Sewer Connections for Four Fire Stations Bid.pdf

Whitfield County Board of Commissioners

ITB# 2024-101

GENERAL INFORMATION FOR INVITATION TO BID

** PLEASE NOTE OUR NEW ADDRESS FOR BID SUBMITTALS AND OPENINGS**

This is an invitation to submit a bid or proposal to supply the Whitfield County Board of Commissioners (hereinafter referred to as the “County”) with equipment, supplies and/or services as indicated herein. Sealed Bids will be received by the County in the WHITFIELD COUNTY BOC Purchasing Department, 201 S. HAMILTON STREET, DALTON, GEORGIA 30720, until 11:00a.m. June 7, 2024. Bids shall be opened and read publicly at 11:00 a.m., June 7, 2024.

The work to be bid upon shall consist of furnishing all materials, labor and equipment for:

ITB# County 2024-101 – Sewer Connections for Four Fire Stations

Instructions for preparation and submission of a bid or proposal are contained in this Invitation for Bid package. Please note that specific forms for submission of a bid/proposal are required. Bids must be printed in ink. Bidder must show unit prices and extensions for each item, subtotal for each group, and total amount.

This project is funded in part by federal dollars through Georgia’s Improving Neighborhood Outcomes in Disproportionately Impacted Communities grant and thus compliance with applicable federal laws, rules, and regulations is required.

All work not otherwise specified under this contract shall be done in accordance with the standards adhered to by Dalton Utilities, and subsequent applicable Supplemental Specifications and Special Provisions included in and made a part of this bid document apply to this contract.

All proposals shall be accompanied by a Bid Bond in favor of the County, in the amount of five percent (5%) of the bid for the complete work; such Bid Bond representing that the Bidder, if awarded a contract, will promptly enter into a contract and furnish Performance Bond and Payment Bond as provided by law and approved by the attorney for the County. If required, the Performance Bond shall be equal to one hundred percent (100%) of the contract amount. If required, the Payment Bond shall be equal to one hundred ten percent (110%) of the contract amount. The bid bond shall be forfeited to the County, as described in Section 108 of GDOT Specifications. The County reserves the right to reject any and all bids.

The Contract will be awarded, if at all, within twenty-five (25) calendar days after opening of the bids. Any approved change to the conditions and specifications will be in the form of a written addendum. Bidders must acknowledge, in writing, receipt and understanding of addenda prior to bids being opened at the above stated date and time.

The work shall be complete by October 25, 2024.

INSTRUCTIONS TO BIDDERS/ PROPOSERS

SECTION 1

1.1 PURPOSE:

The purpose of this document is to provide general and specific information for use in submitting a bid to supply the County with equipment, supplies, and/or services as described herein.

1.2 HOW TO PREPARE BID PROPOSALS: All Bid Proposals Shall Be:

A. Prepared on the forms enclosed herewith, unless otherwise prescribed, and all documents must be submitted. IF THE REQUIRED BID DOCUMENTS ARE

NOT RETURNED IN THEIR ENTIRETY THE BID WILL NOT BE

CONSIDERED. Alternate forms may be used for surety requirements.

B. Typewritten or completed with pen and ink, signed by the business owner or authorized representative, with all erasures or corrections initialed and dated by the official signing the proposal.

ALL SIGNATURE SPACES MUST BE SIGNED IN LONGHAND AND ALL

BLANK SPACES MUST BE FILLED IN.

Bidders are encouraged to review carefully all provisions and attachments of this document prior to submission. Each bid constitutes an offer and may not be withdrawn except as provided herein.

1.3 HOW TO SUBMIT BID PROPOSALS: All bid proposals shall be:

A. Submitted in sealed opaque envelopes, plainly marked with the ITB# County 2024-101 – Sewer Connections for Four Fire Stations; Date, Time of bid opening, Your Company Name, and Your Contractor’s license number.

B. Mailed or delivered as follows in sufficient time to ensure receipt by the County on or before the time and date specified.

a. Mailing Address: WHITFIELD COUNTY PURCHASING DEPARTMENT, 201 S. HAMILTON STREET, DALTON, GEORGIA 30720

b. Hand Delivery: ATTN: Mr. Brian McBrayer 201 S. HAMILTON STREET, 4th FLOOR

DALTON, GEORGIA 30720

BIDS NOT RECEIVED BY THE TIME AND DATE SPECIFIED OR WITHOUT APPROPRIATE MARKINGS

ON THE OUTSIDE OF THE ENVELOPE WILL NOT BE OPENED OR CONSIDERED

1.4 HOW TO SUBMIT AN OBJECTION:

Objections from bidders to this invitation to bid and/or these specifications should be brought to the attention of the County in the following manner:

A. The objections contemplated may pertain to form and/or substance of the invitation to bid documents. Objections must be submitted in writing prior to bid opening. Failure to object in accordance with the above procedure will constitute a waiver on the part of the business to protest this invitation to bid.

1.5 SECTION RESERVED.

1.6 ERRORS IN BIDS:

Bidders or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting bids. Failure to do so will be at the bidder's own risk. In case of error in extension of prices in the bid, the unit price will govern.

1.7 STANDARDS FOR ACCEPTANCE OF BID FOR CONTRACT AWARD:

The County reserves the right to reject any or all bids and to waive any irregularities or technicalities in bids. Section 102 of GDOT Specifications will apply.

1.8 BIDDER:

Whenever the term "bidder" is used it shall encompass the "person", "business", "contractor", "supplier", "vendor", or other party submitting a bid or proposal to the County in such capacity before a contract has been entered into between such party and the County.

1.9 COMPLIANCE WITH LAWS:

The bidder and/or contractor shall obtain and maintain all licenses, permits, liability insurance, workman's compensation insurance and comply with any and all other standards or regulations required by federal, state or the County stature, ordinances and rules during performance of any contract between the contractor and the County. Any such requirement specifically set forth in any contract document between the contractor and the County shall be supplementary to this section and not in substitution thereof. Sections 102 & 103 of GDOT Specifications will apply.

1.10 CONTRACTOR:

Contractor or Subcontractor means any person or business having a contract with the County. The contractor/vendor of goods, material, equipment or services certifies that they will follow equal employment opportunity practices in connections with the awarded contract as more fully specified in the contract documents. Section 108 of GDOT Specifications will apply.

1.11 SECTION RESERVED.

1.12 INSPECTING & TESTING MATERIALS:

Whenever, in these Contract Documents, inspecting, testing, or certification of materials(s) is called for, the selection of bureaus, laboratories and/or agencies for such inspecting and testing shall be made by the Whitfield County Engineer (Engineer), testing shall be stipulated by the Engineer and the character of the test shall be stipulated by the Engineer. Documentary evidence satisfactory to the Engineer that the materials have passed the required inspection and tests must be furnished in quadruplicate to the Engineer by the bureau, agency, or laboratory selected. Materials satisfactorily meeting the requirements of the inspection or tests shall be approved by the Engineer and the Contractor notified of the results. The cost of such inspecting and testing shall be paid for by the Contractor. All testing is to meet the requirements outlined in the GDOT Sampling, Testing, and Inspection Guide.

The contractor must use suppliers on the appropriate GDOT Qualified Products List (QPL).

1.13 CONSTRUCTION SCHEDULE:

The Contractor will be required to submit a construction schedule, in writing, identifying milestones and completion dates prior to contract signing.

1.14 SECTION RESERVED

1.15 BORROW MATERIAL:

Borrow material is not anticipated for this project. If required, borrow material shall be supplied by the Contractor, and the Contractor shall provide all labor, equipment and materials necessary to excavate, haul, and deliver the borrow material to the site.

1.16 PARTICIPATION:

Whitfield County is participating in this project. All requirements and specifications shall meet the conditions set forth in this document, in the Georgia Department of Transportation Standards and Specifications, or in the standards adhered to by Dalton Utilities.

GENERAL CONDITIONS

SECTION 2

2.1 SPECIFICATIONS:

Any obvious error or omission in specifications shall not inure to the benefit of the bidder, but shall put the bidder on notice to inquire of or identify the same from the County.

Whenever herein mention is made of any article, material or workmanship to be in accordance with laws, ordinances, building codes, underwriter's codes, A.S.T.M.

regulations or similar expressions, the requirements of these laws, ordinances, etc., shall be construed to be the minimum requirements of these qualifications. The attached specifications shall be used for this project.

2.2 MULTIPLE BIDS:

No vendor shall be allowed to submit more than one bid.

2.3 BID FOR ALL OR PART:

Bidders must submit a bid for the entire scope of the project, which includes all materials and labor to connect the four (4) fire stations to the sewer main in the streets in front of the stations and render their wastewater discharges fully operational.

2.4 PRICES TO BE FIRM:

Bidder warrants that bid prices, terms and conditions quoted in his bid will be firm for acceptance for a period of SIXTY (60) days from bid opening date.

2.5 COMPLETENESS:

All information required by this Invitation for Bid must be completed and submitted to constitute a proper bid.

2.6 QUALITY:

All materials, or supplies used for the construction necessary to comply with this proposal shall be of the best quality and of the highest standard of workmanship.

Workmanship employed in any construction, repair, or installation required by this proposal shall be of the highest quality and meet recognized standards within the respective trades, crafts, and of the skills employed.

2.7 GUARANTEE:

Unless otherwise specified by the County, the Bidder shall unconditionally guarantee the materials and workmanship on all material and/or services for a period of one year from the date of Substantial Completion. If, within the guarantee period, any defects occur which are due to faulty material and/or services, the contractor at his expense, shall repair or adjust the condition, or replace the material and/or services to the complete satisfaction of the County. These repairs, replacement or adjustments shall be made only at such time as will be designated by the County as being least detrimental to the operation of the County business. Substantial Completion shall be defined as fully operational with regard to all wastewater discharge from the four (4) facilities, completely installed per the specifications, all dressing and grassing complete, and passing final inspection by Dalton Utilities.

2.8 LIABILITY PROVISIONS:

Where bidders are required to enter or go onto County property to take measurements or gather other information in order to prepare the bid or proposal as requested by the County, the bidder shall be liable for any injury, damage or loss occasioned by negligence of the bidder, his agent, or any person the bidder has designated to prepare the bid and shall indemnify and hold harmless the County from any liability arising therefrom. The contract documents specify the liability provisions required of the successful bidder in order to be awarded a contract with the County.

2.9 CANCELLATION OF CONTRACT:

The contract may be cancelled or suspended by the County in whole or in part by written notice of default to the contractor upon non-performance or violation of contract terms as described in Section 108 of GDOT Specifications.

2.10 PATENT INDEMNITY:

Except as otherwise provided, the successful bidder agrees to indemnify the County and its infringement upon any letters patent of the United States arising out of the performance of this contract or out of the use of disposal for the account of the County of supplies furnished or construction work performed hereunder.

2.11 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION:

By submission of this bid, the bidder certifies, and in the case of a joint bid each party thereto certifies, as to its own organization, that in connection with this procurement:

(1) The prices in this bid have been determined independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor.

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder prior to opening, directly or indirectly to any other bidder or to any competitor; and

(3) No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

2.12 AWARD OF CONTRACT:

Section 103 of GDOT Specifications will apply.

2.13 PROCUREMENT PROCEDURES:

Objections and protests to any portion of the procurement process or actions of the County staff may be filed with the County for review and resolution.

2.14 QUALIFICATION OF BUSINESS (RESPONSIBLE BIDDER OR PROPOSAL):

A responsible bidder or proposer is defined as one who meets, or by the date of the bid acceptance can meet, all requirements for licensing, insurance, and service contained within this Invitation for Bids or Proposals as described in Section 102 of GDOT Specifications.

2.15 SECTION RESERVED.

2.16 COMPLIANCE WITH SPECIFICATION - TERMS AND CONDITIONS:

The Invitation to Bid, Legal Advertisement, General Conditions and Instructions to Bidders, Specifications, Special Conditions, Vendor's Bid, Addendum, and/or any other pertinent documents form a part of the bidders proposal or bid and by reference are made a part hereof. See Section 102 & 103 of GDOT Specifications.

2.17 SIGNED BID CONSIDERED OFFER:

The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon approval by the County, Purchasing Agent or his designee. In case of default on the part of the bidder after such acceptance, the County may take action as it deems appropriate, including legal action for damages or lack of required performance.

2.18 NOTICE TO PROCEED:

The successful bidder or proposer shall not commence work under this Invitation to Bid until a written contract is awarded and a Notice to Proceed is issued by the County or their designee. If the successful bidder does commence any work or deliver items prior to receiving official notification, he does so at his own risk.

2.19 SECTION RESERVED.

2.20 PRICE CHANGE:

Section 109 of GDOT Specifications will apply.

2.21 BONDS:

A. Bidder shall post a bid bond, certified check or money order made payable to the County in the amount of 5% of the bid price and be accompanied with agents & underwriters name, address and phone number.

B. If required under State law, contractor(s) shall post a payment bond of 110% of the bid price and a performance bond of 100% of the bid price if awarded the project. Such Bond(s) may be a requirement of State statute and are due prior to contract execution as a guarantee that goods meet specifications and will be delivered per contract. Such bonds will also guarantee quality performance of services and timely payment of invoices to any subcontractors.

C. Whenever a bond is provided, it shall be executed by a surety authorized to do business in the State of Georgia and approved by the County.

2.22 SECTION RESERVED.

2.23 TERMS OF CONTRACT: (check where applicable)

This is a one-time contract.

2.24 RESPONSIBILITY FOR CLAIMS AND RELIABILITY:

The Contractor shall agree to hold harmless, indemnify and defend the County and its agents, engineers and employees while acting within the scope of their duties from and against any and all liability, claims, damages and cost of defense arising out of the Contractor's performance of the work described herein, but not including the sole negligence of the County, its agents, Engineer and engineers, or employees. The Contractor will require any and all Subcontractors to conform to the provisions of this clause prior to commencing any work and agrees to ensure that this clause is in agreement with the insurance provisions of the contract.

2.25 INSURANCE

The Contractor shall purchase prior to commencement of the work, and maintain the following insurance:

Insurance covering claims under Workmen's Compensation, in accordance with the laws of State of Georgia, disability benefit and other similar employee benefit acts, against himself or any Subcontractor or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them be liable. Contractor’s Public and Automobile Liability Insurance in an amount of not less than $100,000 for injuries, including those resulting in death, and in an amount not less than $300,000, and not to exceed $1,000,000 for any one occurrence.

Contractor’s Public and Automobile Liability Insurance in an amount not to exceed $100,000 for each occurrence of property damage and $200,000 for the aggregate of operations.

(a) Any exclusion of so-called underground damage to pipes, collapse of structures or damage resulting from explosion or blasting, shall be deleted.

(b) The policy shall provide completed operations coverage, and such coverage shall be maintained by the Contractor for a period of one year from the date of payment of the final amounts owed the Contractor by the County, whichever occurs first.

Property Damage Insurance in an amount of no less than $50,000, but not to exceed $100,000, from damages on account of any occurrence, with a limit of $200,000 for the aggregate of operations.

Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the project.

Owner's protective liability insurance, in the name of the County, his professional consultants and their agents as additional insured under the contractor's general liability insurance policy with respect to the services performed by the Contractor for the County, with the following limits:

Personal Injury including death - limits of $100,000.00 for each person and $300,000.00 for each occurrence.

Property Damage - limits of $50,000.00 for each person and $100,000.00 for the aggregate of operations.

ENDORSEMENTS

On all insurance, there shall be attached to and made a part of every policy or certificate of Insurance required hereunder, as the case may be, an endorsement stating that "The insurance company agrees that Policy Number _____________________shall not be cancelled, changed or allowed to lapse until ten (10) days after the County has received written notice of the cancellation or change or lapse, as evidenced by return receipt of certified or registered letter, and it is agreed further that as to lapsing such notice will not be valid if mailed more than fifteen (15) days prior to the expiration date shown on this policy.

DISPOSITION OF POLICIES AND CERTIFICATES

A certificate of insurance acceptable to the County shall be filed with the County prior to commencement of the work, and to all Workmen's Compensation Insurance required hereunder.

Certified copies of all policies of Builders Risk, Contractor's protective liability insurance and Contractor's public and automobile liability insurance and the County's Protective

Liability required hereunder shall be filed with the County prior to commencement of the work.

No insurance required hereunder will be acceptable to the County unless written by a company licensed by the State Insurance Department to do business in Georgia at the time the policy is issued.

2.26 BASIS OF CONTRACT AWARD:

A. If the contract is awarded, it will be awarded to the lowest responsive and responsible bidder. The low bidder will be determined based on the low base bid and any alternatives selected by the County. Section 103 of GDOT Specifications will apply.

B. The County reserves the right to reject any or all proposals and to waive any technicalities.

C. Contracts will be administered by the County Representative. Invoices will be submitted to the County Representative as directed.

2.27 SECTION RESERVED.

2.28 SUBLETTING, ASSIGNMENT OR TRANSFER

The County considers the work of the CONTRACTOR personal. The CONTRACTOR agrees not to assign, sublet, or transfer any or all of its interest in this agreement without prior written approval of the County.

The County reserves the right to review all subcontracts prepared in connection with the agreement, and the CONTRACTOR agrees that it shall submit to the County any proposed subcontract documents together with the subcontractor cost estimates for review and written concurrence of the County in advance of their execution.

All subcontracts of $10,000 or more shall include the provisions set forth in this agreement.

2.29 COMPLIANCE WITH APPLICABLE LAW

See Section 102 & 103 of GDOT Specifications. The CONTRACTOR shall comply and shall require its subcontractors to comply with the regulations for COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, as amended, and 23 CFR 710.405(b) as stated in this agreement.

The CONTRACTOR shall comply and shall require all its subcontractors to comply with all applicable requirements of the Americans with Disabilities Act of 1990(ADA), 42 U.S.C. 12101 et.seq. and 49 U.S.C. 322 ; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791; and regulations and amendments thereto.

2.30 SECTION RESERVED.

SECTION 3

3.1 DESCRIPTION OF WORK:

The work consists of furnishing all materials, labor and equipment for the project entitled:

ITB# County 2024-101 – Sewer Connections for Four Fire Stations

The work consists of providing, performing, placing, and installing all labor and materials to connect four (4) Whitfield County Fire Stations to sewer mains that are located in the road rights-of-way in front of the stations. The work includes any miscellaneous labor, equipment, and materials required to disconnect the existing septic systems, install any necessary equipment such as tanks, pumps, electrical wiring or panels, piping, trenching, grading, sodding or grassing, or any other related items to provide wastewater discharge connections to the aforementioned sewer mains. The Contractor must complete these items as specified in this Bid Document, according to the standard construction practices accepted by Dalton Utilities and GDOT.

Work shall include supplying or purchasing all materials, labor, and equipment for the project.

All materials used in the process of completion of the work included in the contract will be furnished from Dalton Utilities approved suppliers only.

It is the responsibility of the bidder to carefully examine and fully understand the contract, plans, specifications, and other documents hereto attached and make personal examinations of the sites of the proposed work, and to satisfy himself as to the actual conditions and requirements of the work.

The bidder further agrees that the cost of any work performed, materials furnished, services provided, or expenses incurred, which are not specifically delineated in the contract documents but which are incidental to the scope, intent, and completion of the contract, shall be deemed to have been included in the prices bid for the various items scheduled.

3.2 COMMENCEMENT AND COMPLETION:

The Contractor shall agree to commence work under this contract within five (5) working days after the Notice to Proceed is issued, and complete all work by October 25, 2024. The contractor shall work continuously on the project after the Notice to Proceed is issued.

3.3 MAINTENANCE:

Once the Notice to Proceed has been issued, the contractor is held responsible for all maintenance included within the limits of the project throughout the duration of the contract without exception.

3.4 LIQUIDATED DAMAGES:

Failure to complete the work within the duration given in item 3.2, plus any extension authorized in writing by the County, shall entitle the County to deduct as "Liquidated Damages" from the monies due the contractor the amount shown in GDOT Specifications for each calendar day in excess of the authorized construction time. Section 108 of GDOT Specifications will apply.

3.5 CONSTRUCTION SCHEDULE:

The Contractor shall prepare a detailed schedule showing progress dates and completion dates of all phases. The schedule shall be presented to the Project Manager prior to commencing work. The Contractor will be responsible for keeping a Daily Diary to be approved by the County Engineer. The County’s representative will also keep a Daily Diary.

3.6 LAYOUT OF THE WORK:

The Contractor will layout his own construction survey and be responsible for all measurements in connection therein.

3.7 PAYMENT:

Quantities in bid form are approximate and payment shall be for actual in-place work measurements.

3.8 SAFETY:

The contractor will be responsible for all needed traffic signage, if any, in accordance with the Manual on Uniform Traffic Control Devices, the Georgia Department of Transportation, and all other safety measures that will enhance the safety of the construction site. This item will not be included as a separate pay item but shall be included as a part of the contract.

3.9 PRE-CONSTRUCTION CONFERENCE:

The contractor shall attend a pre-construction conference prior to commencing any work.

The County Engineer and a Dalton utilities representative must also be present at the pre-construction conference.

3.10 DRUG-FREE WORKPLACE CERTIFICATION:

The contractor is required to certify a drug-free workplace for all employees including subcontractors.

3.11 SECTION RESERVED

3.12 SECTION RESERVED

3.13 SECTION RESERVED

MODIFICATIONS OF GDOT STANDARD SPECIFICATIONS

1. SECTION 101 DEFINITION AND TERMS: Delete the following paragraphs from Section 101 of the 2013 Edition of the Georgia Department of Transportation State of Georgia Standard Specifications Construction of Transportation System and replace with the following:

101.10 Board THE WHITFIELD COUNTY BOARD OF COMMISSIONERS

101.13 Chief Engineer THE WHITFIELD COUNTY ENGINEER

101.14 Commissioner THE CHAIRMAN OF THE BOARD

101.22 Department THE WHITFIELD COUNTY BOARD OF COMMISSIONERS

101.24 Engineer THE WHITFIELD COUNTY ENGINEER

Acting directly or through his duly authorized representative

101.62 State Highway Same as 101.13 - Chief Engineer (above)

101.63 State THE WHITFIELD COUNTY BOARD OF COMMISSIONERS

101.81 Treasurer THE WHITFIELD COUNTY BOARD OF COMMISSIONERS

Section 102.05 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF THE

WORK

Add the following paragraph:

"The County will not be responsible for Bidders' errors or misjudgment, nor for any information on local conditions or general laws and regulations."

SECTION 107 LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC

Section 107.15 RESPONSIBILITY FOR DAMAGE CLAIMS

Delete the paragraph and substitute the following:

“The Contractor shall indemnify and save harmless the County, the engineer, and their agents and employees, from all suits, actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the said Contractor; or on account of or in consequence of any neglect in safe-guarding The Work;

or through use of unacceptable materials in constructing The Work; or because of any act of omission, neglect or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the Workmen’s Compensation Act, or any other law, ordinance, order, or decree; and so much of the money due the said Contractor under and by virtue of this Contract as may be considered necessary by the County for such purpose may be withheld for the use of the County; or, in case no money is due, his surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the County; except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance.”

Section 107.18 ACQUISITION OF RIGHT OF WAY

Add the following paragraph:

"The Contractor shall inspect all easements and rights-of-way to insure that the County has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department."

Section 107.21 CONTRACTORS RESPONSIBILITY FOR UTILITY PROPERTY AND

SERVICE

Add the following sentence to Paragraph A:

"The Contractor is responsible for the location of above and below ground utilities and structures which may be affected by the Work."

SURETY REQUIREMENTS

A Bid Bond for five percent (5%) of the amount of the bid is required to be submitted with each bid. If required by State statute, a Performance Bond for one hundred percent (100%) of the bid and a Payment Bond for one hundred and ten percent (110%) of the bid will be required of the successful bidder.

The Bidder certifies that he/she has examined all documents contained in this bid package, and is familiar with all aspects of the proposal and understands fully all that is required of the successful bidder. The Bidder further certifies that his/her bid shall not be withdrawn for sixty (60) days from the date on which the bid is publicly opened and read.

The Bidder agrees, if awarded this bid, he/she will:

A. Furnish, upon receipt of an authorized County Contract Agreement, all items indicated thereon as specified in this bid proposal for the bid amount, or;

B. Enter a contract with the County to do and/or furnish everything necessary to provide the service and/or accomplish the work as stated and/or specified in this bid proposal for the bid amount, and;

C. If required by State statute, furnish a 100% Performance Bond and a 110% payment bond, and acknowledges the County's right to require a Performance Bond and a Payment Bond of a specific kind and origin, and;

D. Forfeit the amount of the Bid Bond as liquidated damages if he/she fails to enter a contract with the County as stated in (B) above, within fifteen (15) days of the date on which he/she is awarded the bid.

COMPANY DATE

SIGNATURE TITLE

TELEPHONE NUMBER

BID BOND

KNOW ALL MEN BY THESE PRESENTS, THAT WE _______________________________

(hereinafter called the Principal) and ______________________________________ (hereinafter called the Surety), a Corporation chartered and existing under the laws of the State of with its principal offices in the County of ________________________and authorized to do business in the State of Georgia, are held and firmly bound unto the Whitfield County Board of Commissioners (County) in the full and just sum of _________________________________ Dollars ($ _____________________ ) good and lawful money of the United States of America, to be paid upon demand of the County, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, and assigns jointly and severally and firmly by these presents.

WHEREAS, the Principal is about to submit, or has submitted, to the County, a proposal for furnishing materials, labor and equipment for:

ITB# County 2024-101 – Sewer Connections for Four Fire Stations

WHEREAS, the Principal desires to file this Bond in accordance with law in lieu of a certified Bidder's check otherwise required to accompany this Proposal.

NOW, THEREFORE, the conditions of this obligation are such that if the proposal be accepted, the Principal shall within ten (10) days after receipt of notification of the acceptance, execute a Contract in accordance with the Proposal and upon the terms, conditions, and prices set forth in the form and manner required by the County, and, if required by State statute, execute a sufficient and satisfactory Performance Bond in the amount of 100% of the total contract price and Payment Bond in the amount of 110% of the total contract price payable to the County, in form and with security satisfactory to said County, and otherwise, to be and remain in full force and virtue in law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the Board of Commissioners, Whitfield County, Georgia, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

IN TESTIMONY THEREOF, the Principal and Surety have caused these presents to be duly signed and sealed this ___________ day of __________________, 2024.

_________________________________ (SEAL) _____________________________ (SEAL)

Surety Principal

BY: ___________________________________ BY:________________________________

CORPORATE CERTIFICATE

I, _______________________________________________, certify that I am the Secretary of the Corporation named as Contractor in the foregoing proposal; that ______________________, who signed said proposal in behalf of the Contractor, was then

(Title) ________________________of said Corporation; that said proposal was duly signed for and on behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers, that said Corporations organized under the laws of the State of _______________, this ________ day of __________________, 2020.

___________________________________ (SEAL)

DEBARMENT/SUSPENSION CERTIFICATION FORM

DEBARMENT/SUSPENSION STATUS

The Vendor certifies that it is not suspended, debarred or ineligible from entering into contracts with any federal entity, state agency or local public body. The Vendor agrees to provide immediate notice to Whitfield County in the event of being suspended, debarred, or declared ineligible by any entity (federal, state, or local), or upon receipt of a notice of proposed debarment that is received after the submission of the quote or offer but prior to the award of the purchase order or contract.

CERTIFICATION

The undersigned hereby certifies that he/she has read the above DEBARMENT/SUSPENSION STATUS requirements and that he/she understands and will comply with these requirements. The undersigned further certifies that they have the authority to certify compliance for the vendor named and that the information contained in this document is true and accurate to the best of their knowledge.

Signature:______________________________

Title:_________________________

Date: __________

Name Printed: _______________________

Company Name: __________________________

Compliance with Equal Employment Opportunity:

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

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=11ed7b108f4f698848db076411872c73&term_occur=26&term_src=Title%3A41%3ASubtitle%3AB%3AChapter%3A60%3APart%3A60-1%3ASubpart%3AA%3A60-1.4

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

Compliance with the Copeland “Anti-Kickback” Act:

(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

(3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.”

Compliance with the Contract Work Hours and Safety Standards Act:

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=22edf9acbb0b836eba994727b86adedf&term_occur=16&term_src=Title%3A41%3ASubtitle%3AB%3AChapter%3A60%3APart%3A60-1%3ASubpart%3AA%3A60-1.4 liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

(3) Withholding for unpaid wages and liquidated damages. Whitfield County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

Compliance with Procurement of Recovered Materials:

(1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

• Competitively within a timeframe providing for compliance with the contract performance schedule;

• Meeting contract performance requirements; or

• At a reasonable price.

(2) Information about this requirement, along with the list of EPA- designated items, is available at EPA’s

Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

(3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”

Compliance with Domestic Preference for Procurements:

(1) As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

(2) For purposes of this clause:

• Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

• Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe;

aggregates such as concrete; glass, including optical fiber; and lumber.”

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

Compliance with Byrd Anti-Lobbying Amendment:

(1) Contractors who apply or bid for an award of $100,000 or more shall file the required certification (below).

(2) Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.

(3) Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall…