IFB _453_24 MILLING MACHINE RENTAL SERVICES.pdf

DAWSON COUNTY GOVERNMENT

INVITATION FOR BID

FOR

MILLING MACHINE RENTAL SERVICES

SUBMISSIONS ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN

DECEMBER 5, 2024, AT 10:30AM, EST

DAWSON COUNTY BOARD OF COMMISSIONERS

ATTENTION: PURCHASING MANAGER

25 JUSTICE WAY, SUITE 2223

DAWSONVILLE, GA 30534

BID # 453-24

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: OCTOBER 21, 2024

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 2

TABLE OF CONTENTS

PROPOSAL DOCUMENTS

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

IFB Timeline..………..………………………………………………………………………3

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

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

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

General Terms………………………………...…………………………………….………14

Vendor’s Checklist Form………..…………………………………………………………26

Vendor’s Information Form………………………………………………………….…….27

Vendor’s Price Proposal Form…….………………….…………………………….……...28

Vendor’s Reference Form…………………………………………………………….…………..29

Execution of Proposal Form…………………………………………………………….………..30

Addenda Acknowledgement Form …………………………………………………………..…31

Drug Free Work Place Form……………………………………………………………………...32

Certificate and Statement of Non-Collusion Form……..………………………….….………33

Georgia Security and Immigration Compliance Act Affidavit…………………………..…..35

Local Small Business Initiative Affidavit Form………………………………………………..40

Sample Contract……………………………………………………………………………………..42

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 3

DAWSON COUNTY, GEORGIA

Purchasing Department

25 Justice Way, Suite 2223

Dawsonville, Georgia 30534

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

October 21, 2024

INVITATION TO BIDDERS

This is an invitation to submit a bid to Dawson County for milling machine rental services, indicated herein. Details are listed under Section II. Sealed bids will be received by the office of the Purchasing Manager at 25 Justice Way, Suite #2223, Dawsonville, GA 30454.

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

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

141544ec4bd4 Submissions must be typed or printed in ink. Prices submitted as a result of this invitation must include the Vendor Price Proposal Form and be returned in a sealed envelope or container marked, as Sealed Bid with the applicable Proposal Name and Proposal Number on the outside. The offer may not be considered unless so received. Proposals must be submitted no later than 10:30 a.m., December 5, 2024.

There will not be a pre-bid meeting for this solicitation. All questions/comments that may arise from this invitation must be submitted in writing and emailed to the Purchasing Manager at mhawk@dawsoncounty.org no later than November 20, 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

November 26, 2024, at 1:30 p.m. Answers to question submitted that materially change the conditions and specifications of this invitation will be promulgated to the County website and the

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

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

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

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 4

INVITATION FOR BID

FOR

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 and one (1) soft copy* (Soft copy* is defined as various types of media that include but are not limited to: disc, flash drive or any other media to send a copy of the electronic proposal. Soft copies are to be included in the sealed submission) of the complete signed submittal must be received, DECEMBER 5, 2024, AT 10:30AM, EASTERN STANDARD TIME. Bids must be submitted in a sealed envelope stating on the outside, the vendor's name, address, IFB #453-24 Milling Machine Rental Services 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 #2204.

No submission will be accepted after 10:30 a.m., at the time listed above, at which time all company names of offers received will be publically read aloud.

GPS Location

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

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

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

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

Coordinates: 34°25’23.08”N 34°25’23.08N 84°07’12.05 http://www.dawsoncounty.org/

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 5

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.

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.

2. CONTACT PERSON

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

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

3. ADDITIONAL INFORMATION/ADDENDA

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

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

Vendors must acknowledge any issued addenda by including Attachment B-

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

Owner’s requirements

4. LATE SUBMITTAL AND LATE MODIFICATIONS

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

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

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

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 6

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.

7. NON-COLLUSION AFFIDAVIT

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

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

8. COST INCURRED BY VENDORS

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

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

9. BID OPENING

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

10. OPEN RECORDS

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

State of Georgia; and the open records policies of Dawson County Board of

Commissioners. All such materials shall remain the property of Dawson County and will not be returned to the respondent. Should you believe that your bid contains any trade secrets you must submit an affidavit, along with the bid/proposal, that states that specific portions of the bid/proposal contain trade secrets as

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 7 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 bid/proposal containing any trade secrets. All such materials shall remain the property of

Dawson County and will not be returned to the respondent.

11. TAXES

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

Tax Certificate of Exemption number upon request.

12. VENDOR INFORMATION

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

13. INSURANCE

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

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

14. BONDS

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

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

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

15. ANTI-DISCRIMINATION

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

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

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

Federally-assisted programs of the Department of Transportation issued pursuant to

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 8 such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in response to this Invitation for Bid and will not be discriminated against on the grounds of race, color, national origin, sex, handicap/disability in consideration of an award.

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

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

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

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

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

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

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

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

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

English.

16. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

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

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

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

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

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 9

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

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

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

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

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

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

17. GRATUITIES

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

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

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

SECTION II – GENERAL CONDITIONS

A. PURPOSE

Dawson County Purchasing Department is soliciting sealed bids from qualified vendors who specialize in the rental of mill machines and the employment of machine operators.

Detailed specifications are detailed under this Section. The services shall be on an as-needed basis. The County does not guarantee a minimum or maximum value for this contract.

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 10

B. CONTRACT PERIOD

The initial term of a contract awarded as a result of this Invitation for Bid shall be from January 1, 2021 through December 31, 2021. The contract may be renewed according to the terms stated herein for two (2) additional one (1) year periods to begin on January 1st and expire on December

31st each optional renewal terms.

The pricing for the 2021 calendar year shall remain as bid for the entire year and throughout each optional renewal year. Pricing increases may be addressed at each optional renewal year but, will not be granted more than 3% CPI. If contractors wish to increase pricing above this limit, the contract will be cancelled and a solicitation reissued for services.

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

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

Dawson County will not incur any costs as a result of preparation of a response for this IFB.

C. SCOPE OF WORK

Scheduling and Delivery

The Contractor must provide the correct sized milling machine as requested by the

Dawson County Public Works Director, or his designee upon receipt of an email with the date and time needed. The County will schedule each job with a two (2) week notice but, reserves the right to schedule with no less than seventy-two (72) hours of notice to the

Contractor.

The Contractor must provide the crew manned by the number necessary to complete the task. The Contractor will be responsible for determining the crew size for each request.

The Contractor shall ensure delivery and removal is made between the hours of 7:00 a.m.

to 5:00 p.m., Monday through Friday, unless otherwise agreed upon in writing by the requesting department. There shall be no additional charges invoiced outside of the contracted pricing.

If the primary Contractor cannot accommodate the request of the County, the Public

Works Director, or his designee will contact the secondary Contractor for said services.

Condition/Maintenance of Equipment

Equipment delivered to the County worksite must be in good working condition. The

Contractor will not knowingly deliver damaged, broken or unsafe equipment and/or accessories to the County worksite.

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 11

Damaged Equipment

In the event the Contractor delivers damaged, broken or unsafe equipment, the County will not be billed for any cost to the Contractor for said job request.

Management Agent/Employees

The Vendor shall assign a main point of contact that will be responsible for scheduling the jobs as requested and consult with the County on current and future services.

Warranty

The concrete shall be guaranteed against failure for a period of one (1) year after installation.

County Responsibilities

The County will provide fuel and water for use during performance of services. The

County will be responsible for clean up at each site.

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 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.

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

4. 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.

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

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

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

County by the vendor.

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

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 12

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

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

8. 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.

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

10. 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

Dawsonville, GA 30534 cmcmillon@dawsoncounty.org

D. ADMINISTRATION

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

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

E. PROCEDURES AND MISCELLANEOUS ITEMS

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

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

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

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

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 13

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.

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

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

F. BONDS

Bid Bond – not required

Payment Bond – not required

Performance Bond – not required

G. DETERMINATION OF SUCCESSFUL BIDDER

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

a. Responsibility

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

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 14

- 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.

H. FINAL SELECTION

Following review of all qualified offers, 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. It is the intent of the County to award all services to one (1) Contractor with two (2) contracts being awarded; one to a primary contractor and one to a secondary contractor.

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

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

SECTION III – GENERAL TERMS

A. DEFINITION

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

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

Act of God. A cataclysmic phenomenon of nature, such as a hurricane, earthquake, or abnormal flood. Rain, wind, high water, or other natural phenomenon which might

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 15 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. The drawings which show the scope, extent, and character of the work to be furnished and performed by the Contractor and which have been prepared and reviewed by the Engineer/Architect/Architect and are referred to in the

Contract Documents.

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

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

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

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 16

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

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

County. Owner.

Day. Calendar day.

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

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

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

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

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

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

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

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

Herein. Refers to information presented in the project manual.

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 17

Holidays. Legal holidays designated by the Owner.

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

May. Refers to permissive actions.

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

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

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

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

Provide. Furnish and install, complete in place.

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

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

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

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

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

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

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

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 18

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

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

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

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

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

B. ROYALTIES AND PATENTS

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

C. VERBAL AGREEMENTS

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

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

D. GENERAL WARRANTY AND GUARANTEE

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

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

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

Work not conforming to these requirements, including substitutions not properly 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.

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 19

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

E. INDEMNITY

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

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

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

*The limits of insurance are as follows:

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

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

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

c) Workers’ Compensation Insurance as will protect potential bidder or offerer 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.

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 20

G. OBLIGATIONS AND LIABILITY OF THE CONTRACTOR

Not applicable.

H. RESPONSIBILITIES OF THE CONTRACTOR

1. Subcontractors, Manufacturers, and Suppliers.

The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of subcontractors, manufacturers, suppliers and their employees.

2. Contractor's Employees.

The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of his employees. Workers shall have sufficient knowledge, skill, and experience to perform properly the work assigned to them.

3. Payment For Labor and Materials.

The Contractor shall pay and require his subcontractors to pay any and all accounts for labor including Workers Compensation premiums, State Unemployment and Federal Social Security payments, and other wage and salary deductions required by law. The Contractor also shall pay and cause his subcontractors to pay any and all accounts for services, equipment, and materials used by him and his subcontractors during the performance of work under this contract. Such accounts shall be paid as they become due and payable. If requested by the Owner, the Contractor shall furnish proof of payment of such accounts to the Owner.

4. Attention to Work.

The Contractor, acting through his representative, shall give personal attention to and shall manage the work so that it shall be prosecuted faithfully. When his representative is not personally present at project site, his designated alternate shall be available and shall have the authority to act on the contract.

5. Employee Safety.

The Contractor alone shall be responsible for the safety of his and his subcontractor's employees. The Contractor shall maintain the project site and perform the work in a manner which meets the Owner's responsibility under statutory and common law for the provision of a safe place to work.

6. Public Safety and Convenience.

The Contractor shall conduct his work so as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the work and to insure the protection of persons and property. No road or street shall be closed to the public except with the permission of the Owner. Fire hydrants on or adjacent to the work shall be accessible to firefighting equipment. Temporary provisions shall be made by the Contractor to insure the use of sidewalks, private and public driveways, and proper functioning of gutters, sewer inlets, drainage ditches and culverts, irrigation ditches and natural water courses.

7. Cooperation with the Construction Inspector.

The Contractor, when requested, shall assist the Construction Inspector in obtaining access to work which is to be inspected. The Contractor shall provide the Construction Inspector with information requested in connection with the inspection of the work.

I. COMPLIANCE WITH LAWS

The Contractor shall keep himself fully informed of all existing and future State and Federal Laws, all regulations of the various departments or agencies of the State of Georgia, and local ordinances and regulations in any manner affecting those engaged or

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 21 employed in the work, or the materials used in the work, or in any way affecting the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered, in the Plans, Drawings, Specifications, or Contract for this work in relation to any such law, ordinance, regulations, order, or decree, he shall forthwith report the same to the Engineer/Architect and Owner in writing.

He shall at all times himself observe and comply with, and cause all his agents and employees to observe and comply with, all such existing and future laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner, its officers, employees and agents against any claim or liability arising from or based upon violation of any such law, ordinance, regulation, order, or decree, whether by himself or his employees or any subcontractor.

J. RIGHTS OF VARIOUS INTERESTS

Wherever work, being done by the Owner's forces or by other Contractors, is contiguous to work covered by this Contract, the respective rights of the various interests involved shall be established by the Owner, to secure the completion of the various portions of the work in general harmony.

K. EQUAL EMPLOYMENT OPPORTUNITY

There shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any applicant for such employment because of race, color, religion, sex or national origin. This provision shall include, but is not limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates or pay or their forms of compensation, and selection for training, including apprenticeship.

L. SAFETY AND HEALTH REGULATIONS

The Contractor shall comply with the Department of Labor, Safety and Health Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970, as amended. The Contractor also shall comply with the provisions of the High-Voltage Safety Act of the State of Georgia, O.C.G.A. Section 46-3-30 et. seq., and all federal, state, and local codes, regulations, and standards.

N. PAYMENTS WITHHELD PRIOR TO FINAL ACCEPTANCE

The Owner may withhold or, an account of subsequently discovered evidence, nullify the whole or part of any certificate of payments to such extent as may be necessary to protect himself from loss on account of:

1. Defective work not remedied.

2. Claims filed or reasonable evidence indicating proposed public filing of claims by other parties against the Contractor.

3. Failure of the Contractor to make payments properly to Subcontractors or for material or labor.

4. Damage to another Contractor.

Nothing in this paragraph shall negate, abridge, or alter other grounds for withholding or delaying payment to the Contractor as stated in the Contract.

Bid #453-24 MILLING MACHINE RENTAL SERVICES Page 22

O. TERMINATION OF CONTRACT

1. Termination for Convenience of Owner.

The Owner may, at will, upon written notice to the Contractor, terminate (without prejudice to any right or remedy of the Owner) the whole or any portion of the Work for the convenience of the Owner.

The Contractor in calculating his termination application for payment, shall develop his outstanding costs in accordance with Section 83, including those materials in transit and non-cancellable with the appropriate percentage markups; subcontractors shall follow same procedures. All costs must be substantiated by adequate back-up documentation. The termination will not affect any rights or remedies of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due to the Contractor by the Owner will not release the Contractor from liability.

2. Default Termination.

The Owner may, if in the Owner’s sole judgment and upon written notice to the Contractor, terminate (without prejudice to any right or remedy of Owner) the whole or any portion of the Work required by the contract Documents in any one of the following circumstances:

A. If the Contractor refuses…