RW Vegetation Control

REQUEST FOR BIDS

R/W Vegetation Control

Issuing Agency White County Board of Commissioners

Road Department

675 Truelove Rd.

Cleveland, GA 30528

Phone: (706) 865-2510

Issue Date Thursday, August 03, 2023

Public Works Director Derick Canupp

Bid Closing Time for RFI’s Monday, August 14, 2023 12:00 PM EST

BID Opening Date Friday, August 18, 2023

BID Opening Time 10:00 AM EST

White Co. Project No: R/W Vegetation Control 2024 (311)

REQUEST FOR BIDS

The White County Board of Commissioners is requesting bids from qualified contractors licensed by the Georgia Department of Agriculture to provide herbicide spraying services on various roads throughout White County. The estimated quantity for grass suppression is 32 centerline miles of paved roads.

Bids will be received by the White County Board of Commissioners, 1235 Helen Hwy., Cleveland, Georgia 30528 until 10:00 AM local time on Friday, August 18, 2023. Late bids will not be considered or returned. Bids will be formally accepted at the White County Board of

Commissioners Office by administrative staff, Monday through Friday, from 8:00am until

5:00pm, until the time of bid opening. No faxed or electronic bids will be accepted. Each bidder must subit their bid in a sealed envelope or box, and marked with the bidder’s name and address labeled: R/W Vegetation Control 2024 (311) and addressed to:

White County Board of Commissioners

Finance Department

1235 Helen Hwy.

The bid documents, specifications and contract are available for inspection at the White County

Board of Commissioners Office, 1235 Helen Hwy., Cleveland, GA 30528; phone 706-865-2235 or fax 706-865-1324. Copies of the bid document can be obtained from White County Board of

Commissioners by contacting the Finance Director, 706-865-2235 or from White County Road

Dept. The bid document(s), RFI responses, and any addenda which may become necessary, may be downloaded from the White County website: www.whitecounty.net under the tab for “Bid

Opportunities”.

Bids may not be withdrawn for ninety (90) days after the time and date set for closing, except as allowed by OCGA. White County reserves the right to reject any and all bids and to waive any technicalities.

http://www.whitecounty.net/

1.0 INTRODUCTION

1.1 PURPOSE OF PROCUREMENT

The White County Board of Commissioners is requesting bids from qualified contractors to perform herbicide spraying services on 32 miles of county paved roads.

1.2 Bid Certification

Pursuant to the provisions of the Official Code of Georgia Annotated 50-5-67(a), White

County certifies that the use of competitive sealed bidding will be practical or advantageous to the County in completing the acquisition described in this document.

The Owner shall have the right to waive any informality, irregularity, or insufficiency in the bid procedure and in any bid or bids received and to accept the bid, which in the

Owner’s sole judgment, is in the Owner’s best interests.

1.3 SCHEDULE OF EVENTS

This Request for Bids shall be governed by the following schedule:

DATE ACTIVITY

August 03, 2023 Release of RFB

August 14, 2023, 12:00 pm Deadline for written questions to be submitted to the

Public Works Director

August 15, 2023, 12:00 pm Answers to written questions posted to website:

www.whitecounty.net

August 18, 2023, 10:00 am Bid opening at White Co. Board of Commissioners

Office., 1235 Helen Hwy., Cleveland, GA 30528

TBD in September 2023 WCBOC meeting – award bid

1.4 RESTRICTIONS ON COMMUNICATIONS

From the issue date of this RFB until a contractor is selected and the award is announced, Contractors are not allowed to communicate for any reason with any County staff or elected officials except: 1) through the Public Works Director and Finance Director, or 2) at pre-construction meetings, or 3) as provided by existing work agreement(s). The

County reserves the right to reject the submittal of any bidder violating this provision.

1.5 PRE-BID MEETING

No pre-bid meeting is scheduled

1.6 QUESTIONS & ADDENDA

All questions concerning this RFB must be submitted in writing, (email is preferred) to the Public Works Director no later than 12:00 pm on August 14, 2023, local time.

The Inquiries must be directed to:

Derick Canupp, Public Works Director

White County Board of Commissioners

675 Truelove Rd.

dcanupp@whitecounty.net

No response to inquiries other than written will be binding upon the County. White

County reserves the right to issue written addenda to any inquiries that alter the scope of the Request for Bids. Addenda, questions, and responses shall be posted to the county website, www.whitecounty.net, no later than August 15, 2023 at 12:00 PM. A signed copy of any addenda shall accompany submitted Bids. Bidders are advised to check the website for addenda before submitting their Bids. Bids missing any signed addenda may be considered incomplete.

1.7 DEFINITION OF TERMS

BOC - White County Board of Commissioners

OCGA - Official Code of Georgia Annotated (State Statute)

Bidder - Respondent to this Request for Bids

Contractor - The successful respondent to this Request for Bids, after being placed under contract with the County.

RFB - Request for Bids

Contract Documents – The Contract Documents are defined as all Drawings, Specifications, Bulletins, Agreement Forms and Addenda issued through the completion of the project including, but not limited to:

Appendix A: Bid Certification & W9

Appendix B: Proof of Workers’ Comp and Liability Insurance

Appendix C-1 & C-2: E-Verify Forms

Appendix D: Bid Pricing

Appendix E: GDOT 2021 Standard Specification (may be viewed on-line

@www.dot.ga.gov)

Appendix F: Drug-Free Workplace Affidavit

Appendix G: Drawings / Maps

Appendix H: Contract

1.8 CONTRACT TERM

The contract between the County and the Contractor shall become effective upon signing and shall remain in force until completion of the project, or until notice of termination in writing is given by the other party as provided herein. The contract may be renewed for up to two consecutive years, providing County and Contractor mutually agree on scope and prices. White County reserves the right to terminate contract at any time if successful bidder fails to meet requirements stated in this RFB.

The contract shall terminate absolutely and without further obligation at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the County under this contract. If, at any time, the County determines it is in its best interest to discontinue use of these services the County reserves the right to cancel this Agreement by giving thirty (30) days advance written notice.

White County reserves the right to terminate contract, with 30 days’ written notice, for any violations in the terms of this agreement, rules, laws or unreconciled issues arising as a result of this agreement.

1.9 BONDS

Bid Bonds N/A

Performance Bonds N/A

Payment Bonds N/A

1.10 Exception to RFB

Each BID shall be deemed to agree to comply with all terms, conditions, specifications, and requirements of this RFB. An “exception” is defined as the Bidder’s inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the RFB. All exceptions taken must be identified and explained in writing in your bid and must specifically reference the relevant section(s) of this RFB. If the bidder provides an alternate solution when taking an exception to the requirement, the benefits of this alternative solution and impact, if any, on any part of the remainder of the bidder’s solution, must be explained in detail.

The County welcomes innovative suggestions and recommendations from Contractors that will ensure a 100% successful service approach.

2.0 SCOPE OF WORK

The term "Work" means the construction and services required by the Contract

Documents, and includes all other labor, materials, equipment and services provided by the Contractor to fulfill the Contractor's obligations to complete annual grass suppression on 32 centerline miles of paved roads.

2.1 General Specifications

a) White County is requesting bids from contractors licensed by the Georgia Department of

Agriculture to provide herbicide spraying services on various roads throughout White

County. The estimated quantity for grass suppression is 32 centerline miles of paved roads. The spray width for paved roads will vary from 10-15 feet from the edge of pavement. The contractor will be required to verify actual coverage areas prior to beginning work. Herbicides and surfactant should be combined and applied simultaneously as recommended by the manufacturer. Price is to include all costs incurred.

b) The intent of the suppression applications is to suppress seed head growth of grasses and eliminate undesirable weeds. A total kill is not acceptable. It is the desire of the County for this to be a no brownout program.

c) Contractor will provide up to two (2) herbicide treatments per year. One Pre-emergent application and one post emergent application.

a. Cycle No. 1 (Pre-emergent Application)

b. Timing: November

c. Pre-emergent Application Rates:

i. Accord XRT, or equivalent: 10 oz. per acre

ii. Milestone VM, or equivalent: 3.5 oz. per acre

iii. Oust, or equivalent: 1.5 oz. per acre

d) Cycle No. 2 (Post-emergent Application)

a. Timing: June

b. Post-emergent Application Rates:

i. Plateau, or equivalent: 5 oz. per acre

ii. Milestone VM, or equivalent: 1.3 oz. per acre

iii. Spot Application where directed: Outrider, or equivalent: 1.3 oz. per acre with Accord XRT, or equivalent at 8 oz. per acre.

e) Contractor will ensure the handling and application of each herbicide is performed by a current Georgia Department of Agriculture Application licenses, categories 26 (Aquatic

Pest Control) and 27 (Right of Way Pest Control). Contractor must provide current copies of licenses for all employees who will work under the terms of this contract with bid proposal. A supervisor will always be required to be present when spraying is conducted.

Contractor will provide the name and telephone numbers of all supervisors prior to starting work.

f) Contractor will ensure that weather conditions are consistent for herbicide application as spraying during or immediately after a heavy rain fall or thunderstorm may weaken the overall effectiveness of the herbicide and cause unwanted runoff. If wind is greater than

10 MPH and/or rain is imminent, spraying must cease until weather conditions are more favorable.

g) Contractor will not allow drift. Do not use application when winds in the area exceed manufacturer’s recommendation and the spray pattern cannot be kept on target. The spraying of residential or commercial property is prohibited. Contractor will be responsible for damage to private property, or County excluded property, if herbicide spray should damage such areas.

h) Before applying the herbicides and adjuvants to be used, Contractor shall read and adhere to manufacturers labels for additional information including: Safety Recommendations, Environmental Hazards, PPE, Equipment Calibration, First Aid, and Directions for Safe

Use. Contractor will verify areas that do not require spraying such as areas of Right of

Way that are commonly maintained by private property owners.

i) Contractor must maintain a daily log sheet of acres sprayed, herbicide rates, roads sprayed, and water usage. All information must be submitted to the County with the invoice at completion.

j) Contractor will provide their own traffic control and strictly adhere to the Manual on

Uniform Traffic Control Devices (MUTCD), current edition. Special attention should be given to Section 6H-17. No separate payment will be made for traffic control as it is incidental to the work.

k) Contractor will be responsible for any accidental chemical spill and will maintain a spill plan and the truck will have a spill plan clean up kit on board. In the event of a spill the contractor will notify all appropriate environmental agencies and will be responsible for all cost and clean up associated with the spill.

l) Equipment will be washed and cleaned daily to avoid contamination of weeds and seeds and other vegetation in other routes. Cleaning of equipment on right of way is prohibited.

m) Night work is not permitted.

n) Contractor will follow all OSHA and Federal Highway Administration Safety

Regulations.

o) Contractor will comply with EPA and Georgia Department of Agriculture regulations.

p) Contractor will be responsible for chemical handling, storage, and disposal.

q) The project final completion date will be 365 consecutive calendar days from the Notice to

Proceed date.

r) Expertise of Contractor: Contractor accepts the relationship of trust and confidence established between it and the County, recognizing that the County’s intention and purpose in entering into this agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgement to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Contractor under this agreement. The Contractor agrees to use its best efforts, skill, judgement, and abilities to perform its obligations and to further the interests of the County and the Project in accordance with the County’s requirements and procedures, and the Contractor shall employ only persons duly qualified in the appropriate areas of expertise to perform the

Work described in this agreement.

Summary of Quantities

Road No. Road Name Begin End Gross Linear Miles (GLM)

117 Asbury Mill Rd. SR 115 SR 115 4.25

62 Kinsey Town Rd. SR 384 SR 115 2.60

9 New Bridge Rd. SR 384 Skitts Mtn. Rd. 4.96

251 Old Hwy. 75 S. SR 254 Grand View Dr. 5.22

205 Ray Palmer Rd. SR 254 Skitts Mtn. Rd. 1.23

145 Town Creek Church Rd. Town Creek Rd. Lumpkin County Line 0.6

10 Skitts Mtn. Rd. SR 254 Hall County Line 3.04

162 Thomas Rd. SR 115 Asbury Mill Rd. 2.40

201 Post Rd. Lothridge Rd. Old Hwy. 75 S. 4.65

398 Lothridge Rd. Post Rd. SR 115 3.00

TOTAL

31.95

3.0 MANDATORY REQUIREMENTS

This section identifies all mandatory requirements which must be present in the bid before further consideration will be given.

3.1 BID REQUIREMENTS

a. Completed Bid Pricing that addresses all elements of the Scope of Work referenced in Section 2 of this RFB (Appendix D). Bid Bond must be included.

b. Evidence of Insurance – Worker’s Compensation and Liability (Appendix B)

c. Bidder’s Certification & W9 (Appendix A)

d. Drug-Free Workplace (Appendix F)

e. E-Verify Form (Appendix C-1 & C-2) for Contractor AND any Sub-Contractors

f. Signed Addendum (if any)

g. Contract

3.2 BID PRICING

The bid pricing is to provide White County on how your company charges for the materials and services needed. Pricing should include normal fees associated with the performance of the service specified, including materials, supervision, labor, transportation, delivery, and related costs in accordance with the current version of

GDOT Standard Specifications and Georgia Department of Agriculture. Quantities in the bid sheet tabulation are based on estimates. Contractors will be paid by per unit prices bid on actual quantities in place whether those quantities are more or less than the cost estimate. Any quantities that will exceed the cost estimate MUST BE APPROVED

PRIOR TO PERFORMING WORK by the Public Works Director.

The bid pricing must be signed by an authorized individual/officer of the firm along with company name and address and printed name of authorized individual/officer.

4.0 QUALIFICATIONS INFORMATION

All Bidders must have sufficient experience for the given scope of work and with the current edition of the GDOT Standard Specifications. All bidders must have appropriate equipment available for performing the work set up in this contract and experienced operators/personnel.

5.0 SUBMISSION OF BIDS

5.1 Submission of Bids

Bids will be received by the White County Finance Director until 10: 00 AM on Friday, August 18, 2023. Two Originals must be mailed, hand-delivered, or express mailed to:

WHITE COUNTY FINANCE DIRECTOR

WHITE COUNTY BOARD OF COMMISSIONERS

1235 HELEN HWY.

CLEVELAND, GA 30528

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

5.2 Rejection of Bids/Cancellation of RFB

White County reserves the right to reject any or all submissions, to waive any irregularity or informality in a submission, and to accept or reject any item or combination of items, when to do so would be to the advantage of the County. It is also within the right of the

County to reject submissions that do not contain all elements and information requested in this document. The County reserves the right to cancel this RFB at any time. The

County will not be liable for any cost/losses incurred by the Contractors throughout this process. Please be sure to submit Two (2) complete originals with all pages in this

Bid/Contract Document.

6.0 TERMS AND CONDITIONS

6.1 RFB AMENDMENTS

The County reserves the right to amend this RFB prior to the bid due date. All addenda and additional information will be posted to the County website at: www.whitecounty.net , prior to 12:00 PM on August 15, 2023. It is the Proposer’s responsibility to check the website for addenda before submitting a bid. All signed addenda shall be included in the

Bid Qualifications and must be submitted with the bid.

6.2 Agreement and Project Forms

The Agreement form shall be the Owner’s agreement form. The Owner’s payment, waiver of lien and change order form(s) shall be used.

6.3 Bid Withdrawal

A submitted bid may be withdrawn prior to the due date by a signed written request to the

Public Works Director.

6.4 Cost for Preparing Bid

The cost for developing the bid is the sole responsibility of the Bidder. The County will not provide reimbursement for such costs.

6.5 Conflict of Interest

If a Proposer has any existing client relationship that involves White County, the Proposer must disclose each relationship.

6.6 Contractor Selection

Per OCGA 32-4-68 and 32-4-118, White County reserves the right to reject any and all bids, re-advertise the project, perform work in house, or abandon the project altogether.

If the bid is awarded it will be to the lowest cost responsible bidder.

6.7 Negotiations with Apparent low bidder

Prior to award, the apparent winning bidder will be required to enter into discussions with the County to resolve any contractual differences. These discussions are to be finalized within one (1) week of notification unless extending the time period is advantageous to the County. Failure to resolve differences will lead to rejection of the Contractor's bid.

http://www.whitecounty.net/

The County reserves the right to negotiate modifications and costs with the successful bidder as long as the modifications/costs are not in conflict with the current edition of the

GDOT Standards and Specifications.

The Contractor shall commence work only after the transmittal of a fully executed contract and Notice to Proceed from the County.

6.8 Taxes

White County is exempt from taxes; however, the Contractor shall pay all taxes required of him by law. White County cannot exempt others from tax.

6.9 Compliance with Laws

The Contractor will comply with all State and Federal laws, rules, and regulations.

6.10 Cancellation for Cause

If either party shall refuse, fail, or be unable to perform or observe any of the terms or conditions of the contract for any reason, then the party claiming such failure shall give the other party a written notice of such breach. If, within thirty (30) days from such notice, the failure has not been corrected, the injured party may cancel the contract effective thirty (30) days after notice of cancellation.

White County reserves the right to terminate the contract immediately in the event that the Contractor discontinues or abandons operations; is adjudged bankrupt, or is reorganized under any bankruptcy law; or fails to keep in force any required insurance policies or bonds.

Failure of the successful contractor to comply with any section or part of the contract will be considered grounds for immediate termination of the contract by the County without penalty to White County. White County shall pay for services rendered up to the point of termination.

Notwithstanding anything to the contrary contained in the contract between the County and the successful contractor, the County may, without prejudice to any other rights it may have, terminate the contract for convenience and without cause, by giving thirty (30) days written notice to the successful contractor.

If the termination clause is used by the County, the successful contractor will be paid by the County for all scheduled work completed satisfactorily by the successful contractor up to the termination date set forth in the written termination notice.

6.11 Condition of Materials

It is understood and agreed that materials delivered shall be new, of latest design, and in first quality condition.

6.12 Rejection of Submissions/Cancellation of Request for Bids

White County reserves the right to reject any or all bids, to waive any irregularity or informality in a bid, and to accept or reject any item or combination of items, when to do so would be to the advantage of White County. It is also within the rights of White

County to reject bids that do not contain all elements and information requested in this document. White County reserves the right to cancel this Request for Bid at any time.

White County will not be liable for any cost/losses incurred by the Contractors throughout this process.

6.13 Non-discrimination

White County does not discriminate on the basis of race, religion, color, sex, national origin, age, or disability.

6.14 Payment

Payment terms and invoicing requirements shall be as defined by the Agreement form.

See Section 6.2 of this RFB for more information on the Agreement form.

6.15 Insurance

The Contractor shall be responsible for his work and every part thereof, and for all materials, tools, equipment, appliances, and properties of any and all description used in connection with this project.

The Contractor assumes all risks of direct and indirect damage or injury to the property of persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the Contract, or in connection in any way whatsoever with the contracted work.

The Contractor shall, during the continuance of all work under the Contract, provide the coverage as listed in Appendix B and in Appendix H, White County’s Contract, Sect.

3.15.

6.16 Project Coordination

The Contractor shall employ and assign only qualified and competent personnel to perform any service or task involved in this project. The Contractor shall designate one such person as a Project Manager, and the Project Manager shall be deemed to be the

Contractor’s authorized representative, who shall be authorized to receive and accept any and all communications from the County. The County shall name a Project Manager who shall be authorized to generate, receive and accept communication as an authorized representative of the County.

The Contractor hereby agrees to replace any personnel or sub-contractor, at no cost or penalty to the County, if the County reasonably determines that the performance of any sub-contractor or personnel is unsatisfactory.

6.17 Accuracy of Work

The Contractor shall be responsible for the accuracy of the work performed and shall promptly correct its errors and omissions without additional compensation. Acceptance of the work by the County will not relieve the Contractor of the responsibility for subsequent correction of errors, the clarification of any ambiguities, or the costs associated with any additional work caused by negligent acts, errors, or omissions by the

Contractor or latent defects in the products sold by the Contractor.

At any time during the execution of this project or during any phase of work performed by others based on data secured by the Contractor under this Agreement, the Contractor shall confer with the County for the purpose of interpreting the information supplied by the Contractor and to correct any errors or omissions. The above consultations, clarifications, and/or corrections shall be made without added compensation to the

Contractor. The Contractor shall give immediate attention to these changes so there will be minimum delay to others. The Contractor shall be responsible for errors and omissions and save harmless the County and its agents as provided in this Agreement.

6.18 Ownership

Reports, plans, data, statistics, specifications, and other supporting records compiled or prepared in the performance of the Services required by this Contract, shall be the absolute property of the County and shall not be used by the Contractor for purposes unrelated to this Contract without the prior written approval of the County. Such original documents shall be turned over to the County upon completion of the contract except that

Contractor shall have the right to retain copies of the same.

6.19 News Releases by Contractor

As a matter of policy, the County does not endorse the products or services of a

Contractor. News releases concerning any resultant contract from this solicitation shall not be made by a Contractor without the prior written approval of the County. All proposed news releases shall be routed to the White County Public Works Director for review and approval.

6.20 Severability/Cancellation

It is understood and agreed by the parties hereto that if any part, term, or provision of this

Contract is held illegal or in conflict with any law of the State where made or having jurisdiction over any of the parties hereto, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular part, term, or provisions held to be invalid.

The COUNTY and the Contractor agree to resolve through negotiation or mediation prior to filing any cause of action. The venue for any litigation arising from this contract shall be White County, Georgia.

The County reserves the right to cancel the contract and discontinue the services with a thirty (30) day written notice as a result of the failure of the Contractor to provide acceptable work and services as delineated in the response to this document or if determined that services can be better provided by in-house or other sources.

6.21 Drug Free Workplace – Appendix F

By submission of a Bid, the Contractor certifies that the provisions of Code Sections 50-

24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug-free Workplace Act", have been complied with in full. The Contractor further certifies that:

1. A drug-free workplace will be provided for the Contractor's employees during performance of the contract; and

2. Each Contractor who hires a sub-Contractor to work in a drug-free work place shall secure from that sub-Contractor the following written certification:

A. As part of the subcontracting agreement with (Contractor's name), “(Sub Contractor's name) certifies to the Contractor that a drug-free workplace will be provided for the sub

Contractor's employees during the performance of this Contract pursuant to Paragraph (7) of Sub-section (b) of Code Section 50-24-3".

B. “The Contractor further certifies that he will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract.”

6.22 Assignment of Contractual Rights

It is agreed that the Contractor will not assign, transfer, convey, or otherwise dispose of a contract that may result from this bid or his right, title, or interest in or to the same, or any part thereof, without written consent of the County.

6.23 Indemnity

To the fullest extent permitted by law, the Contractor will indemnify, defend, and hold

White County harmless from and against any and all claims, damages, losses, and expenses, including, but not limited to, fees and charges of attorneys and court and arbitration costs, arising out of or resulting from the negligent acts, negligent omissions, willful misconduct, or reckless misconduct of the Contractor or anyone for whom the

Contractor is responsible.

6.24 Appropriation of Funds

The initial contract and any continuation contract(s) shall terminate immediately and absolutely at any such time as there are no appropriated and otherwise unencumbered funds available to satisfy the County’s obligations under said contract(s).

6.25 Documents Deemed Part of Contract

All Contract Documents issued by the Owner and executed by both parties through the completion of the project shall be deemed part of the contract. No documentation or information provided by the proposer or contractor, as part of this bid or otherwise, shall be deemed part of the contract unless and until incorporated into the contract documents issued by the Owner.

6.26 Bid Bonds, Performance Bonds & Payment Bonds

N/A

6.27 RETAINAGE:

Retainage will not be withheld

APPENDIX A

BIDDER’S CERTIFICATION & W9

Be sure to attach W-9

DATE OF BID___________________

I certify that this Bid is submitted without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same goods/services and is in all respects fair and without collusion or fraud. I understand that collusive bidding is a violation of state and

Federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder.

BIDDER INFORMATION NAME AND MAILING ADDRESS

(TYPE OR PRINT) (WHERE TO SEND PAYMENT)

Name of Company Name of Company

Address Address

City, State, & Zip Code City, State, & Zip Code

Phone Number Phone Number

Fax # Email Address

______________________________________ OR _____________________________________________ Tax ID Number Social Security Number

Name & Title of Person Authorized to Sign

Name (Print) SIGNATURE

Title

APPENDIX B

Attach binders for proof of workers’ compensation and liability insurance.

STATE OF GEORGIA

WHITE COUNTY

SPECIAL PROVISION

LIABILITY INSURANCE

The limits of liability for the insurance required by the General Conditions shall not be less than the following amounts:

Workers Compensation

(1) State Statutory

(2) Applicable Federal (e.g. Longshoreman’s): Statutory

(3) Employer’s Liability $100,000

Comprehensive General Liability (including Contractual Liability, Premises – Operations; Independent contractor’s Protective; Products Liability – Completed Operations; Broad Form Property Damage:

1. General Aggregate (Except Products – Completed Operations) $2 Million

2. Products – Completed Operations Aggregate $1 Million

3. Personal and Advertising Injury (per Person/Organization) $1 Million

4. Each Occurrence (Bodily Injury) $1 Million

5. Each Occurrence (Property Damage) $1 Million

6. Excess or Umbrella Liability $2 Million

a. General Aggregate $2 Million

b. Each Occurrence $2 Million

NOTICE TO BIDDER: Certificates of Insurance shall be submitted with the Contractor’s Bid.

APPENDIX C-1

E-VERIFY CONTRACTOR AFFIDAVIT AND AGREEMENT

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A.

13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with

WHITE COUNTY, a public employer, 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 of

1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with WHITE

COUNTY, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. 13-10-91 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

WHITE COUNTY at the time the subcontractor(s) is retained to perform such service.

EEV / Basic Pilot Program* User Identification Number

By: Authorized Officer or Agent (Contract Name) Date:

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

Subscribed and Sworn before me

One the ______________ Day of ____________________, 2023.

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 the “EEV /

Basic Pilot Program” 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).

APPENDIX C-2

E-VERIFY SUBCONTRACTOR AFFIDAVIT

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-

10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with ______________________________________ (name of

Contractor) on behalf of WHITE COUNTY, a public employer, 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 of 1986

(IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A.

13-10-91.

EEV / Basic Pilot Program* User Identification Number

By: Authorized Officer or Agent (Contract Name) Date:

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 _____________________, 2023

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 the “EEV /

Basic Pilot Program” 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).

Bids not signed may be declared as “Non-Responsive” and not considered for award.

Appendix D

BID PRICING

White County Project No.: R/W Vegetation Control 2024 (311)

ITEM ROADWAY

UNITS

(Centerline

Miles)

QUANTITY

UNIT

PRICE

DOLLAR AMOUNT

1 Cycle 1 Pre-emergent Application Mile 32

2 Cycle 2 Post-emergent Application Mile 32

TOTAL BASE BID

Bid submitted by: ________________________________________________________

Company Name

NAME & TITLE OF PERSON AUTHORIZED TO SIGN

Name (Print) Signature

TITLE

APPENDIX E

GDOT 2021 STANDARD SPECIFICATION (MAY BE VIEWED ON-LINE

@WWW.DOT.GA.GOV)

APPENDIX F

DRUG-FREE WORKPLACE

I hereby certify that I am a principle and duly authorized representative of

_________________________whose address is___________________________________ and it is also that:

1. The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug-Free Workplace Act" have been complied with in full; and,

2. A drug-free workplace will be provided for the CONTRACTOR’S employees during the performance of the contract; and,

3. Each subcontractor hired by the CONTRACTOR shall be required to ensure that the subcontractor's employees are provided a drug-free workplace. The CONTRACTOR shall secure from that subcontractor the following written certification: "As part of the subcontracting agreement with

__________________________________________ certifies to the CONTRACTOR that a drug-free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph (7) of subsection (b) of the Official Code of Georgia

Annotated Section 50-24-3"; and,

4. It is certified that the undersigned will not engage in unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract.

Date Signature

APPENDIX H

CP340-084-010-011-274-160-061 (2023)

DATE CONTRACT EXECUTED: _________ DAY OF __________________, 2023.

CONTRACTOR

Name of Contractor

DESCRIPTION OF IMPROVEMENTS AND FACILITY

Patching, Leveling, and Paving on Albert Reid Rd., Skitts Mtn. Rd., Campground Rd., Adair

Mill Rd., Arthur Seabolt Rd. and Satterfield Rd.

AMOUNT OF CONTRACT

Accepted bid total

PROJECT MANAGER

THIS AGREEMENT, made and entered into on the Date Contract Executed, specified above, by and between the

White County Board of Commissioners, hereinafter referred to as the “Owner”, party of the first part; and the

Contractor named above, hereinafter called the “Contractor”, party of the second part;

WITNESSETH THAT:

WHEREAS, the Owner desires to construct or improve the Facility described and identified above, and the

Contractor desires to furnish and deliver material and to do and perform all the work and labor necessary to construct the Facility:

NOW, THEREFORE, THE PARTIES HERETO, in consideration of ONE DOLLAR ($1.00) in hand paid by the

Owner to the Contractor, set forth in the Contract Documents and in consideration of the premises and of the covenants of the other as hereinafter expressed and contained, do hereby agree each with the other as follows:

The Contractor promises and agrees to furnish and deliver all the material and to do and perform all the work and labor required to be furnished and delivered, done and performed in and about the improvement or construction of the Facility described above in strict and entire conformity with the provisions of the

Contract Documents as defined below.

The Contract Documents which comprise the entire agreement between the Owner and the Contractor concerning the Work consist of the following: The RFB document with associated Addenda, the Bid Pricing, the Notice of

Award, this Contract, the Letter of Credit or Performance and Payment Bonds, the Notice to Proceed, the General

Conditions, the Supplemental General Conditions, the Special Conditions, the Specifications, the Plans, and

Addenda which may be issued. The terms and conditions of said Contract Documents are incorporated herein by reference and made a part hereof as though fully set forth herein. The Contract Documents are complementary, so that a recital in one is tantamount to a recital in all, and the Contractor specifically acknowledges that he has read and understands all of said Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions.

1. If, at any time after the execution of this Agreement, the Letter of Credit or the Performance Bond and

Payment Bond, the Owner shall deem the Letter of Credit or the Performance Bond and Payment Bond to be unsatisfactory, or if for any such reason the Letter of Credit or the Performance Bond and Payment

Bond shall become inadequate to cover the performance of the Work, as defined below, the Contractor shall at his own expense, within five (5) days after receipt of notice from the Owner to do so, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this

Agreement until such new or additional security shall have been furnished in a manner and form satisfactory to the Owner.

2. The Owner agrees and promises to pay to the Contractor for said work, when completed in accordance with the provisions of this contract, the prices set forth in the proposal, amounting approximately to the Amount of Contract stated above, subject to adjustments, if any, with payments to be made as provided in said specifications and Contract Documents.

3. The contractor shall begin work required by the Contract Documents on the start date specified by the

Owner in the Notice to Proceed. The contract with all projects shall reach final completion within 365 calendar days following the Notice to Proceed.

4. This work shall be done in accordance with the laws of the State of Georgia under the direct supervision and to the entire satisfaction of the Owner. The decision of the Owner or their authorized representatives upon any questions connected with the execution and fulfillment of this agreement or any failure or delay in the prosecution of the work by the Contractor will be final and conclusive.

5. The Contractor agrees to warrant and correct any defective or faulty work or material that may appear within (1) one year after completion of the work and receipt of final payment.

6. The Contractor shall pay the Owner the sum of $150 per day for each and every calendar day of unexcused delay in achieving Final Completion of the Project beyond the date set forth in the Contract Documents.

Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at the time of executing this Contract. When the Owner reasonably believes that Substantial Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays.

7. If the Contractor fails to achieve Final Completion of the Project within ninety (365) days of the date of

Notice to Proceed, the Contractor shall pay the Owner the sum of $150.00 per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final

Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing the estimate of delay damages likely to be sustained by the

Owner, estimated at or before the time of executing this Contract. When the Owner reasonably believes that Final Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Final Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages.

8. The Contractor shall furnish separate performance and payment bonds to the Owner. Each bond shall set forth a penal sum in an amount not less than the Contract Price. Each bond furnished by the Contractor shall incorporate by reference the terms of this Contract as fully as though they were set forth verbatim in such bonds. In the event the Contract Price is adjusted by Change Order executed by the Contractor, the penal sum of both the performance bond and the payment bond shall be deemed increased by like amount.

The performance and payment bonds furnished by the Contractor shall be in form suitable to the Owner and shall be executed by a surety, or sureties, reasonably suitable to the Owner. In the discretion of Owner, Owner may accept a letter of credit under terms acceptable to Owner, instead of a performance and/or payment bond.

9. Contractor shall comply with the Equal Employment Opportunity federal and state laws, and shall not discriminate in the employment of any person based upon race, gender, color, creed or other protected classifications under federal and state law.

10. Contractor shall furnish performance and payment bonds, each in an amount equal to the contract price as security for the faithful performance and payment of all of Contractor’s obligations under the contract documents. These bonds shall remain in effect until the last day of the warranty period of one (1) year. All bonds shall be in a form approved by the County Attorney, and shall be executed by such sureties as are licensed and registered with the Georgia Secretary of State and the Georgia Insurance Commissioner. All bonds signed by an agent must be accompanied by a certified copy of the agent’s authority to act.

Contractor shall provide the payment and performance bonds to Owner prior to beginning any part of the scope of the work required of Contractor under the contract. In the discretion of Owner, Owner may accept a letter of credit under terms acceptable to Owner, instead of a performance and/or payment bond.

11. Contractor shall verify its compliance with O. C. G. A. § 13-10-91, by providing an affidavit by an agent authorized to bind Contractor and which affirmatively states that the individual, firm or corporation which is contracting with Owner has registered with and is participating in the 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 to verify information of newly hired employees]. Contractor will secure from each subcontractor that participates in the project, a similar verification of compliance and provide a copy of each such verification to Owner

IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three counterparts, each of which shall be deemed an original contract.*

PARTY OF THE FIRST PART Date:______________

OWNER: The White County Board of Commissioners

By:

Commission Chairman

Attest:

Clerk of Commission

SEAL

PARTY OF THE SECOND PART

CONTRACTOR: _________________________________________

Print Name of Contractor

By:

(Signature)*

(Printed name and title)

By: ________________________________________

(Signature)

(Printer name and title)

Attest:

SEAL

Approved as to form:

White County Attorney

*In the event that the contractor is a corporation, there shall be attached to each counterpart a Corporate Certificate.

Provide signature identical to that shown on the Corporate Certificate.

GENERAL CONDITIONS

ARTICLE 1

GENERAL PROVISIONS

1.1 The Contract Documents

The RFB, the Bid, the Notice of Award, the Contract, the Letter of Credit or Performance and Payment Bonds, the

Notice to Proceed, the General Conditions, the Special Conditions, the GDOT 2021 Specifications and contents of contract, the Plans, and any Addenda which may be issued constitute the Contract Documents. The Contract

Documents represent the entire and integrated agreement between the parties and supersede prior negotiations, representations or agreements, either written or oral. The Contract Documents may be amended or modified only by a written modification.

1.2 The Plans and Specifications

1.2.1 In case of conflict between requirements shown on the Plans and provisions of the Specifications, the

Specifications shall take precedence over the Plans. Dimensions, shown in figures on the Plans, shall govern in case of any discrepancy between them and scaled dimensions.

1.2.2 The Contractor shall not take advantage of any apparent error or omission which may be found in the Plans or the Specifications, and the Public Works Director shall be entitled to make such corrections therein and such interpretations thereof as he may deem necessary for the fulfillment of their intent.

1.2.3 The right is reserved for the Public Works Director to make, from time to time, such alterations in the Plans as he may consider necessary to complete the Project to his satisfaction and consistent with the general intention of the Contract Documents.

1.2.4 Drawings, Specifications, as builts, and any and all other Instruments of Service prepared by the Project

Manager and Design Consultant or Contractor, or both, for the Project shall become and remain the property of the

Owner and shall not be utilized by the Contractor on any other project without the written permission of Owner.

1.2.5 The Contractor shall have the continuing duty to read, carefully study and compare each of the Contract

Documents, the Shop Drawings and the Product Data and shall give written notice to the Project Manager of any inconsistency, ambiguity, error or omission which the Contractor may discover with respect to these documents before proceeding with the affected Work. The issuance, or the express or implied approval by the Owner or the

Public Works Director and Design Consultant of the Contract Documents, Shop Drawings or Product Data shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the

Contractor’s compliance with this Contract. The Owner has requested the Public Works Director and Design

Consultant to only prepare documents for the Project, including the Drawings and Specification for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. HOWEVER, THE OWNER

MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE

CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the Contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be reasonably complete, accurate, adequate, consistent, coordinated and sufficient for construction.

1.3 The Work

The term "Work" means the construction and services required by the Contract Documents, and includes all other labor, materials, equipment and services provided by the Contractor to fulfill the Contractor's obligations.

1.4 Intent

The intent of the Contract Documents is to…