IFB _448_24 HOT ASPHALTIC MIX.pdf

BID #448-24 HOT ASPHALTIC MIX Page 1

DAWSON COUNTY GOVERNMENT

INVITATION FOR BID

FOR

HOT ASPHALTIC MIX

SUBMISSIONS ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN

OCTOBER 18, 2024 AT 10:45AM, EST

DAWSON COUNTY BOARD OF COMMISSIONERS

ATTENTION: PURCHASING MANAGER

25 JUSTICE WAY, SUITE 2223

DAWSONVILLE, GA 30534

BID #448-24

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

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

OFFEROR.

ISSUE DATE: SEPTEMBER 18, 2024

BID #448-24 HOT ASPHALTIC MIX Page 2

DAWSON COUNTY BOARD OF COMMISSIONERS

TABLE OF CONTENTS

PROPOSAL DOCUMENTS

IFB Timetable………..……………………………………………………………….………3

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

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

Scope of Work ………………….…………..……….……………………………………………...11

General Terms………………………………...…………………………………….……….17

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

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

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

Vendor’s Reference Form…………………………………………………………….….………..34

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

Addenda Acknowledgement Form …………………………………………………….…….….36

Drug Free Work Place Form………………………………………………………………………37

Certificate and Statement of Non-Collusion Form……..………………………….….………38

Georgia Security and Immigration Compliance Act Affidavit…………………………..……40

Local Small Business Initiative…………………………………………………………………….45

Sample Contract………………………………………………………………………………………47

BID #448-24 HOT ASPHALTIC MIX Page 3

DAWSON COUNTY, GEORGIA

Purchasing Department

25 Justice Way, Suite 2223

Dawsonville, Georgia 30534

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

INVITATION

This is an invitation to submit a proposal to Dawson County from qualified vendors who provide various hot asphaltic mixes to procure through a guaranteed-pricing annual contract, indicated herein.

The County does not guarantee a minimum/maximum value for this contract. Details are listed under Section II. Sealed bids will be received by the office of the Purchasing Manager at 25 Justice

Way, Suite #2223, Dawsonville, GA 30454.

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

Electronic packets may be found at https://vrapp.vendorregistry.com/Bids Submissions must be typed or printed in ink. Prices submitted as a result of this invitation must include the Vendor Price

Proposal Form and be returned in a sealed envelope or container marked, as Sealed Bid with the applicable Proposal Name and Proposal Number on the outside. The offer may not be considered unless so received. Proposals must be submitted no later than 10:30 a.m., October 18, 2024. The anticipated award date is October 20, 2024.

There will not be a pre-proposal meeting; however, Proposers will be required to demonstrate their product(s) during evaluations. All questions/comments that may arise from this invitation must be submitted in writing and emailed to the Purchasing Manager at mhawk@dawsoncountyga.gov no later than October 3, 2024, at 1:00 p.m. All questions and answers will be posted to the County website and the Georgia Procurement Registry no later than October 9, 2024, at 1:00 p.m. Answers to question submitted that materially change the conditions and specifications of this invitation will be promulgated to the County website and the Georgia Procurement Registry. Any discussions or documents will be considered non-binding unless incorporated and publicized in an addendum.

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

Sincerely, Melissa Hawk Purchasing Manager https://vrapp.vendorregistry.com/Bids mailto:mhawk@dawsoncountyga.gov

BID #448-24 HOT ASPHALTIC MIX Page 4

DAWSON COUNTY, GEORGIA

SECTION I – GENERAL OVERVIEW

A. INFORMATION TO PROPOSERS

1. BID SUBMISSION

The offerors shall package and seal its submittal so that they will not be damaged in mailing. One (1) original of the complete signed submittal must be received by

OCTOBER 18, 2024, AT 10:30AM, EASTERN STANDARD TIME. Bids must be submitted in a sealed envelope stating on the outside, the vendor's name, address, BID #448-24 HOT ASPHALTIC MIX and delivered to:

Dawson County Board of Commissioners

Attention: Purchasing Manager

25 Justice Way, Suite 2223

Dawsonville, GA 30534

Hand Delivery

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

8:00AM and 5:00PM EST, Monday through Friday, excluding Holidays. For a complete listing of Holidays, please visit www.dawsoncounty.org. If a sealed bid is delivered after 10:25 a.m., on the day of the opening, deliver the package to the

Purchasing Manager, in the County Administration Training Room, Suite #2214.

No submission will be accepted after 10:30 a.m., on the date listed in Section A.

Information to Proposers, 1. Bid Submission, at which time all company names of offers received will be publicly read aloud.

GPS Location

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

Proposers are responsible for informing any commercial delivery service, if used, of all delivery requirements and for ensuring that the required address information appears on the outer wrapper or envelope used by such service. NOTE: Many express mail and delivery services do not guarantee overnight by noon to Dawson

County.

Submission by US Mail must be sent to the below address:

Dawson County Board of Commissioners

Attention: Purchasing Manager

25 Justice Way, Suite 2223

The Submittal must be signed by a company officer who is legally authorized to enter into a contractual relationship in the name of the proposer.

http://www.dawsoncounty.org/

BID #448-24 HOT ASPHALTIC MIX Page 5

2. CONTACT PERSON

Proposers are encouraged to contact Melissa Hawk, Purchasing Manager via email mhawk@dawsoncountyga.gov to clarify any part of the IFB requirements. All questions that arise prior to the DEADLINE FOR QUESTIONS due date shall be directed to the contact person in writing via facsimile or email. Any unauthorized contact shall not be used as a basis for responding to this IFB and also may result in the disqualification of the proposer's submittal.

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

3. ADDITIONAL INFORMATION/ADDENDA

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

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

Proposers must acknowledge any issued addenda by including the Addenda

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

4. LATE SUBMITTAL AND LATE MODIFICATIONS

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

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

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

5. REJECTION OF PROPOSALS/CANCELLATION

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

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

6. MIMINUM IFB ACCEPTANCE PERIOD

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

mailto:mhawk@dawsoncountyga.gov

BID #448-24 HOT ASPHALTIC MIX Page 6

7. NON-COLLUSION AFFIDAVIT

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

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

8. COST INCURRED BY PROPOSERS

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

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

9. IFB OPENING

Only the names of the firms responding to this IFB will be read aloud publicly due to the fact that the proposals will be subject to an evaluation review for accurate qualifications. A list of names of firms responding to the IFB may be obtained from the county’s website www.dawsoncountyga.gov, after the IFB due date and time stated herein. A copy of the final evaluation tabulation to the IFB will be posted to the website after the IFB has been awarded, along with the awarded Proposer name and date of award.

10. OPEN RECORDS

Proposers are reminded that under Georgia law, all opened documents fall under the open records act and are subject to inspection by the public. Proposers are reminded that documents and information in the possession of Dawson County will be treated as confidential/proprietary information only to the extent permitted by the

Georgia Open Records Act, and will be exempt from disclosure to a third party only to the extent permitted by the Georgia Open Records Act. Should you believe that your Proposal contains any trade secrets you must submit an affidavit, along with the proposal, that states that specific portions of the proposal contain trade secrets as defined by Georgia law (Article 27 of Chapter 1 of Title 10 of the Official Code of

Georgia). Furthermore, the affidavit must be detailed, citing specifically (citing paragraphs, articles, provisions, pages, etc.) the portions of the proposal containing any trade secrets. Accordingly, proprietary information and/or data cannot be withheld from public inspection.

11. TAXES

Dawson County Government is tax exempt. No sales tax will be charged on any products or services. Dawson County cannot exempt any other person/proposer http://www.dawsoncountyga.gov/

BID #448-24 HOT ASPHALTIC MIX Page 7 from applicable sales taxes that may be required of them in relations to this project. Selected proposer will be provided with Dawson County’s Sales and Use

Tax Certificate of Exemption number upon request.

12. PROPOSER INFORMATION

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

13. INSURANCE

Selected proposer will be required to provide Dawson County with a Certificate of Insurance for liability and workman’s compensation insurance before work can begin on this County project and be effective for the duration of the work as described in the Contract Documents, including authorized change orders, plus any period of guarantee as required in the general warranty.

General liability insurance should be at least one million dollars ($1,000,000) combined single limit per occurrence. Automobile insurance should be at least five hundred thousand dollars ($500,000) combined single limit per accident for bodily injury or property damage; Workman’s Compensation insurance should be as required by the State of Georgia; and Professional Liability insurance should be at least one million dollars ($1,000,000).

The insurance certificate must name Dawson County Government as an additional insured for the contracted project.

14. BONDS

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

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

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

15. ANTI-DISCRIMINATION

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

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

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

Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all proposers that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit

BID #448-24 HOT ASPHALTIC MIX Page 8 proposals in response to this Request for Proposal and will not be discriminated against on the grounds of race, color, national origin, sex, handicap/disability in consideration of an award.

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

In every contract of over $10,000 the provisions in Sections1 and 2 below apply:

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

a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such

Contractor is an equal opportunity employer.

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

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

Proposers may request this Request for Proposal in another language by contacting

Purchasing Manager Melissa Hawk via email at mhawk@dawsoncountyga.gov.

16. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

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

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

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

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

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

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

mailto:mhawk@dawsoncounty.org

BID #448-24 HOT ASPHALTIC MIX Page 9

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

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

e. Upon contracting with a new Sub-contractor, a Contractor or

Sub-contractor shall notify Dawson County and shall deliver a completed Sub-contractor Affidavit to Dawson County within five (5) working days of entering into a contract or agreement of hire with the Sub-contractor before the new Sub-contractor begins any work.

C. Failure to provide the completed and notarized affidavit with the

Contractor’s proposal will result in immediate disqualification as required by the Georgia Security and Immigration Compliance Act.

SECTION II – GENERAL CONDITIONS

A. PURPOSE

It is the intent of the County that this invitation will result in the selection of an experienced vendor(s) to efficiently provide base binder, b-mod, E mix, F mix and H mix to procure through a guaranteed-pricing annual contract. Firms/individuals must provide all equipment, materials and labor to complete the scope of work. The County is additionally requesting a discount percentage for non-contract items. The County does not guarantee a minimum/maximum value for this contract.

B. CONTRACT PERIOD

The term of a contract awarded as a result of this Invitation for Bid shall be effective from January 1, 2025 through December 31, 2025. The contract shall have the option for two (2) additional one (1) year renewal terms.

The contract shall terminate absolutely and without further obligation at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the County under this contract. The County does not guarantee a minimum value for this contract.

If, at any time, the County determines it is in its best interest to discontinue use of these services the County reserves the right to cancel this Agreement by giving thirty

(30) days advance written notice. Dawson County does not guarantee a minimum/maximum value for this contract.

The pricing received shall remain in force during the contract period. Any price increases must be submitted to the Dawson County Purchasing Department no later than ninety (90) days prior to a renewal term for consideration.

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

BID #448-24 HOT ASPHALTIC MIX Page 10

C. BACKGROUND

The Dawson County Public Works Department provides quality service to the citizens of Dawson County and its visitors through the management of roads, bridges, and trails. Its goal is to protect our investment in infrastructure and to promote safe, efficient movement of people and vehicles.

The Road Department consists of many facets of which one is the paving of portions of the County’s roadways and parking lots.

Chart 1 below lists the most common materials with approximate quantities used by the Dawson County Public Works Department; however, this department may request items not listed within this document such as super pave mixes, G-mix, other mixes with lime. An up-to-date price list is to be made available to the County to verify discount either via on-line access or a hard copy price list. This information shall not be construed as a representation of what will be ordered under this contract.

The following information is the overall spend analysis for each respective calendar year and is given as informational purposes for reference only. This information shall not be construed as a representation of what will be ordered under this contract.

• 2022 - $654,074.93

• 2023 - $507,909.51

• September 18, 2024 - $465,538.19

D. SCOPE OF WORK

Specifications

All products submitted must meet their needs and expectations and must be of a high quality and must be provided by a quarry listed the standard source lists. The products must meet 2013 specification, the 2016 supplemental book standards, and all supplemental book standards since released, as well as the special & project specific provisions as mandated by the Georgia Department of Transportation as listed on their website found at the following link provided below respectively.

http://www.dot.ga.gov/PS/Business and http://www.dot.ga.gov/PS/Business/Source

The Contractor is to provide a discount percentage for non-contracted items.

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

Price Proposal Form.

The Vendor’s Price Proposal Form shall include item pricing and the following:

1. Source Location and Number

2. Hours of Plant Operation, Including Weekends

3. Mileage Distance from Plant to 946 Burt Creek Road, Dawsonville, GA 30534 http://www.dot.ga.gov/PS/Business/Source

BID #448-24 HOT ASPHALTIC MIX Page 11

4. Hauling Fee per Order

The per-ton price submitted on the Vendor’s Price Proposal Form must be all inclusive costs for the product being quoted.

Dawson County will transport the materials from the designated location to the job site but, from time to time may request transference by the Contractor.

The distance and travel time will be considered when reviewing pricing and other criteria.

Each load ticket must include the following information:

1. Project/Road Name

2. Date

3. Type of Mix

4. Tons of Mix

Each invoice must include the following information:

1. Project/Road Name

2. Date

3. Type of Mix

4. Tons of Mix

5. Unit Price

6. Total Price

7. MSRP of Non-contracted Item, as applicable

8. Discount Price of Non-contracted Item, as applicable

All load tickets and/or receipts must clearly identify the Dawson County employee receipt of goods.

Dawson County expects the Contractor to give priority availability on all requests made by the Dawson County Public Works Department staff.

No substitutions or exception to the specifications will be considered. The Contractor shall be obligated to provide products awarded in this contract in accordance with terms and conditions specified herein. However, the County reserves the right to allow the Contractor to provide approved alternatives on a case-by-case review. If the alternate product’s price is less than the contracted item, the invoice must be adjusted to meet the difference in price. If the alternate product’s price is greater, the invoice must be adjusted to meet the contracted price.

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

BID #448-24 HOT ASPHALTIC MIX Page 12 found to be in non-conformance with specifications. Should public necessity demand it, the County reserves the right to use or consume articles delivered which are substandard in quality subject to an adjustment in price be determined by the Public

Works Director.

Contractor to provide samples to Dawson County as part of the proposal and vendor selection process as requested, at no cost to the County. Materials will not be returned to the offeror. Samples during the contract period at the location of pickup/delivery are subject to proof of testing and inspection at the request of Dawson County and at the cost of the Contractor. If necessary, Dawson County reserves the right to contract with an independent certified agency for testing to resolve any issues between the asphaltic Contractor and any Contractor installing asphalt. Any determinations made by the independent certified agency will be the final decision.

Management Agent/Employees

The Vendor shall appoint a main point of contact, or agent, who will routinely review and inspect operations and consult with the County on current and future services. Use of sub-contractors by the Contractor must be preapproved by Dawson County staff.

E. ADMINISTRATION

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

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

Completing the Vendor’s Price Proposal Form

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

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

3. If a vendor does not wish to bid a certain item the response of “No Bid” is appropriate. This does not disqualify vendors. Dawson County will look at the totality of each proposal.

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

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

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

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

BID #448-24 HOT ASPHALTIC MIX Page 13

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

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

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

Payment

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

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

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

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

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

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

Dawson County by the vendor.

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

8. The County reserves the right to inspect all goods and products delivered. The

County will decide whether to accept or reject items delivered. The inspection shall be conclusive except with respect to latent defects, fraud, or such gross mistakes as shall amount to fraud. Final inspection resulting in acceptance or rejection of the products will be made as soon as practicable, but failure to inspect shall not be construed as waiver by the County to claim reimbursement or damages for such products which are later found to be in non-conformance with specifications. Should public necessity demand it, the County reserves the right to use or consume articles delivered which are substandard in quality subject to an adjustment in price be determined by the department.

BID #448-24 HOT ASPHALTIC MIX Page 14

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

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

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

Dawson County Board of Commissioners

ATTN: Accounts Payable

25 Justice Way, Suite 2220 cmcmillon@dawsoncounty.org

Delivery (unless otherwise approved by the Public Works Department)

FOB: Dawson County Public Works

60 Transportation Lane

Permits and Licensing

1. Contractor shall submit proof of professional license, insurance and business license at time of submittal as it relates to the Scope of Work defined herein. The business license will be the current license your business operates, if you are out of county, this will not be a Dawson County business license.

2. The successful vendor must hold a valid Business License at time of proposal and a copy must be filed with the Purchasing Manager at time of proposal. If awarded to an out-of-county vendor, that vendor must register their business license with the

Dawson County Planning and Development Department within 10 days of award.

Fees may apply and are not a part of this agreement. Note: Only the successful vendor needs to register with Dawson County Planning and Development Department. As of

January 1, 2017, there is not a registration fee.

Invoicing

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

30 days, however.

2. All invoices will be paid in the year in which services are provided.

3. Vendor to provide contact information for dedicated team member to provide billing inquires.

F. PROCEDURES AND MISCELLANEOUS ITEMS

mailto:cmcmillon@dawsoncounty.org

BID #448-24 HOT ASPHALTIC MIX Page 15

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

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

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

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

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

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

4. Failure to submit all the mandatory forms from this IFB package shall be just cause for the rejection of the qualification package. However, Dawson County reserves the right to decide, on a case-by-case basis, in its sole discretion, whether or not to reject such a bid as non-responsive.

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

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

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

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

BID #448-24 HOT ASPHALTIC MIX Page 16

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

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

G. BONDS

Bid Bond – not required

Payment Bond – not required

Performance Bond – not required

H. DETERMINATION OF SUCCESSFUL BIDDER

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

a. Responsibility

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

- maintains a permanent place of business.

- has the appropriate technical experience, where applicable.

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

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

b. Responsiveness

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

I. FINAL SELECTION

Following review of all qualified bids, selection of a suitable vendor and a recommendation will be made to the Dawson County Board of Commissioners by the project representative. Following Commission approval, the County will complete the contract process.

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

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

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

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SECTION III – GENERAL TERMS

A. DEFINITION

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

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

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

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

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

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

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

Contract Documents. The Contract, Addenda (which pertain to the Contract Documents), Contractor’s Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award), the Notice to Proceed, the

Bonds, these General Conditions, the Special Conditions, the Specifications and

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

Contract Drawings. N/A

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

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

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Contractor. The individual, partnership, corporation, or combination thereof, including joint ventures that enter into the contract with the Owner for the performance of the work.

The term covers subcontractors, equipment and material suppliers, and their employees.

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

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

County. Owner.

Day. Calendar day.

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

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

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

Engineer/Architect/Architect. N/A

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

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

Herein. Refers to information presented in the project manual.

Holidays. Legal holidays designated by the Owner.

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

May. Refers to permissive actions.

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Owner. Dawson County Board of Commissioners, Dawsonville, Georgia.

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

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

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

Provide. Furnish and install, complete in place.

Punch List. N/A

Shall. Refers to actions by either the Contractor or the Owner and means the Contractor or Owner has entered into a covenant with the other party to do or perform the action.

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

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

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

Submittals. N/A

Substantial Completion. N/A

Substantial Completion Date. N/A

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

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

B. ROYALTIES AND PATENTS

The Contractor shall pay all royalties and license fees and assume all costs incident to the use in the performance of the work or the incorporation in the work of any invention, design, process, product, or device which is the subject of the patent rights or copyrights held by others. He shall defend all suits or claims for infringement of any patent rights and shall hold harmless the

Owner, its officers, employees, and agents from loss on account thereof, except that the Owner shall be responsible for all such loss when a particular manufacturer, product, or process is specified by the Owner and properly installed by the Contractor pursuant to the manufacturer’s specifications.

C. VERBAL AGREEMENTS

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No verbal agreement or conversation with any officer, agent, or employee of the Owner either before or after execution of this Contract shall affect or modify any of the terms of obligations contained in any of the documents comprising said Contract.

D. GENERAL WARRANTY AND GUARANTEE

The Contractor shall warrant and guarantee the work required under this Contract for a period of twelve months from the date of Final Acceptance. The Contractor warrants and guarantees to

Owner, that materials and equipment furnished under the Contract shall be of good quality and new unless otherwise required or permitted by the Contract Documents, that all work will be in accordance with the Contract Documents, and that all work will be of good quality, free from faults and defects. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Owner or the

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

The Contractor’s obligation to perform and complete the work in a workmanlike manner, free from faults and defects and in accordance with the Contract Documents shall be absolute. The

Contractor shall remedy, at his own expense, and without additional cost to the Owner, all defects arising from either workmanship or materials, as determined by the Owner, or Owner’s representative. The obligations of the Contractor under this Paragraph shall not include normal wear and tear under normal usage.

E. INDEMNITY

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

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

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

B+ or better with the following minimums:

*The limits of insurance are as follows:

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

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

b) automobile insurance of at least One Million (1,000,000) Dollars (Combined Single

Limit per accident for bodily injury or property damage); and

c) workers’ compensation insurance as will protect potential bidder or offeror from

Worker’s Compensation Acts

F. BUSINESS LICENSE

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

G. OBLIGATIONS AND LIABILITY OF THE CONTRACTOR

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

Plans herein mentioned, at the prices herein agreed upon and fixed therefore.

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

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

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

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

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

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

BID #448-24 HOT ASPHALTIC MIX Page 22 resulting to him or to the Owner, its officers, employees and agents on account of the amount or character of the work, or because of the nature of the land in or on which the work is done is different from what was estimated or expected, or on account of the weather elements or other causes. The Contractor shall assume the defense of all claims arising out of injury or damage to persons, corporations, or property, whether said claims arise out of negligence or not, or whether said claims are for unavoidable damage or not, and from all claims relating to labor and materials furnished for the work and from all expenses incurred in defending or settling such claims, including reasonable attorney's fees.

The Contractor shall so conduct his operations as not to damage existing structures or work installed either by him or by other contractors.