Tree Trimming and Removal Serv

CITY OF GRIFFIN, GEORGIA

INVITATION TO BID

BID #23-007

FOR

TREE TRIMMING AND REMOVAL SERVICES

For all questions about this Bid contact:

Sherri Huggins shuggins@cityofgriffin.com

Deadline:

Tuesday, December 20, 2022 at 2:00 P.M.

IMPORTANT

SUBMITTAL REQUIREMENT

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

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

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

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

RESPONSE SUBMITTAL

DELIVER TO:

CITY OF GRIFFIN

PROCUREMENT – 3RD FLOOR

100 S HILL STREET

PO BOX T

GRIFFIN, GA 30224

BID/PROPOSAL #: 23-007

BID/PROPOSAL NAME: Tree Trimming and Removal Services DUE ON OR BEFORE: 2:00PM - December 20, 2022

COMPANY NAME:

COMPANY ADDRESS:

CONTACT NAME:

CONTACT PHONE & EMAIL:

ITB 23-007 Tree Trimming & Removal Services Page 2 of 28

CITY OF GRIFFIN, GEORGIA

INVITATION TO BID

23-007

TREE TRIMMING AND REMOVAL SERVICES

SECTION I – BID INFORMATION

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

1.1. PURPOSE

The City of Griffin (City) is seeking bids from qualified entities for the contract pruning and tree removal as needed within the City.

1.2. SCHEDULE & SUMMARY

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

1.2.

SCOPE OF WORK

The City is seeking bids for tree pruning and removal services throughout the City for the period beginning December 1, 2022 with the potential of up to four (4) annual renewals. The supplier will furnish all of the necessary labor, supervision, tools, equipment, supplies, materials and expertise to accomplish the pruning or removal of such trees. Trees will vary in DBH (diameter at breast height) and will be identified by the City.

In addition to the routine pruning and occasional tree removal for the City’s maintenance needs, there is currently an extensive inventory of trees that have been marked for removal in order of priority. The supplier will be given a listing of this inventory and can coordinate those assignments on a regular schedule.

1.1.1 All work must be completed to the satisfaction of the City Arborist or representative, and any questions as to proper procedures or quality of workmanship will be resolved by the same. Written notice will be given by the City for unsatisfactory work, giving the supplier the opportunity to make it acceptable. If unsatisfactory work continues after the cure notice, the City has the right to cancel the existing contract and award to the next lowest responsive and responsible supplier.

1.1.2 Supplier shall be aware of all the conditions concerning the site of the work, the obstacles that may be encountered and all other relevant matters concerning the work to be performed prior to the submission of the bid response.

1.1.3 Work shall be scheduled work between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, unless authorized by the City Arborist or representative.

1.1.4 Work must be commenced within ten (10) days of assignment and completed in a timely manner, except in cases of emergency in which work must be commenced within two (2) days of assignment and completed as soon as practicable. If such a delay happens for unapproved reasons, the City reserves the right to obtain services for the immediate need elsewhere. Two unapproved delays in assignments are cause for the City to cancel the existing contract and award to the next lowest responsive and responsible supplier.

1.1.5 Work shall be undertaken with all reasonable care and minimal disruption or damage to other trees, grounds, driveways, streets, and curbs, sidewalks, structures and utilities on or adjacent to work site.

1.1.6 No waste shall be left on work site overnight unless prior arrangements are made with City Arborist or representative. Organic waste generated by this work is the responsibility of the Supplier and must be disposed of properly (i.e. landfill).

1.1.7 Any damage to property as the result of the Supplier's operations shall be the responsibility of the Supplier.

1.1.8 Supplier must have a business registered with the Secretary of State and possess a current occupational tax certificate or its equivalent. Supplier shall maintain liability insurance in the minimum amount of $2,000,000.00 per occurrence that includes liability for accidents occurring during contract or at the project site that are attributable to the supplier or its agents' conduct during the time period of the subsequent Agreement. This amount shall supersede any discrepancy of amount listed in Section V. The City, its agents, elected officials, and employees shall be included as additionally named insured with respect to all liability policies herein except the professional liability coverage and worker’s compensation which shall be indicated on all applicable certificates of insurance. A Certificate of Insurance (COI) and any other documents required by the City must be submitted to the City prior to the commencement of any work.

1.1.9 All pruning will be consistent with ANSI-A300 Part 1, which includes the following:

1.1.9.1 Trees are to be pruned in a manner to not endanger the health of the tree.

1.1.9.2 To improve the appearance of trees pruned -

· Attention is to be given to the eventual symmetrical appearance of the trees. Pruning shall be done in order to maintain a tree-like form typical of the species of the tree being pruned.

· In lifting the bottom branches of trees for clearance, care should be given to the symmetrical appearance of the entire crown.

· All final cuts shall be made sufficiently close to the trunk or parent limb, without cutting into the branch collar or leaving a protruding stub, so that closure can readily begin under normal conditions. Clean cuts shall be made at all times. All drop crotch pruning cuts will be made back to branches with a minimum of 1/3 the diameter of the parent branch.

1.1.10 All tree removal shall be consistent with the following:

1.1.10.1 All tree removals will be complete including stump removal or grinding and disposal of all woody debris.

1.1.10.2 Stumps must be ground to a minimum depth of 8 inches below normal ground level and cavities must be cleaned out. Cavities are to be back-filled with good quality fill and tamp holes up to existing grade.

1.1.10.3 There may be occasions, such as a tree already downed or a tree removed by the City, when a stump needs to be ground. Circumstances such as those require separate/specific approval and pricing.

1.1.10.4 City crews will maintain the vegetation and brush control within the Right-of-Way area.

1.1.11 Safety standards shall include, but not be limited to the following:

1.1.11.1 No spikes are to be used in climbing any trees.

1.1.11.2 All equipment to be used and all work to be performed must be in full compliance with the most current revision of the American National Standards Institute Standard Z-133.1-1988, or as amended.

1.1.11.3 The blocking of public streets shall not be permitted unless prior arrangements have been made with the City and is coordinated with the appropriate City departments.

1.1.11.4 Supplier shall provide adequate barricades, flagmen, signs and/or public safety warning devices while working to protect and control motorists and pedestrians. Yellow flashing lights mounted on the vehicle shall not be deemed as sufficient or adequate protection. Questions of sufficiency shall be resolved to the satisfaction of the City Arborist or representative.

1.1.12 The City will reimburse the Supplier for the rental of a crane when needed, based on prior approval by the City Arborist and the submission of an authorized receipt. Rental of other necessary heavy equipment must have prior approval by the City Arborist and proper receipt in order to be reimbursed by the City.

1.1.13 A written report shall be prepared after each assignment and submitted to the City Arborist or representative within five (5) business days of completion. This report shall list the locations and numbers of trees pruned and/or removed, along with any supporting detail that is relevant.

1.1.14 The City reserves the right to inspect all work throughout the term of the resulting contract.

PACKAGING/SUBMISSION REQUIREMENTS

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

a. ___ Information/Cover Page (supplied)

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

c. ___ Pricing Sheet (supplied)

d. ___ References Sheet (supplied)

e. ___ Tax Compliance form (supplied)

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

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

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

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

* NOTE: Only ONE original and no copies of the company registration paperwork is required. This should be submitted separately from but included with the original in order to maintain the security and privacy of the registration documents. Do not include additional copies of the registration paperwork with the bid copies; only the original is needed.

EVALUATION CRITERIA

The basis of selection will be the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth within this invitation to bid, including the ability to meet the City’s specifications and requirements, in addition to price. Other considerations will include, but are not limited to:

· Ability to provide requested service

· Experience

· Quality of workmanship and products used

· Timeliness of project completion

· Additional costs to the City

· Prior supplier performance

· References

· Guarantees and warranties

· Value added services and/or options

· Financial solvency

· Honesty in all portions of the response to this Invitation to Bid At the City’s discretion, a short list of the Suppliers who meet the requirements and criteria set forth in the invitation to bid may be compiled during the evaluation process and additional information regarding their bids may be requested, either in writing or in a presentation and interview session. The City reserves the right to request product demonstrations or to conduct site visits to assess installations similar to the one proposed.

The City reserves the right to determine the lowest responsible and responsive bid based on the Evaluation Committee’s evaluations of the responses , which may or may not be the lowest monetary response.

REQUESTS FOR PROPOSAL, INVITATIONS TO BID

GENERAL PROVISIONS

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

2. SECTION II – GENERAL TERMS AND CONDITIONS

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

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

2.1. RESTRICTIONS ON COMMUNICATIONS WITH STAFF

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

All questions, including questions regarding specification/technical issues and administrative issues, must be in writing to Procurement. The Procurement Analyst’s contact email and the deadline for questions is noted in Section. 1.2.

Address: Sherri Huggins Procurement City of Griffin P. O. Box T, Griffin, GA 30224 Email: shuggins@cityofgriffin.com No questions other than written will be accepted. No response other than written will be binding upon the City. Questions and answers will be posted as an addendum(s). Questions received after the deadline for questions, set forth in Section 1.2 of this Invitation to Bid, will not be answered unless the deadline is otherwise extended.

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

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

2.2. PUBLIC DISCLOSURE AND PROPRIETARY INFORMATION

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

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

Information received in response to this bid request will become the property of the City and will not be returned. If certain information/documents are legally recognized as Trade Secrets, the proposer must prominently mark and initial such information as “TRADE SECRETS”. The City will not release or divulge such information to third parties without the consent of the Proposer unless required to do so by applicable law or order a court of competent jurisdiction.

3. SECTION III –OVERVIEW AND PROCEDURES

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

3.1. COMPANY BACKGROUND & EXPERIENCE

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

The list must include:

· Dates of service

· Name of contact person

· Title of contact person

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

Failure to provide this information will disqualify the bid submission.

3.2. REFERENCES

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

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3.3. BID REQUIREMENTS

3.3.1. SPECIAL CONDITIONS

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

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

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

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3. RESPONSES

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

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

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

· No single responsive and responsible submittal meets all requirements;

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

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

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

3.3.4. PACKAGING OF BID

Submissions must be by the following method:

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

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

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

· Pricing

· Schedule of proposed work (when applicable),

· Completion Schedule (when applicable),

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

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

· W-9 (available online),

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

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

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

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

3.3.5. SUBMISSION OF BID

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

Bids must be submitted by mail to:

City of Griffin Attention: Sherri Huggins – Accounting / Procurement P. O. Box T, Griffin, GA 30224

Or hand delivered to:

City of Griffin Attention: Sherri Huggins – Accounting / Procurement 100 S Hill Street, 3rd Floor Griffin, GA 30223

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

3.3.6. ALTERNATE BID DOCUMENTS

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

3.3.7. ADDITIONAL INFORMATION/ADDENDA

The City will issue responses to inquiries and any other corrections or amendments as it deems necessary via written addenda prior to the bid opening date. If an addendum is posted within seventy-two hours of the bid opening, the bid opening will be extended in accordance with law. Suppliers shall not rely on any representations, statements, or explanations other than those made in this Invitation to Bid and any addenda issued. In the event of a conflict, the last addendum issued will prevail. It is the Supplier’s responsibility to check for addenda (under Bid Opportunities) on the City’s website.

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

3. PROPOSAL PRICING, ERRORS AND OMISSIONS

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

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

3.3.9. WITHDRAWAL OF BID

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

3.3.10. LATE SUBMITTAL, LATE MODIFICATIONS & LATE WITHDRAWALS

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

3.3.11. MIMINUM BID ACCEPTANCE PERIOD

Bids shall be valid and may not be withdrawn for a minimum period of 60 days from the date specified for receipt of bids. Suppliers will be asked for an ‘expiration date’ for the bid submitted, when appropriate. This does not impact the contract price once a bid has been awarded.

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3. DISQUALIFICATION OF BIDS OR SUPPLIERS

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

3.3.22.1. Evidence of collusion;

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

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

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

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

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

3.3.22.7. Any false statement or misrepresentation in any portion of the Bid Packet, including but not limited to, misrepresentations regarding prior or current lawsuits or OSHA violations.

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

3.3.23. REJECTION/CANCELATION/AWARD OF BIDS

The City reserves the right to:

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

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

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

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

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

f) accept the bid that is evaluated as the lowest responsible and responsive, regardless of whether or not it is in fact the lowest in price;

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

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

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

3.3.24. COST INCURRED BY SUPPLIERS

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

3.3.25. BID OPENING

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

3.3.26. AWARD OF CONTRACT

Award will be made to the Supplier whose Bid is evaluated as the lowest responsive and responsible and who is compliance with all terms set forth in this Invitation to Bid. All criteria mentioned within this Invitation to Bid, including but not limited to, quality of the articles to be supplied, their conformity with the specifications, their suitability to the requirements of the City, the delivery terms and other criteria, references, and price, will be taken into consideration in making the award.

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

3.3.27. PROTESTS

Protest may be filed by the affected party regarding any aspect of the solicitation, evaluation or award. All protests must be in writing, include the information listed below and directed to the Procurement Department at the same name and address as set forth within Section 2.1 of this Invitation to Bid. Protests regarding the specifications or how a solicitation was written must be filed at least seventy-two (72) hours prior to the deadline. Protests regarding the validity of the evaluation team or the evaluation process must be filed within seventy-two (72) hours of the notice to bidders. Protests regarding the recommended awardee must be filed within ten (10) days of the Notice.

3.3.27.1. FILING A PROTEST

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

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

27. Signature and printed name of the protestor

27. Identification of the solicitation and the sections contested

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

27. A description of the remedy requested.

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

3. INSPECTION AND ACCEPTANCE OF EQUIPMENT (FOR PURCHASE)

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

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

3.5. STATEMENT OF EXPERIENCE AND QUALIFICATIONS

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

3.6. NON-COLLUSION AFFIDAVIT

By submitting a bid, the supplier represents and warrants that such bid is genuine and real and not made in the interest or on behalf of any person not therein named. It is further warranted that the supplier has not directly or indirectly solicited any other supplier to put in a sham bid, or any potential supplier to refrain from submitting and that the supplier has not in any manner sought by collusion to secure any advantage over any other supplier.

By submitting a bid, the supplier represents and warrants that no official or employee of City has, in any manner, an interest directly or indirectly in the bid or in the contract which may be made under it, or in any expected profits to arise therefrom. It is further warranted that the supplier is independent of the City.

3.7. HOLD HARMLESS AND INDEMNIFICATION

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

3.8. BID BONDS (Bid, Performance, Payment)

For any bid as required and noted in Section 1 of this bid document, a one hundred ten percent (110%) Performance bond and a one hundred percent (100%) Payment bond shall be furnished payable to, in favor of, and for the protection of the City. When Bid bonds are required, they must be in a sum equal to five percent (5%) of the total amount of the supplier’s response and may be in the form of a surety issued bond or cashier’s check made payable to the City of Griffin. Bid bonds are returned to the unsuccessful suppliers when the Notice of Award has been issued or contract has been executed. When bonding is required, failure to submit appropriate bonding will result in automatic rejection of bid. Performance and/or Payment bonds must be presented within ten (10) days of the Notice of Intent to Award or prior to the award of contract, whichever is later. Surety companies executing bonds must appear on the Treasury Department’s most current publication (Circular 570 as amended) and be authorized to do business in Georgia. Unless otherwise specified, bonds shall be in effect for a period of one year from the completion of the project. The bond amounts shall be increased as the contract amount is increased. No alternative securities are currently accepted in lieu of performance or payment surety bonds.

4. SECTION IV – OTHER GENERAL SPECIFICATIONS

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

4.1. FORCE MAJEURE

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

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

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

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

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

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

4.2. SUPPLIER'S INVOICE

4.2.1. Unless the City and the Supplier mutually agree to alter this provision pursuant to the terms of a subsequent contract, the Supplier shall prepare and submit invoices to the attention of the project manager at: City of Griffin, Attn: Mariza Eller, PO Box T, Griffin, GA 30224. A proper invoice must include the items listed below:

(a) Name and address of the Supplier.

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

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

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

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

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

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

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

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

(a) Name of supplier

(b) Purchase Order number

(c) Ship to Department and Address

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

(e) Date of delivery or shipment.

4.3. TAX LIABILITY

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

4.4. PAYMENT

Payment will be made for items accepted by the City; standard terms are net 30, but other arrangements may be made should the City and the awardee of the bid mutually agree to an alternate arrangement via subsequent contract.

4.5. ESTIMATED QUANTITIES

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

4.6. ASSIGNMENT OR NOVATION OF CONTRACT

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

4.7. TERMINATION FOR CAUSE

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

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

4. TERMINATION FOR CONVENIENCE

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

4. TERMINATION FOR FUND APPROPRIATION

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

4.10. CHANGES

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

4.11. REPORTING DISPUTES

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

5. SECTION V –INSURANCE REQUIREMENTS

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

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

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

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

5.1. STANDARD INSURANCE REQUIREMENTS

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

· Premise/Operations

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

· Products/Completed Operations

· Contractual

· Independent Contractors

· Broad Form Property Damage

· Personal Injury

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

· Owned/Leased Autos

· Non-owned Autos

· Hired Autos

5.1.3. Umbrella Coverage

5.1.3.1. Workers’ Compensation and Employers’ Insurance -- with benefits and monetary limits as set forth by Title 34, Chapter 9 of the O.C.G.A. Workers’ Compensation coverage is required as a condition of performing work or services for the City whether or not the Supplier is otherwise required by law to provide such coverage.

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

5.2. OTHER INSURANCE PROVISIONS

5.2.1. All Coverage

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

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

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

5.2.2. Commercial General Liability and Automobile Liability Coverage

5.2.2.1. The City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Supplier; products and completed operations of the Supplier; premises owned, leased or used by the Supplier or premises on which the Supplier is performing services on behalf of the City. The coverage shall contain no special limitations on the scope of protection afforded to the City, members of the City Commission, boards, commissions and committees, officers, agents, employees and volunteers.

5.2.2.2. The Supplier's insurance coverage shall be primary insurance as respects the City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers.