Bid Package

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ROCKDALE COUNTY FINANCE DEPARTMENT

PROCUREMENT DIVISION

958 MILSTEAD AVENUE

CONYERS, GA 30012

770-278-7552

ITB No.22-24

INTRODUCTION:

This is an Invitation to Bid (ITB) to establish a On-Call, Unit Price Contract for the Grinding of Bulk Piles of Tree and Yard Debris in Rockdale County. Instructions for preparation and submission of a bid are contained in this packet. Bids must be typed or printed in ink.

Rockdale 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 veterans’ status. This policy ensures all segments of the business community have access to supplying the goods and services needed by Rockdale County.

PURCHASING CONTACT FOR THIS REQUEST:

All questions concerning this ITB and all questions arising subsequent to award are to be addressed to the Purchasing Division via email to Meagan Porch, Buyer, at meagan.porch@rockdalecountyga.gov or the following address:

Rockdale County Finance Department Purchasing Division Attn: Meagan Porch 958 Milstead Avenue Conyers, GA 30012

Phone: (770) 278-7557, Fax (770) 278-8910 E-mail: meagan.porch@rockdalecountyga.gov

To maintain a “level playing field”, and to assure that all bidders receive the same information, bidders are requested NOT to contact anyone other than the contact above until after the award of the contract. Doing so could result in disqualification of the bidder.

BID COPIES FOR EVALUATION:

Two (2) hard copies, one (1) original hard copy and one (1) Flash Drive in Adobe PDF format will be required for review purposes. (Original must be clearly marked “Original” and the Copies clearly marked “Copies.”). Flash Drives that are blank or have incorrect information on them will not be acceptable and may be justification for disqualification. Check your Flash Drive(s) to ensure that they have the appropriate material on it before submitting.

All bid materials must be completed and enclosed in a sealed envelope prior to submittal. The ITB number must be clearly written on the outside of the envelope. Incomplete, incorrect, unsealed, unmarked, or improperly submitted bids may be rejected.

CONTRACT TERM:

One (1) year with the option to renew two (2) additional one (1) year terms.

Because this contract contains two (2) renewal periods and the price of materials is subject to change from year to year, it is appropriate to allow the Contractor to offer price increases prior to the renewal of the contract for the following year. Therefore, 90 days prior to the end of the contract, the Contractor will advise the County in writing of their desire to renew the contract and will provide the County with an updated price list (this should be the same price list from the original bid with any necessary additions that became evident during the previous year's operations). The County will review the price increases and if necessary, negotiate with the Contractor to finalize pricing. Once both parties have agreed to the contract extension pricing, the County will prepare an Amendment to the original contract outlining the extension period, the new pricing that has been approved by both parties, and any other changes to the contract that become necessary to improve the operational effectiveness of the Agreement.

mailto:meagan.porch@rockdalecountyga.gov

DUE DATE:

Sealed bids will be received at the Rockdale County Finance Department, Procurement Division, 958 Milstead Avenue, Conyers, GA 30012 no later than 2:00 P.M., local time, Thursday, July 7, 2022. Bids received after this time will not be accepted. Bidders are not required to attend bid opening.

QUESTIONS AND CLARIFICATIONS:

All questions and/or requests for clarifications concerning this ITB must be submitted to the Purchasing Division via email to meagan.porch@rockdalecountyga.gov or at the above address no later than 2:00 p.m., local time, on Thursday, June 30, 2022. It shall be the Bidders responsibility to seek clarification as early as possible prior to the due date and time. Written responses from the County to the questions it receives will be in an addendum and posted to the County’s website at www.rockdalecountyga.gov, under Bid Opportunities. Questions or requests for clarifications received after this deadline will not receive a response.

ADDENDA:

Answers to questions submitted that materially change the conditions and specifications of this ITB will be issued in an addendum and posted to the County’s website at www.rockdalecountyga.gov under Bid Opportunities. Any discussions or documents will be considered non-binding unless incorporated and issued in an addendum.

It is the bidder’s responsibility to check the Rockdale County website at www.rockdalecountyga.gov, under Bid Opportunities for any addenda that may be issued, prior to submitting a bid for this ITB.

QUALIFICATIONS OF OFFERORS:

Bidders must have a current business license from their home office jurisdiction and provide a copy of that license with the submittal of their bid response. Rockdale County vendors doing business in Rockdale County must have a current Rockdale County Business License.

Bids from any offeror that is in default on the payment of any taxes, license fees, or other monies due to Rockdale County will not be accepted.

Bidders are to submit at least three (3) three references from projects with similar experience using the materials and process in this Invitation to Bid.

OPTION TO AUDIT

Successful bidder will be required to maintain complete records during the life of the contract and for a period of one year after completion of the contract. Such records are to be made available to the County if officially requested, to be audited by a designated County auditing staff. In such audits reveal overcharges and/or undercharges, such will be adjusted, and compensation made by either party to correct charges.

TORT IMMUNITY:

No officer, employee, or agent of the County acting within the scope of his/her employment or function shall be held personally liable in tort or named as a defendant in any action for injury or damage suffered because of any act, event, or failure to act.

http://www.rockdalecountyga.gov/

PROPRIETARY INFORMATION:

Careful consideration should be given before submitting confidential information to Rockdale County. The Georgia Open Records Act permits public scrutiny of most materials collected as part of this process. Please clearly mark any information that is considered a trade secret, as defined by the Georgia Trade Secrets Act of 1990, O.C.G.A.

§10-1-760 et seq., as trade secrets are exempt from disclosure under the Open Records Act. Rockdale County does not guarantee the confidentiality of any information not clearly marked as a trade secret.

AWARD OF CONTRACT:

The Rockdale County Procurement Office and/or Evaluation Committee make a recommendation for award. The Board of Commissioners will make the actual award of the contract and has the authority to award the contract to a company different than the company recommended by the Procurement Office and/or Evaluation Committee.

Rockdale County reserves the right to make no awards, multiple awards, one award for all items; or whatever the County deems to be in its best interest.

QUANTITIES:

The quantities listed in the Bidders Response Schedule are provided as an estimate for bid purposes. The County will not be obligated to quantities beyond actual needs.

SELECTION PROCESS:

The Rockdale County Procurement Office and/or Evaluation Committee make a recommendation for award. The Board of Commissioners will make the actual award of the contract and has the authority to award the contract to a company different than the company recommended by the Purchasing Department and/or Evaluation Committee.

This is a past performance/quality/price trade-off source selection in which competing offeror’s past and present performance history and product quality will be evaluated on a basis approximately equal to price. Award will be made to the responsible offeror whose bid represents the best value after evaluation in accordance with the factors listed below. Rockdale County Board of Commissioners may reject any or all bids if such action is in the county’s interest.

Rockdale County may evaluate bids and award a contract without discussions with offerors. Therefore, the offeror’s initial bid should contain the offeror’s best terms from a price and technical standpoint. The County reserves the right to conduct discussions if the County later determines them to be necessary.

INSURANCE:

Before starting any work, the successful contractor must furnish to Rockdale County certificate(s) of insurance from companies doing business in Georgia. The Company shall maintain in full force and effect the following insurance during the term of the Agreement:

Coverages: Limits of Liability:

Workers’ Compensation Statutory Employers’ Liability $1,000,000.00 Bodily Injury Liability $1,000,000.00 each occurrence except Automobile $1,000,000.00 aggregate Property Damage Liability $1,000,000.00 each occurrence except Automobile $1,000,000.00 aggregate Personal & Advertising Injury Limit $1,000,000.00 Products / Completed Ops. $2,000,000.00 aggregate Automobile Bodily Injury $1,000,000.00 each person Liability $1,000,000.00 each occurrence Automobile Property Damage $1,000,000.00 each occurrence Liability General Liability $1,000,000.00

All insurance shall be provided by an insurer(s) acceptable to the County and shall provide for thirty (30) days prior notice of cancellation to the County. Upon contract award, Contractor shall deliver to the County a certificate or policy of insurance evidencing Contractor’s compliance with this paragraph. Contractor shall abide by all terms and conditions of the insurance and shall do nothing to impair or invalidate the coverage.

Rockdale, GA shall be named as Additional Insured under any General Liability, Business Auto and Umbrella Policies using ISO Additional Insured Endorsement forms CG 2010 or its equivalent. Coverage shall apply as Primary and non-contributory with Waiver of Subrogation in favor of Rockdale County, Georgia.

The insurance carrier must have a minimum rating of A or higher as determined by the rating firm A.M. Best.

Certificates must contain policy number, policy limits, and policy expiration date of all policies. The Invitation to Bid (ITB) number and project name must be inserted in the Description of Operations section of the certificate.

Certificates are to be issued to:

Rockdale County, Georgia 958 Milstead Avenue Conyers, GA 30012

PERMITS:

The awarded contractor will be responsible for acquiring any permits that are required for this project/purchase.

Rockdale County will waive fees on all permits issued by Rockdale County.

ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT ACT OF 2011

Vendors submitting a Qualification package in response to this ITB must complete the Contractor Affidavit under O.C.G.A. §13-10-91(b)(1) which is provided with the ITB package to verify compliance with the Illegal Immigration Reform and Enforcement Act of 2011.

A. The form must be signed by an authorized officer of the contractor or their authorized agent.

B. The form must be notarized.

C. The contractor will be required to have all subcontractors and sub-subcontractors who are engaged to complete physical performance of services under the final contract executed between the County and the contractor complete the appropriate subcontractor and sub-subcontractor affidavits and return them to the County a minimum of five (5) days prior to any work being accomplished by said subcontractor or sub-subcontractor. Format for this affidavit can be provided to the contractor if necessary.

PIGGYBACKING

Rockdale County encourages and agrees to the successful bidder extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder.

GENERAL INFORMATION:

RECEIPT OF BID:

No bids received after said time or at any place other than the time and place as stated in the notice shall be considered. No responsibility shall attach to Rockdale County for the premature opening of a bid not properly addressed and identified.

WITHDRAWAL OF BID:

A bidder may withdraw his bid before the bid due date, without prejudice to the bidder, by submitting a written request of withdrawal to the Rockdale County Procurement Office.

REJECTION OF BID:

Rockdale County may reject any and all bids and must reject a bid of any party who has been delinquent or unfaithful in any formal contract with Rockdale County. Also, the right is reserved to waive any irregularities or informalities in any bid in the proposing procedure. Rockdale County shall be the sole judge as to which bid is best, and in ascertaining this, will take into consideration the business integrity, financial resources, facilities for performing the work, and experience in similar operations of the various bidders.

STATEMENT OF EXPERIENCE AND QUALIFICATIONS:

The bidder may be required, upon request, to prove to the satisfaction of Rockdale County that he/she has the skill, experience, necessary facilities and ample financial resources to perform the contract(s) in a satisfactory manner and within the required time. If the available evidence of competency of any bidder is not satisfactory, the bid of such bidder may be rejected. The successful bidder is required to comply with and abide by all applicable federal and state laws in effect at the time the contract is awarded.

NON-COLLUSION AFFIDAVIT:

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

INTEREST OF:

By submitting a bid, the bidder represents and warrants that a Commissioner, Administrator, employee, nor any other person employed by Rockdale County has, in any manner, an interest, directly or indirectly, in the bid or in the contract which may be made under it, or in any expected profits to arise therefrom.

DOCUMENTS DEEMED PART OF THE CONTRACT:

The notice, invitation to bidders, general conditions, and instructions for bidders, special conditions, specifications, bid, and addenda, if any, will be deemed part of the contract.

GOVERNING LAWS:

This contract is made under and shall be governed and construed in accordance with the laws of the State of Georgia.

ERRORS AND OMISSIONS:

The vendor shall not take advantage of any errors or omissions in this Bid Request and shall promptly notify Rockdale County of any omissions or errors found in this document.

STANDARD INSTRUCTIONS:

1. The instructions contained herein shall be construed as a part of any bid invitation and/or specifications issued by Rockdale County and must be followed by each bidder.

2. The written specifications contained in this bid shall not be changed or superseded except by written addendum from

Rockdale County. Failure to comply with the written specifications for this bid may result in disqualification by Rockdale County.

3. All goods and materials shall be F.O.B. Destination Conyers, Georgia and no freight or postage charges will be paid by Rockdale County unless such charges are included in the bid price.

4. The following ITB# 22-24 must be written clearly on the outside of each bid envelope in order to avoid prior opening in error.

5. All bids must be received and in-hand at bid due date and time. Each bidder assumes the responsibility for having his/her bid received at the designated time and place of bid due date. Bids received after the stated time and date may be subject to rejection without consideration, regardless of postmark. Rockdale County accepts no responsibility for mail delivery.

6. Unless otherwise stated, all bids submitted shall be valid and may not be withdrawn for a period of 120 days from the due date.

7. Each bid form submitted must include the name of the business, mailing address, the name, title and signature of the person submitting the bid. When submitting a bid to Rockdale County the first page of your bid package should be the bid form listing the price, delivery date, etc., unless the bid form is requested to be in a separate envelope.

8. Rockdale County reserves the right to accept a bid that is not the lowest price if, in the County's judgment, such bid is in the best interest of the County and the public. The County reserves the right to reject any and all bids.

9. Telephone, Emailed or Facsimile bids will not be accepted.

10. No sales tax will be charged on any orders except for contracts that include construction materials being purchased through a third party.

Federal I.D. #58-6000882 Sales Tax Exempt #58-800068K

11. If applicable, completed questionnaires must be signed manually. Rockdale County reserves the right to accept or reject any bid on the basis of incomplete or inaccurate answers to the questionnaire.

12. If applicable, warranty information shall be provided.

13. Bidders shall state delivery time after receiving order.

14. Bidders shall identify any subcontractors and include an explanation of the service or product that they may provide.

BID SPECIFICATIONS:

The specifications are as follows and on the attached pages:

Narrative Scope of Work

General: Rockdale is seeking unit pricing for monthly grinding and hauling of bulk debris from trees, shrubs, and yard trimmings.

1. Location:

a. Rockdale County Recycling Center is located at 1200 Sigman Rd, Conyers GA 30012

b. Operating days are Monday thru Saturday.

2. Experience:

a. Bidder shall have not less than 3 years of experience grinding tree debris or hauling materials of a similar volume as described in this bid.

b. Bidder shall provide 3 references and complete the Contractor Qualification Statement and

Questionnaire.

c. Bidder may provide unit cost for grinding or hauling or both.

3. Sitework:

a. Bidder is not required to perform any site work with this scope.

b. The county will provide access to the area and protection barriers as needed.

4. Equipment:

a. Bidder shall provide the equipment needed to perform the work and is responsible for delivering, protecting, operating, fueling, and maintaining all equipment.

b. For grinding, bidder shall have, at minimum, the following equipment of a size large enough to handle the volume as indicated:

i. Excavator with thumb

ii. Tub grinder

iii. Loader

iv. Skid steer

c. For hauling, bidder shall have tandem axle dump truck(s).

5. Manpower:

a. Bidder shall provide the manpower needed to perform the work and is responsible for supervision, oversight, and protection of all staff, including all OSHA required Personal

Protection Equipment.

b. Bidder shall have, at minimum, the following personnel on site in order to handle the volume as indicated in section 6:

i. Onsite supervisor

ii. 2 equipment operators

iii. 2 laborers

c. For hauling, bidder shall have sufficient trucks and drivers for volume as indicated in section 6.

6. Size requirements:

a. The county estimates the need for grinding and hauling once per month based on volume of debris collected.

b. The estimated pile size for each monthly grind is 3,000 cubic yards.

c. Ground product shall be 3” – 5” in diameter.

d. Cost per cubic yard shall be inclusive of all equipment, manpower, and any other items needed to perform the scope of work as described.

7. Grinding work procedure:

a. The county will issue a purchase order for monthly grinding based on the estimated cubic yards indicated above.

b. Bidder will schedule monthly grind dates with county representative.

c. Bidder will measure the material to be ground and submit in writing to the county representative who will verify amount in writing each month.

d. Material that cannot be ground shall be placed to side of pile for county staff to remove

e. If material is to be hauled off site, county representative will coordinate hauling to be done in conjunction with grinding as indicated below.

8. Hauling work procedure:

a. Grinding bidder will grind tree debris into mulch as described above and dump directly into trucks or use on site equipment to load into trucks provided by hauling bidder.

b. The county will issue a purchase order for monthly hauling based on the estimated cubic yards indicated above using a reduction factor of 20% of size of pile or approximately 600 cubic yards.

c. Hauling bidder shall provide sufficient trucks to haul all ground debris off site to the county provided site within Rockdale County, currently Pratt Recycling Industries located at 1800

Sarasota Business Parkway, Conyers GA 30013.

d. Hauling bidder shall provide haul tickets of every truck which shall be the basis for payment per truck load.

e. For purposes of this bid, a tandem axle dump truck shall be fully loaded with 15 cubic yards of mulch.

BID FORM – ITB No. 22-24 Instructions: Complete all THREE parts of this bid form.

PART I: Bid Summary Complete the information below. If you wish to submit more than one brand, make a photocopy of this Bid Form.

1. Cost for Grinding Services $ /CY

2. Cost to Haul Debris from Site $ /CY

3. $

4. $

PART II: Addenda Acknowledgements (if applicable)

Each vendor is responsible for determining that all addenda issued by the Rockdale County Finance Department – Purchasing Division have been received before submitting a bid.

PART III: Vendor Information:

Vendor Name

Address

Telephone

E-Mail

Representative (print name)

Signature of Representative

Date Submitted

Addenda Date Vendor Received Initials

“1” “2” “3” “4” “5” “6”

CONTRACTOR’S QUALIFICATION STATEMENT AND QUESTIONNAIRE

USE THIS FORM AS NEEDED PER ITB SCOPE OF WORK

NAME OF PROPOSED CONTRACTOR: _______________________________________

I. INSTRUCTIONS

A. All questions are to be answered in full. If copies of other documents will answer the question completely, they may be attached and clearly labeled. If additional space is needed, additional pages may be attached and clearly labeled.

B. The owner, Rockdale County, Georgia, its agents and representatives, shall be entitled to contact each and every reference listed in response to this questionnaire, and each entity referenced in any response to any question in this questionnaire. By completing this questionnaire, the contractor expressly agrees that any information concerning the contractor in possession of said entities and references may be made available to the owner.

C. Only complete and accurate information shall be provided by the contractor. The contractor hereby warrants that, to the best of its knowledge and belief, the responses contained herein are true, accurate, and complete. The contractor also acknowledges that the owner is relying on the truth and accuracy of the responses contained herein. If it is later discovered that any material information given in response to a question was provided by the contractor, knowing it was false, it shall constitute grounds for immediate termination or rescission by the owner of any subsequent agreement between the owner and the contractor. The owner shall also have and retain any other remedies provided by law.

D. The completed form shall be submitted with contractor’s proposals.

E. This form, its completion by the contractor, and its use by the contractor, and its use by the owner, shall not give rise to any liability on the part of the owner to the contractor or any third party or person.

II. GENERAL BACKGROUND

A. Current address of contractor: _____________________________________

B. Previous Name or address of contractor: _____________________________________

C. Current president or CEO and years in position: _____________________________________

D. Number of permanent employees: _____________________________________

E. Name and address of affiliated companies: _____________________________________

III. FINANCIAL STATUS

A. Please attach financial statements for the past three years for which they are complete. If such statements are not available, please furnish the following information:

1. LAST COMPLETE FISCAL YEAR:

A. Revenues (Gross)

B. Expenditures (Gross)

C. Overhead & Admin (Gross)

D. Profit (Gross)

2. YEAR PRIOR TO “1” ABOVE:

3. YEAR PRIOR TO “2” ABOVE:

B. BANKRUPTCIES

1. Has the Contractor, or any of its parents or subsidiaries, ever had a Bankruptcy Petition filed in its name, voluntarily or involuntarily? (If yes, specify date, circumstances, and resolution).

2. Has any Majority Shareholder ever had a Bankruptcy Petition filed in his/her name, voluntarily or involuntarily? (If yes, specify date, circumstances, and resolution).

C. BONDING

1. What is the Contractor’s current bonding capacity? ____________

2. What is the value of the Contractor’s work currently under contract? ____________

IV. COMPANY EXPERIENCE – SIMILAR PROJECTS

A. List three projects of reasonably similar nature, scope, and duration performed by your company in the last five years, specifying, where possible, the name and last known address of each owner of those projects:

Reference/Project #1:

Name and Address: ________________________________

Date of Construction/Project: ________________________________

Type of Construction/Project: ________________________________

Contract Price: ________________________________

Owner contact info: ________________________________

Architect/Engineer contact info: ________________________________

(if applicable) ________________________________

Reference/Project #2:

Reference/Project #3:

V. ARBITRATIONS, LITIGATIONS, AND OTHER PROCEEDINGS

Has your company been involved in any construction _____________ arbitration demands filed by, or against, you in the last five years?

Has your company been involved in any construction-related _____________ lawsuits (other than labor or personal injury litigation) filed by, or against, you in the last five years?

Has your company been involved in any lawsuits, _____________ proceedings, or hearings initiated by the National Labor Relations Board or similar state agency in the past seven years?

Has your company been involved in any lawsuits, proceedings, _____________ or hearings initiated by the Occupational Safety and Health Administration concerning the project safety practices of the Contractor in the last seven years?

Has your company be involved in any lawsuits, proceedings, _____________ or hearings initiated by the Internal Revenue Service, or any state revenue department, concerning the tax liability of the Contractor (other than audits) in the last seven years?

Have any criminal proceedings or investigations been brought _____________ against the Contractor in the last ten years?

If you answered yes to any of the questions above, please identify the nature of the claim, the amount in dispute, the parties, and the ultimate resolution of the proceeding (attach documentation if needed):

VI. COMMENTS

Please list any additional information that you believe would assist the Owner in evaluating the possibility of using the Contractor on this Project. You may attach such additional information as an Exhibit to this Statement and Questionnaire.

I certify to the Owner that the information and responses provided on this Questionnaire are true, accurate and complete. The Owner, or its designated representative, may contact any entity or reference listed in this

Questionnaire. Each entity or reference may make any information concerning the Contractor available to the

Owner, or its designated representative.

Contractor:

Signature Date

Title

Sworn to and subscribed before me

This ______ day of __________

Signature

Notary Public

My Commission Expires:

SAMPLE CONTRACT FOR GRINDING OF BULK PILES OF TREE AND YARD DEBRIS

ON AN AS-NEEDED BASIS

Note: This contract is a sample only and the County has the right to amend, if deemed necessary.

This Agreement entered into on this _____ day of __________________, 2022, between ROCKDALE

COUNTY, GEORGIA, a political subdivision of the State of Georgia, whose address is 962 Milstead Avenue, Conyers, Georgia 30012, (hereinafter referred to as the “County”) and____________________________, a ___________ corporation, whose address is _____________________________________, (hereinafter referred to as “Contractor”).

WHEREAS, the County desires to engage the services of Contractor for Grinding of Bulk Piles of Tree and Yard

Debris services per Cubic Yard on an as-needed basis; and

WHEREAS, Contractor is qualified to perform this service and desires to render this service to the County as provided herein.

NOW THEREFORE, the County engages the services of Contractor for and in consideration of the mutual promises contained in this Agreement and the parties agree as follows:

1. Services Provided by Contractor.

The Contractor will furnish all products, tools, construction equipment, skill and labor of every description necessary to carry out and to complete in a good, firm, substantial workmanlike manner grinding services in accordance with the County’s Invitation to Bid (ITB) No. 22-_____ , incorporated herein by reference, (hereinafter called “Work”), and Contractor’s bid dated ________________, attached hereto and made a part hereof, (hereinafter called “Bid”). Contractor shall provide, at their expense, all vehicles and equipment necessary to provide this Work. The Work shall be performed at the direction of the Director of General Services or her designee and consistent with all Federal, State and Local laws.

The Contract Documents, Bid documents, drawings, and invitation to bid are considered essential parts of the

Agreement, and requirements occurring in one are as binding as though occurring in all. They are intended to define, describe, and provide for all labor necessary to complete the Work in an acceptable manner, ready for use, or operation by the County.

The Contractor shall commence the Work to be performed under this Contract Agreement on a date to be specific in a written Notice to Proceed.

2. Fees and Compensation.

(a) All unit pricing is fixed, at a cost of $_________/CY, through the term of this Agreement as set forth in

Contractor’s Bid dated _________________, attached hereto and made a part hereof, unless amended as agreed upon by both parties in writing as detailed in Section 6 of this Agreement. The County shall provide payment within thirty (30) days of receiving said invoice.

It is understood that the Contractor shall provide and pay for all products, labor (including labor performed after regular working hours, on Saturdays or Sundays, or on legal holidays), tools, construction equipment, supervision, and all other services and facilities of any nature whatsoever necessary to execute, complete, place into operation, and deliver the Work.

The Contractor shall be responsible for any additional expenses incurred by the County as a result of the extended work hours, including resident inspection overtime. The cost associated with resident inspector overtime will be deducted from the Contractor's monthly payment request.

(b) Payments Withheld: The County may decline to approve an application for payment, in whole or in part, as may be necessary to protect the County from loss because of:

(1) Failure of the Contractor to make payments properly to subcontractors or for labor or products.

(2) Unsatisfactory prosecution of the Work by the Contractor either due to quality of the Work or if the Contractor is behind the currently approved construction schedule.

When the above reasons for nonpayment are corrected, then payment will be made for amounts withheld because of such reasons, not later than the next payment.

3. Effective Dates of Agreement.

The effective date of this Agreement shall be the date said Agreement is signed by the Chairman of the Rockdale

County Board of Commissioners (the “Board”). The term of this Agreement shall be for one (1) year (“Term”), from the date of this Agreement, unless and until terminated as provided below. This agreement has an option to renew two (2) additional one-year periods, unless terminated be either party as detailed in section 13 of this Agreement.

4. Rejection of Work and Materials.

All products furnished and all Work completed will be inspected by the County. All products furnished and all

Work completed that is not in accordance with the Contract Documents or that is defective will be rejected. All rejected products or Work shall be removed immediately. If rejected products or Work is not removed within

48 hours, the County will have the right and authority to stop the Work immediately and will have the right to arrange for the removal of said rejected products or Work at the cost and expense of the Contractor. Contractor shall warrant all Work completed for a five (5) year period following acceptance of Work.

5. Supervision of Work.

The Contractor shall supervise and direct the Work. The Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of the Work. The Contractor shall employ and maintain on the Work a qualified supervisor or superintendent who shall be designated in writing by the

Contractor as the Contractor's representative at the site. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the Work.

The supervisor shall have full authority to act on behalf of the Contractor and to execute the orders or directions of the County without delay. The supervisor shall have full authority to promptly supply products, tools, plant equipment and labor as may be required. The supervisor's authority shall be such that all communication given to the supervisor shall be as binding as if given to the Contractor.

The Contractor shall employ only competent and skilled personnel. The Contractor shall, upon demand from the County, immediately remove any superintendent, foreman or workman whom the County may consider incompetent or undesirable.

6. Changes in the Contract.

The County may at any time, as the need arises, order changes within the scope of the Work without invalidating the Contract Agreement. If such changes increase or decrease the amount due under the

Contract Documents, or in the time required for performance of the Work, an equitable adjustment will be authorized by Change Order.

7. Insurance.

The Contractor shall not commence any work under this Contract until all insurance, as stipulated in the invitation to bid, has been obtained and such insurance has been approved by the County, nor shall the Contractor allow any subcontractor to commence any work on subcontractor's contract until all similar insurance required of the subcontractor has been so obtained and approved by the Contractor.

8. Interruption of Facility Operations.

The Contractor shall provide the County with written notice at least three days prior to any interruption in facility operations required by construction activity. The notice shall include the date and time of the scheduled interruption, the length of time the interruption will be in effect, the procedures to be followed, a complete identification of all those processes, equipment, and operations to be affected, and all other information the County may require. The

Contractor shall provide any equipment, piping, auxiliary power, or other means necessary to sustain facility operations.

9. Protection of Work, Property and Persons.

(a) The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the Work and other persons who may be affected thereby, all the Work and all products to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

(b) The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction, promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and under Section

107 of the Contract Work Hours and Safety Standards Act (PL 91-54) as amended. The Contractor shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for safety and protection.

(c) The Contractor shall remedy all damage, injury or loss to any property, improvements or facilities caused, directly or indirectly, in whole or in part, by the Contractor or any of the Contractor's subcontractors or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The property, improvements or facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the

Work. In case of failure on the part of the Contractor to restore such property, or make good such damages or injury, the County may, after 48 hours written notice, proceed to repair, rebuild, or otherwise restore such property, improvements or facilities as may be deemed necessary. The cost thereof will be deducted from any monies due, or which may become due the Contractor under this Contract.

(d) In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the

Contractor, without special instruction or authorization from the County, shall act to prevent threatened damage, injury, or loss.

(e) Completed Work and stored products shall be suitably protected during unseasonable weather, to allow Work to proceed in a timely fashion. Work planned, or in progress, should be performed to minimize impact of adverse weather.

10. Protection of the Environment.

(a) The Contractor shall be responsible for taking all measures required to minimize all types of pollution associated with the undertaking of the proposed Work and shall abide by the requirements of all governmental agencies having jurisdiction over the Work or Contractor's Project operations. This shall include but not be limited to air, water & noise pollution during torch cutting, grinding, burning, and grading operations.

(b) Any area used or involved in the Project that is disturbed by the Contractor, shall be restored to original or better condition, even though such area is outside the limits of that specified for grading, grassing, or landscaping.

(c) The Contractor is responsible for maintenance of all erosion control measures, final removal of all temporary

BMP’s, and irrigation of all permanent vegetative measures until fully established.

11. Protection, Location and Relocation of Utilities.

The Contractor shall notify utility owners of the new work in accordance with Georgia Law by calling the Utilities

Protection Center (UPC) at 800-282-7411, 72 hours before work is to begin. The Contractor shall protect from damage all existing improvements or utilities at, or in proximity to, the site of the Work, and shall repair or restore any damage to such facilities resulting from failure to exercise reasonable care in the performance of Work. If the

Contractor fails or refuses to repair any such damage promptly, the County may have the Work performed and charge the cost thereof to the Contractor.

Prior to the construction or installation of any new Work, the Contractor shall excavate all existing utilities within the vicinity of the Work to their actual vertical and horizontal location. In order to avoid conflicts between existing and new Work, the Contractor shall either relocate the existing utility on a temporary or permanent basis or shall take whatever means necessary to protect the existing facilities or utilities during the installation of new Work.

12. Indemnification.

In addition to its agreement to obtain and maintain insurance as set forth herein, the Contractor agrees to indemnify and hold harmless the County, its officers, agents, and employees, from any and all claims against the County, its officers, agents and employees, which arise out of any act or omission of the Contractor or any of the Contractor’s officers, agents and/or employees, and any and all claims which result from any condition created or maintained by the Contractor or anyone employed by the Contractor or any of their officers, agents or employees, which condition does not specify to be created or maintained by this Contract.

13. Termination of Agreement.

In the event either party elects to terminate this Agreement for whatever reason deemed appropriate, written notice shall be provided and termination shall be effective 15 days from receipt of written notice.

14. Notice.

Any notice or other communication required or permitted to be given under this Agreement must be in writing and must be mailed by overnight delivery or certified mail, postage prepaid, so that the notifying party can prove delivery of notice and the date thereof, and addressed as follows:

To the County: To the Contractor:

Rockdale County Finance Department _____________________

Attn: Tina Malone Attn: _________________

958 Milstead Avenue, Suite 300 ______________________

Conyers, GA 30012 _______________________

Email – tina.malone@rockdalecountyga.gov Email –

Phone – 770-278-7553 Phone - __________________

The addresses stated in this paragraph may be changed by the respective parties upon a documented notice delivered in advance, pursuant to this paragraph.

15. Assignment The Contractor shall have no right to transfer or assign its interest in this Agreement without the prior written consent of an authorized representative of the County.

mailto:tina.malone@rockdalecountyga.gov

16. Corporate Authority.

Contractor represents to the County that this Agreement, the transaction contemplated in this Agreement, and the execution and delivery hereof, have been duly authorized by all necessary corporate proceedings and actions, including, without limitation, the action on the part of the directors. The individual executing this Agreement on behalf of Contractor warrants that he or she is authorized to do so and that this Agreement constitutes the legally binding obligation of the corporation.

17. Waiver.

No action taken pursuant to this Agreement shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant or agreement in this Agreement. The waiver by any party of a breach of any provision or condition contained in this Agreement shall not operate or be construed as a waiver of any subsequent breach or of any other conditions.

18. Severability.

If any provision of this Agreement or application to any party or circumstances shall be determined by any court of competent jurisdiction to be unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person or circumstances, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision hereof shall be valid and shall be enforced to the fullest extent permitted by law.

19. Interpretation.

Should any provision of this Agreement require a judicial interpretation, the parties agree that the body interpreting or construing this Agreement will not apply the assumption that the terms of this Agreement will be more strictly construed against one party by reason of the rule of legal construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared the Agreement. The parties acknowledge and agree that they and their agents have each participated equally in the negotiation and preparation of this Agreement.

20. Venue & Jurisdiction.

The County and the Contractor, by entering into this Promissory Note, hereby agree that the courts of Rockdale

County, Georgia shall have jurisdiction to hear and determine any claims or disputes between them pertaining directly or indirectly to this Agreement. Contractor expressly submits and consents in advance to such jurisdiction in any action or proceeding commenced in said courts. The choice of forum set forth in this section shall not be deemed to preclude the bringing of any action by the County or the enforcement by the County of any judgment obtained in such forum in any other appropriate jurisdiction. Further, the Contractor hereby waives the right to assert the defense of forum non-conveniens and the right to challenge the venue of any court proceeding.

21. Governing Law.

This Agreement shall be construed and interpreted according to the provisions of the laws of the State of Georgia.

22. Binding Effect.

This Agreement shall be binding upon the Contractor and its successors and permitted assigns.

23. Further Assurances.

The Contractor agrees to execute, acknowledge, seal and deliver, after the date of this Agreement, without additional consideration, such further assurances, instruments and documents, and to take such further actions, as the County may reasonably request in order to fulfill the intent of this Agreement and the transactions contemplated by this Agreement.

24. Entire Agreement.

This Agreement, its attachments, and essential documents (as provided in paragraph 1 above) represent the entire understanding of the parties with regard to the subject matter of this Agreement. There are no oral agreements, understandings, or representations made by any party to this Agreement that are outside of this Agreement and are not expressly stated in it. No supplement, modification, or amendment of this Agreement will be binding unless executed in writing by all parties.

By signing this Agreement, the parties acknowledge that they have read each and every page of this Agreement before signing same and that they understand and assent to all the terms thereof. In addition, by signing this Agreement, the parties acknowledge that they are entering into this Agreement freely and voluntarily and under no compulsion or duress. For purposes of executing this Agreement and any Change Orders, electronic/scanned/photocopied signatures shall be as valid as the original.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date and year first above written.

VENDOR NAME HERE ROCKDALE COUNTY, GEORGIA

By: _______________________________ By: ______________________________

Osborn Nesbitt, Sr., Chairman

Federal Tax I.D. Number

Attest: Attest:

Corporate Secretary or Assistant Jennifer Rutledge, Executive Director

Corporate Secretary County Clerk

Approved as to form:

M. Qader A. Baig, County Attorney

SUBCONTRACTORS

Instructions: Type or clearly print all information.

NAME, ADDRESS, & PHONE NUMBER

OF SUBCONTRACTOR

SUBCONTRACT WORK ITEM

DOLLAR VALUE OF

SUBCONTRACT WORK

1.

2.

3.

4.

5.

6.

Representative’s Signature: __________________________________ Date: __________________________

BIDDER’S CHECKLIST

__________ THREE (3) HARDCOPIES (one original, two photocopies) and ONE (1) FLASH DRIVE

(containing a copy in Adobe PDF format) of the following documents: all documents shall be fully completed, signed, and dated:

__________ Bid Form (See Page 11)

__________ Contractor’s Qualification Statement & Questionnaire (See Pages 12 - 16)

__________ Subcontractors (See Page 23)

__________ Any Proposed Deviations from the Required Specifications, Including Necessary Explanations and Conditions

__________ Proof of Business License

The purpose of this checklist is to remind bidders of the documents generally required for the bid submittal. It is the bidder’s responsibility to include additional documents requested in the bid that may not be shown on the checklist.