_427_23 Tires for Dawson County _ Annual Cont.pdf

DAWSON COUNTY GOVERNMENT

INVITATION FOR BID

FOR

TIRES FOR DAWSON COUNTY

EQUIPMENT/VEHICLES

SUBMISSIONS ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN

NOVEMBER 6, 2023, AT 10:30AM, EST

DAWSON COUNTY BOARD OF COMMISSIONERS

ATTENTION: PURCHASING MANAGER

25 JUSTICE WAY, SUITE 2223

DAWSONVILLE, GA 30534

BID # 427-23

THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS IFB ON OR BEFORE THE

STATED DATE AND TIME WILL BE SOLELY AND STRICTLY THE RESPONSIBILITY OF THE

OFFEROR.

ISSUE DATE: OCTOBER 2, 2023

Bid #427-23 Tires for Dawson County Equipment/Vehicles Page 2

TIRES FOR DAWSON COUNTY EQUIPMENT/VEHICLES

TABLE OF CONTENTS

PROPOSAL DOCUMENTS

Invitation to Bidders...………………………………………………………………….……3

General Overview……………………………………………………………………………4

General Conditions……………………………………………………………………….….9

Scope of Work ………………….…………..……….……………………………………..……...10

General Terms………………………………...…………………………………….……….16

Vendor’s Checklist Form………..………………………………………………………….30

Vendor’s Information Form………………………………………………………….…….31

Vendor’s Price Proposal Form…….………………….…………………………….……...32

Vendor’s Reference Form…………………………………………………………….………….35

Execution of Proposal Form…………………………………………………………….……

Addenda Acknowledgement Form ………………………………………………………….…37

Drug Free Work Place Form……………………………………………………………………..38

Certificate and Statement of Non-Collusion Form……..………………………….….……..39

Georgia Security and Immigration Compliance Act Affidavit…………………………..….41

Local Small Business Initiative………………………………………………………………….44

Sample Contract……………………………………………………………………………………57

Bid #427-23 Tires for Dawson County Equipment/Vehicles Page 3

DAWSON COUNTY, GEORGIA

Purchasing Department

25 Justice Way, Suite 2223

Dawsonville, Georgia 30534

Phone: 706-344-3500 x.42223; Email: mhawk@dawsoncounty.org

October 2, 2023

INVITATION

This is an invitation to submit a bid to Dawson County for multiple manufacturer and model numbers of vehicle and equipment tires, indicated herein. Details are listed under Section II.

Sealed bids will be received by the office of the Purchasing Manager at 25 Justice Way, Suite

#2223, Dawsonville, GA 30454.

Instructions for preparation and submission of a bid/proposal are contained in this packet.

Electronic packets may be found at https://vrapp.vendorregistry.com/Bids/View/BidsList?BuyerId=1bac094c-9726-497e-943b-

141544ec4bd4 Submissions must be typed or printed in ink. Prices submitted as a result of this invitation must include the Vendor Price Proposal Form and be returned in a sealed envelope or container marked, as Sealed Bid with the applicable Proposal Name and Proposal Number on the outside. The offer may not be considered unless so received. Proposals must be submitted no later than November 6, 2023, 10:30 a.m.

There will not be a pre-bid meeting for this solicitation. All questions/comments that may arise from this invitation must be submitted in writing and emailed to the Purchasing Manager at mhawk@dawsoncounty.org no later than October 19, 2023, at 1:00 p.m. All questions and answers will be posted to the County website and the Georgia Procurement Registry no later than October

26, 2023, at 1:00 p.m. Answers to question submitted that materially change the conditions and specifications of this invitation will be promulgated to the County website and the Georgia

Procurement Registry. Any discussions or documents will be considered non-binding unless incorporated and publicized in an addendum.

Dawson County provides equal opportunity for all businesses and does not discriminate against any person or business because of race, color, religion, sex, national origin and handicap or veteran status. This policy ensures all segments of the business community have access to supplying the goods and services need by Dawson County. Dawson County does not guarantee a minimum/maximum value for this contract.

Sincerely, Melissa Hawk Purchasing Manager https://vrapp.vendorregistry.com/Bids/View/BidsList?BuyerId=1bac094c-9726-497e-943b-141544ec4bd4 https://vrapp.vendorregistry.com/Bids/View/BidsList?BuyerId=1bac094c-9726-497e-943b-141544ec4bd4 mailto:mhawk@dawsoncounty.org

Bid #427-23 Tires for Dawson County Equipment/Vehicles Page 4

INVITATION FOR BID

FOR

TIRES FOR DAWSON COUNTY EQUIPMENT/VEHICLES

SECTION I – GENERAL OVERVIEW

A. INFORMATION TO VENDORS

1. BID SUBMISSION

One (1) original of the complete signed submittal must be received NOVEMBER 6, 2023, AT 10:30AM, EASTERN STANDARD TIME. Bids must be submitted in a sealed envelope stating on the outside, the vendor's name, address, BID #427-23

Tires for Dawson County Equipment/Vehicles to:

Dawson County Board of Commissioners

Attention: Purchasing Manager

25 Justice Way, Suite 2223

Dawsonville, GA 30534

Vendors should not email or fax copies of bids If vendors email or fax soft copies, vendor may be immediately disqualified. Soft copies will not be returned.

If sending proposal via UPS, Fed EX or USPS, please list the above information on the outside of the shipping package/envelope to ensure there is no error in opening prior to official opening date.

Hand delivered copies may be delivered to the above address between the hours of

8:00AM and 5:00PM EST, Monday through Friday, until the time of the bid opening, excluding holidays observed by the Dawson County Government. For a complete listing of holidays please visit www.dawsoncounty.org

If vendors are hand delivering the bid response package on the date of the bid opening, it must be received by the Purchasing Manager no later than 10:25 a.m., on the date of the bid opening specified above.

GPS Location

Some GPS systems cannot locate the above-named address. Vendors may search the following address if trying to visit the Dawson County Government Center: 25

Tucker Avenue, Dawsonville, GA 30534. Tucker Avenue is located on the East side of the Government Center. Upon arrival, please continue one block West on Shoal

Creek Road to Justice Way. Parking for the Government Center is available off of

Justice Way. Vendors should verify address is in Dawson County and not a surrounding community.

http://www.dawsoncounty.org/

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Coordinates: 34°25’23.08”N 34°25’23.08N 84°07’12.05

2. CONTACT PERSON

Vendors are encouraged to contact Melissa Hawk, Purchasing Manager at (706)

344-3501, by fax at (706) 531-2728 or email mhawk@dawsoncounty.org to clarify any part of the IFB requirements. All questions that arise prior to the

DEADLINE FOR QUESTIONS due date shall be directed to the contact person in writing via facsimile or email. Any unauthorized contact shall not be used as a basis for responding to this IFB and also may result in the disqualification of the vendor's submittal.

Vendors may not contact any elected official or other county employee to discuss the bid process or bid opportunities except: 1) through the Purchasing Manager named herein, or 2) as provided by existing work agreement(s). This policy shall be strictly enforced and the County reserves the right to reject the submittal of any vendor violating this provision.

3. ADDITIONAL INFORMATION/ADDENDA

Dawson County will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the due date posted on the county’s website under the bid information. Vendors should not rely on any representations, statements or explanations other than those made in this IFB or in any addendum to this IFB. Where there appears to be a conflict between the

IFB and any addenda issued, the last addendum issued will prevail. Vendors are advised to check the website for addenda before submitting their bids.

Vendors must acknowledge any issued addenda by including Attachment B-

Addenda Acknowledgement with the submittal. Proposals which fail to acknowledge the vendor’s receipt of any addendum will result in the rejection of the offer if the addendum contains information which substantively changes the

Owner’s requirements

4. LATE SUBMITTAL AND LATE MODIFICATIONS

Submittals received after the due date and time will not be considered.

Modifications received after the due date will not be considered. Dawson County

Government assumes no responsibility for the premature opening of a proposal not properly addressed and identified, and/or delivered to the proper designation.

5. REJECTION OF PROPOSALS/CANCELLATION

Dawson County Government reserves the right to reject any and all submittals and reserves the right to waive any irregularities or informalities in any submittal or in the submittal procedure, when to do so would be to the advantage of Dawson

County. Dawson County reserves the right to cancel this IFB at any time.

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6. MIMINUM IFB ACCEPTANCE PERIOD

Submittals shall be valid and may not be withdrawn for a period of 90 days from the date specified for receipt of submittals.

7. NON-COLLUSION AFFIDAVIT

By submitting a response to this IFB, the vendor represents and warrants that such proposal is genuine and not a sham or collusive or made in the interest or in behalf of any person not therein named and that the vendor has not directly or indirectly induced or solicited any other vendor to put in a sham proposal, or any other person, firm or corporation to refrain from submitting and that the vendor has not in any manner sought by collusion to secure to that vendor any advantage over any other vendor.

By submitting a proposal, the vendor represents and warrants that no official or employee of Dawson County Government has, in any manner, an interest, directly or indirectly in the proposal or in the contract which may be made under it, or in any expected profits to arise there from.

8. COST INCURRED BY VENDORS

All expenses involved with the preparation and submission of the IFB to the Dawson

County Board of Commissioners, or any work performed in connection therewith is the responsibility of the vendor(s).

9. BID OPENING

Bids will be opened and read immediately following bid deadline at the physical address stated in this document. A copy of the bid tabulation to the IFB will be posted on the County Website within three (3) days after the IFB has been opened.

10. OPEN RECORDS

All materials submitted in connection with this IFB will be public documents and subject to the Open Records Act, O.C.G.A. § 50-18-71, all other laws of the State of

Georgia and the open records policies of Dawson County Board of Commissioners.

All such materials shall remain the property of Dawson County and will not be returned to the respondent.

11. TAXES

Dawson County Government is tax exempt. No sales tax will be charged on any products or services. Dawson County cannot exempt any other person/vendor from applicable sales taxes that may be required of them in relations to this project. Selected vendor will be provided with Dawson County’s Sales and Use

Tax Certificate of Exemption number upon request.

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12. VENDOR INFORMATION

All submissions shall include a completed vendor information form, current copy of business license and current W-9. Failure to provide this information could result in the disqualification of the vendor from submitting a proposal.

13. INSURANCE

Selected vendor will be required to provide a Certificate of Insurance as proof of liability and workman’s compensation insurance while under contract with

Dawson County. Workman’s Compensation Insurance should be as required by the State of Georgia. General Liability at a minimum should cover $1,000,000 per incident. Dawson County Board of Commissioners shall be named as additionally insured for the project herein.

14. BONDS

If required, under SECTION II – SCOPE OF WORK of this document any combination of the following bonds may be requested by Dawson County. A five percent (5%) bid bond, a one hundred percent (100%) payment bond, and a one hundred percent (100%) performance bond. All bonds would be payable to

Dawson County Board of Commissioners. Failure to submit appropriate bonding will result in automatic rejection of bid. Bonding company must be authorized to do business in Georgia by the Georgia Insurance Commission, listed in the

Department of Treasury’s publication of companies holding certificates of authority as acceptable surety on Federal bonds and as acceptable reinsuring companies, and have an A.M. Best rating.

15. ANTI-DISCRIMINATION

Dawson County, in accordance with Title VI of the Civil Rights Act of 1964, 42

U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of

Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in

Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in response to this Invitation for Bid and will not be discriminated against on the grounds of race, color, national origin, sex, handicap/disability in consideration of an award.

By submitting their bids, all bidders certify to Dawson County that they will conform to the provisions of the Federal Civil Rights Act of 1964.

In every contract of over $10,000 the provisions in 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or

Bid #427-23 Tires for Dawson County Equipment/Vehicles Page 8 national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor.

Vendors may request this Invitation for Bid in another language by contacting

Purchasing Manager, Melissa Hawk at p) 706-344-3501, f) 706-531-2728 or via email at mhawk@dawsoncounty.org. All bid submissions must be returned in

English.

16. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

Vendors submitting a Qualification package in response to this IFB must provide the following information in the package to indicate compliance with the Georgia

Security and Immigration Compliance Act. The form is provided for completion.

A. A statement that indicates the contractor will conduct itself in compliance with O.C.G.A. §13-10-91 and Rule 300-10-.02 in the execution of the contract.

B. By completing the affidavit that is provided with this solicitation, the vendor is attesting to the following:

a. The affiant has registered with and is authorized to use the federal work authorization program;

b. The user identification number and date of authorization for the affiant;

c. The affiant is using and will continue to use the federal work authorization program throughout the contract period;

d. Any employee, contractor, or subcontractor of such contractor or subcontractor shall also be required to satisfy the requirements set forth in this paragraph; and

e. Upon contracting with a new subcontractor, a contractor or subcontractor shall notify Dawson County and shall deliver a

Bid #427-23 Tires for Dawson County Equipment/Vehicles Page 9 completed Subcontractor Affidavit to Dawson County within five (5) working days of entering into a contract or agreement of hire with the subcontractor before the new subcontractor begins any work.

C. Failure to provide the completed and notarized affidavit with the contractor’s proposal will result in immediate disqualification as required by the Georgia Security and Immigration Compliance Act.

17. GRATUITIES

Dawson County acknowledges that it may be customary to provide gifts to employees or departments. However, It shall be unethical for any County employee involved in making procurement decisions to have personal investments in any business entity that creates a Conflict between their private interests and their public duties.

It shall be unethical for any person to offer, give, or agree to give any

Dawson County employee, or for any Dawson County employee to solicit, demand, accept, or agree to accept from any vendor or business, a gift or gratuity in any amount in exchange for any decision, approval, disapproval, or recommendation concerning a solicitation.

SECTION II – GENERAL CONDITIONS

A. PURPOSE

Dawson County Purchasing Department is soliciting sealed bids for the purchase of various types and sizes of tires for Dawson County equipment and vehicles through an annual contract. The County does not guarantee a maximum value for this contract.

B. CONTRACT PERIOD

The term of a contract awarded as a result of this Invitation for Bids shall be effective

January 1, 2024 through December 31, 2024. The contract would have the option for two (2) additional one (1) year renewal terms. All standard warranties shall apply.

The contract shall terminate absolutely and without further obligation at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the County under this contract.

If, at any time, the County determines it is in its best interest to discontinue use of these services the County reserves the right to cancel this Agreement by giving thirty (30) days advance written notice.

Bid #427-23 Tires for Dawson County Equipment/Vehicles Page 10

The pricing for the 2020 calendar year shall remain as bid for the entire year. Any price increases for subsequent years must be submitted to the Dawson County Purchasing

Department no later than ninety (90) days prior to a renewal term.

Dawson County will not incur any costs as a result of this IFB or a contract.

C. SCOPE OF WORK

Specifications

The Contractor must provide the tires detailed in chart 2 below on an as-needed basis when a requested by the Dawson County Fleet Maintenance Director, or his designee.

The chart lists the most common tires used by the Dawson County Fleet Maintenance;

however, this department may request tires not listed within this document.

The Contractor must have the ability to provide the Fleet Maintenance Director, or his designee, with a catalog of products. The County’s preferred method of ordering is through an internet website equipped with on-line ordering. However, the county will accept the method of creating a spreadsheet to be emailed to a singular sales representative in lieu of an on-line ordering method. If this method is to be used, the designated sales representative contact information must be listed on the Vendor Price

Proposal form. This information must be current for the duration of the contract.

Dawson County shall not be required to purchase a minimum number of tires, nor be limited to a maximum number of tires during the contract period. Quantities ordered will be based upon the needs of the County at the costs listed on the Vendor’s Price Proposal

Form.

Bidders must furnish catalog pages, brochures, specification sheets or similar data to support the requirements. Bidders may provide comparable substitutions, unless otherwise stated. If bidder submits optional features, line item pricing must be included in bid response. If requested, bidders must supply samples of items to ensure compliance with specifications. Samples must be provided within 24 (twenty-four) hours desired substitution, at no expense to the County.

Dawson County reserves the right to remove and/or add manufacturer/model numbers of tires to be available during the contract periods. This will be accomplished by the contractor submitting a price for the requested addition and being incorporated into the contract through a contract amendment.

Bidder is to report delivery time on the Vendor’s Price Proposal Form.

Bid #427-23 Tires for Dawson County Equipment/Vehicles Page 11

List of Most Commonly Used Tires

DESCRIPTION VENDOR MODEL/BRAND/PART NUMBER

TRAILER TIRES

235/85R16 Hercules H-901 Commercial LT 14ply 91212 235/80R16 Hercules H-901 Commercial LT 14ply 95133 215/75/17.5 Continental HTL2 Load J 18 ply 05310170000

PASSENGER/LIGHT TRUCK TIRES

235/55R17 Firestone All Season FS 006256 225/60R18 BF Goodrich XL Elite Force 10157 245/55R18 BF Goodrich XL Elite Force 05067 265/60R17 BF Goodrich XL Elite Force 30457 255/60R18 BF Goodrich XL Elite Force 91852 265/60/18 BF Goodrich XL Elite Force 13552 275/55/20 BF Goodrich XL Elite Force 37636 LT265/70R17 Firestone Destination X/T 10ply FS 004373 265/70R17 Kumho Crugen HT 51 2181973 225/60/17 Goodyear Assurance Maxlife GY 110979545 225/75/16 Firestone Transforce H/T 2 FS 002760

HEAVY TRUCK TIRES

225/70R19.5 Conti Hybrid HS3 Load G 14ply 5125850000 225/70R19.5 Conti Terra HD3 Load G 14ply 5260080000 225/70R19.5 Conti Hybrid HD3 Load G 14 ply 5224060000 225/70R19.5 Conti HSR+ Load G 14ply 5125520000 11R22.5 Firestone 561 Steer 16ply 248-324 11R22.5 Firestone FD663 Traction 16ply 211-206 11R24.5 Firestone 561 Steer 16ply 248-375 11R24.5 Firestone FD663 Traction 16ply 293-733 12R22.5 Bridgestone M799 Traction 16 ply 233-602 315/80R22.5 Bridgestone M860A steer 20ply HAU3WT0514109

EQUIPMENT TIRES

14.00R24 Bridgestone VKT Ply/Star rating 3 263346

Chart 2

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Delivery of Services

Materials will be delivered F.O.B. to the Dawson County Fleet Maintenance building.

Address listed below.

All delivery tickets and/or receipts must clearly identify the Dawson County employee receipt of goods. No inmate performing work details at the Fleet Maintenance department will be allowed to receive deliveries and must not sign for such.

Dawson County expects the contractor to give priority service on all requests for tires by the Dawson County Fleet Director, or his designee.

Delivery is expected no later than seventy-two (72) hours of order. Any delay of delivery is to be explained and approved by the county department’s representative placing the order.

Continuous delays in delivery may be cause of cancellation of contract.

Purchase Data

The following depicts the dollar amount of tires purchased for the relative years listed. This is for informational purposes only and does not construe the amounts to be purchased throughout the contract formed from this IFB.

• 2017: $44,674.70

• 2018: $42,938.61

• 2019: $74,334.14

• January 1, 2020 – September 8, 2020 - $46,624.87

Management Agent/Employees

The Vendor shall appoint a main point of contact, or agent, who will routinely review and inspect operations and consult with the County on current and future services.

Warranty, Maintenance & Repairs

Vendors to list service location where vehicles should be taken for warranty, maintenance and repairs. If not listed in bidder’s response, Dawson County will assume all service will be performed at the location of bidder.

Completing the Vendor’s Price Proposal Form

1. Vendors must provide pricing on the Vendor’s Price Proposal Form included in this document.

2. If bidding an item different in any way from the exact specifications, proposers must furnish catalogue pages, specification sheets or similar data to support the product equivalency to the Vendor’s Price Proposal Form.

3. If a vendor does not wish to bid a certain item the response of “No Bid” is appropriate.

This does not disqualify vendors. Dawson County will look at the totality of each proposal.

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4. Bids shall be based upon unit prices for estimated quantities, where applicable, excepting where bid items require lump sum proposals as indicated by the proposal form.

5. Where errors or omissions result in discrepancies in bid totals, prices per unit as submitted will be binding.

6. Proposers shall state standard time from order to delivery on the Vendor’s Price

Proposal Form. Furthermore, proposers shall state surcharge for rush deliveries.

7. Due to the nature of this material it is vital that all material arrive on or before the proposed number of delivery days stated in the Price Proposal Sheet. Time is of the essence and is an essential element of this IFB.

8. All products will be delivered so as to arrive in good condition, if awarded as such.

9. Neither Dawson County nor its employees will be culpable for damaged products resulted from handling or transportation, if awarded as FOB.

Payment

1. Upon inspection and acceptance of all goods, amount due shall be eligible for payment.

2. Vendor must furnish delivery receipt with invoice identifying that order has been delivered in accordance with specifications, quantities, and price set forth on the original order. A Dawson County employee’s signature must appear on the delivery receipt or invoice.

3. If in the event an order is not completed or items are on back order, those items will not be included on invoice until after successful delivery. If vendor continues to invoice for items yet to be delivered, this is cause for cancellation of contract.

4. Dawson County is tax exempt. A Tax Exemption certificate will be provided upon award.

5. Dawson County cannot exempt others from taxes. Vendor must pay taxes as applicable by law.

6. Dawson County reserves the right to deduct from payment any monies owed to Dawson

County by the vendor.

7. Itemized all invoices in full. Show payment terms, reference Purchase Orders (if applicable).

8. Inspection and Acceptance of Deliveries: The County reserves the right to inspect all goods and products delivered. The County will decide whether to accept or reject items delivered. The inspection shall be conclusive except with respect to latent defects, fraud, or such gross mistakes as shall amount to fraud. Final inspection resulting in acceptance or rejection of the products will be made as soon as practicable, but failure to inspect shall not be construed as waiver by the County to claim reimbursement or damages for such products which are later found to be in non-conformance with specifications.

Should public necessity demand it, the County reserves the right to use or consume articles delivered which are substandard in quality subject to an adjustment in price be determined by the department.

9. Upon inspection and acceptance of all items, amount due shall be eligible for payment. Bids that require a down payment or mid-payment are not acceptable.

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10. Final payment will be based upon actual in-place products and upon acceptance by the County.

11. Dawson County pays on a NET/30 term based on date correct invoice received by our Accounts Payable Department. All invoices should be sent to:

ATTN: Accounts Payable

25 Justice Way, Suite 2220 cmcmillon@dawsoncounty.org

Delivery

FOB: Dawson County Fleet Administration

55 Transportation Lane

D. ADMINISTRATION

The project will be administered by the Purchasing Manager with the Dawson County

Public Works Director or designee being the main point of contact for all questions during the term of the contract.

E. PROCEDURES AND MISCELLANEOUS ITEMS

1. All questions shall be submitted in writing (e-mail is acceptable) and shall be communicated in the form of an addenda if the scope specifications are to be affected and posted on the County’s website under the bid information, all firms responding to this IFB should check the website before responding to this IFB.

2. All respondents to this IFB shall indemnify and hold harmless the Dawson County

Board of Commissioners, and any of their officers and employees from all suits and claims alleged to be a result of this IFB. The issuance of this IFB constitutes only an invitation to present a proposal. The Dawson County Board of Commissioners reserves the right to determine, at its sole discretion, whether any aspect of a respondent's submittal meets the criteria in this IFB. The Dawson County Board of

Commissioners also reserves the right to seek clarifications, to negotiate with any vendor submitting a response, to reject any or all responses with or without cause, and to modify the procurement process and schedule. In the event that this IFB is withdrawn or the project canceled for any reason, the Dawson County Board of

Commissioners shall have no liability to any respondent for any costs or expenses incurred in connection with this IFB or otherwise.

3. The IFB is subject to the provisions of the Dawson County Purchasing Policy and any revisions thereto, which are hereby incorporated into this IFB in their entirety except as amended or superseded herein.

4. Failure to submit all the mandatory forms from this IFB package shall be just cause for the rejection of the qualification package. However, Dawson County reserves the mailto:cmcmillon@dawsoncounty.org

Bid #427-23 Tires for Dawson County Equipment/Vehicles Page 15 right to decide, on a case by case basis, in its sole discretion, whether or not to reject such a bid as non-responsive.

5. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment less than 30 days, however.

6. In case of failure to deliver goods in accordance with the contract terms and conditions, Dawson County, after due oral or written notice, may procure substitute goods or services from other sources and hold the Vendor responsible for any resulting additional purchasing and administrative costs. This remedy shall be in addition to any other remedies which Dawson County may have.

7. By submitting a qualification package, the vendor is certifying that they are not currently debarred from bidding on contracts by any agency of the State of Georgia, nor are they an agent of any person or entity that is currently debarred from submitting bids on contacts by any agency of the State of Georgia.

8. Any contract resulting from this IFB shall be governed in all respects by the laws of the State of Georgia and any litigation with respect thereto shall be brought in the courts of the State of Georgia. Then Vendor shall comply with applicable federal, state, and local laws and regulations.

9. It is understood and agreed between the parties herein that Dawson County shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

10. Each proposal should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation. The cost for developing the submittal is the sole responsibility of the respondent.

F. BONDS

Bid Bond – not required

Payment Bond – not required

Performance Bond – not required

G. DETERMINATION OF SUCCESSFUL BIDDER

The contract will be awarded to the lowest responsive, responsible Bidder, if awarded.

a. Responsibility

The determination of the Bidder’s responsibility will be made by the County based on whether the Bidder:

- maintains a permanent place of business.

- has the appropriate technical experience, where applicable.

- has adequate plant and equipment to do the work properly and expeditiously and has suitable financial means to meet oblications incidental to this work, where applicable.

Bid #427-23 Tires for Dawson County Equipment/Vehicles Page 16

The Bidder shall furnish, to the County, all such information and data for this purpose as the County may request.

b. Responsiveness

The determination of responsiveness will e made by the County based on a consideration of whether the Bidder has submitted a complete proposal form without irregularities, excisions, special conditions, or alternative bids for any time unless specifically requested on the proposal form.

H. FINAL SELECTION

Following review of all qualified proposals, selection of a suitable vendor, and preliminary contract negotiations, a recommendation will be made to the Dawson County

Board of Commissioners by the project representative. Following Commission approval, the County will complete the contract process.

The County intends to contract with bidder who delivers the lowest price per unit per tire description. The County reserves the right to contract with multiple bidders.

The Dawson County Board of Commissioners reserves the right to accept the response that is determined to be in the best interest of the County. The County reserves the right to reject any and or all proposals.

Every vendor submitting a proposal must complete the forms showing compliance with the GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OCGA

§13-10-90. The forms are provided with this IFB package.

SECTION III – GENERAL TERMS

A. DEFINITION

Where used in the project manual, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine and feminine of the words and terms.

Acceptance. Formal action of the Owner in determining that the Contractor's work has been completed in accordance with the contract and in notifying the Contractor in writing of the acceptability of the work.

Act of God. A cataclysmic phenomenon of nature, such as a hurricane, earthquake, or abnormal flood. Rain, wind, high water, or other natural phenomenon which might reasonably have been anticipated from historical records of the general locality of the work shall not be construed as acts of God.

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Addenda. Supplemental written specifications or drawings issued prior to execution of the contract which modify or interpret the project manual by addition, deletion, clarification, or corrections.

Bid. Offer of a bidder submitted on the prescribed form setting forth the price or prices of the work to be performed.

Bidder. Individual, partnership, corporation, or a combination thereof, including joint ventures, offering a bid to perform the work.

Contract. The writings and drawings embodying the legally binding obligations between the Owner and the Contractor for completion of the work; Contract Documents attached to the Contract and made a part thereof as provided herein.

Contract Documents. The Contract, Addenda (which pertain to the Contract

Documents), Contractor’s Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award), the Notice to Proceed, the Bonds, these General Conditions, the Special Conditions, the Specifications and

Drawings, together with all Written Amendments, Change Orders, Work Change directives, Field Orders, and Drawing submittals.

Contract Drawings. The drawings which show the scope, extent, and character of the work to be furnished and performed by the Contractor and which have been prepared and reviewed by the Engineer/Architect/Architect and are referred to in the

Contract Documents.

Contract Price. Amount payable to the Contractor under the terms and conditions of the contract. Based on the price given on the bidding schedule, with adjustments made in accordance with the contract. The base amount given in the bidding schedule shall be either a lump sum bid or the summation of the unit price bids multiplied by the estimated quantities set forth in the bid form.

Contract Time. Number of calendar days stated in the contract for the completion of the work or portions thereof.

Contractor. The individual, partnership, corporation, or combination thereof, including joint ventures that enter into the contract with the Owner for the performance of the work. The term covers subcontractors, equipment and material suppliers, and their employees.

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Contractor's Plant and Equipment. Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the work, but not to be incorporated in the work. The Owner will make available to the Contractor, for his plant, equipment and storage, only the area indicated on the Site Plan within the limits of the work. The Contractor shall confine his operations to his allotted areas to avoid interference with the Building's normal and continued operation. The Contractor's and subcontractor's personnel shall not be permitted to park their cars on Owner's property except in the area designated for construction. The General Contractor shall see that this restriction is enforced.

Contract Technical Representative. The day-to-day County Representative designated by the Owner.

County. Owner.

Day. Calendar day.

Defective. An adjective which when modifying the word “work” refers to work, including but not limited to the furnishing of materials, that is unsatisfactory, faulty, deficient, or performed in an non-workmanlike manner, in that it does not conform to or meet the requirements of the Contract, any inspection, reference standard, test or approval referred to in the Contract, or has been damaged prior to a recommendation of final payment.

Direct. Action of the Owner by which the Contractor is ordered to perform or refrain from performing work under the contract.

Directive. Written documentation of the actions of the Engineer/Architect/Architect or the Owner in directing the Contractor.

Engineer/Architect/Architect. Whenever the word “Engineer/Architect” and/or

“Architect” is used in the contract, it shall be understood as referring to the

Engineer/Architect/Architect of the Owner, or such other Engineer/Architect/Architect, supervisor, or inspector as may be authorized by the Owner to act in any particular area of the Contract.

Equipment. Mechanical, electrical, instrumentation, or other device with one or more moving parts, or devices requiring an electrical, pneumatic, electronic, or hydraulic connection.

Furnish. To deliver to the job site or other specified location any item, equipment, or material.

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Herein. Refers to information presented in the project manual.

Holidays. Legal holidays designated by the Owner.

Install. Placing, erecting, or constructing complete in place any item, equipment, or material.

May. Refers to permissive actions.

Owner. Glynn County Board of Commissioners, Brunsiwck, Georgia.

Person. The term, person, includes firms, companies, corporations, partnerships, and joint ventures.

Project. The undertaking to be performed under the provisions of the contract.

Project Manual. Those contact documents prepared for bidding and as amended by addenda.

Provide. Furnish and install, complete in place.

Punch List. List of incomplete items of work and of items of work which are not in conformance with the contract. The list will be prepared by the Engineer/Architect when the Contractor (1) notifies the Engineer/Architect in writing that the work has been completed in accordance with the contract and (2) requests in writing that the Owner accept the work.

Shall. Refers to actions by either the Contractor or the Owner and means the

Contractor or Owner has entered into a covenant with the other party to do or perform the action.

Shown. Refers to information presented on the drawings, with or without reference to the drawings.

Specifications. That part of the contract documents consisting of written descriptions of the technical features of materials, equipment, construction system, standards, and workmanship. Titles of sections and paragraphs in these contract documents are introduced merely for convenience and shall not be taken as a complete segregation of the various units of materials and labor.

Specify. Refers to information described, shown, noted, or presented in any manner in any part of the contract.

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Submittals. The information which is specified for submission to the Owner in accordance with Division of the project manual.

Substantial Completion. Sufficient completion of the project or the portion thereof to permit utilization of the project, or portion thereof for its intended purpose. Substantial completion requires not only that the work be sufficiently completed to permit utilization, but that the Owner can effectively utilize the substantially completed work. Determination of substantial completion is solely at the discretion of the Owner.

Substantial completion does not mean complete in accordance with the contract nor shall substantial completion of all or any part of the project entitle the Contractor to acceptance under the contract.

Substantial Completion Date. Date shown on the certificate of Substantial Completion.

Will. Refers to actions entered into by the Contractor or the Owner as a covenant with the other party to do or to perform the action.

Work. The labor, materials, equipment, supplies, services, and other items necessary for the execution, completion, and fulfillment of the contract.

B. ROYALTIES AND PATENTS

The Contractor shall pay all royalties and license fees and assume all costs incident to the use in the performance of the work or the incorporation in the work of any invention, design, process, product, or device which is the subject of the patent rights or copyrights held by others. He shall defend all suits or claims for infringement of any patent rights and shall hold harmless the Owner, its officers, employees, and agents from loss on account thereof, except that the Owner shall be responsible for all such loss when a particular manufacturer, product, or process is specified by the Owner and properly installed by the Contractor pursuant to the manufacturer’s specifications.

C. VERBAL AGREEMENTS

No verbal agreement or conversation with any officer, agent, or employee of the

Owner either before or after execution of this Contract shall affect or modify any of the terms of obligations contained in any of the documents comprising said Contract.

D. GENERAL WARRANTY AND GUARANTEE

The Contractor shall warrant and guarantee the work required under this Contract for a period of twelve months from the date of Final Acceptance. The Contractor warrants and guarantees to Owner, that materials and equipment furnished under the Contract shall be of good quality and new unless otherwise required or permitted by the

Contract Documents, that all work will be in accordance with the Contract

Documents, and that all work will be of good quality, free from faults and defects.

Work not conforming to these requirements, including substitutions not properly

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Engineer/Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

The Contractor’s obligation to perform and complete the work in a workmanlike manner, free from faults and defects and in accordance with the Contract Documents shall be absolute. The Contractor shall remedy, at his own expense, and without additional cost to the Owner, all defects arising from either workmanship or materials, as determined by the Owner, or Owner’s representative. The obligations of the Contractor under this Paragraph shall not include normal wear and tear under normal usage.

E. INDEMNITY

To the fullest extent permitted by laws, statutes, rules and regulations, the Contractor shall indemnify and hold harmless the County, Engineer/Architect, Engineer/Architect’s Consultants and the Officers, Directors, Employees, Agents, and other Consultants of each and any of them from and against claims, costs, damages, losses, and expenses, including but not limited to all fees and charges of Engineer/Architects, architects, attorneys and other professionals and all court costs, arising out of or resulting from performance of the work, but only to the extent caused in whole or in part by negligent, reckless, willful and wanton, or wrongful acts or omissions of the Contractor, its Officers, Directors, Employees, Agents, and anyone directly, or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, cost, damage, loss, or expense is caused in part by a party indemnified hereunder, except that no party shall indemnify any other party or person for their own sole negligence.

Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph.

Comprehensive General Liability -The successful Bidder shall exercise proper precaution at all times for the protection of persons and property. He shall carry approved insurance from insurance companies authorized to do business in Georgia and having an A.M. Best’s rating of B+ or better with the following minimums:

*The limits of insurance are as follows:

a) general liability insurance of at least One Million (1,000,000) Dollars (Combined Single

Limit per occurrence) and Two Million (2,000,000) Dollars aggregate;

b) automobile insurance of at least One Million (1,000,000) Dollars (Combined Single Limit per accident for bodily injury or property damage); and

c) workers’ compensation insurance as will protect potential bidder or offeror from Worker’s Compensation Acts

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F. BUSINESS LICENSE

Contractors and subcontractors shall have a current Occupation Tax Certificate, and shall furnish certificate and license numbers prior to entering into a contract with the Owner.

G. OBLIGATIONS AND LIABILITY OF THE CONTRACTOR

The Contractor shall do all the work and furnish all the materials, tools, and appliances, except as herein otherwise specified, and everything necessary for properly performing and completing the work required by the Contract, in the manner and within the time specified. He shall complete the entire work to the satisfaction of the Owner, and in accordance with the Specifications and Plans herein mentioned, at the prices herein agreed upon and fixed therefore.

All the work labor and materials to be done and furnished under this Contract shall be done and furnished strictly pursuant to, and in conformity with, the Contract Documents, and the directions of the Engineer/Architect as given from time to time during the progress of the work, under the terms of this Contract.

All loss or damage arising out of the performance or nature of the work, or any damage to the work itself to be done under this contract or from any unforeseen obstruction or difficulties which may be encountered in the prosecution of the same, or from the action of the elements or from any cause or causes whatsoever, until the same shall have been finally accepted, shall be sustained and paid for by the Contractor.

The Contractor shall coordinate his operations with those of any other contractors who may be employed on other work of the Owner and shall avoid interference therewith and cooperate in the arrangements for storage of materials.

The Contractor shall conduct his work so as to interfere as little as possible with private business and public travel. He shall, at his own expense, wherever necessary, or required, maintain fences, furnish watchmen, maintain lights, and take such other precautions as may be necessary to protect life and property.

The Contractor shall take all responsibility for the work done under this Contract, for the protection of the work, and for preventing injuries to persons, and damage to property and utilities on or about the work.

He shall in no way be relieved of his responsibility by any rights of the Owner, its officers, employees and agents to give permission or issue orders relating to any part of the work, or by any such permission given or orders issued, or by failure of the Owner, its officers, employees and agents to give such permission or issue such orders.

The Contractor shall bear all losses resulting to him or to the Owner, its officers, employees and agents on account of the amount or character of the work, or because of the nature of the land in or on which the work is done is different from what was estimated or expected, or on account of the weather elements or other causes. The Contractor shall assume the defense of all claims arising out of injury or damage to persons, corporations, or property, whether said claims arise out of negligence or not, or whether said claims are for unavoidable damage or not, and from all claims

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The Contractor shall so conduct his operations as not to damage existing structures or work installed either by him or by other contractors. In case of any such damage resulting from his own operations, he shall repair and make good as new the damaged portions at his own expense.

The Contractor warrants that he is familiar with the codes applicable to the work and that he has the skill, knowledge, competence, organization, and plant to execute the work promptly and efficiently in compliance with the requirements of the Contract Documents. The Contractor having the obligation to keep a competent superintendent on the work during its progress, to employ only skilled mechanics, and to enforce strict discipline and good order among his employees, the Contractor, himself is responsible for seeing that the work is installed in accordance with the Contract Documents.

Failure or omission on the part of the Owner, representative of the Owner, agents of the Owner, Project…