IFB _483_25 GA 400 Beautification Project.pdf

DAWSON COUNTY GOVERNMENT

INVITATION FOR BID

FOR

GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT

SUBMISSIONS ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN

AUGUST 4, 2025, AT 10:30AM, EST

DAWSON COUNTY BOARD OF COMMISSIONERS

ATTENTION: PURCHASING MANAGER

25 JUSTICE WAY, SUITE 2223

DAWSONVILLE, GA 30534

BID # 483-25

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: JULY 3, 2025

Bid #483-25 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 2

DAWSON COUNTY BOARD OF COMMISSIONERS

ANNUAL ROUNDABOUTS/GATEWAY

MAINTENANCE SERVICES

TABLE OF CONTENTS

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

Section Overview………………………………………………………………………………..…..…4

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

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

General Terms………………………………...…………………………………….………………….15

Vendor’s Checklist Form………..……………………………………………………………………66

Vendor’s Information Form………………………………………………………….……………….67

Vendor’s Price Proposal Form…….………………….…………………………….……………….68

Bid Bond………………………………………………………………………………………………...69

Vendor’s Reference Form……………………………….……………………………….…………..71

Execution of Proposal Form……………………………………………………………….………..72

Addenda Acknowledgement Form ……………………….……………………………………..…73

Drug Free Work Place Form……………………………………….………………………………...74

Certificate and Statement of Non-Collusion Form……..…………………………….….………75

Georgia Security and Immigration Compliance Act Affidavit……………………………..…..77

Local Small Business Initiative Affidavit Form…………………………………………………..79

EEO Practice Form…………………………………………………………………………………….84

Legal and Character Qualifications Form…………………………………………………………85

Sample Contract………………………………………………………………………………………..87

Bid #483-25 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT 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 TO BIDDERS

This is an invitation to submit a bid to Dawson County for materials and labor to provide a small amount of site work, landscaping and sign installation, 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., August 4, 2025.

There will not be a pre-bid meeting for this invitation. Site visits will be on your own. 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 July 23, 2025, at 1:00 p.m.

All questions and answers will be posted to the County website and the Georgia Procurement

Registry no later than July 29, 2025, at 1:00 p.m. Answers to all questions received will be publicized on the County website and the Georgia Procurement Registry. Any discussions or documents will be considered non-binding unless incorporated and broadcasted 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@dawsoncountyga.gov

Bid #483-25 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 4

INVITATION FOR BID

FOR

GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT

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, AUGUST 4, 2025, AT 10:30AM, EASTERN STANDARD TIME. Bids must be submitted in a sealed envelope stating on the outside, the vendor's name, address, BID #483-25 GA 400 RIGHT OF WAY BEAUTIFICATION

PROJECT and delivered to:

Dawson County Board of Commissioners

Attention: Purchasing Manager

25 Justice Way, Suite 2322

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.dawsoncountyga.gov . 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 Finance Conference Room, Suite #2322. No submission will be accepted after 10:30 a.m., on the date listed in Section 1.A.1

.above, at which time all company names and 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.dawsoncountyga.gov/

Bid #483-25 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT 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 by email at 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 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

Bid #483-25 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 6

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.

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

Bid #483-25 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 7 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 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

Bid #483-25 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 8

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

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

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

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

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

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

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

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or 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 or via email at mhawk@dawsoncountyga.gov . 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.

Bid #483-25 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 9

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

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

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

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

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

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

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

Bid #483-25 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 10

Dawson County Purchasing Department is soliciting sealed bids from licensed, qualified providers to provide all labor and materials required to perform the scope for a small amount of site work, landscaping and sign installation. Detailed specifications are detailed under this Section. The County does not guarantee a minimum or maximum value for this contract.

B. CONTRACT PERIOD

The term of a contract awarded as a result of this Invitation for Bids shall be effective upon execution of the contract until accepted by the County. Contract timeframe shall be thirty (30) days.

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. BACKGROUND

Dawson County sits in northeast Georgia and covers 214 square miles and 49 linear miles of lake shore. The 2020 census reported 26,796 residents live within Dawson County.

Separated by four (4) voting and school districts Dawson County’s population is centralized near the GA Hwy 400 corridor and thins out from the area.

D. VENDOR REQUIREMENTS

Contractors must be qualified to perform the scope of work listed below. Qualifications include at a minimum of five (5) years’ experience in landscaping of this size.

E. SCOPE OF WORK

Contractor is to provide all labor, materials as needed for the work described within the attached drawings beginning on page 111.

Power for the sign will be procured by the County. Contractor is to work with the

County staff in obtaining the sign permit.

Scheduling and Delivery

The Contractor must provide the crew manned by the number necessary to complete all work.

Bid #483-25 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 11

The Contractor shall ensure delivery, installation and clean-up of the site is made during the agreed upon days and times with the County Project Manager during the pre-construction meeting after award and will make efforts to reduce to a minimum any inconvenience to residents and visitors in the area.

Management Agent/Employees

The Vendor shall assign a main point of contact that will be responsible for the project.

Each employee working on the project must be clearly identifiable with a company uniform and badge/work identification card.

The project will be managed by the Dawson County Public Works.

Damages

Damages caused by the Vendor, or Vendor’s employees/subordinates, resulting from work performed will be repaired or replaced by the vendor at his own expense and the entire work area left in a condition satisfactory to the county.

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.

Bid #483-25 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 12

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

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

11. Proof of Licensing: 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.

12. 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.

C. 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.

mailto:cmcmillon@dawsoncounty.org

Bid #483-25 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 13

D. PROCEDURES AND MISCELLANEOUS ITEMS

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

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

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

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

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

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

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

Bid #483-25 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 14 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.

E. BONDS – BONDS ARE NOT REQUIRED ON OFFERS LESS THAN $100,000.00.

Bid Bond – 5%

Payment Bond – 100%

Performance Bond – 100%

F. 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.

G. 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.

Bid #483-25 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 15

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

INDEX

01. Definitions 02. Royalties and Patents

03. Permits and Regulations 04. Verbal Agreements

05. Lands for Work 06. General Warranty and Guarantee

07. Bonds 08. Contractor's Insurance

09. Liens 10. Assignment

11. Joint Venture Contractor 12. Successor's Obligations

13. Business License 14. Obligations and Liability of the Contractor

15. Responsibilities of the Contractor 16. Compliance with Laws

17. Plans, Specifications and Design 18. Drawings Furnished

19. Ownership of Drawings 20. Reference Standards

21. Division of Specifications and Drawings 22. Order of Completion

23. Materials, Appliances & Employees 24. Survey Information

Name 25. Project Completion

26. Inspection and Testing of Materials 27. Substantial Completion

28. Rights of Various Interests 29. Separate Contracts

30. Subcontractors 31. Access

32. Construction Schedule and Procedures 33. Project Management

34. Entry 35. Preservation and Restoration

36. Completion of "Punch List" Items 37. Authority of Contractor

38. Authority of Engineer/Architect/Architect 39. Owner-Contractor Coordination

40. Interpretation of Specifications & 41. Discrepancies in Specifications &

Drawings Drawings

42. Material, Equipment and Workmanship 43. Compliance With Contract Requirements

44. Project Meetings 45. Overtime and Shift Work

Bid #451-2 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 16

46. Construction Schedule 47. Quality

48. Material and Equipment Specified By 49. Submittal Procedure

50. Requests For Substitution 51. Manufacturer's Directions

52. Product Data 53. Operation and Maintenance Information

54. Record Drawings 55. Protection of the Public and Property

56. Protection of the Owner's Property 57. Maintenance of Traffic

58. Lot Corners 59. Existing Utilities

60. Equal Employment Opportunity 61. Material Delivery, Handling and Storage

62. Maintenance During Construction 63. Emergencies

64. Compensation 65. Safety and Health Regulations

66. Accidents 67. Load Limits

68. Sanitary Provisions 69. Construction Buildings

70. Cleaning Up 71. Electrical Energy

72. Water Supply 73. Environmental Impact

74. Progress Payments 75. Measurement and Payment

76. Use of Completed Portions 77. Beneficial Use

78. Payments Withheld 79. Contract Time

80. Omissions 81. Differing Site Conditions

82. Changes in Work 83. Force Account and Extra Work

84. Claims for Extra Cost 85. Correction of Work Before Final Payment

86. Liquidated Damages 87. Suspension or Abandonment of Work

88. Termination of Contract 89. Contractor's Right to Stop Work

90. Disputes Resolution 91. Removal of Equipment

92. Laws of Georgia 93. Quantity Variance Reserve

94. Discrepancies between General Conditions 95. Salvaged Material & Equipment And

Technical Specifications

01 - Definitions

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.

Bid #451-2 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 17

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 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.

Bid #451-2 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 18

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.

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

Bid #451-2 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 19

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 or an employee of the Owner.

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.

Owner

Commissioner of Roads and Revenue Dawson County, 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 contract 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

Bid #451-2 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 20 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 unites 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 this document.

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.

02 - Royalties and Patents

Bid #451-2 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 21

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.

03 - Permits and Regulations

The Contractor shall obtain and pay for all construction permits, licenses, and easements of a temporary nature necessary for the prosecution of the work. The Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the work. The

Contractor shall pay all charges of utility owners for connections to the work, and Owner shall pay all charges of such utility owners for capital costs related thereto. (See the table of

“Required Permits” located in the “Project Technical Specifications- Special Conditions”)

The Contractor shall comply with all County, State, and Federal laws, statutes, ordinances, rules and regulations applicable to furnishing and performance of the work.

04 - 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.

05 – Lands of Work

The Owner shall provide, as indicated on the drawings and not later than the date when needed by the Contractor, the Lands upon which the work under this Contract is to be done, rights-of-way for access to same, and such other lands which are designated on the drawing for the use of the Contractor. Any delay in the furnishing of these Lands by the Owner shall be deemed proper cause for an equitable adjustment in both Contract Price and time of completion.

The Contractor shall provide at his own expense and without liability to the owner any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials.

06 - General Warranty and Guarantee Against Defective Work

The Contractor shall warrant and guarantee the work and materials required under this

Contract for a period of one (year) 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 #451-2 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 22

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.

07 - Bonds

The Contractor shall furnish payment and performance bonds with good and sufficient surety or sureties acceptable to the Owner for the protection of persons furnishing materials or labor in connection with the performance of the work. The penal sum of such payment and performance bond will be 100% of the contract price. The bonds required hereunder will be dated as of the same date as the contract and will be furnished to the Owner at the time the contract is executed. These bonds shall be issued from a company licensed to do business in

Georgia and shall be signed or counter signed by a Georgia resident agent, and shall have proper Power of Attorney evidencing the authority of the individual signing the bond. Included with the Bonds shall be a signed Affidavit on the form provided herewith.

Out of state contractors shall post a bond with the State Tax Commissioner for each tax year during construction of the project to guarantee payment of taxes on the work of this Contract.

08 - Contractor's Insurance

A. Liability The Contractor shall maintain such insurance as will protect him from claims under workmen's compensation acts and from any other claims for damages to property, and for personal injury, including death, which may arise from operations under this contract, whether such operations be by himself or by any sub-contractor or anyone directly or indirectly employed by either of them.

Certificates of Insurance indicating that the successful proper has obtain such coverage, shall be filed with the Owner prior to the commencement by the successful proposer of the services. Such certificates shall be in form and substance reasonably acceptable to the

Owner, shall indicate that, except in respect to workers compensation insurance coverage and professional errors and omissions, Owner is an additional insured with respect to such coverage, and shall indicate that such coverage is primary and not contributory with any similar insurance purchased by the Owner. The certificates shall contain a provision that the insurer will endeavor, if allowed by the policy, to provide Owner with thirty (30) calendar day notice of nonrenewal, cancellation, or termination of the coverage. If the successful proposer receives a nonrenewal. cancellation, or termination notice from an insurance carrier affording coverage required herein, the successful proposer agrees to notify Owner by fax within two (2) business days with a copy of the nonrenewal, cancellation, or termination notice, or written specifications as to which coverage is no longer in compliance. Failure to comply with any of the provisions relating to insurance coverage herein shall be deemed a material breach if not cured. Certificates of such insurance shall be filed with the Owner. The contractor shall be responsible for providing adequate limits of insurance when working within property owned by railroads, as established by such railroad company.

Bid #451-2 GA 400 RIGHT OF WAY BEAUTIFICATION PROJECT Page 23

B. 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…