Milling and Resurfacing FY22

CITY OF GRIFFIN, GEORGIA

INVITATION TO BID

BID #22-010

FOR

MILLING & RESURFACING FY22

For all questions about this Bid contact:

Brant D. Keller bkeller@cityofgriffin.com

Deadline:

July 26, 2022 at 2:00 P.M.

IMPORTANT

SUBMITTAL REQUIREMENT

Submittals must be properly labeled to ensure they are not inadvertently opened before the designated time. Affix the label below to the outside of the sealed submittal envelope or delivery package.

If the label below is not used (i.e. in case of some delivery services), it is the supplier’s responsibility to ensure that the information is on the OUTSIDE of the delivery package. Submissions that do not comply may be rejected.

Submittals must also include the required number of copies specified in section 1.2.

Please make sure either the label below or the information on the label appears on the OUTSIDE of the delivery package and is clearly visible. There may be multiple solicitations open at any given time and if the sender organization and bid number are not discernable, your response may not be recorded as properly received.

RESPONSE SUBMITTAL

DELIVER TO:

CITY OF GRIFFIN

PROCUREMENT – 3RD FLOOR

100 S HILL STREET

PO BOX T

GRIFFIN, GA 30224

BID/PROPOSAL #: ITB 22-010

BID/PROPOSAL NAME: MILLING & RESURFACING FY22

DUE ON OR BEFORE: July 26, 2022

COMPANY NAME:

COMPANY ADDRESS:

CONTACT NAME:

CONTACT PHONE & EMAIL:

BID #22-010

1. SECTION I – BID INFORMATION

DATES

2. SECTION II – GENERAL TERMS AND CONDITIONS

3. SECTION III –OVERVIEW AND PROCEDURES

4. SECTION IV – OTHER GENERAL SPECIFICATIONS

5. SECTION V –INSURANCE REQUIREMENTS

6. REQUIRED IMMIGRATION/ENTITLEMENT AFFIDAVITS FOR GEORGIA

BID #22-010

SUPPLIER REGISTRATION

INVITATION TO BID

22-010

MILLING & RESURFACING FY22

SECTION I – BID INFORMATION

Information in this section is bid-specific. Any conflicting information stipulated in this section shall supersede the General Terms & Conditions noted in Sections II - VII.

1.1. PURPOSE

The City of Griffin (City) is seeking bids from qualified organizations to provide materials, equipment, labor and services necessary (including traffic control) for milling, resurfacing and striping work on approximately 2.2 miles of street in the City.

1.2. SCHEDULE & SUMMARY

This Invitation to bid will be governed by the following schedule and criteria:

* The purpose of this meeting will be to provide those interested with an oral presentation of the City’s requirements and to allow for the presentation of questions. Although attendance at the pre-bid meeting is not mandatory, it is considered as part of the evaluation criteria and attendance or non-attendance will receive either bonus points or demerits applied to the evaluation scores. All interested parties are ‘strongly’ urged to attend. No other meeting is planned.

1.2.

SCOPE OF WORK

The purpose of these specifications is to detail the requirements for the milling and resurfacing work on various streets (approximately 2.2 miles) in Griffin. The grid detailing the needs are included as Attachments at the end of this document. All work as described in the technical specifications is subject to inspection of the City of Griffin Public Works and Utilities Department, Griffin, GA. It shall be the Supplier’s responsibility to coordinate with the City of Griffin Public Works and Utilities Department for inspection services. All work shall be done in accordance with the laws of the State of Georgia and shall meet or exceed the Georgia Department of Transportation’s Standard Specifications for the Construction of Roads and Bridges, latest edition and any amendments thereto.

1.2.1. GENERAL

1.2.1.1. SCHEDULE: All work shall be commenced within fifteen (15) days of the Notice to Proceed and shall be completed within ninety (90) calendar days thereafter, unless otherwise specified.

1.2.1.2. HOURS: Work hours will be 7AM until 6PM. Any needed deviations from the standard times must be approved by the project manager.

1.2.1.3. QUANTITIES: The quantities shown are approximates and may be increased or decreased as required to satisfy the needs of the City. Any changes in the quantities are to be billed and paid for at the unit prices of the final contract.

1.2.1.4. WORK ORDER CHANGES: The City, without invalidating any contracts awarded based on this Invitation to Bid, may order changes within the general scope of the services required to complete the work, by altering, adding to and/or deducting from the services to be performed. If any changes under this clause cause an increase or decrease in the Bidder’s total cost of or time required for, the performance of any part of the work, an equitable adjustment shall be made by mutual agreement and the Contract shall be modified in writing accordingly. All such work order changes shall be in writing.

1.2.1.5. WARRANTY: The warranty period shall be for a one (1) year minimum from the date of final acceptance by the City. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered as defective. The Bidder also certifies that the services to be rendered pursuant to this Invitation to Bid shall be performed in accordance with the standards customarily provided by an experienced and competent professional rendering the same or similar services.

1.2.1.6. PENALTIES: The City will assess a $250/per day penalty after the ninety (90) day period has expired. This supersedes section 4.1.

1.2.1.7. The successful bidder shall not subcontract, transfer, assign, or otherwise dispose of the contract or any portion thereof, without the written consent of the City.

1.2.2. RESURFACING AND STRIPING REQUIREMENTS

1.2.2.1. The Successful Bidder shall perform the resurfacing and striping. Removal and disposal of waste asphalt and dirt shall be the responsibility of the Supplier and at no additional cost to the City.

1.2.2.2. The Successful Bidder shall be responsible for the clearing of right-of-way obstructions (if any) as part of the work to be performed.

1.2.2.3. All striping shall be in accordance with the specifications of the Georgia Department of Transportation and the Manual of Uniform Traffic Control Devices for Streets and Highways (MUTCD).

1.2.2.3.1. Temporary markings are to be placed during the curing process.

1.2.2.4. The City’s project manager will be available to meet on site to discuss any special instructions or potential problems prior to the beginning of the job. They shall also inspect the job site upon completion to insure all work meets the specifications.

1.2.3. TRAFFIC CONTROL REQUIREMENTS

1.2.3.1. The Successful Bidder shall maintain safe and continuous vehicular access at all times, unless otherwise approved by the City of Griffin. The Contract shall provide all necessary signage and traffic control devices.

1.2.3.2. The Successful Bidder shall provide, erect and maintain all necessary barricades, suitable and sufficient lights and other traffic control device: shall provide qualified flagmen where necessary to direct traffic; shall take all necessary precautions for the protection of the work and safety of the public.

1.2.3.3. Construction traffic control devices and their installation shall be in accordance with the Georgia Department of Transportation and the Manual of Uniform Traffic Control Devices for Streets and Highways (MUTCD).

1.2.3.4. Placement and removal of construction traffic control devices shall be coordinated with Griffin Public Works a minimum of 48 hours in advance. Placement of construction traffic control devices shall be scheduled ahead of associated construction activities.

1.2.3.5. Construction time in street right-of-way shall be conducted to minimize the length of time traffic is disrupted.

1.2.3.6. Construction traffic control devices used intermittently, such as “flagman ahead”, shall be removed and replaced when needed. When working within State or City Highway right-of-ways, provide trained and certified flagmen who have completed a training program approved by the Georgia Department of Transportation.

1.2.3.7. Existing permanent traffic control devices within the construction work zone shall be protected from damage due to construction operations. All permanent traffic control devices requiring temporary relocation due to construction shall be located as near as possible to their original position. Their original position shall be measured for permanent reference points and recorded in a permanent log prior to relocation. Temporary locations shall provide the same visibility to affected traffic as the original position. Relocated permanent traffic controls devices shall be reinstalled in their original positions as soon as possible following construction in the affected location. Any permanent traffic control device damaged during construction due to negligence of the supplier shall be replaced by the supplier at his expense.

1.2.3.8. Construction traffic control devices shall be maintained in good repair, clean and visible to affected traffic for daytime and nighttime operation. Traffic control devices affected by the construction work zone shall be inspected daily.

1.2.3.9. Portable ‘advanced warning’ signs may be used in place of the post mounted signs.

1.2.3.10. Construction warning signs shall be black legend on an orange background. Regulatory signs shall be black legend on a white background. Construction sign panels shall meet the minimum reflective requirements of the Department of Transportation. Sign panels shall be of durable materials capable of maintaining their color, reflective character, and legibility during the period of construction.

1.2.3.11. No highway, road, or street shall be closed to traffic without authorization from the proper authority. It shall be the supplier’s responsibility to determine the exact requirements of the authority having jurisdictions over the right-of-way and no extra compensation will be allowed the supplier for meeting such requirements.

1.2.3.12. The Supplier will be responsible for replacement or repair of any traffic signal loops damaged during milling & resurfacing operations.

1.2.3.13. The City will erect any Low/Soft Shoulder signs that are needed and build/grass the dirt shoulders on the roads/streets that do not have curb and gutter. These areas must be conveyed to the project manager.

1.2.3.14. No shoulder work will be required on sections that have no curbing or gutter. The City will backfill these shoulders as needed. This information of need must be conveyed to the project manager.

1.2.3.15. Any manholes or water valves that need adjusting are to be raised to the final finished grade. A list of those raised must be conveyed to the project manager.

PACKAGING/SUBMISSION REQUIREMENTS

The following information and/or documents MUST be included with the supplier’s response and in the order listed below:

a. ___ Information/Cover Page (supplied)

b. ___ Bid Response Disclosures & Acknowledgement sheet (supplied). Note: Non-Collusion and Conflict of Interest Disclosures section must be notarized

c. ___ Pricing Sheet (supplied)

d. ___ References Sheet (supplied)

e. ___ Tax Compliance form (supplied)

f. ___ Company Registration paperwork – to be done online*

g. ___ Supplier Affidavit – an additional copy (showing as notarized) of the Supplier (EV) affidavit must be included with response

* If a complete and compliant (both required documents uploaded) registration has been submitted online, you may include a statement that you have a completed registration on file. Instructions and forms for registration may be found on the City’s website under Resources.

A checklist for your convenience has been provided at the end of this document. This checklist is for your convenience only and should not be returned with the submittal.

EVALUATION CRITERIA

The basis of selection will be the lowest responsive and responsible bid considering ability to meet the City’s specifications and requirements in addition to price. Other considerations will include, but are not limited to:

· Ability to provide requested service

· Quality of workmanship and products used

· Timeliness of project completion or delivery

· Additional costs to the City

· References

· Guarantees and warranties

· Value added services and/or options

The City reserves the right to accept the BEST-EVALUATED RESPONSE as deemed by the Evaluation Committee, which may or may not be the lowest monetary response.

REQUESTS FOR PROPOSAL, INVITATIONS TO BID

GENERAL PROVISIONS

Sections II - VII review the general terms and conditions. Any bid-specific information noted in Section I or in the Specifications & Response Section will take precedence.

2. SECTION II – GENERAL TERMS AND CONDITIONS

All available information, notices and addenda regarding this RFP shall be posted on the City’s website. Effective July 1, 2018, House Bill 489 requires that any solicitation extended by a municipal corporation for goods and services valued at $10,000 or more and any solicitation opportunity extended for public works subject to Chapter 91 of Title 36 of the O.C.G.A. also be posted on the Georgia Procurement Registry (GPR).

It is the Supplier’s responsibility to check the City’s website in order to confirm they have the most current information prior to submitting a response. Subsequent to the opening, all status notices will also be posted on the City’s website.

2.1. RESTRICTIONS ON COMMUNICATIONS WITH STAFF

All questions about this bid must be submitted in the following format:

Company Name

- Question Citation of relevant section of the bid

All questions regarding specification/technical issues must be in writing to the Project Manager for this bid (with a ‘cc’ to Procurement). The Project Manager, contact email and deadline for questions is noted in section 1.2.

All questions regarding administrative issues must be in writing to the Public Works Consultant:

Address: Brant D Keller Contract Consultant City of Griffin P. O. Box T, Griffin, GA 30224 Email: BKeller@cityofgriffin.com No questions other than written will be accepted. No response other than written will be binding upon the City. Questions will be combined into one list of questions and responses and will be posted as an addendum.

From the issue date of this request until an award has either been made or deemed closed for other reasons, institutions or individuals providing submissions are not permitted to communicate with members of the commission, the evaluation team or City employees, other than Procurement, with regard to the purpose or intent of this document. The exception to this is the submission of written technical questions to the project manager with Procurement copied. The City reserves the right to reject the submission of the offending supplier if this provision is violated.

Any updates or changes to this and related documents will be posted on the City’s website (https://vrapp.vendorregistry.com/Bids/View/BidsList?BuyerId=52b8c206-866a-4ed2-b7b8-bef7db8a901b) or by selecting “Resources” and then “Bid Opportunities” from the City home page. It is the Supplier’s responsibility to refer to the website for any addenda or other pertinent information before responding to this ITB request.

2.2. PUBLIC DISCLOSURE AND PROPRIETARY INFORMATION

All bids and any other public record with respect to solicitation shall be subject to public inspection, upon request, after the posting of the Notice of Intent to Award (NOIA) or Notice of Award (NOA). This is being done in order to protect the integrity of the procurement process unless otherwise required by law. For any Open Records requests, the City may assess fees for the costs of producing these public records as permitted by the Georgia Open Records Act.

Exceptions to the availability of information include 1) bona fide trade secrets meeting confidentiality requirements that have been properly marked and documented; 2) matters involving individual safety as determined by the City; 3) company financial information requested by the City to determine supplier responsibility; and 4) other constitutional protections. All documents that are to be proprietary and confidential are to be clearly marked as such.

Information received in response to this bid request will become the property of the City and will not be returned. If a proposer feels that any information is confidential or proprietary in nature, the proposer must prominently mark and initial such information as “PROPRIETARY INFORMATION”. The City will not release or divulge such information to third parties without the consent of the Proposer unless required to do so by applicable law or order a court of competent jurisdiction.

3. SECTION III –OVERVIEW AND PROCEDURES

Sections II - VII review the general terms and conditions. Any bid-specific information noted in Section I or in the Specifications & Response Section will take precedence.

3.1. COMPANY BACKGROUND & EXPERIENCE

Suppliers that have not contracted with the city in the past 2 years should provide a list of clients for whom similar services, as detailed in this bid, have been provided during the past 3-4 years. References must be for the organization or person submitting the bid. Subcontractor’s references are not acceptable.

The list must include:

Dates of service Name of contact person Title of contact person Phone number of contact person The Supplier will also disclose any services terminated by the client(s) and the reason(s) for termination.

Failure to provide this information will disqualify the bid submission.

3.2. REFERENCES

References should be for historical projects of similar size and scope. Details regarding these references are noted on the Reference page.

3.1.

3.2.

3.3. BID REQUIREMENTS

3.3.1. SPECIAL CONDITIONS

By submitting a bid response, Suppliers certify that their proposals are made without collusion or fraud and they have not offered or received any inducements in connection with their proposals. They further agree that this solicitation and any resulting contract shall be governed in all respects by the laws of the State of Georgia and they shall comply with applicable federal, state and local laws and regulations. Any contracts or leases resulting from the award of a Bid are to be for a period of not more than one year, with four renewal options for a total period not to exceed five years. Any exceptions to this policy must be noted and agreed to by both parties in writing, prior to the issuance of the Notice of Award. Pricing must remain firm for the duration of the initial term of the resulting contract; failure to hold firm pricing for the initial contract will be considered as sufficient cause for termination. Proposal submissions must remain valid for a minimum period of ninety (90) days after the submission due date unless otherwise stipulated.

The City reserves the right to reduce or increase the scope of the project if the lowest responsible and responsive supplier’s submittal is not in line with the budgeted amount for the project. The City, at its sole discretion, reserves the right to increase or decrease the scope of work to facilitate an award. This scope reduction will be enacted only if it is in the best interest of the City and constitutes no guarantee of scope.

The City also reserves the right to add to the contract any future work or purchased goods, with the agreement of the supplier, at prices offered in this bid document. This option will be enacted during the contract or within six months subsequent to the end of the contract, if in the best interest of the City and with the agreement of both parties.

3.

3. RESPONSES

In responding to a bid, ALL item numbers with appropriate formatting must show some type of acknowledgment in order for the response to be properly evaluated. Failure to respond to all specification criteria items may be deemed as sufficient reason to reject a submission. If formatting is not provided for a response at the item level, any non-compliance must be clearly marked, detailed and included with the bid response. Any items not identified shall be deemed as in compliance. Suppliers must: 1) complete any/all required forms; 2) indicate agreement or disagreement on each mandatory requirement and, if requested, provide additional information on how the specifications will be exceeded or not met; and 3) provide complete and detailed responses to any and all non-mandatory requirement that can be fulfilled.

If determined to be in the City’s best interests, a Best and Final Offer (BAFO) may be requested. A BAFO may be requested when:

· The prices for all responsive and responsible submittals exceed budget;

· No single responsive and responsible submittal meets all requirements;

· When all responses are unclear or deficient in one of more areas;

· When the grading scores of two or more submittals require additional evaluation;

· At the discretion of the evaluation team to clarify submittals or to negotiate costs or other deliverables.

3.3.4. PACKAGING OF BID

Submissions must be by the following method:

No e-mail, fax or scanned submissions will be accepted. Hard copies are to be submitted in a sealed package containing an unbound original and the number of copies specified in Section I. The sealed package must be labeled on the outside as follows:

(Supplier Name) BID # (Bid Number) (Bid Title)

Supplier response to this bid must consist of the following documents in addition to any bid-specific information requested:

· Pricing

· Schedule of proposed work (when applicable),

· Completion Schedule (when applicable),

· Supplier Registration is to be completed online, with the following forms needing to be uploaded

· Supplier Affidavit (E-Verify) (available online),

· W-9 (available online),

· Some responses may require an additional notarized Supplier affidavit. (See section 1.4),

· The City cannot award to a supplier that is not registered and compliant,

· Tax Compliance form (required if over $99,000) (supplied if required),

· Reference list of a minimum of three (3) references (supplied).

3.3.5. SUBMISSION OF BID

The original and specified copies of the bid response must be delivered to the Procurement Department no later than the time and date specified in Section I. Any bid received after stated time or delivered to department other than Procurement will not be accepted. The City of Griffin will not be responsible for any responses not received by the Procurement Department prior to the deadline.

Bids must be submitted to:

City of Griffin Attention: Brant D. Keller – Contract Consultant P. O. Box T, Griffin, GA 30224

Or delivered to:

Attention: Brant D. Keller – Contract Consultant 100 S Hill Street, 3rd Floor Griffin, GA 30223

*Note: Notify Procurement via email (bkeller@cityofgriffin.com) if submittal is mailed via Post Office (USPS).

3.3.6. ALTERNATE BID DOCUMENTS

Documents prepared by the City must be used for the submission of Bid Response. Alternate bids or bids that deviate from the requirements of this solicitation may not be considered. Suppliers shall not insert in their submission any written statement which will have the effect of making any material change or changes in the Scope of Services or in any contract between the parties covering the subject matter thereof.

3.3.7. ADDITIONAL INFORMATION/ADDENDA

The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the bid opening date. Suppliers should not rely on any representations, statements, or explanations other than those made in this Invitation to Bid and its’ addendums. Where there appears to be a conflict between the Invitation to bid and any addenda issued, the last addendum issued will prevail. It is the Supplier’s responsibility to check for addendums (under Bid Opportunities) on the City’s website.

Suppliers must acknowledge any issued addenda. Bids which fail to acknowledge the supplier’s receipt of any addendum will result in the rejection of the bid if the addendum contains information which substantively changes the City’s requirements.

3. PROPOSAL PRICING, ERRORS AND OMISSIONS

8. In the event there is a discrepancy between a unit price submitted and the extended price, the unit price will prevail.

8. All corrections, changes or erasures to the proposal submission are to be initialed in ink.

3.3.9. WITHDRAWAL OF BID

A supplier may withdraw his bid before the submittal deadline without prejudice to the supplier by submitting a written request of withdrawal to the Procurement Analyst.

3.3.10. LATE SUBMITTAL, LATE MODIFICATIONS & LATE WITHDRAWALS

Bid submittals received after the bid opening date and time will not be accepted. Modifications received after the bid opening date will not be considered. The City assumes no responsibility for the premature opening of a bid not properly addressed and identified or not delivered to the proper designation.

3.3.11. MINIMUM BID ACCEPTANCE PERIOD

Bids shall be valid and may not be withdrawn for a minimum period of 90 days from the date specified for receipt of bids. Suppliers will be asked for an ‘expiration date’ for the bid submitted, when appropriate. This does not impact the contract price once a bid has been awarded.

3. DISQUALIFICATION OF BIDS OR SUPPLIERS

Suppliers may be disqualified from participation in the bid process for reasons which include, but are not limited to the following:

3.3.12.1. Evidence of collusion;

3.3.12.2. Attempting to manipulate the submittal pricing for its’ own benefit (i.e. pricing resulting in a failure of the City’s ability to enforce the Contract or impose the remedies intended following breach by Supplier);

3.3.12.3. Being in arrears on any of its existing contracts with the City or in litigation with the City or having defaulted on a previous contract with the City;

3.3.12.4. Being in arrears on taxes owed to the State of Georgia;

3.3.12.5. Poor, defective or otherwise unsatisfactory performance of work for the City or any other party on prior projects which, in the City's judgment and sole discretion, raises other party on prior projects which, in the City's judgment and sole discretion, raises party on prior projects which, in the City's judgment and sole discretion, raises doubts as to Supplier's ability to properly perform the work;

3.3.12.6. Any offering of gifts, unauthorized compensation or other unethical actions to City employees with respect to interest in any business activity; or

3.3.12.7. Any other cause which, in the City's judgment and sole discretion, is sufficient to justify disqualification of the supplier or the rejection of their submittal;

3.3.13. REJECTION/CANCELATION/AWARD OF BIDS

The City reserves the right to:

a) reject any and all submittals received outside the time/place stated in the notice;

b) reject any submittals which show omissions, irregularities, alteration of forms or unsolicited responses;

c) waive any minor technicalities of form, or formalities of the responses without prejudice to other responses;

d) reject any or all bids or any part thereof;

e) obtain clarification on any point in a respondent submittal or obtain additional information;

f) accept the bid that is in the best interest of the City, regardless of whether or not it is the lowest bid;

g) award the bids received on the basis of individual items or on the entire list of items.

The City also reserves the right to cancel this bid at any time and will not be liable for any cost/losses incurred by the Supplier throughout this process.

Where applicable, the City reserves the right to make multiple awards or to award a contract by individual line items or alternatives, by group of line items or alternatives, or to make an aggregate award, whichever is deemed most advantageous to the City. If the City determines that an aggregate award to one supplier is not in the City’s best interest, "all or none" offers will be rejected.

3.3.14. COST INCURRED BY SUPPLIERS

All expenses involved with the preparation and submission of the bid to the City, or any work performed in connection therewith, is the responsibility of the supplier(s).

3.3.15. BID OPENING

All bids will be opened on the pre-determined bid opening date. The bid details and related documents will not be publically announced or reviewed at the bid opening; they will be turned over to an evaluation committee. No awards will be made or implied at this time. The Status field on the City’s website will be updated following any change in the Bid process. Refer to section 2.1 for details regarding this Status. Any bid-specific exceptions to the ‘non-public opening’ will be noted in the Schedule (section 1.2).

3.3.16. AWARD AND RESULTING CONTRACT

Award will be made to the lowest responsive and responsible Supplier whose submittal is compliant to the terms of this bid request. The quality of the articles to be supplied, their conformity with the specifications, their suitability to the requirements of the City, the delivery terms and other criteria, as well as price, will be taken into consideration in making the award.

Any resulting contract shall not be binding upon the City nor should any action be started until it has been executed by both parties and a copy of the fully executed contract has been delivered to the successful Supplier. Specifications noted in this bid request shall be incorporated into the resulting contract. The City reserves the option to prepare and negotiate its own contract, giving due consideration to the stipulations of the supplier’s proposed contract and associated legal documents.

3.3.17. PROTESTS

Protest may be filed by the affected party regarding any aspect of the solicitation, evaluation or award. All protests must be in writing, include the information listed below and directed to the Procurement Department. Protests regarding the specifications or how a solicitation was written must be filed at least seventy-two (72) hours prior to the deadline. Protests regarding the validity of the evaluation team or the evaluation process must be filed within seventy-two (72) hours of the notice to bidders. Protests regarding the recommended awardee must be filed within ten (10) days of the Notice.

FILING A PROTEST

Only suppliers intending to submit a response may protest a solicitation and only suppliers that respond to a solicitation may protest the evaluation /award. All Protests must be directed to the Procurement Department, be in writing and contain the following information in order to be valid:

17. The name (company), address, telephone number and email of the protestor

17. Signature and printed name of the protestor

17. Identification of the solicitation and the sections contested

17. A statement of reason for the protest including copies of relevant supporting documents

17. A description of the remedy requested.

17. A decision will be rendered by Procurement. Should the protest need to be escalated, it shall continue as needed through the following stages: City Attorney, Board of Commissioners, court system.

3. INSPECTION AND ACCEPTANCE OF EQUIPMENT (FOR PURCHASE)

Where applicable, all items bid and furnished that are to be purchased must be completely new, free from defects and operate as intended unless otherwise specified in writing. Discontinued, remanufactured or demonstrator items will not be accepted unless specifically requested. The manufacturer’s standard warranty shall be identified and copies of the warranties are to be presented upon request. In addition, all items supplied shall comply with all Federal and State regulations, applicable and effective on the date of acceptance. All items must meet or exceed all existing Federal, State and Local health, safety, lighting, emissions and noise standards.

The City reserves the right to inspect and test any equipment being offered in the bid prior to making any award. The City may also request a demonstration or site visit for evaluation purposes. The equipment delivered under this bid shall remain the property of the seller until a physical inspection of the equipment is made and accepted by the City. In the event that the equipment supplied to the City is found to be defective or does not conform to the City’s specifications, the City reserves the right to cancel the order upon written notice to the seller and to return the equipment to the seller at the seller’s expense.

3.5. STATEMENT OF EXPERIENCE AND QUALIFICATIONS

The supplier may be required, upon request, to prove to the satisfaction of the City that he/she has the skill and experience and the necessary facilities and ample financial resources to perform the contract(s) in a satisfactory manner and within the required time. If the available evidence of competency of any supplier is not satisfactory, the response of such supplier may be rejected. The City reserves the right to request clarifications of any response or to conduct discussions for the purpose of clarification. Any clarifications made as a result of these discussions are to be provided in writing.

3.6. NON-COLLUSION AFFIDAVIT

By submitting the notarized signature in the response, the Supplier represents and warrants that such response is genuine and real and not made in the interest or on behalf of any person not therein named. It is further warranted that the Supplier has not directly or indirectly solicited any other Supplier to put in a sham submittal, or any potential Supplier to refrain from submitting and that the Supplier has not in any manner sought by collusion to secure any advantage over any other Supplier. By submitting a response, the Supplier represents and warrants that no official or employee of City has, in any manner, an interest directly or indirectly in the RFP or in the contract which may be made under it, or in any expected profits to arise therefrom. It is further warranted that the Supplier is independent of the City.

3.7. HOLD HARMLESS AND INDEMNIFICATION

The Supplier agrees, insofar as it legally may, to indemnify and hold harmless the City, its officers, employees and agents from and against all loss, costs, and expenses, including attorneys' fees, claims, suits and judgments in connection with injury to or death of any person or persons or loss of or damage to property resulting from any and all operations performed by Supplier, its officers, employees, and agents under any of the terms of this contract.

3.8. BID BONDS (Bid, Performance, Payment)

For any bid as required and noted in Section 1 of this bid document, a one hundred ten percent (110%) Performance bond and a one hundred ten percent (110%) Payment bond shall be furnished payable to, in favor of, and for the protection of the City. When Bid bonds are required, they must be in a sum equal to five percent (5%) of the total amount of the supplier’s response and may be in the form of a surety issued bond or cashier’s check made payable to the City of Griffin. Bid bonds are returned to the unsuccessful suppliers when the Notice of Award has been issued or contract has been executed. When bonding is required, failure to submit appropriate bonding will result in automatic rejection of bid. Performance and/or Payment bonds must be presented within ten (10) days of the Notice of Intent to Award or prior to the award of contract, whichever is later. Surety companies executing bonds must appear on the Treasury Department’s most current publication (Circular 570 as amended) and be authorized to do business in Georgia. Unless otherwise specified, bonds shall be in effect for a period of one year from the completion of the project. The bond amounts shall be increased as the contract amount is increased. No alternative securities are currently accepted in lieu of performance or payment surety bonds.

4. SECTION IV – OTHER GENERAL SPECIFICATIONS

Sections II - VII review the general terms and conditions. Any bid-specific information noted in Section I or in the Specifications & Response Section will take precedence.

4.1. LIQUIDATED DAMAGES

Pursuant to O.C.G.A. § 36-91-24, it is understood that the Notice-to-Proceed and the time for completion of the work as specified are ESSENTIAL conditions of any resulting contract and that the performance and completion of this work within the specified time is vital to the City’s economic interests. If the Supplier neglects, fails or refuses to complete the work within the mutually agreed time specified, the City may impose liquidated damages for each day of non-compliance past the scheduled completion date. Unless otherwise specified in Section I of this document or in the resulting contract, liquidated damages may be assessed at a rate of 1%, with a limit of $500.00 per day of non-compliance.

4.2. FORCE MAJEURE

The City and Supplier will be excused from the performance of their respective obligations under this Contract when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including but not limited to, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, order/act of any governmental authority, provided that:

2. The non-performing party gives the other party prompt written notice within three (3) business days describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure;

2. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure;

2. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure;

2. The non-performing party uses its best efforts to remedy its inability to perform. Economic hardship of the Provider will not constitute Force Majeure. The term of the Provider shall be extended by a period equal to that during which either party's performance is suspended under this Section.

The provisions of this section shall not preclude the City from canceling or terminating any resulting award (or any order for any goods or services included herein), or from revising the scope of the Work, as otherwise permitted under this RFP.

4.3. SUPPLIER'S INVOICE

4.3.1. The Supplier shall prepare and submit invoices to the attention of the project manager at: City of Griffin, Attn: (insert project manager name), PO Box T, Griffin, GA 30224. A proper invoice must include the items listed below:

(a) Name and address of the Supplier.

(b) Invoice date and invoice number. (The Supplier should date invoices as close as possible to the date of the mailing or transmission.)

(c) Purchase order number for supplies delivered or work completed.

(d) Description, quantity, unit of measure, unit price, and extended price of supplies delivered.

(e) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms).

(f) Name and address to which payment is to be sent.

(g) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(h) Any other information or documentation required by the contract (e.g., evidence of shipment).

4.3.2. A summary invoice shall be provided for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value. A summary invoice shall be supported by receipt copies of the delivery tickets. Delivery tickets or sales slips shall contain:

(a) Name of supplier

(b) Purchase Order number

(c) Ship to Department and Address

(d) Description, Quantity, unit price, and extension of each item.

(e) Date of delivery or shipment.

4.4. TAX LIABILITY

The successful supplier will be provided with the City’s Sales and Use Tax Certificate of Exemption number upon request.

4.5. PAYMENT

Payment will be made for items accepted by the City; standard terms are net 30.

4.6. ESTIMATED QUANTITIES

The quantities of items specified in the Bid Schedule are estimates only and are not purchased by this contract. If the City’s requirements do not result in orders in the quantities described as "estimated", that fact shall not constitute the basis for an equitable price adjustment. Delivery shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order clause or elsewhere in this contract, the Supplier shall furnish to the City all items specified in the Bid Schedule and called for by orders issued in accordance with the Ordering clause.

4.7. ASSIGNMENT OR NOVATION OF CONTRACT

The Supplier shall not assign or transfer, whether by Assignment or Novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under the Contract without the written consent of the City; provided, however, that assignments to banks, trust companies or other financial institutions for the purpose of securing a bond may be made without the consent of the City.

4.8. TERMINATION FOR CAUSE

The City reserves the right to terminate the resulting contract, in whole or in part, for failure to comply with any provisions of the contract as outlined by providing a written notice to the Supplier at least thirty (30) days before the effective date of termination. The Supplier will not be relieved of any outstanding responsibilities or unfinished obligations under this contract. Receipt of items by the delivery date is critical to the terms of this contract. The City considers late delivery of contract items as reasonable cause to terminate the contract.

Prior to termination, a Cure Notice will be issued by the City. The Notice will identify the problems and deadlines that need to be met to remedy the problems to avoid termination for default. If the Supplier does not respond with an acceptable action plan to remedy the default or commence to remedy the default within a period of five (5) business days (or such longer period as the City may authorize in writing) after the issuance of notice, the City may issue termination for cause.

4. TERMINATION FOR CONVENIENCE

The City reserves the right to terminate the resulting contract, in whole or in part, in the event the City determines that such termination is in the best interest of the City, such as an unforeseen project cancellation. Any such termination shall be effected by the delivery of a notice specifying the extent to which performance of work under the contract is termination and the date upon which the termination becomes effective. The City will payment of deliverables satisfactorily executed according to industry standards or proven loss with respect to materials, etc.

4. TERMINATION FOR FUND APPROPRIATION

The City may unilaterally terminate this Agreement due to a lack of funding at any time by written notice to the Supplier. In the event of the City's termination of the resulting contract for fund appropriation, the Supplier will be paid for those services actually performed. Partially completed performance of the Agreement will be compensated based upon a signed statement of completion to be submitted by the Service Provider which shall itemize each element of performance

4.11. CHANGES

All work and materials furnished for this project shall be made in conformance with the contract documents. Changes in the scope of work or the terms and conditions of this contract may be made only by written agreement of the parties. Changes that involve an alteration to the payment amounts shall not commence until approved by the City and a Change Order has been issued.

4.12. REPORTING DISPUTES

The Supplier shall report any contract disputes and/or problems to the Procurement Analyst, both verbally and in writing within 48 hours of their occurrence.

5. SECTION V –INSURANCE REQUIREMENTS

Sections II - VII review the general terms and conditions. Any bid-specific information noted in Section I or in the Specifications & Response Section will take precedence.

Prior to commencing work, the Supplier shall procure and maintain at their own cost and expense for the duration of the agreement the following insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of the work or services hereunder by the Supplier, his agents, representatives, employees or Subcontractors. A Certificate of Insurance (COI) and any other documents required by the City must be submitted to the City prior to the commencement of any work. In the event of failure to supply the required documentation, the City shall have the right to recover any costs or damages incurred.

The City of Griffin, its agents, elected officials, and employees shall be included as additionally named insured with respect to all liability policies herein except the professional liability coverage and worker’s compensation which shall be indicated on all applicable certificates of insurance. The insurance Certificates indicated above shall carry a written notice of change cancellation and shall be submitted in a reasonable period prior to the execution of any work under this contract. It shall be the responsibility of the Supplier to provide similar insurance for each subcontractor, or to provide evidence that each subcontractor carries his own insurance in like amounts, prior to the time such subcontractor proceeds to perform under the contract. The Supplier’s insurance policy shall be primary for the additional insured, and not excess over any policy held by the additional insured.

The information described below sets forth minimum amounts and coverage and is not to be construed in any way as a limitation on the Supplier’s liability.

5.1. STANDARD INSURANCE REQUIREMENTS

The City reserves the right to require higher insurance limits on any contract, provided notice of such requirement is stated in the solicitation.

5.1.1. Commercial General Liability Insurance - $1,000,000 limit per person, $2,000,000 per occurrence for property damage and bodily injury. The Supplier should indicate in the proposal and on the insurance certificate that the coverage provided is occurrence based. The City of Griffin shall be named as "additional insured” as its interest may appear and “waiver of subrogation granted”. The insurance shall include coverage for the following:

· Premise/Operations

· Explosion, Collapse and Underground Property Damage Hazard (only when applicable to the project)

· Products/Completed Operations

· Contractual

· Independent Suppliers

· Broad Form Property Damage

· Personal Injury

5.1.2. Automobile Insurance - $1,000,000 limit per person or $2,000,000 combined single limit for property damage and personal injury.

· Owned/Leased Autos

· Non-owned Autos

· Hired Autos

5.1.3. Umbrella Coverage

5.1.3.1. Workers’ Compensation and Employers’ Insurance -- with benefits and monetary limits as set forth by Title 34, Chapter 9 of the O.C.G.A. Workers’ Compensation coverage is required as a condition of performing work or services for the City whether or not the Supplier is otherwise required by law to provide such coverage. The Supplier shall supply the City with proof of compliance with the Workers’ Compensation Act while performing work for the City by way of a COI. This proof must be received by the City prior to the commencement of work. If the Supplier does not meet the requirement for workers’ compensation coverage, the certificate of insurance shall state that the contractor waives subrogation in regard to workers’ compensation.

5.1.3.2. Professional Liability/Errors & Omissions Insurance - $2,000,000 or as per project (ultimate loss value per occurrence). Primarily E&O insurance is designed to protect the professional advice providers (i.e. consultants, financial services) or professional service-providing professionals (i.e. medical providers, lawyers).

5.2. OTHER INSURANCE PROVISIONS

5.2.1. All Coverage

5.2.1.1. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City.

5.2.1.2. If the Supplier, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement and obtain damages from the Supplier resulting from said breach.

5.2.1.3. Alternatively, the City may purchase such required insurance coverage (but has no special obligation to do so), and without further notice to the Supplier, the City may deduct from sums due to the Supplier any premium costs advanced by City for such insurance.

5.2.2. Commercial General Liability and Automobile Liability Coverage

5.2.2.1. The City, members of its City Commission, boards, commissions and…