RFB No. 22-0022 Fencing Materials (Annual Contract) Page 1 of 26

FINANCE DEPARTMENT

PURCHASING DIVISION 100 TENTH STREET, COLUMBUS, GEORGIA 31901

P.O. BOX 1340, COLUMBUS, GEORGIA 31902-1340

706-225-4087, Fax 706-225-3033 www.columbusga.org Date: November 22, 2021

REQUEST

FOR BIDS

RFB No: 22-0022

Qualified vendors are invited to submit sealed bids, subject to conditions and instructions as specified for the furnishing of:

FENCING MATERIALS

(Annual Contract)

GENERAL

SCOPE

Provide chain link fences, barbed wire, corner posts and other fencing materials to the Public Works and Parks & Recreation Departments. The items will be procured on an “as needed” basis. The contract term will be for two (2) years with the option to renew for three additional twelve-month periods.

DUE DATE

DECEMBER 22, 2021 – 2:30 PM (Eastern) Responses must be submitted via DemandStar on or before the due date. A virtual opening will be held during the 3:00 PM hour of the due date. Responding vendors are not required, but are invited to attend the opening.

If you wish to attend the virtual opening, use one of the Microsoft Teams meeting options: Click here to join the meeting Or call in (audio only) +1 478-239-

0725,,855808406# United States, Macon Phone Conference ID: 855 808 406# Find a local number | Reset PIN . Note: Columbus Consolidated Government is not responsible for technical issues that may arise during the virtual opening.

BID SUBMISSION

REQUIREMENTS

See Appendix A through D for Submission Requirements, Submission Requirements Checklist, and DemandStar Registration and Submission Instructions.

ADDENDA

IMPORTANT INFORMATION

Any and all addenda will be posted on the Purchasing Division’s web page, at https://www.columbusga.gov/finance/purchasing/docs/opportunities/Bid_Opportunities.ht

m. It is the vendors’ responsibility to periodically visit the web page for addenda before the due date and prior to submitting a quote.

“NO BID”

RESPONSE

Refer to the form on page 3 if you are not interested in this invitation.

Andrea J. McCorvey

Purchasing Division Manager

COLUMBUS CONSOLIDATED GOVERNMENT

Georgia’s First Consolidated Government http://www.columbusga.org/ https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fl%2Fmeetup-join%2F19%253ameeting_ZDBhMjU0OWQtNzhmMC00MWI3LWFmYTUtMWE5Mzg1MjYzNjJh%2540thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%2522f6bad3c9-1001-44da-acff-b25808ccd0c4%2522%252c%2522Oid%2522%253a%252231b993f8-2ba4-4447-8595-e9bd2a9237bb%2522%257d&data=04%7C01%7CPostorino.Patti%40columbusga.org%7C76679aafcef641b2945608d8c307fdd1%7Cf6bad3c9100144daacffb25808ccd0c4%7C1%7C0%7C637473786378863294%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=ewYcfzZnex5rqmALFZtXZVGEFmh4HvCIOxvihm9qfWk%3D&reserved=0 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RFB No. 22-0022 Fencing Materials (Annual Contract) Page 2 of 26

IMPORTANT INFORMATION

e-Notification

The City uses the Georgia Procurement Registry e-notification system. You must register with the Team Georgia Market Place/Georgia Procurement Registry to receive future procurement notifications via http://doas.ga.gov/state-purchasing/suppliers/getting-started-as-a-supplier.

If you have any questions or encounter any problems while registering, please contact the Team Georgia Marketplace Procurement Helpdesk:

Telephone: 404-657-6000 Fax: 404-657-8444 Email: procurementhelp@doas.ga.gov http://doas.ga.gov/state-purchasing/suppliers/getting-started-as-a-supplier http://doas.ga.gov/state-purchasing/suppliers/getting-started-as-a-supplier mailto:procurementhelp@doas.ga.gov

RFB No. 22-0022 Fencing Materials (Annual Contract) Page 3 of 26

STATEMENT OF "NO BID"

Notify the Purchasing Division if you do not intend to submit a bid:

Email: BidOpportunities@ColumbusGA.org Fax: 706-225-3033 Attn: Patti Postorino Buyer

We, the undersigned decline to bid on your RFB NO. 22-0022 for Fencing Materials (Annual Contract) for the following reason(s):

Specifications too "tight", i.e. geared toward one brand or manufacturer only (explain below) There is insufficient time to respond to the Request for Bids.

We do not offer this product or service.

We are unable to meet specifications.

We are unable to meet bond requirements.

Specifications are unclear (explain below).

We are unable to meet insurance requirements.

Other (specify below)

Comments:

COMPANY NAME:

AGENT:

DATE:

EMAIL:

mailto:BidOpportunities@ColumbusGA.org

RFB No. 22-0022 Fencing Materials (Annual Contract) Page 4 of 26

GENERAL PROVISIONS

THESE GENERAL PROVISIONS SHALL BE DEEMED AS PART OF THE BID SPECIFICATIONS.

The provisions of the Procurement Ordinance for the Consolidated Government of Columbus, Georgia as adopted and amended by Council shall apply to all invitations for bids and award of all contracts and is specifically incorporated herein by this reference. A copy of the ordinance is on file in the Purchasing Division.

1. TERM “CITY”. The term “City” as used throughout these documents will mean Consolidated Government of Columbus, Georgia.

2. PREPARATION OF FORM. Bid proposals shall be submitted on the forms provided by the City. All figures must be written in ink or typewritten. Figures written in pencil or erasures are not acceptable. However, mistakes may be crossed out, corrections inserted adjacent thereto, initialed in ink by the person signing the proposal. If there are discrepancies between unit prices quoted and extensions, the unit price will prevail. Failure to properly sign forms, in ink, will render bid incomplete.

3. EXECUTION OF THE BID PROPOSAL. Execution of the bid proposal will indicate the bidder is familiar and in compliance with all local laws, regulations, ordinances, site inspections, licenses, dray tags, etc.

4. BID DUE DATE. The bid submission must arrive in the Purchasing Division on or before the stated due date and time. Upon receipt, bids will be time and date stamped. Bids will remain sealed and secured until the stated due date and time for the bid opening.

5. BID OPENING. Bids shall be opened publicly in the presence of one or more witnesses at the time and place stated in the public notice. The amount of each bid, the bidder's name and such other relevant information as the Purchasing Manager deems appropriate shall be recorded and retained in accordance with Georgia law. The record and each bid shall be open to the public in accordance with Article 3. 301A of the Procurement Ordinance (Public Access to Procurement Information).

6. LATE BIDS. It is the responsibility of the bidder to ensure bids are submitted by the specified due date and time.

Bids received after the stated date and time will be returned, unopened, to the bidder. The official clock to determine the date and time will be the time/date stamp located in the Finance Department. All bids received will be time and date stamped by the official clock. The City will not be held responsible for the late delivery of bids due to the U.S.

Mail Service, or any other courier service.

7. RECEIPT OF ONE SEALED BID. In the event only one sealed bid is received, no formal bid opening shall take place. First, the Purchasing Division shall conduct a survey of vendors to inquire of “no bid” responses and non-responsive vendors. If, from the survey, it is determined by the Purchasing Division that specifications need revision, the one bid received will be returned, unopened, to the responding vendor, with a letter of explanation and a new bid solicitation prepared. If it is determined that other vendors need to be contacted, the bid due date will be extended, and the one bid received will remain sealed until the new bid opening date. The vendor submitting the single bid will receive a letter of explanation.

If it is determined the one bid received is from the only responsive, responsible bidder, then the bid shall be opened by the Purchasing Division Manager or designee, in the presence of at least one other witness. The single bid will be evaluated by the using agency for award recommendation.

8. RECEIPT OF TIE BIDS. In the event multiple responsive, responsible bidders are tied for the lowest price and all other terms and requirements are met by all tied bidders, the award recommendation shall be resolved in the order of the preferences listed below:

1. Award to the local bidder whose principal place of business is located in Columbus, Georgia.

2. Award to bidder previously awarded based on favorable prior experience.

3. Award to bidder whose principal place of business is located in the State of Georgia.

4. If feasible, divide the award equally among the bidders.

5. If it is not feasible to award equally and only two bidders are tied, perform a coin toss in the presence of the two bidders, either in person or virtually.

6. If the above preferences are insufficient to resolve the tie, all bid responses will be rejected and the bid will be re-advertised.

9. RECEIPT OF MULTIPLE BIDS. Unless otherwise stated in the bid specifications, the City will accept one and only one bid per vendor. Any unsolicited multiple bid(s) will not be considered. If prior to the bid opening, more than one bid is received from the same vendor, the following will occur: (1) the bidder will be contacted and required to submit written acknowledgment of the bid to be considered; (2) the additional bid(s) will be returned to the bidder unopened. If at the bid opening more than one bid is enclosed in a single bid package, the City will consider the vendor non-responsive and bids will be returned to the bidder.

10. CONDITIONS AND PACKAGING. Unless otherwise defined in the bid specifications, it is understood and agreed that any item offered or furnished shall be new, in current production and in first class condition, that all containers shall be new and suitable for storage or shipment, and that prices include standard commercial packaging.

RFB No. 22-0022 Fencing Materials (Annual Contract) Page 5 of 26

11. FREIGHT/SHIPPING/HANDLING CHARGES. All freight, shipping, and handling charges shall be included in the bid price. The City will pay no additional charges.

12. CORRECTION OR WITHDRAWAL OF BIDS; CANCELLATION OF AWARDS

Correction or withdrawal of inadvertently erroneous bids before bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted where appropriate. Mistakes discovered before bid opening may be modified or withdrawn by written notice received in the Purchasing Division.

After bid opening, corrections in bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake and the bid price actually intended. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the City or fair competition shall be permitted. In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if the mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident, or if the bidder submits evidence which clearly and convincingly demonstrate that a mistake was made.

All decisions to permit correction or withdrawal of bids or to cancel awards of contracts based on bid mistakes will be supported by the Purchasing Manager's written determination.

13. ADDENDA AND INTERPRETATIONS. If it becomes necessary to revise any part of this bid, a written addendum will be provided to all bidders. The City is not bound by any oral representations, clarifications, or changes made to the written specifications by City employees, unless such clarification or change is provided to the bidders in written addendum form from the Purchasing Officer. Bidders will be required to acknowledge receipt of the addenda (if applicable) in their sealed bid proposal. The vendor may provide an initialed copy of each addendum or initial the appropriate area on the bid form (pricing page). Failure to acknowledge receipt of the addenda (when applicable) will render bid incomplete. It is the bidder’s responsibility to ensure that they have received all addenda.

14. BID RECEIPT AND EVALUATION. Bids shall be unconditionally received without alteration or correction except as authorized in the City's Procurement Ordinance. Bids shall be evaluated based on requirements set forth in the Invitation for Bid, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation cost, and total or life-cycle costs. The specifications presented in the Invitation for Bids shall represent the evaluation criteria. No other criteria may be used to evaluate bids.

15. TIME FOR CONSIDERATION. Bids must remain in effect for at least sixty (60) days after date of receipt to allow for evaluation.

16. BID SECURITY

(1) Requirement for Bid Security. Bid security shall be required for all competitive sealed bids for construction contracts when the price is estimated by the Purchasing Manager to exceed $25,000. Bid security shall be a bond provided by a surety company authorized to do business in the State, or other form satisfactory to the City. Such bonds may also be required on construction contracts under $25,000 or other procurement contracts when circumstances warrant.

(2) Amount of Bid Security. Bid security shall be in an amount equal to at least five percent (5%) of the bid amount.

(3) Rejection of Bids for Noncompliance with Bid Security Requirements. When the invitation for Bids requires security, noncompliance with such requirement shall force rejection of a bid.

(4) Withdrawal of Bids. If a bidder is permitted to withdraw its bid before award as provided in Section 3-108 Subsection (G) (Competitive Sealed Bidding – Correction or Withdrawal of Bids: Cancellation of Awards), no action shall be had against the bidder or the bid security.

17. CONTRACT PERFORMANCE AND PAYMENT BONDS

(1) When Required: Amounts. When a construction contract is awarded in excess of $25,000, the following bonds or security shall be delivered to the City, and shall be binding on the parties upon the execution of the contract:

a. a performance bond satisfactory to the City executed by a surely company authorized to do business in the State, or otherwise secured in a manner satisfactory to the City, amounting to one hundred percent (100%) of the price specified in the contract; and

b. a payment bond satisfactory to the City executed by a surety company authorized to do business in the State or otherwise secured in a manner satisfactory to the City, to protect all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the contract, amounting to one hundred percent (100%) of the price specified in the contract.

At the discretion of the Purchasing Manager, this same condition may be placed on awards of any amount.

RFB No. 22-0022 Fencing Materials (Annual Contract) Page 6 of 26

(2) Authority to Require Additional Bonds. Nothing in this Section shall be construed to limit the authority of the City to require a performance bond or other security in addition to the bonds, in circumstances other than the circumstances described in Subsection (1) above.

18. SUBCONTRACTING. Should bidder intend to subcontract all or any part of the work specified, name(s) and address(es) of sub-contractor(s) must be provided in bid proposal (use additional sheet if necessary). The bidder shall be responsible for subcontractor(s) full compliance with the requirements of the bid specifications. THE COLUMBUS

CONSOLIDATED GOVERNMENT WILL NOT BE RESPONSIBLE FOR PAYMENTS TO SUBCONTRACTORS.

19. DISQUALIFICATION OF BIDDERS AND REJECTION OF BIDS. Bidders may be disqualified and rejection of bid proposals may be recommended by the City for any (but not limited) to the following reasons:

(A) Receipt after the time limit for receiving bid proposals as stated in the bid invitation.

(B) Any irregularities contrary to the General Provisions or bid specifications.

(C) Unbalanced unit price or extensions.

(D) Unbalanced value of items.

(E) Failure to use the proper forms furnished by the Consolidated Government.

(F) Failure to complete the proposal properly

(G) Omission of warranty, product literature, samples, acknowledgment of addenda or other items required to be included with bid proposal.

(H) Failure to properly sign forms in ink.

The City reserves the right to waive any minor informality or irregularity. The City reserves the right to reject any and all bids.

20. BRAND NAMES “OR EQUAL”. Whenever in this invitation any particular material, process and/or equipment are indicated or specified by patent, proprietary or brand name of manufacturer, such wording will be deemed to be used for the purpose of facilitating description of the material, process and/or equipment desired by the City. It is not meant to eliminate bidders or restrict competition in any bid process. Any manufacturers’ names, drawings, trade names, brand names, specifications and/or catalog numbers used herein are for the purpose of description and establishing general quality levels. Bidders may propose equivalent equipment, services or manufacturer. Any proposal that is equivalent to or surpasses stated specifications will be considered. Determination of equivalency shall rest solely with the City. Please Note: Due to existing equipment, specific manufacturers may be required to facilitate compatibility.

21. ASSIGNMENT OF CONTRACTUAL RIGHTS. It is agreed that the successful bidder will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof, without previous consent of the City and any sureties.

22. DISCOUNTS. Terms of payments offered will be reflected in the space provided on the bid proposal form. Cash discounts will be considered net in the bid evaluation process. All terms of payment (cash discounts) will be taken and computed from the date of delivery of acceptable material or services, or the date of receipt of the invoice, whichever is later.

23. TAXES. The City is exempt from State Retail Tax and Federal Excise Tax. Tax Exemption No. GA Code Sec.

48-8-3. Federal ID No. 58-1097948.

24. FEDERAL, STATE AND LOCAL LAWS. All bidders will comply with all Federal, State, and Local laws and ordinances, relative to conducting business in Columbus, Georgia.

25. BID INCLUSIONS. When bid inclusions are required, such as warranty information, product literature/specifications, references, etc. The inclusions should reference all aspects of the specific equipment or service proposed by the bidder. Do not include general descriptive catalogs. References to literature or other required inclusions submitted previously does not satisfy this provision. Bids found to be in non-compliance with these requirements will be subject to rejection.

26. NON-COLLUSION. By signing and submitting this bid, bidder declares that its agents, officers or employees have not directly or indirectly entered into any agreements, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this bid. In the event, said bidder is found guilty of collusion, the company and agents will be removed from the City’s bid list for one full year and any current orders will be canceled.

27. INDEMNITY. The successful bidder agrees, by entering into this contract, to defend, indemnify and hold City harmless from any and all causes of action or claims of damages arising out or under this contract.

28. DISADVANTAGED BUSINESS ENTERPRISE. Disadvantaged Business Enterprises (minority or women owned businesses) will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, creed, sex, sexual orientation, gender identity or national origin in consideration for an award. It is the policy of the City that disadvantaged business enterprises and minority business enterprises have an opportunity to participate at all levels of contracting in the performance of City contracts to the extent practical and consistent with the efficient performance of the contract.

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29. AFFIRMATIVE ACTION PROGRAM - NON-DISCRIMINATION CLAUSE. The Consolidated Government of Columbus, Georgia (“the City”) is committed to using Disadvantaged Business Enterprises (DBEs) (small, women-owned and minority business enterprises) to the greatest extent practical in all solicitations and day-to-day procurement needs of the City and to taking specific affirmative actions to meet these commitments.

The City has an Affirmative Action Program in connection with Equal Employment Opportunities. The successful bidder will comply with all Federal and State requirements concerning fair employment and employment of the handicapped, and concerning the treatment of all employees, and will not discriminate between or among them by reason of race, color, age, religion, sex, sexual orientation, gender identity, national origin or physical handicap.

30. AWARDS TO LOCAL BUSINESSES. Except for construction contracts, Federally funded projects, Request for Proposals and Request for Qualifications, awards will be made to responsive and responsible local businesses proposing a cost not more than two percent (2%) above the low bid or quote for contracts involving an expenditure less than or equal to $25,000.00; and made to responsive and responsible local businesses proposing a cost not more than one percent (1%) above the low bid or quote for contracts involving an expenditure greater than $25,000.00.

31. RIGHT TO PROTEST.

(1) Right of Protest. Any actual or prospective bidder offeror, or contractor who is aggrieved in connection with a solicitation or award of a contract may protest to the Purchasing Manager initially. All protests shall be filed in the manner prescribed herein. Protests that do not comply with the following rules shall be deemed invalid and of no effect.

(2) The protest must be in writing, executed by a company officer that is authorized to execute agreements on behalf of the bidder or offeror or provided by an authorized legal representative of the protestor.

(3) A protest with respect to an invitation for Bids or Request for Proposals shall be submitted in writing no less than five (5) business days prior to the opening of bids or the closing date of proposals or qualification statements.

(4) Stay of Procurement During Protests. If there is a timely protest submitted as described above, the Purchasing Manager shall not proceed further with the solicitation or award of the contract until all administrative remedies have been exhausted or until the City Council, Mayor, or City Manager makes a determination on the record that the award of the contract without delay is necessary to protect substantial interests of the City.

32. FAILURE TO BID. Vendors choosing not to submit a bid are requested to return a Statement of “No Bid”.

33. PRODUCT/EQUIPMENT DEMONSTRATION - SITE VISIT. During the evaluation of bids, the City reserves the right to request a demonstration or site visit of the product, equipment or service offered by a bidder. The demonstration or site visit shall be at the expense of the bidder. Bidders who fail to provide demonstration or site visit, as requested, will be considered non-responsive.

34. CANCELLATION PROVISIONS. An Invitation for Bid, Request for Proposal, or other solicitation may be canceled, or any or all bids, proposals or responses rejected in whole or in part, at the discretion of the City for any reason whatsoever. The reasons for the cancellation shall be sent to all businesses solicited or that responded. The notice shall identify the solicitation, give the reasons for the cancellation, and when appropriate state that an opportunity will be given to compete on any re-solicitation or similar procurement in the future. Reasons for rejection will be provided to unsuccessful bidders or offerors.

When such action is in the best financial interest of the City, contracts for supplies to be purchased or services to be rendered under an annual (term) contract basis may be canceled and re-advertised at the discretion of the Purchasing Officer and in accordance with contract terms.

After the receipt of a product or piece of equipment, it is found that said item does not perform as specified and required, payment for said product or equipment will be withheld. The successful vendor will be notified of the non-performance in writing. After notification, the successful vendor will have ten (10) calendar days, from the date of notification, to deliver product or equipment which performs satisfactorily. If a satisfactory product is not delivered within 10 calendar days, from the notification date, the City will cancel the contract (purchase order) and award to the next low, responsive, responsible bidder. The vendor will be responsible for the pick-up or shipment of the unsatisfactory equipment or product.

35. QUESTIONS: Questions concerning specifications must be submitted, in writing, at least 5 (five) working days (Monday-Friday) prior to receipt date. Questions received less than five working days prior to receipt date will not be considered.

36. SAMPLES: When samples are required to be included with the proposal response, the bidder will be responsible for the following:

1) Unless otherwise specified, bidders are required to submit exact samples of item(s) bid. Do not submit sample of “like” item(s).

2) Affix an identification label to each individual sample to include bidder’s name, bid name and number.

3) Make arrangements for the return of sample after the bid award. All shipping costs will be the responsibility of the bidder. If bidder does not make arrangements for return of sample, within 60 days after award, the sample will be discarded.

RFB No. 22-0022 Fencing Materials (Annual Contract) Page 8 of 26

37. GOVERNING LAW: The parties agree that this Agreement shall be governed by the laws of Georgia, both as to interpretations and performance.

38. PAYMENT DEDUCTIONS: The City reserves the right to deduct, from payments to awarded vendor(s), any amount owed to the City for various fees, to include, but not limited to: False Alarm fees, Ambulance fees, Occupation License Fees, Landfill fees, etc.

39. PAYMENT TERMS: The City's standard payment term is usually net 30 days, after successful receipt of goods or services. Payment may take longer if invoice is not properly documented or not easily identifiable, goods/services are not acceptable, or invoice is in dispute.

40. FINAL CONTRACT DOCUMENTS: If a formal contract is required as a result of the Request for Bid; the final contract shall include the following: 1) The RFB; 2) Addenda; 3) Awarded Vendors(s) Bid response; 4) Awarded Vendor(s) Clarifications; and 5) Awarded Vendor(s) Business Requirements.

NOTICE TO VENDORS

Sec. 2-3.05. - Submitting bids to Consolidated Government, etc.—By mayor or councilmembers.

Neither the mayor nor any member of the Columbus Council shall submit any bid to the consolidated government, nor shall the mayor or any member of the Columbus Council own or have a substantial pecuniary interest in any business that submits a bid to the consolidated government. (Ord. No. 92-60, 6-23-92)

Sec. 2-3.06. - Same—By members of boards, authorities, commissions.

No member of any board or authority or commission or other independent or subordinate entity of the consolidated government shall submit any bid to the consolidated government or have a substantial pecuniary interest in any business that submits a bid to the consolidated government if such bid pertains to the board or authority or commission on which such person holds such membership. (Ord. No. 92-61, 6-23-92)

RFB No. 22-0022 Fencing Materials (Annual Contract) Page 9 of 26

DO YOU HAVE QUESTIONS, CONCERNS OR NEED

CLARIFICATION ABOUT THIS SOLICITATION?

COMMUNICATION CONCERNING ANY SOLICITATION CURRENTLY

ADVERTISED MUST TAKE PLACE IN WRITTEN FORM AND ADDRESSED TO

THE PURCHASING DIVISION.

ALL QUESTIONS OR CLARIFICATIONS CONCERNING THIS SOLICITATION

SHALL BE SUBMITTED IN WRITING. THE CITY WILL NOT ORALLY OR

TELEPHONICALLY ADDRESS ANY QUESTION OR CLARIFICATION

REGARDING BID/PROPOSAL SPECIFICATIONS. IF A VENDOR VISITS OR

CALLS THE PURCHASING DIVISION WITH SUCH QUESTIONS, HE OR SHE

WILL BE INSTRUCTED TO SUBMIT THE QUESTIONS IN WRITING.

ALL CONTACT CONCERNING THIS SOLICITATION SHALL BE MADE

THROUGH THE PURCHASING DIVISION. BIDDERS SHALL NOT CONTACT

CITY EMPLOYEES, DEPARTMENT HEADS, USING AGENCIES, EVALUATION

COMMITTEE MEMBERS OR ELECTED OFFICIALS WITH QUESTIONS OR ANY

OTHER CONCERNS ABOUT THE SOLICITATION. QUESTIONS,

CLARIFICATIONS, OR CONCERNS SHALL BE SUBMITTED TO THE

PURCHASING DIVISION IN WRITING. IF IT IS NECESSARY THAT A

TECHNICAL QUESTION NEEDS ADDRESSING, THE PURCHASING DIVISION

WILL FORWARD SUCH TO THE USING AGENCY, WHO WILL SUBMIT A

WRITTEN RESPONSE.

THE PURCHASING DIVISION WILL FORWARD WRITTEN RESPONSES TO THE

RESPECTIVE BIDDER OR IF IT BECOMES NECESSARY TO REVISE ANY PART

OF THIS SOLICITATION, A WRITTEN ADDENDUM WILL BE ISSUED TO ALL

BIDDERS.

THE CITY IS NOT BOUND BY ANY ORAL REPRESENTATIONS,

CLARIFICATIONS, OR CHANGES MADE TO THE WRITTEN SPECIFICATIONS

BY CITY EMPLOYEES, UNLESS SUCH CLARIFICATION OR CHANGE IS

PROVIDED TO THE BIDDERS IN A WRITTEN ADDENDUM FROM THE

PURCHASING MANAGER.

BIDDERS ARE INSTRUCTED TO USE THE ENCLOSED

“QUESTION/CLARIFICATION FORM” TO FAX OR EMAIL QUESTION.

ANY REQUEST, AFTER A SOLICITATION HAS CLOSED AND PENDING

AWARD, MUST ALSO BE SUBMITTED IN WRITING TO THE PURCHASING

DIVISION.

RFB No. 22-0022 Fencing Materials (Annual Contract) Page 10 of 26

QUESTION/CLARIFICATION FORM

DATE:

TO: Patti Postorino, Buyer Email BidOpportunities@ColumbusGA.org or Fax 706-225-3033

RE: RFB No. 22-0022; Fencing Materials (Annual Contract)

Questions/clarification requests must be submitted at least five (5) business days before the due date:

From:

Company Name Website

Representative Email Address

Complete Address City State Zip

Telephone Number Fax Number mailto:BidOpportunities@ColumbusGA.org

RFB No. 22-0022 Fencing Materials (Annual Contract) Page 11 of 26

GENERAL SPECIFICATIONS

FENCING MATERIALS

(Annual Contract) RFB No. 22-0022

I. SCOPE

Provide Fencing Materials to include: chain link fences, barbed wire, corner posts and/or other fencing materials to the Public Works Department and the Parks & Recreation Department on an “as needed” basis. The materials will be used to erect new fencing and repair existing fencing. This contract may also be utilized by any other City agency requiring the goods.

This is a requirement type contract, which will permit the purchase of items in the quantities to be designated at the time the orders are placed. The City may purchase some, all, more or none of the items contained on the bid form. The City reserves the right to add alike items during the term of the contract. Quotes will be obtained from contracted vendor(s) for any additional items.

II. BRAND NAMES

Reference to a particular trade name, brand name, manufacturer, catalog or model number are made for descriptive purposes to guide the bidder in interpreting the requirements of the City. They should not be construed as nor are they intended to exclude proposals on other materials and supplies. Any proposal that is equivalent to or surpasses stated specifications would be considered. Determination of equivalency shall rest solely with the City. NOTE: Specific manufacturers may be required to accommodate compatibility with existing equipment. Therefore, it is requested that bid responses be submitted in accordance with the specifications provided.

III. TERM OF CONTRACT

A. The term of contract shall be for two (2) years, with the option to renew for three (3) additional twelve-month periods. Contract renewal will be contingent upon the mutual agreement of the City and the Contractor.

Notice of intent to renew will be given to the contractor in writing by the Purchasing Division Director, normally sixty days before the expiration date of the current contract. This notice shall not be deemed to commit the City to a Contract renewal.

It should be noted that multi-year contracts may be continued each fiscal year only after funding appropriations and programs approval has been granted by the Council of the Consolidated Government of Columbus, Georgia. In the event the necessary funding is not approved, then the affected multi-year contract becomes null and void, effective July 1st of the fiscal year for which such approval has been denied.

B. Termination for Convenience For the protection of both parties, either party giving 30 days prior notice in writing to the other party may cancel this contract.

IV. ESCALATION CLAUSE

Contract pricing shall remain fixed for the initial two (2) year term of the contract. After the initial term, Contractor may request a price escalation by submitting a fully documented request (i.e.

documentation from manufacturers illustrating the necessity to implement price increases). Request for price increases, without documentation, shall not be considered. Such escalation shall not exceed a five percent (5%) increase. The using department(s) and the Purchasing Manager will review the request and shall approve or disapprove the increases based on budget constraints and other price comparisons.

If for any reason the contractor has a price increase that exceeds five percent (5%), the price increase will be evaluated on a case-by-case basis. The City and the Contractor will have the option to discuss

RFB No. 22-0022 Fencing Materials (Annual Contract) Page 12 of 26 and make adjustments to the requested increase. If either party declines approval of the adjustments, the contract will be considered cancelled on the scheduled expiration date of the contract.

V. QUESTIONS / ADDENDA

Questions and requests for clarification must be submitted within five (5) business days of the due date (see pages 9 & 10). Changes to the specifications (if any) will be provided in the form of an addendum, which will be posted on the web page of the Finance Department/Purchasing Division of Columbus Consolidated Government at https://www.columbusga.org/finance/purchasing/docs/opportunities/Bid_Opportunities.htm.

It is the vendors’ responsibility to periodically visit the web page for addenda before the due date and prior to submitting a quote.

VI. INDEMNITY CLAUSE

The Contractor covenants to save, defend, hold harmless, and indemnify the City, and all of its officers, departments, agencies, agents, and employees (collectively the "City") from and against any and all claims, losses, damages, injuries, fines, penalties, costs (including court costs and attorney’s fees), charges, liability, or exposure, however caused, resulting from, arising out of, or in any way connected with the Contractor’s intentional, negligent, or grossly negligent acts or omissions in performance or nonperformance of its work called for by the Contract Documents.

VII. BID SUBMISSION REQUIREMENTS

Each bidder shall include the following information with bid submission. Bidder shall submit ONE (1) ELECTONIC BID RESPONSE VIA DEMANSTAR. The City reserves the right to request any omitted information, to exclude Communication Concerning This Solicitation, WHICH DOES NOT AFFECT THE SUBMITTED BID PRICE. Bidders shall be notified, in writing, and shall have two (2) days, after notification to submit the omitted information. If the omitted information is not received within two (2) days, the Bidder shall be deemed non-responsive and the Bid Submission will be deemed “Incomplete”:

A. Communication Concerning This Solicitation: (Form 1) B. Bid Form and Pricing Pages: (Form 2 and Pages 17-18) C. Contract Signature Page: (Form 3) Provide all required information.

D. Product Literature: Provide the latest printed specifications and advertising literature on proposed products.

E. Warranty Information: Provide warranty information printed on manufacturer’s letterhead.

F. Sample Invoice: Provide an itemized Invoice sample depicting the billing format for the discount for non-listed items.

G. Addenda: Vendors must include acknowledgment of receipt of addenda (if any) in their sealed bid. Provide an initialed copy of each addendum or initial the appropriate area on bid form (pricing page). Addenda will be posted at https://www.columbusga.gov/finance/purchasing/docs/opportunities/Bid_Opportuni ties.htm

Vendors are responsible for periodically visiting the web page, to check for addenda, prior to the bid due date and before submitting a bid.

H. Business License: Vendors located in Muscogee County shall submit a current copy of their City of Columbus Business License (Occupation License). If the business is not located in Muscogee County and has proof of being properly licensed by a municipality in Georgia, and paid applicable occupation taxes in that city, the vendor will not be required to pay occupation taxes in Columbus, Georgia.

If the business location is not in Georgia, vendor must provide a current copy of their active Articles of Incorporation from the State and/or a current business license from the City/State in which business is located.

https://www.columbusga.org/finance/purchasing/docs/opportunities/Bid_Opportunities.htm

RFB No. 22-0022 Fencing Materials (Annual Contract) Page 13 of 26

If you have questions regarding this requirement, please contact Yvonne Ivey, Revenue Manager: 706-225-3091.

I. W-9 Rev 2018 Request for Taxpayer Identification Number and Certification (Form 4)

X. AWARD/ORDERING/DELIVERY/INVOICE

A. Award: This bid will be awarded to the lowest responsive, responsible bidder by line item or in total, whichever is in the best interest of the City. The City reserves the right to reject any and all bids. Columbus Consolidated Government will be the sole judge of the factors and will make the award accordingly. Should the successful bidder(s) not be able to supply the required items(s), the City reserves the right to purchase from other sources.

B. Ordering: The fencing materials will be procured on an “as needed” basis, by the departments listed below, either by phone or in person, at the successful bidder’s place of business to purchase the required materials.

Public Works Department Parks and Recreation Fleet Management Park Services 1011 Cusseta Road 1400 Cusseta Road Columbus, GA 31901 Columbus, GA 31901

Other Departments may contact vendor as needed.

C. Delivery: All shipping, delivery, and/or freight charges must be included in the Unit

Price. Columbus Consolidated Government will pay no additional shipping, delivery, and/or freight charges or any other additional fees.

Bidder(s) shall state on the pricing page the days for delivery from the time order is placed. The days shall be stated in calendar days. Inability of the successful bidder(s) to make delivery within specified time will authorize the City to purchase from other sources.

1. Local Vendor: Fencing material ordered shall be ready for pick-up within four

(4) hours from the time orders are placed. Special orders requiring custom fabrication shall be available for pick-up within four (4) days from the time orders are placed.

2. Non-Local Vendor: Fencing material ordered shall be delivered within twenty-four (24) hours from the time orders are placed. Special orders requiring custom fabrication shall be delivered within four (4) days from the time orders are placed.

D. Invoices: After receipt of goods/services and upon satisfactory delivery, the successful vendor shall forward itemized invoice(s) to the following address:

Columbus Consolidated Government Accounting Division – Accounts Payable P. O. Box 1340 Columbus, Georgia 31902-1340

The invoice(s) shall reference the bid number (RFB No. 22-0022) and/or purchase order number.

RFB No. 22-0022 Fencing Materials (Annual Contract) Page 14 of 26

XI. TERMINATION OF CONTRACT

Default: If the contractor refuses or fails to perform any of the provisions of this contract with such diligence as will ensure its completion within the time specified in this contract, or any extension thereof, otherwise fails to timely satisfy the contract provisions, or commits any other substantial breach of this contract, the Purchasing Division Director may notify the contractor in writing of the delay or non-performance and if not cured within ten (10) days or any longer time specified in writing by the Purchasing Division Director, such director may terminate the contractor's right to proceed with the contract or such part of the contract as to which there has been delay or a failure to properly perform.

In the event of termination in whole or in part the Purchasing Division Director may procure similar supplies or services, from other sources, in a manner and upon terms deemed appropriate by the Purchasing Division Director. The contractor shall continue performance of the contract to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services.

Compensation: Payment for completed supplies delivered and accepted by the city shall be at the contract price. The City may withhold from amounts due the contractor such sums as the Purchasing Director deems to be necessary to protect the City against loss because of outstanding liens or claims of former lien holders and to reimburse the City for the excess costs incurred in procuring similar goods and services.

Excuse for Nonperformance or Delayed Performance: Except with respect to defaults of subcontractors, the contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms, if the contractor has notified the Purchasing Division Director within 15 days after the cause of the delay and the failure arises out of causes such as:

acts of God; acts of public enemy; acts of the City and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, the contractor shall not be deemed to be in default, unless the supplies or services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit the contractor to meet the contract requirements.

Upon request of the contractor, the Purchasing Division Director shall ascertain the facts and extent of such failure, and, if such director determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the contractor's progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly.

RFB No. 22-0022 Fencing Materials (Annual Contract) Page 15 of 26

FORM 1

COMMUNICATION CONCERNING THIS SOLICITATION

THIS PAGE MUST BE SIGNED AND RETURNED WITH THE

VENDOR’S BID/PROPOSAL. FAILURE TO INCLUDE THIS FORM

WILL AUTOMATICALLY RENDER VENDOR’S RESPONSE NON-

RESPONSIVE.

ALL QUESTIONS OR CLARIFICATIONS CONCERNING THIS SOLICITATION SHALL BE SUBMITTED IN

WRITING. THE CITY WILL NOT ORALLY OR TELEPHONICALLY ADDRESS ANY QUESTION OR

CLARIFICATION REGARDING BID/PROPOSAL SPECIFICATIONS. IF A VENDOR VISITS OR CALLS THE

PURCHASING DIVISION WITH SUCH QUESTIONS, HE OR SHE WILL BE INSTRUCTED TO SUBMIT THE

QUESTIONS IN WRITING.

ALL CONTACT CONCERNING THIS SOLICITATION SHALL BE MADE THROUGH THE

PURCHASING DIVISION. BIDDERS SHALL NOT CONTACT CITY EMPLOYEES, DEPARTMENT HEADS,

USING AGENCIES, EVALUATION COMMITTEE MEMBERS, INCLUDING NON-CCG EMPLOYEES,

CONTRACTED PERSONNEL ASSOCIATED WITH THIS PARTICULAR PROJECT (I.E. ARCHITECTS,

ENGINEERS, CONSULTANTS), OR ELECTED OFFICIALS WITH QUESTIONS OR ANY OTHER CONCERNS

ABOUT THE SOLICITATION. QUESTIONS, CLARIFICATIONS, OR CONCERNS SHALL BE SUBMITTED TO

THE PURCHASING DIVISION IN WRITING. IF IT IS NECESSARY THAT A TECHNICAL QUESTION NEEDS

ADDRESSING, THE PURCHASING DIVISION WILL FORWARD SUCH TO THE USING AGENCY, WHO

WILL SUBMIT A WRITTEN RESPONSE.

THE PURCHASING DIVISION WILL FORWARD WRITTEN RESPONSES TO THE RESPECTIVE BIDDER. IF

IT BECOMES NECESSARY TO REVISE ANY PART OF THIS SOLICITATION, A WRITTEN ADDENDUM

WILL BE ISSUED TO ALL BIDDERS.

THE CITY IS NOT BOUND BY ANY ORAL REPRESENTATIONS, CLARIFICATIONS, OR CHANGES MADE

TO THE WRITTEN SPECIFICATIONS BY CITY EMPLOYEES, UNLESS SUCH CLARIFICATION OR CHANGE

IS PROVIDED TO THE BIDDERS IN A WRITTEN ADDENDUM FROM THE PURCHASING MANAGER.

BIDDERS ARE INSTRUCTED TO USE THE ENCLOSED “QUESTION/CLARIFICATION FORM” TO FAX OR

EMAIL QUESTION. QUESTIONS AND REQUESTS FOR CLARIFICATION MUST BE SUBMITTED AT

LEAST FIVE (5) BUSINESS DAYS BEFORE THE DUE DATE.

ANY REQUEST/CONCERN/PROTEST, AFTER A SOLICITATION HAS CLOSED AND PENDING

AWARD, MUST ALSO BE SUBMITTED IN WRITING TO THE PURCHASING DIVISION.

I agree to forward all communication about this solicitation, in writing, to the

Purchasing Division. I understand that communication with other…