties regarding bonding capacity and availability.

G. Cost of Services Provide a pricing proposal that includes the following:

1.

1. Proposed Fee for Construction Phase services. Provide your proposed fee for construction phase services as a percentage of Cost of the Work (defined in the Agreement) with an explanation of the basis for such fee. This fee should represent your total profit and home office overhead for the Project since all costs of the work, including subcontract costs. This Fee shall not apply to General Conditions Work Items (defined below), preconstruction services, any unused Construction Contingency, permit fees, and premiums for insurance and bonds.

2. Proposed Fee and schedule for General Conditions/Overhead Items. Based upon the scope and character of the Project, provide (a) a detailed listing of all General Conditions Work Items (defined below) to be provided by the Respondent and not included in the construction services fee, and (b) the costs associated with such General Conditions Work Items. Such costs should directly correspond with the organizational chart and staffing plan. Please note that all such General Conditions Work Items are to be provided and paid for on a separate line-item basis. “General Conditions Work Items” include all direct personnel expenses and reimbursable expenses of the Respondent (including the Project-dedicated staff set forth in the staffing chart), jobsite trailers, temporary utilities, temporary facilities, and other reimbursable expenses (e.g., office supplies, equipment, furniture, reproduction costs, progress Project photos, computer software, and other items required specifically for the Project but that cannot be allocated to any particular trade).

3. Construction Contingency. Indicate the anticipated level of construction contingency to be contained within the GMP. Indicate your willingness to accept construction contingency reductions at pre-established levels and times to fund pre-designated add alternatives.

4. Billing Rates. Include any proposed hourly individual billing rates that correspond to the organizational chart and staffing plan.

AT THE TIME OF THE CONTRACT PRICE AMENDMENT, THE COUNTY MAY, IN ITS SOLE

DISCRETION ELECT TO PROCEED WITH THE PROJECT ON EITHER A GUARANTEED MAXIMUM

PRICE OR LUMP SUM PRICE

H. Other

At your option, you may provide any additional supporting documentation or information, which would be helpful in evaluating your firm’s qualifications and commitment.

1. Other Relevant Information. At the discretion of the Respondent, other relative information may be submitted with the Proposal in an effort to further demonstrate that the Respondent can serve the best interests and particular needs of the County on this Project.

2. Alternative Proposals. Alternative Proposals for suggested alternate approaches may be submitted; however, the base Proposal will be used for the comparison, evaluation, and ranking of Respondents. Alternative proposals must be clearly labeled and arranged in a separate section of the submittal package. Any alternative Proposals would only be considered if the County elects to pursue discussions, negotiations, and revisions of the base Proposal.

IX. MISCELLANEOUS

A. Addenda

Each proposal schedule shall include specific acknowledgment in the space provided of receipt of all addenda issued by the County. Failure to acknowledge may result in the proposal being rejected as non-responsive.

B. Land Acquisition This project will be constructed on land currently owned by Douglas County.

C. Interpretations No interpretation of the meaning of the drawings, specifications or other pre-RFP documents will be made to any Respondent orally. Every request for such interpretation must be in writing, addressed to the Douglas County Purchasing Department. Any and all such interpretations and any supplemental instructions will be in the form of written addenda. All addenda so issued shall become a part of the Contract Documents.

D. Site Examination The Respondent shall examine the site and shall make such examinations on the ground as may be necessary to thoroughly familiarize itself with the nature and extent of the proposed construction and with all local conditions affecting the work. The Respondent shall also accept the premises in its present condition and carry out all work in accordance with the requirements of the specifications and as shown on the drawings. The County will not be responsible for Respondent’s errors and misjudgment nor for failure to obtain any information on local conditions or general laws or regulations pertaining thereto. At the time of the opening of proposals each Respondent will also be presumed to have read and to be thoroughly familiar with the drawings, Contract Documents (including all addenda), and the construction specifications. The failure or omission of any Respondent to examine any form, instrument, or document shall in no way relieve any Respondent from any obligation in respect to his proposal.

E. Laws and Regulations; Licensing

The Respondent’s attention is directed to the fact that all applicable Federal and state laws, county and municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Project throughout, and they will be deemed to be included in the Contract the same as though herein written out in full.

The State of Georgia has requirements for the licensing of contractors engaged in specific types of construction, including general contracting, electrical, plumbing, and underground utility work [re: OCGA § 43-14]. Any contractor (or subcontractor of any tier) performing regulated work on this project shall furnish proof of valid and current registration to the County. Similarly, the State requirements concerning local business licenses shall be met.

F. Execution of Proposals The Respondent, in signing its proposal on the whole or any portion of the work, shall conform to the following requirements:

1. Proposals which are not signed by individuals providing said proposal shall have attached thereto a power of attorney evidencing authority to sign the proposal in the name of the person for whom it is signed.

2. Proposals which are signed for a partnership, shall be signed by all of the partners or by an attorney-in-fact. There should be attached to the proposal a power of attorney executed by the partners evidencing authority to sign the proposal.

G. Non-Collusion Affidavit The Georgia statute concerning public works construction contracting requires that any person who procures such work by bidding or proposal shall make an oath in writing that he/she has not prevented or attempted to prevent competition in such bidding [OCGA § 36- 91-21(d),I]. If the successful Respondent (“Builder”) is a partnership, all of the partners and any officer, agent, or other person who may have represented or acted for them in bidding for or procuring the contract shall make the oath and complete the Affidavit. If the Builder is a corporation, all officers, agents, or other persons who may have acted for or represented the corporation in bidding for or procuring the contract shall make the oath and complete the Affidavit. If such oath is false, the Agreement shall be void, and all sums paid by the County to the Respondent for and under the Agreement are refundable to the County.

H. Award of Project The Respondent to whom the Project is awarded will be required to execute the Agreement and obtain the performance bond, payment bond and provide insurance certificates acceptable to the County within twenty-one (21) calendar days from the date when the notice of award is issued to the Respondent. In case of failure of the Respondent to execute the Agreement or provide insurance or meet bonding requirements, the County may consider the Respondent in default, in which case the bid security accompanying the proposal shall become payable to the County.

X. SUBSTITUTIONS

Respondents offering and quoting on substitutions or who are deviating from the attached specifications shall list such deviations on a separate sheet to be submitted with their proposal. The absence of such a substitution list shall indicate that the Respondent has taken no exception to the specifications contained therein.

XI. INELIGIBLE RESPONDENTS

The County may choose not to accept the proposal of one who is in default on the payment of taxes, licenses or other monies owed to the County. Failure to respond three (3) consecutive times for any given commodity may result in removal from the list under that commodity.

XII. FIRM PRICES

Prices quoted in the Proposal shall be firm and best prices. Prices quoted must be valid for a minimum of ninety (90) days from the date of bid opening.

XIII. BONDS

For all projects with Proposals over $100,000 Respondents shall provide bid bonds using the form attached to this RFP. The penal sum of the bid bond shall be five percent (5%) of the estimated cost of the project.

Further, the winning Respondent agrees to obtain payment and performance bonds for itself and each subcontractor with a contract in excess of $50,000. The payment and performance bonds shall be procured in the manner provided in the Agreement.

XIV. PROPOSAL/PRESENTATION COSTS

The costs for development of the Proposal are the sole responsibility of the Respondent. Douglas County is not liable for any costs incurred by the respondent in preparation and/or presentation of proposals in response to this RFP or for travel and other costs related to this RFP.

EXHIBIT A

COMPLIANCE WITH GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

PROCEDURES & REQUIREMENTS

Pursuant to the “Georgia Security and Immigration Compliance Act,” Douglas County cannot enter into a contract for the physical performance of services unless the contractor registers and participates in the federal work authorization program to verify information of all newly hired employees or subcontractors.

Neither may any contractor or subcontractor enter a contract with the county in connection with the physical performance of services unless the contractor and/or subcontractor registers and participates in the federal work authorization program to verify information of all new employees. O.C.G.A. § 13-10-91.

Before any bid for the physical performance of services is considered, the bid must include a signed, notarized affidavit from the contractor attesting to the following: (1) the affiant has registered with and is authorized to use the federal work authorization program; (2) the user ID number and date of authorization for the affiant; and (3) the affiant is using and will continue to use the federal work authorization program throughout the contract period. O.C.G.A. § 13-10-91 (b) (1). Affidavits shall be maintained for five years from the date of receipt. O.C.G.A. § 13-10-91 (b) (1).

Upon contracting with a new subcontractor, a contractor or subcontractor shall, as a condition of the contract or subcontract, provide Douglas County with notice of the identity of any and all subsequent subcontractors hired or contracted by that contractor or subcontractor within five (5) business days of entering into a contract or agreement for hire with any subcontractor. Such notice shall include an affidavit including the subcontractor’s name, address, user ID number, and date of authorization to use the federal work authorization program. O.C.G.A. § 13-10-91 (b) (3).

Based upon the County’s experience and desire for full compliance, no work may be commenced by any subsequent subcontractor prior to notice being received by the County that the subcontractor (regardless of tier) is in compliance with the law and the attached Procedures & Requirements, including the preparation and submission of the Contractor (or Subcontractor) Affidavit & Agreement AND the Immigration Compliance Certificate PRIOR to the commencement of any work.

DEFINITIONS

Affidavit – a written statement made or taken under oath before an officer of the court or a notary public or other person who duly has been authorized so to act.

Affiant – the person who makes and subscribes to a statement made under oath (affidavit).

Physical Performance of Services – any performance of labor or services for a public employer using a bidding process or by contract wherein the labor or services exceed $2,499.99.

PROCEDURES & REQUIREMENTS. Proposals MUST INCLUDE a signed, notarized affidavit from the Respondent in the form attached as EXHIBIT A (CONTRACTOR AFFIDAVIT & AGREEMENT). If the affidavit is not submitted at the time of the bid, the Proposal will be non-responsive, and the Respondent will be disqualified.

Contract Language & Contractual Requirements: Affirmative language shall be contained in agreements for the performance of services to cover all statutory and County requirements; such language shall require that:

Affidavits in the form attached to these “Procedures & Requirements” must be executed from a contractor (and any subcontractors, regardless of tier) and notarized, showing compliance with the requirements of O.C.G.A. § 13-10-91 and that such be made part of the contract and/or subcontracts;

That the contractor (and any subcontractors, regardless of tier) fully comply with the requirements for completing and submitting the “Immigration Compliance Certification” and that such certification be received by the County prior to the commencement of any work under the contract or subcontract;

That the contractor (or any subcontractor, regardless of tier) notify the County within five (5) business days of entering into a contract or other agreement for hire with any subcontractor(s), regardless of tier;

That the contractor be responsible for obtaining and providing to the County the “Subcontractor Affidavit & Agreement” and “Immigration Compliance Certification” attached to and required under these “Procedures & Requirements” from each subcontractor, regardless of tier, employed or retained for work under the contract prior to the commencement of any work under the contract or any subcontract;

That Douglas County, Georgia, reserves the right to dismiss, or require the dismissal of, any contractor or subcontractor for failing to provide the required affidavit or certification and/or for failure to comply with the statutory requirements of O.C.G.A. § 13-10-91 and/or for providing false or misleading information upon the required affidavit(s) or certification(s);

That any contractor and/or subcontractor retaining any other subcontractor to perform services under the contract provide legal notice to any subcontractor of the requirements of Douglas County for immigration compliance and further provide notice that Douglas County, Georgia, reserves the right to dismiss, or require the dismissal of, any contractor or subcontractor for failing to provide the required affidavit or certification and/or for failure to comply with the statutory requirements of O.C.G.A. § 13-10-91 and/or for providing false or misleading information upon the required affidavit(s) or certification(s);

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

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

Immigration Compliance Certification: Prior to commencing work under any contract for the physical performance of services, the contractor shall complete the “IMMIGRATION COMPLIANCE CERTIFICATION” form attached to these “Procedures & Requirements” and submit the same to the County. Prior to allowing any other subcontractor to perform work under the contract, the contractor shall obtain a completed “IMMIGRATION COMPLIANCE CERTIFICATION” from each subcontractor (regardless of tier) and submit the same to the County.

ATTACHMENTS:

CONTRACTOR AFFIDAVIT & AGREEMENT (EXHIBIT A);

SUBCONTRACTOR AFFIDAVIT & AGREEMENT (EXHIBIT A-1);

IMMIGRATION COMPLIANCE CERTIFICATION (EXHIBIT A-2).

DISADVANTAGE BUSINESS ENTERPRISE (DBE) (EXHIBIT B)

DEB MONTHLY PARTICIPATION REPORT (EXHIBIT C)

CONFLICT OF INTEREST (EXHIBIT D)

NON-COLLUTION ADDENDUM (EXHIBIT E)

PROPOSAL LETTER (EXHIBIT F)

PROPOSAL SCHEDULE (EXHIBIT G)

BID BOND (EXHIBIT H)

CIVIL PLANS (EXHIBIT I)

ARCHITECTURAL PLANS (EXHIBIT J)

CONTRACTOR AFFIDAVIT & AGREEMENT

(EXHIBIT A)

This affidavit must be signed, notarized, and submitted with any bid requiring the performance of physical services. If the affidavit is not submitted at the time of the bid, the bid will be determined non-responsive and will be disqualified.

By executing this affidavit, the undersigned contractor verifies compliance with O.C.G.A. §13-10-91, stating affirmatively that the individual, firm or corporation which is contracting with Douglas County, Georgia, has registered with, is authorized to use, and is participating in a federal work authorization program (an electronic verification of work authorization program operated by the U.S. Department of Homeland Security or any equivalent federal work authorization program operated by the U.S. Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA)). The undersigned contractor further attests that it will continue to use the federal Employment Eligibility Verification (EEV) work authorization program throughout the contract period.

The undersigned further agrees that should it employ or contract with any subcontractor(s) or should its subcontractor(s) employ other subcontractor(s) for the physical performance of services pursuant to the contract with Douglas County, Georgia, the contractor, or subcontractor will:

(1) Notify the County within five business days of entering into a contract or agreement for hire with any subcontractor(s);

(2) Secure from any subcontractor(s) and/or their subcontractor(s) verification of compliance with O.C.G.A. § 13-10-91 on the attached Subcontractor Affidavit (EXHIBIT A-1) prior to the commencement of any work under the contract/agreement.

(3) Secure from any subcontractor(s) and/or their subcontractor(s) a completed Immigration Compliance Certification (EXHIBIT A-2) prior to the commencement of any work under the contract/agreement.

(4) Provide the subcontractor(s) with legal notice that Douglas County, Georgia, reserves the right to dismiss, or require the dismissal of, any contractor or subcontractor for failing to provide the affidavit and/or for failure to comply with the requirements referenced in the affidavit;

(5) Maintain records of such compliance and provide a copy of each such verification to Cobb County, Georgia, at the time the subcontractor(s) is retained to perform such services or upon any request from Douglas County, Georgia; and

(6) Maintain such records for a period of five (5) years.

EEV (E-Verify) Program Number EEV Program Date of Authorization

BY: Authorized Officer or Agent Contractor Business Name [Contractor Name]

Printed Name Date

SWORN AND SUBSCRIBED BEFORE ME

ON THIS THE ____ DAY OF ____________, 20__

Notary Public Commission Expires: _______

SUBCONTRACTOR AFFIDAVIT & AGREEMENT

(EXHIBIT A-1)

By executing this affidavit, the undersigned subcontractor 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 Douglas County, Georgia, has registered with, is authorized to use, and is participating in a federal work authorization program (an electronic verification of work authorization program operated by the U.S. Department of Homeland Security or any equivalent federal work authorization program operated by the U.S. Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA)). The undersigned contractor further attests that it will continue to use the federal Employment Eligibility Verification (EEV) work authorization program throughout the contract period.

The undersigned further agrees that should it employ or contract with any subcontractor(s) or should its subcontractor(s) employ other subcontractor(s) for the physical performance of services pursuant to the contract with Douglas County, Georgia, the undersigned subcontractor will:

(1) Notify the County within five business days of entering into a contract or agreement for hire with any subcontractor(s);

(2) Secure from any subcontractor(s) and/or their subcontractor(s) verification of compliance with O.C.G.A. § 13-10-91 on this Subcontractor Affidavit form (EXHIBIT A-1) prior to the commencement of any work under the contract/agreement;

(3) Secure from any subcontractor(s) and/or their subcontractor(s) a completed I immigration

Compliance Certification (EXHIBIT A-2) prior to the commencement of any work under the contract/agreement;

(4) Provide the subcontractor(s) with legal notice that Douglas County, Georgia, reserves the right to dismiss, or require the dismissal of, any contractor or subcontractor for failing to provide the affidavit and/or for failure to comply with the requirements referenced in the affidavit;

(5) Maintain records of such compliance and provide a copy of each such verification to Douglas County, Georgia, at the time the subcontractor(s) is retained to perform such services or upon any request from Douglas County, Georgia; and

(6) Maintain such records for a period of five (5) years.

EEV (E-Verify) Program Number EEV Program Date of Authorization

BY: Authorized Officer or Agent Subcontractor Business Name [Subcontractor Name]

Printed Name Date

SWORN AND SUBSCRIBED BEFORE ME

ON THIS THE ____ DAY OF ____________, 202__

Notary Public Commission Expires: ______

IMMIGRATION COMPLIANCE CERTIFICATION

(Required to be completed by Contractors and all Subcontractors)

(EXHIBIT A-2)

I certify to the Douglas County Board of Commissioners that the following employees will be assigned to:

(Project Name/Description)

I further certify to Douglas County, Georgia the following:

● The E-Verify program was used to verify the employment eligibility of each of the above-listed employees hired after the effective date of our contract to use the program;

● We have not received a Final Non-confirmation response from E-Verify for any of the employees listed.

● If we receive a Final Non-confirmation response from E-Verify for any of the employees listed above, we will immediately terminate that employee’s involvement with the project.

● I have confirmed that we have an I-9 on file for every employee listed above and that to the best of my knowledge all the I-9s are accurate.

● To the best of my knowledge and belief, all of the employees on the above list are legally authorized to work in the United States.

● If any other employee is assigned to this Douglas County project, a certification will be provided for said employee prior to the employee commencing work on the project.

To the best of my knowledge and belief, the above certification is true, accurate and complete.

Sworn to by: Employer Name & Address:

Signature of Officer

Printed Name/Title

Date

SWORN AND SUBSCRIBED BEFORE ME

ON THIS THE ____ DAY OF ____________, 202_

Notary Public Commission Expires: ______

EXHIBIT B

Disadvantaged Business Enterprises (DBE)

The following provisions should be carefully read to determine applicability to your business.

Douglas County Government encourages the participation of all businesses in offering their services and/or products. The Douglas County Government has the goal to fairly and competitively procure the best product at the most reasonable cost. A Disadvantaged Business Enterprise (DBE) goal of fifteen percent (15%) has been established for this project.

A Disadvantaged Business Enterprise (DBE) is generally defined as a Female, Black American, Hispanic American and any other minority owned business. The Federal Government has long had program in place to ensure participation of DBE vendors and suppliers. The State of Georgia has established a similar program whereby DBE firms are defined, certified and made known. This effort is managed by the Georgia Department of Transportation (GDOT). More information can be obtained from GDOT web site:

http://www.dot.state.ga.us/eeo-div/index.shtml

The Douglas County Government addresses DBE business participation (frequency and dollar value) in the following ways:

Douglas County wishes to identify all DBE participation; both at the contractor and sub-contractor levels in the following ways.

DBE businesses are requested to identify such status at the time they register as a vendor.

DBE businesses are requested to identify themselves at the time they propose to do business. Please complete EXHIBIT B if applicable and return with bid submittal.

1. All businesses will receive with each Purchase Order an instruction sheet for use of the furnished Douglas County Government DBE Participation Report, EXHIBIT C.

Businesses are requested to complete this report and submit it with each invoice for the time period billed. Douglas County has established a Disadvantaged Business Enterprise Plan in accordance with the regulations of the U.S. Department of Transportation (U. S. Department of Transportation (USDOT), 49 CFR Part 26.) The Douglas County Department of Transportation is the lead agency for implementing the USDOT DBE Program for the County.

The Plan applies only to projects which are clearly indicated by the County.

http://www.dot.state.ga.us/eeo-div/index.shtml

DISADVANTAGED BUSINESS ENTERPRISE (DBE) IDENTIFICATION FORM

A Disadvantaged Business Enterprise (DBE) is generally defined as a woman, Black American, Hispanic American and any other minority owned business. If your firm is classified as a Disadvantaged Business Enterprise (DBE), please complete this form and submit with bid response or send to:

Douglas County Purchasing Department

Attn: Purchasing Director 8700 Hospital Drive

Douglasville, GA 30134 Fax: 770-528-1154

Email: dcpurchasing@douglascountyga.gov

Name of Business: ___________________________________________

Address: ___________________________________________

Telephone: _______________________

Fax: ________________________

Email: ________________________

Certification Number: _____________________________

Name of Organization Certification _____________________________

This information is acquired for informational purposes only and will have no bearing on the award unless otherwise stated.

Instructions for Completing Exhibit B Disadvantaged Business Enterprise (DBE)

Participation Report

The objective of this request is to assist in the identification of Disadvantaged Business Enterprise (DBE) business participation with the Douglas County Government and to quantify that participation.

Douglas County Government does not administer a DBE Certification Program. The principle certification agency for the State of Georgia is the Georgia Department of Transportation. As a Contractor/Vendor you are not responsible for verification of any DBE Certification information of your subcontractor.

1. *** Instructions **1. Contractor/Vendor is furnished the one-page DBE Monthly Participation Report with each Douglas County Government-issued Purchase Order. 2. Contractor/Vendor completes this report for each billing period and attaches it to the invoice to then be sent to the County department/agency receiving the service or product.3. Upon receipt of a Contractor/Vendor invoice and DBE report, the County department/agency receiving the service or product should keep a copy of the completed DBE report for their reporting process. In order to add or verify the prime contractor is registered as a DBE vendor in AMS, the County department/agency should send a copy of the DBE report to:

Douglas County Purchasing Division Attn.: DBE Report

All Douglas County Government contractors or vendors are requested to complete a report descriptive of any DBE subcontractor involvement in work for which the government is making payment. If otherwise specified in an RFP/ITB or contract, additional reporting forms may be required as well.

A Disadvantaged Business Enterprise (DBE) is a firm that is under the control of someone in an ownership position (at least 51%) that:

1. Has membership in one or more of the following groups: Female, Black American, Hispanic American, Native

American, Subcontinent Asian American and Asian-Pacific America. There may be other groups that may be eligible to be certified as DBE.

2. Is a U.S. citizen or lawfully admitted permanent resident of the U.S.

3. Has a personal net worth which does not exceed $750,000.

4. The business meets the Small Business Administration’s size standard for a small business. Its annual gross receipts for the three previous fiscal years cannot have exceeded $22,410,000. Depending on the type of work the business performs, other size standards may apply.

5. The business is organized as a for-profit business.

6. The business may also be DBE eligible as a certified U.S. Small Business Administration 8 (a) program.

Exhibit C Douglas County Government Disadvantaged Business Enterprise Participation

Monthly Report

Contractor/Vendor: Please keep this blank report to make copies as needed. Print or type in the report, then send the completed report to the County department/agency receiving the service or product.

County Departments: Keep a copy of this completed report and use the dollar figures to input into your quarterly DBE report to the DBE Liaison (Records Management Division). If you already have a similar reporting method of gathering the dollar figures continue to use it.