RFB 24_040_01 Historical Scan Digitize Clerk .pdf

September 4, 2024

INVITATION TO BID

RFB# 24-040-01, Provision of Scanning & Indexing Historical Court Documents

Berrien County Board of Commissioners is soliciting competitive sealed bids from experienced and qualified service providers for the Provision of Scanning & Indexing Historical Court Documents. The documents will be scanned on-site in the Berrien County Clerk of Court office and the final product is to be searchable by indexing.

Contractors must provide all Labor, Equipment & Materials required to:

• Prep, Scan & Index all available original documents on site (Plat/Deed Books & Cancellation Books, approx. 92,000 +/- pages)

• Scanning must be at minimum of 300dpi at 256 gray levels

• Must be a Georgia Superior Court Clerk’s Cooperative Authority (GSCCCA) Certified Vendor by a Certified System

• Imaging to be completed based on the GSCCCA Approved Docket Survey

• Reverse black images with white text to white images with black text

• Format images/indexes that can be imported into the local records management software & images will be sent to GSCCCA

• Provide a form of backup with the GSCCCA MyVault Application

• The County will receive a MASTER (CD, DVd, FP, Flash Drive, etc) in a medium suitable to the project size.

• No change orders will be accepted for this project

The bid packet is available at the Berrien County Commissioners Office, 201 North Davis Street, Room 198, Nashville, GA 31639 or can be accessed on the Berrien County website at www.berriencountyga.gov and on the Georgia Procurement Registry website:

www.ssl.doas.state.ga.us/gpr/ Bids should be typed or submitted in ink and returned in a sealed container marked on the outside with the RFB# and Company Name.

Bids will be received until 11:00 A.M. local time September 20, 2024, and publicly opened and read at the Berrien County Commissioners Office – 201 N. Davis St., Room 198. Nashville, GA 31639. Any bid received after this date and time will not be accepted.

Apparent bid results will be available the following business day on our website www.berriencountyga.gov.

All clarifications will be issued by an addendum only. Questions regarding bids should be directed to Honorable Shawana C. Hughes at shawna.hughes@GSCCCA.org, no later than 3:00 A.M. local time on September 13, 2024. Bids are legal and binding upon the bidder when submitted. All bids should be submitted in duplicate.

Successful service provider will be required to meet insurance requirements. The Insurance Company should be authorized to do business in Georgia by the Georgia Insurance Department and must have an A.M. Best rating of A-5 or higher.

The Berrien County Board of Commissioners provides equal opportunity for all businesses. It does not discriminate against any person or business because of race, color, religion, sex, national origin, handicap or veteran status. This policy ensures that all segments of the business community have access to supplying the goods and services needed by the County.

The written bid documents supersede any verbal or written prior communications between the parties.

Award will be made to the service provider(s) submitting the lowest responsive and responsible bid. Berrien County reserves the right to reject any or all bids to waive technicalities and to make an award deemed in its best interest. Bids may be split or awarded in the entirety. Berrien County reserves the option to negotiate terms, conditions and pricing with the lowest responsive bidder(s) at its discretion.

Award notification will be posted after award on the County website, www.berriencountyga.gov and companies submitting a bid will be notified via email.

Brenda Ferrell County Administrator

Your Bid Submission should include: (1) One original, (1) One copy and (1) One Electronic copy on USB Flash Drive.

http://www.berriencountygeorgia.com/ http://www.ssl.doas.state.ga.us/gpr/ http://www.berriencountygeorgia.com./ mailto:shawna.hughes@GSCCCA.org, http://www.berriencountygeorgia.com/

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I. SPECIFICATIONS

A. General Requirements The successful service provider shall provide all labor and equipment necessary to make digital images by document type, and index, using specified taxonomy of the Georgia Superior Court Clerk’s Cooperative Authority (GSCCCA). The successful service provider shall utilize automated digital document scanners to capture all images, install server(s), workstations, and local network to support digital scanning as needed to accomplish the goals of document preservation. The purpose of digital image scanning and conversion to image scanning is to make available an image database to the client and enhance service delivery levels to the citizens of Berrien County. Documents are to be scanned daily.

B. Purchasing Contact Information regarding the bid requirements may be obtained by submitting questions in writing to Shawna Hughes, Clerk of Superior Court, Email: Shawna.Hughes@GSCCCA.ORG by the established cutoff date for questions.

C. Bid Preparation Bidders should SUBMIT ONE (1) ORIGINAL, SIGNED AND DATED (1) COPY OF ORIGINAL, AND (1) ELECTRONIC COPY ON USB FLASH DRIVE on the forms provided in the Bid Document.

All bids should be made on the bid forms contained herein and shall be subject to all requirements of the solicitation. All bids should be regular in every respect without excisions, and no special conditions should be made or included in the bid by the Bidder.

Unit price and extensions of unit prices should be entered in the appropriate spaces provided on the Bid Schedule.

Unit prices shall include an appropriate allocation of overhead and other indirect costs deemed necessary so that the summation of unit price extensions represents the total bid amount. Failure to return the required County forms may be grounds for the County to deem the bid non-responsive and therefore ineligible for award.

D. Addenda and Interpretations All questions should be received no later than the question cutoff date provided on the invitation to bid. Only those questions not answered in the solicitation and/or clarifications answered by formal written Addenda will be binding.

If a bid bond is required, forms would be contained in the solicitation. This bid does not require a bid bond.

Replies will be issued by addenda and will be posted on the Berrien County website and Georgia Procurement Registry for download. Receipt of addendum should be acknowledged in the bid. It is the bidder’s responsibility to ensure that they have all applicable addenda prior to bid submittal.

E. References All interested parties submitting a bid on this solicitation should provide to the County three (3) verifiable references of equal size and scope. It is the responsibility of the service provider to make sure that all contact names, phone numbers, and email addresses are current. The County will make a reasonable attempt to contact the references indicated on the bidder’s reference sheet. If the County is unable to make contact with the reference provided, the County may require the bidder to submit additional references. Failure on the part of the bidder to provide the County with three verifiable references may be grounds for the County to deem the bidder non-responsible and therefore ineligible for award.

F. Insurance The successful bidder will be required to meet the insurance requirements set forth in this solicitation. The insurance company should be authorized to do business in Georgia by the Georgia Insurance Department and must have an A.M. Best rating of A-5 or higher.

mailto:Shawna.Hughes@GSCCCA.ORG

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II. SCOPE OF WORK, TECHNICAL SPECIFICATIONS, AND SCANNING SPECIFICATIONS

The service provider must adhere to the following:

A. SCOPE OF WORK

The successful service provider will be required to scan and index Deed Books & Cancellation Books into digital images. All bidders shall be prepared to perform all these functions. The daily workload and/or production schedule will be determined by the Clerk of Court to maintain the project within the budget available for this project. At no time will the successful bidder be allowed to deviate from the schedule set by the Clerk of Court without written approval of the Clerk of Court.

The purpose of image scanning, conversion and indexing services is to image documents following the standards listed herein and to make available an image database to Berrien County Clerk of Courts. The documents must stay onsite in Berrien County Clerk of Superior Courts office.

There are an estimated 92,000(+/-) pages to be scanned & indexed:

Item Image Quantity

Deed Books A – Z

27 – 136

87,816 pages

Cancellation Books 1 -5

4,190 pages

Est. Total 92,0006 pages

*Page number estimate is based on 10, standard letter size pages, single side, per file. Estimated quantities are not guaranteed.

The service provider must adhere to the following:

1. Confidentiality and Security of Documents

It is vital that the successful service provider understands the requirements for maintaining integrity, chain of custody and security of the document files throughout the entire process. Once the successful service provider receives the documents from the Clerk of Superior Courts, they become solely responsible for their safekeeping.

The service provider shall:

a. Safeguard against theft, loss, and/or damage must be maintained at the highest levels.

b. Allow NO unauthorized reproduction or duplication of any media produced by the service provider is permissible, without the consent of Berrien County Courts.

c. Establish and document specific procedures for handling County document files that:

i. Minimize the risk for an original document to be misfiled, misplaced, damaged, or lost;

and

ii. Assures all documents presented for scanning are imaged, indexed and stored in the deliverable image library.

d. Make No changes or any other alterations to the contents of the original documents.

e. Evaluate conditions and quality of original paper document and determining the appropriate scanning method to produce the best image.

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f. Coordinate any other changes or actions regarding the documents with the Courts.

2. Final Quality Assurance (QA)

The service provider shall be required to perform a final quality assurance step that compares the cases uploaded to those provided by the Clerk of Courts for scanning, to ensure that every court document/case file has been digitized, indexed, and uploaded. The Clerk of Courts will implement this process in conjunction with the service provider.

3. Retrieval of a Case File

The service provider shall maintain an inventory of the court document/case files in each book to allow for the retrieval of any document file in their possession.

4. Document Pickup

All documents/files will not leave the premise of the Berrien County Clerk of Superior Courts office.

The imaging/scanning & indexing will take place onsite in the office of the Clerk of Superior Court.

5. Document (Original) Return

Document files are to be returned to Berrien County Clerk of Superior Court, in the original storage book, in which they were received.

B. TECHNICAL SPECIFICATIONS

1. Service provider shall provide final images in a manner and format such that they may be integrated into the existing case file record system (Kofile Premier Georgia) used by the Clerk of Court.

2. Service provider shall provide final indexed data & images in a manner and format that utilizes the Georgia Court Clerk’s Cooperative Authority (GSCCCA) that organizes, searches, and views, to the local record management system for search and retrieval.

3. Service provider shall provide final images converted from paper to digital PDF/A.

4. Images accumulate as Group IV bi-tonal images in a Gray Scale JPG & Black/White TIFF format.

5. Database user should be able to perform custom search by indexed field.

6. Digital images may be viewed via internal Web browser (Internet Explorer 8 or higher, Microsoft Edge, Mozilla, Firefox, or Chrome).

C. SCANNING SPECIFICATIONS

1. Document Preparation

The service provider shall include an “Imaging Control Log” for each book of files. The log shall remain in each book, throughout the preparation, scanning and quality assurance stages. The log should capture at minimum the County Records Management Book/Volume/Page (or other requested fields) in each book, number of pages prepped in each book, and number of pages scanned per book. The log is to be placed in the corresponding book upon return of the records to Berrien County Clerk of Superior Courts office. The log will be compared to invoices prior to processing payment to ensure that invoices are submitted accurately.

a. Standard Preparation

Service provider shall:

i. Remove staples, paper clips or other extraneous items.

ii. Unfold, smooth or other actions to make documents ready for scanning.

iii. Repair all torn documents with non-reflective, archival tape.

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b. Document Sequencing

Service provider shall place the documents within each book in the sequence specified by the Berrien County Clerk of Superior Courts office.

2. Document Scanning & Indexing

Service provider shall calibrate and maintain systems (maintain consistency of output as described in ANSI/AIIM MS44-1988 (R1993) Recommended Practice for Quality Control Image Scanners;

ensure that scanning system is free from dust and other particles; maintain calibration through each shift; use appropriate technical targets and procedures as defined by manufacturer).

a. All document files shall be indexed by the following searchable fields:

i. Double Blind Key Indexing, Verification and final Quality Control by a Georgia Superior Court Clerks’ Cooperative Authority (GSCCCA) Certified Indexing System

ii. Data Indexed by Georgia Superior Court Clerks’ Cooperative Authority (GSCCCA) Certified Indexers who have passed the State Indexing Exam with a score of 95 or higher

iii. The County receives a MASTER (e.g., CD, DVD, ftp, flash drive) in a medium suitable to the project size.

iv. Indexed Data & Images will be submitted to the Georgia Superior Court Clerks’ Cooperative Authority (GSCCCA) to be available on the state search site by Name, Book and Page.

v. Indexed Data & Images will be provided to the local record management system for search and retrieval

vi. Image quality to be addressed and missing pages to be imaged where needed.

vii. Images and Indexing data will be backed with the Georgia Superior Court Clerks’

Cooperative Authority (GSCCCA) MyVault Application.

b. Converted images shall be in one of the following formats:

i. Capture images at a minimum of 300 dpi at 256 gray levels, ensuring the highest quality for poor contrast and legibility. Gray-scale ensures optimum resolution for each page.

ii. Imaging to be completed onsite in the Berrien County Clerk of Court office.

iii. Imaging is completed by a Georgia Superior Court Clerk’s Cooperative Authority

(GSCCCA) Certified Vendor by a Certified System.

iv. Imaging to be completed based on the Georgia Superior Court Clerks’ Cooperative

Authority (GSCCCA) Approved Docket Survey

v. Images accumulate as Group IV bi-tonal images in a GrayScale JPG & Black/White TIFF format.

vi. Images are named (tagged for the directory file structure) by Book/Volume/Page (or other requested fields).

vii. Effectiveness and legibility are assured through rigorous, systematic quality control.

Each image is sight-checked and certified ensuring all pages are present, no double feeds occurred

viii. The County receives a MASTER (e.g., CD, DVD, ftp, flash drive) in a medium suitable to the project size.

ix. Images will be loaded to into the local record management software (Kofile Premier Georgia) and images will be sent to the Georgia Superior Court Clerks’ Cooperative Authority (GSCCCA).

x. Images will be provided for backup with the GSCCCA MyVault Application

c. Each document within the Books shall be grouped and scanned under the corresponding Book/Volume/Page, etc.

d. All data must be preserved in a form identical to, or functionally equal to, the original record.

e. Service provider shall scan documents at minimum 300 DPI at 256 gray levels or higher for those documents where it is required to meet the quality requirements.

f. Service provider shall not scan blank documents.

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g. Make adjustments and re-scanning, if necessary, to produce a complete and legible image.

h. Service provider shall report and discuss any problem images that cannot be captured to meet quality with the Clerk of the Courts.

i. Service provider shall enter on the “Imaging Control Log” the number of pages recorded by the scanner for each book of document files scanned.

j. Scanning production and deliverables will be tracked in a batch environment by delivery with information readily available to Berrien County.

3. Quality Assurance (QA)

The service provider shall perform a 100% QA for each case scanned, by comparing each document in the document/file folder against the images in digital format. This shall include image clarity, orientation, and accuracy (missing, overlapping, etc. of documents).

The service provider shall document on the “Imaging Control Log” all corrections made to ensure digital images mirrors the original documents in the case file folder.

4. Document Deliverables

The service provider shall upload the scanned images as designated by the Clerk of Courts. The Clerk of Court will work with the successful service provider on the methods needed to accomplish this task.

If service provider cannot meet any of the specifications, expectations, or services in Section II, or take exception to any of the terms or conditions presented, these exceptions should be distinctly noted, in bid package. If no exceptions are reported, the County will assume full capabilities as described in the specifications

D. Certification and Important Requirements

1. It is the County’s preference that the service provider be certified with the Georgia Superior Court

Clerks’ Cooperative Authority (GSCCCA) to perform indexing, verification, and scanning services.

Service providers without the GSCCCA certification will still be considered for award.

2. Service provider shall be responsible for onsite document prep and imaging, with the exception of bound newspapers.

3. Service provider shall have verifiable experience and have a record of a minimum of projects similar to Berrien County Clerk of Courts’ in size and scope within the last 5 years is preferable or similar projects regardless of size for clerks of court in other counties in Georgia.

4. NOTE REGARDING QUANTITIES:

The quantities shown for the items with unit pricing are subject to either increase or decrease, and should the quantities of any of the items of work be increased, the Bidder proposes to do the additional work at the unit prices stated herein; and should the quantities be decreased, the Bidder also understands that payment will be made on the basis of actual quantities at the unit price bid and will make no claim for anticipated profits for any decrease in quantities; and that actual quantities will be determined upon completion of work.. The Clerk of Court does not guarantee any minimum amount of scanning work to be performed during any given time period for the duration of this contract.

Failure to return this page as part of your bid document may result in your bid being deemed non-responsive.

RFB# 24-040-01

BID SCHEDULE

NOTE REGARDING BASE BID AMOUNT: In the event of computational errors the unit of measure prevails.

ITEM

DESCRIPTION UNIT OF

MEASURE

ESTIMATED

TOTAL QUANTITY

FOR YEAR #1

UNIT

COST

TOTAL COST

Digital Scanning and Indexing

1.

On-Site Digital Scanning Location:

Berrien County Clerk of Superior Courts office

201 North Davis St

Nashville, GA 31639

2. Document Preparation

(Standard Preparation & Document Sequencing)

Per Image

92,006 (+/-)

3.

Document Scanning (Scanning of 11 x 14 or smaller documents in color, regardless of simplex or duplex)

Per Image 92,006 (+/-) $

4.

Document Indexing (Indexing of Book/volume/Page, or other requested field) to include export of images in required image/index format

Per Image 92,006 (+/-) $

5. Quality Assurance – Image to Paper Verification (see section II, article C, number 3) Per Image 92,006 (+/-) $ $

BID TOTAL $

NOTE: Estimated quantities are not guaranteed.

SERVICE PROVIDER NAME______________________________________________

Failure to return this page as part of your bid document may result in your bid being deemed non-responsive.

BID SCHEDULE CONTINUED

Berrien County requires pricing to remain firm for the duration of the term of the contract. Failure to hold firm pricing for the term of the contract will be sufficient cause for Berrien County to declare bid non-responsive. Contract to begin upon award.

Termination for Cause: The County may terminate this agreement for cause upon ten days prior written notice to the contractor of the contractor’s default in the performance of any term of this agreement. Such termination shall be without prejudice to any of the County’s rights or remedies by law.

Termination for Convenience: The County may terminate this agreement for its convenience at any time upon 30 days written notice to the contractor. In the event of the County’s termination of this agreement for convenience, the contractor 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 contractor, which shall itemize each element of performance.

Certification Of Non-Collusion In Bid Preparation Signature Date

The undersigned acknowledges receipt of the following addenda, listed by number and date appearing on each:

Addendum No. Date Addendum No. Date

Failure to return this page as part of your bid document may result in your bid being deemed non-responsive.

BID SCHEDULE CONTINUED

In compliance with the attached specifications, the undersigned acknowledges all requirements outlined in the "Instructions to Bidders" and all documents referred to therein, if this bid is accepted by the Board of Commissioners within ninety (90) days of the date of proposal opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the bid schedule. By submission of this bid, I understand that Berrien County uses Paper Checks for remittance of goods and services.

Legal Business Name

Federal Tax ID

Address

Does your company currently have a location within Berrien County? Yes No

Representative Signature Printed Name

Telephone Number Fax Number E-mail address

Contact Person (if someone other than the authorized representative listed above)

Telephone Number Fax Number E-mail address

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FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION OF BID.

REFERENCES

Berrien County requests a minimum of three (3) references where work of a similar size and scope has been completed.

Note: References should be customized for each project, rather than submitting the same set of references for every project bid. The references listed should be of similar size and scope of the project being bid on.

Do not submit a project list in lieu of this form.

1. Company Name

Brief Description of Project

Completion Date

Contract Amount $ Start Dates

Contact Person Telephone

E-Mail Address

2. Company Name

Completion Date

Contract Amount $ Start Date

3. Company Name

Completion Date

Contract Amount $ Start Date

Company Name

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BERRIEN COUNTY, GEORGIA

LIST OF SUBCONTRACTORS

I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors:

NAME AND ADDRESS TYPE OF WORK

Company Name

BL058-21 12

RFB# 24-040-01 Provision of Scanning and Indexing Historical Court Documents

CONTRACTOR AFFIDAVIT AND AGREEMENT

(THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH YOUR SUBMITTAL)

By executing this affidavit, the undersigned contractor verifies its compliance with The Illegal Immigration Reform Enhancements for 2013, stating affirmatively that the individual, firm, or corporation which is contracting with the Berrien County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security] to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act, in accordance with the applicability provisions and deadlines established therein.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services or the performance of labor pursuant to this contract with the Berrien County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with the Illegal Immigration Reform and Enforcement Act on the Subcontractor Affidavit provided in Rule 300-10-01- .08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Berrien County Board of Commissioners at the time the subcontractor(s) is retained to perform such service.

E-Verify * User Identification Number Date Registered

Legal Company Name

Street Address

City/State/Zip Code

BY: Authorized Officer or Agent Date

(Contractor Signature)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

DAY OF , 20

Notary Public My Commission Expires:

* As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is “E-Verify” operated by the U.S.

Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA).

For Berrien County Use Only:

Document ID #

Issue Date:

Initials:

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STANDARD INSURANCE REQUIREMENTS

(For projects less than $1,000,000)

1. Statutory Workers' Compensation Insurance

(a) Employers Liability:

Bodily Injury by Accident - $100,000 each accident Bodily Injury by Disease - $500,000 policy limit Bodily Injury by Disease - $100,000 each employee

2. Commercial General Liability Insurance

(a) $500,000 limit of liability per occurrence for bodily injury and property damage

(b) The following additional coverage must apply:

1986 (or later) ISO Commercial General Liability Form Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04) Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations or a separate endorsement covering Completed Operations) Blanket Contractual Liability Broad Form Property Damage Severability of Interest Underground, explosion, and collapse coverage Personal Injury (deleting both contractual and employee exclusions) Incidental Medical Malpractice Hostile Fire Pollution Wording

3. Auto Liability Insurance

(a) $500,000 limit of liability per occurrence for bodily injury and property damage

(b) Comprehensive form covering all owned, non-owned, leased, hired, and borrowed vehicles

(c) Additional Insured Endorsement

(d) Contractual Liability

4. Umbrella Liability Insurance - $1,000,000 limit of liability

(a) The following additional coverage must apply Additional Insured Endorsement Concurrency of Effective Dates with Primary Blanket Contractual Liability Drop Down Feature Care, Custody, and Control - Follow Form Primary Aggregates: Apply Where Applicable in Primary Umbrella Policy must be as broad as the primary policy

5. Cyber Liability Insurance

(a) $1,000,000 Limit for Network Security or Privacy Liability

(b) $1,000,000 Limit for Data Recovery

6. Berrien County Board of Commissioners (and any applicable Authority) should be shown as an additional insured on General Liability, Auto Liability and Umbrella Liability policies.

7. The cancellation should provide 10 days notice for nonpayment and 30 days notice of cancellation.

8. Certificate Holder should read:

Berrien County Board of Commissioners 201 N. Davis Street, Room 198 Nashville, GA 31639

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9. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-5 or higher. Certain Workers' Comp funds may be acceptable by the approval of the Insurance Unit.

European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A-5 or better.

10. Insurance Company should be licensed to do business by the Georgia Department of Insurance.

11. Certificates of Insurance, and any subsequent renewals, must reference specific bid/contract by project name and project/bid number.

12. The Service provider shall agree to provide complete certified copies of current insurance policy (ies) or a certified letter from the insurance company (ies) if requested by the County to verify the compliance with these insurance requirements.

13 All insurance coverages required to be provided by the Service provider will be primary over any insurance program carried by the County.

14. Service provider shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each provider in any tier, and shall require each and every Subcontractor of any tier to comply with all such requirements. Service provider agrees that if for any reason Subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and maintained by service provider at service provider's expense.

15. No service provider or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to Berrien County as to form and content has been filed with Berrien County. The Acord Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute.

16. The service provider shall agree to waive all rights of subrogation against the County, the Board of

Commissioners, its officers, officials, employees, and volunteers from losses arising from work performed by the service provider for the County.

17. Special Form Contractors’ Equipment and Contents Insurance covering owned, used, and leased equipment, tools, supplies, and contents required to perform the services called for in the Contract.

The coverage must be on a replacement cost basis. The County will be included as a Loss Payee in this coverage for County owned equipment, tools, supplies, and contents.

18. The service provider shall make available to the County, through its records or records of their insurer, information regarding a specific claim related to any County project. Any loss run information available from the service provider or their insurer relating to a County project will be made available to the County upon their request.

19. Compliance by the service provider and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the service provider and all Subcontractors of their liability provisions of the Contract.

20. The Service provider and all Subcontractors are to comply with the Occupational Safety and Health

Act of 1970, Public Law 91-956, and any other laws that may apply to this Contract.

21. The Service provider shall at a minimum apply risk management practices accepted by the service providers’ industry.

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***ATTENTION***

FAILURE TO RETURN THE FOLLOWING DOCUMENTS MAY RESULT IN BID BEING DEEMED NON-

RESPONSIVE AND AUTOMATIC REJECTION:

1. FAILURE TO USE COUNTY BID SCHEDULE.

2. FAILURE TO RETURN APPLICABLE COMPLIANCE SHEETS/SPECIFICATION SHEETS.

3. FAILURE TO RETURN APPLICABLE ADDENDA.

4. FAILURE TO PROVIDE INFORMATION ON ALTERNATES OR EQUIVALENTS.

5. THE COUNTY SHALL BE THE SOLE DETERMINANT OF TECHNICALITY VS. NON-

RESPONSIVE BID.

6. FAILURE TO PROVIDE BID BOND, WHEN REQUIRED, WILL RESULT IN BID BEING DEEMED

NON-RESPONSIVE AND AUTOMATIC REJECTION. BID BONDS ARE NOT REQUIRED ON

ALL BIDS. BOND REQUIREMENTS ARE CLEARLY STATED ON THE INVITATION TO BID. IF

YOU NEED CLARIFICATION, CONTACT THE PURCHASING ASSOCIATE. IF BONDS ARE

REQUIRED, FORMS WILL BE PROVIDED IN THIS BID DOCUMENT.

7. FAILURE TO PROVIDE CONTRACTOR AFFIDAVIT AND AGREEMENT, WHEN REQUIRED,

MAY RESULT IN BID BEING DEEMED NON-RESPONSIVE AND AUTOMATIC REJECTION.

CONTRACTOR AFFIDAVIT AND AGREEMENT IS NOT REQUIRED ON ALL BIDS. IF YOU

NEED CLARIFICATION, CONTACT THE PURCHASING ASSOCIATE.

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BERRIEN COUNTY

DEPARTMENT OF FINANCIAL SERVICES – PURCHASING DIVISION

GENERAL INSTRUCTIONS FOR BIDDERS, TERMS AND CONDITIONS

I. PREPARATION OF BIDS

A. Each bidder shall examine the drawings, specifications, schedule and all instructions.

Failure to do so will be at the bidder’s risk, as the bidder will be held accountable for their bid response.

B. Each bidder shall furnish all information required by the bid form or document. Each bidder shall sign the bid and print or type his or her name on the schedule. The person signing the bid must initial erasures or other changes. An authorized agent of the company must sign bids.

C. With the exception of solicitations for the sale of real property, individuals, firms and businesses seeking an award of a Berrien County contract may not initiate or continue any verbal or written communications regarding a solicitation with any County officer, elected official, employee or other County representative other than the Purchasing Associate named in the solicitation between the date of the issuance of the solicitation and the date of the final contract award by the Board of Commissioners. The County Administrator will review violations. If determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business may be disqualified from consideration for award. Solicitations for the sale of real property may allow for verbal or written communications with the appropriate Berrien County representative.

D. Sample contracts (if pertinent) are attached. These do NOT have to be filled out with the bid/proposal submittal, but are contained for informational purposes only. If awarded, the successful bidder(s) will be required to complete them prior to contract execution.

E. Effective, July 1, 2013 and in accordance with the Georgia Illegal Immigration Reform

Enhancements for 2013, an original signed, notarized and fully completed Contractor Affidavit and Agreement should be included with your bid/proposal submittal, if the solicitation is for the physical performance of services for all labor or service contract(s) that exceed $2,499.99 (except for services performed by an individual who is licensed pursuant to Title 26, Title 43, or the State Bar of Georgia). Failure to provide the Contractor Affidavit and Agreement with your bid/proposal submittal may result in bid/proposal being deemed non-responsive and automatic rejection.

II. DELIVERY

A. Each bidder should state time of proposed delivery of goods or services.

B. Words such as “immediate,” “as soon as possible,” etc. shall not be used. The known earliest date or the minimum number of calendar days required after receipt of order (delivery A.R.O.) shall be stated (if calendar days are used, include Saturday, Sunday and holidays in the number).

III. EXPLANATION TO BIDDERS

Any explanation desired by a bidder regarding the meaning or interpretation of the invitation for bids, drawings, specifications, etc. must be requested by the question cutoff deadline stated in the solicitation in order for a reply to reach all bidders before the close of bid. Any information given to a prospective bidder concerning an invitation for bid will be furnished to all prospective bidders as an addendum to the invitation if such information is necessary or if the lack of such information would be prejudicial to uninformed bidders. The written bid documents supersede any verbal or written communications between parties. Receipt of addendum should be acknowledged in the

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bid. It is the bidder’s responsibility to ensure that they have all applicable addenda prior to bid submittal. This may be accomplished via contact with the assigned Procurement Agent prior to bid submittal.

IV. SUBMISSION OF BIDS

A. Bids shall be enclosed in sealed envelopes, addressed to the Berrien County Administrators Office with the name of the bidder, the date and hour of opening and the invitation to bid number on the face of the envelope. Telegraphic/faxed bids will not be considered. Any addenda should be enclosed in the sealed envelopes as well.

B. ADD/DEDUCT: Add or deduct amounts indicated on the outside of the envelope are allowed and will be applied to the lump sum amount. Amount shall be clearly stated and should be initialed by an authorized company representative.

C. Samples of items, when required, must be submitted within the time specified and, unless otherwise specified by the County, at no expense to the County. Unless otherwise specified, samples will be returned at the bidder’s request and expense if items are not destroyed by testing.

D. Items offered must meet required specifications and must be of a quality, which will adequately serve the use and purpose for which intended.

E. Full identification of each item bid upon, including brand name, model, catalog number, etc.

must be furnished to identify exactly what the bidder is offering. Manufacturer’s literature may be furnished.

F. The bidder must certify that items to be furnished are new and that the quality has not deteriorated so as to impair its usefulness.

G. Unsigned bids will not be considered except in cases where bid is enclosed with other documents, which have been signed. The County will determine this.

H. Berrien County is exempt from federal excise tax and Georgia sales tax with regard to goods and services purchased directly by Berrien County. Suppliers and contractors are responsible for federal excise tax and sales tax, including taxes for materials incorporated in county construction projects. Suppliers and contractors should contact the State of Georgia Sales Tax Division for additional information.

I. Information submitted by a bidder in the bidding process shall be subject to disclosure after the public opening in accordance with the Georgia Open Records Act.

V. WITHDRAWAL OF BID DUE TO ERRORS

The bidder shall give notice in writing of his claim of right to withdraw his bid without penalty due to an error within two (2) business days after the conclusion of the bid opening procedure. Bids may be withdrawn from consideration if the price was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and material used in the preparation of the bid sought to be withdrawn. The bidder’s original work papers shall be the sole acceptable evidence of error and mistake if he elects to withdraw his bid.

If a bid is withdrawn under the authority of this provision, the lowest remaining responsive bid shall be deemed to be low bid.

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No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

Supplier has up to forty-eight (48) hours to notify the Berrien County Administrators Office of an obvious clerical error made in calculation of bid in order to withdraw a bid after bid opening.

Withdrawal of bid for this reason must be done in writing within the forty-eight (48) hour period.

Suppliers who fail to request withdrawal of bid by the required forty-eight (48) hours shall automatically forfeit bid bond. Bid may not be withdrawn otherwise.

Bid withdrawal is not automatically granted and will be allowed solely at Berrien County’s discretion.

VI. TESTING AND INSPECTION

Since tests may require several days for completion, the County reserves the right to use a portion of any supplies before the results of the tests are determined. Cost of inspections and tests of any item, which fails to meet the specifications, shall be borne by the bidder.

VII. F.O.B. POINT

Unless otherwise stated in the invitation to bid and any resulting contract, or unless qualified by the bidder, items shall be shipped F.O.B. Destination. The seller shall retain title for the risk of transportation, including the filing for loss or damages. The invoice covering the items is not payable until items are delivered and the contract of carriage has been completed. Unless the F.O.B. clause states otherwise, the seller assumes transportation and related charges either by payment or allowance.

VIII. PATENT INDEMNITY

The contractor guarantees to hold the County, its agents, officers or employees harmless from liability of any nature or kind for use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used in the performance of the contract, for which the contractor is not the patentee, assignee or licensee.

IX. BID BONDS AND PAYMENT AND PERFORMANCE BONDS

(IF REQUIRED, FORMS WILL BE PROVIDED IN THIS DOCUMENT)

A five percent (5%) bid bond, a one hundred percent (100%) performance bond, and a one hundred percent (100%) payment bond must be furnished to Berrien County for any bid as required in bid package or document. Failure to submit a bid bond with the proper rating will result in the bid being deemed non-responsive. Bonding company must be authorized to do business in Georgia by the Georgia Insurance Commission, listed in the Department of the 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 as stated in the insurance requirement of the solicitation. The bid bond, payment bond, and performance bond must have the proper an A.M. Best rating as stated in the bid when required in the bid package or document.

X. DISCOUNTS

A. Time payment discounts will be considered in arriving at net prices and in award of bids.

Offers of discounts for payment within ten (10) days following the end of the month are preferred.

B. In connection with any discount offered, time will be computed from the date of delivery and acceptance at destination, or from the date correct invoice or voucher is received, whichever is the later date. Payment is deemed to be made for the purpose of earning the discount, on the date of the County check.

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XI. AWARD

A. Award will be made to the lowest responsive and responsible bidder. The quality of the articles to be supplied, their conformity with the specifications, their suitability to the requirements of the County, and the delivery terms will be taken into consideration in making the award. The County may make such investigations as it deems necessary to determine the ability of the bidder to perform, and the bidder shall furnish to the County all such information and data for this purpose as the County may request. The County reserves the right to reject any bid if the evidence submitted by, or investigation of such bidder fails to satisfy the County that such bidder is properly qualified to carry out the obligations of the contract.

B. The County reserves the right to reject or accept any or all bids and to waive technicalities, informalities and minor irregularities in bids received.

C. The County reserves the right to make an award as deemed in its best interest, which may include awarding a bid to a single bidder or multiple bidders; or to award the whole bid, only part of the bid, or none of the bid to single or multiple bidders, based on its sole discretion of its best interest.

XII. DELIVERY FAILURES

Failure of a contractor to deliver within the time specified or within reasonable time as interpreted by the County Administrator, or failure to make replacement of rejected articles/services when so requested, immediately or as directed by the County Administrator, shall constitute authority for the County Administrator to purchase in the open market articles/services of comparable grade to replace the articles/services rejected or not delivered. On all such purchases, the contractor shall reimburse the County within a reasonable time specified by the County Administrator for any expense incurred in excess of contract prices, or the County shall have the right to deduct such amount from monies owed the defaulting contractor. Alternatively, the County may penalize the contractor one percent (1%) per day for a period of up to ten (10) days for each day that delivery or replacement is late. 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 to be determined by the County Administrator.

XIII. COUNTY FURNISHED PROPERTY

No material, labor or facilities will be furnished by the County unless so provided in the invitation to bid.

XIV. REJECTION AND WITHDRAWAL OF BIDS

Failure to observe any of the instructions or conditions in this invitation to bid may constitute grounds for rejection of bid.

XV. CONTRACT

Each bid is received with the understanding that the acceptance in writing by the County of the offer to furnish any or all of the commodities or services described therein shall constitute a contract between the bidder and the County which shall bind the bidder on his part to furnish and deliver the articles quoted at the prices stated in accordance with the conditions of said accepted bid. The County, on its part, may order from such contractor, except for cause beyond reasonable control, and to pay for, at the agreed prices, all articles specified and delivered.

Upon receipt of a bid package containing a Berrien County “Sample Contract” as part of the requirements, it is understood that the bidder has reviewed the documents with the understanding that Berrien County requires that all agreements between the parties must be entered into via this document. If any exceptions are taken to any part, each must be stated in detail and submitted as part of the bid. If no exceptions are stated, it is assumed that the bidder fully agrees to the provisions contained in the “Sample Contract” in its entirety.

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Any Consultant as defined in O.C.G.A. §36-80-28 that is engaged to develop or draft specifications/requirements or serve in a consultative role during the procurement process for any County procurement method, , by entering into such an arrangement or executing a contract that the consultant a agrees to: (1) Avoid any appearance of impropriety and shall follow all policies and procedures of the County (2) disclose to the County, any material transaction or relationship pursuant to §36-80-28, considered a conflict of interest, any involvement in litigation or other dispute, relationship or financial interest not disclosed in the ethics affidavit, when ethics affidavit is required or such that may be discovered during the pending contract or arrangement; and (3) Acknowledge that any violation or threatened violation of the agreement may cause irreparable injury to the County, entitling the County, to seek injunctive relief in addition to all other legal remedies. This requirement does not apply to confidential economic development activities pursuant to §50-18-72 or to any development authority for the purpose of promoting the development of trade, commerce, industry, and employment opportunities or for other purposes and, without limiting the generality of the foregoing, shall specifically include all authorities created pursuant to Title 36 Chapter 62; However, per provisions of subparagraph (e)(1)(B)of Code Section 36-62-5 reporting of potential conflicts of interest by development authority board members is required.

When the contractor has performed in accordance with the provisions of this agreement, Berrien County shall pay to the contractor, within thirty (30) days of receipt of any department approved payment request and based upon work completed or service provided pursuant to the contract, the sum so requested, less the retainage stated in this agreement, if any. In the event that Berrien County fails to pay the contractor within sixty (60) days of receipt of a pay requested based upon work completed or service provided pursuant to the contract, the County shall pay the contractor interest at the rate of ½% per month or pro rata fraction thereof, beginning the sixty-first (61st) day following receipt of pay requests. The contractor’s acceptance of progress payments or final payment shall release all claims for interest on said payment.

XVI. NON-COLLUSION

Bidder declares that the bid is not made in connection with any other bidder submitting a bid for the same commodity or commodities, and that the bid is bona fide and is in all respects fair and without collusion or fraud. An affidavit of non-collusion shall be executed by each bidder.