ADVERTISEMENT FOR BIDDERS
Sealed proposals will be received by the Paulding County Department of Finance, 240 Constitution
Boulevard, Dallas, Georgia 30132 until:
For the project known as:
DECEMBER 8, 2022, 10:00 AM EST
Standby Paving Bid
Proposals will be opened and read aloud at the 2nd Floor Conference Room, 240 Constitution Boulevard,
Dallas, Georgia 30132 December 8, 2022 at 10:00AM EST. Proposals received after the designated time will
not be considered. The OWNER of the project is the Paulding County Board of Commissioners.
The approximate extent and character of the Commodity is generally described as follows:
The project is for annual paving and concrete work required after a water line or sewer line repair.
Three Bid Forms are split into “A” – Large & Small Projects, “B” – Large Projects Only, & “C” –
Small Projects Only. Bidders may elect to bid on the entire package (Bid Form “A”) or on a portion
(Bid Forms “B” and “C”).
Bidders shall inform themselves concerning Georgia Laws and comply with same.
The time allowed for the Standby Paving Bid is 365 days from the date of notice to proceed.
Each Bid must be accompanied by a Bid Bond with good and sufficient surety or sureties approved by the
owner for faithful acceptance of the contract, payable to, in favor of, and for the protection of the OWNER in
an amount equivalent to five percent (5%) of the total amount payable by the terms of the contract or, in lieu
thereof, in the form of a certified check, cashier’s check, or cash in equal amount.
The Successful Bidder will be required to furnish payment bonds with the executed Agreement meeting the
requirements of the Contract Documents and executed on the forms attached to the Agreement. The terms and
time for payment are set forth in the Agreement.
Surety and insurance companies must have an AM Best rating of A-6 or greater, be listed in the Federal
Registry of Companies holding Certificates of Authority and Acceptable Sureties on Federal Bonds, be
licensed by the Georgia Insurance Department and the Georgia Secretary of State to do business in the State
All Bids will remain subject to acceptance for 60 days after the day of the Bid opening, but OWNER may, in
its sole discretion, release any Bid and return the Bid security prior to that date.
Each bid must be submitted in a SEALED ENVELOPE, addressed to the OWNER. Each sealed envelope
containing a Bid must be plainly marked on the outside as, Standby Paving Bid. If bid is forwarded by mail,
the sealed envelope containing the Bid must be enclosed in a separate mailing envelope to the attention of the
OWNER at the address previously given.
The Owner reserves the right to reject any or all Bids, to waive formalities and re-advertise.
Tabitha Pollard, Finance Director
Paulding County Department of Finance
I. PREPARATION OF BIDS:
A. Each bidder shall examine the drawings, specifications, schedule and all instructions. Failure to do so will
be at the bidder’s risk, as the bidder will be held accountable for their bid response.
B. Each bidder shall furnish all information required by the bid form or document. Each bidder shall sign the
bid and print or type his or her name on the schedule. The person signing the bid must initial erasures or other
changes. An authorized agent of the company must sign bids.
C. Individuals, firms and businesses seeking an award of a Paulding County contract may not initiate or
continue any verbal or written communications regarding a solicitation with any County officer, elected
official, employee or other County representative without permission between the date of the issuance of the
solicitation and the date of the final contract award by the Board of Commissioners. Violations will be
reviewed by the Purchasing Manager. If determined that such communication has compromised the
competitive process, the offer submitted by the individual, firm or business may be disqualified from
consideration for award.
D. Sample contracts (if pertinent) are attached, as are the affidavit(s) and affirmation. These do NOT have to
be filled out with the bid/proposal submittal, but are contained for informational purposes only. If awarded,
the successful bidder(s) will be required to complete them prior to contract execution.
A. Each bidder should state time of proposed delivery of goods or services.
B. Words such as “immediate,” “as soon as possible,” etc. shall not be used. The known earliest date or the
minimum number of calendar days required after receipt of order (delivery A.R.O.) shall be stated (if calendar
days are used, include Saturday, Sunday and holidays in the number).
III. EXPLANATION TO BIDDERS:
Any explanation desired by a bidder regarding the meaning or interpretation of the invitation for bids,
drawings, specifications, etc. must be requested five (5) working days prior to bid opening in order for a reply
to reach all bidders before the close of bid. Any information given to a prospective bidder concerning an
invitation for bid will be furnished to all prospective bidders as an addendum to the invitation if such
information is necessary or if the lack of such information would be prejudicial to uninformed bidders. The
written bid documents supersede any verbal or written communications between parties. Receipt of addendum
should be acknowledged in the bid. Although the Purchasing Division will take effort to send any addendum
to known bidders, it is the bidder’s ultimate responsibility to ensure that they have all applicable addenda
prior to bid submittal. This may be accomplished via contact with the assigned Procurement Agent prior to
IV. SUBMISSION OF BIDS:
A. Bids shall be enclosed in sealed envelopes, addressed to the Paulding County Purchasing Office with the
name of the bidder, the date and hour of opening and the invitation to bid number on the face of the envelope.
Telegraphic/faxed bids will not be considered. Any addenda should be enclosed in the sealed envelopes as
B. Samples of items, when required, must be submitted within the time specified and, unless otherwise
specified by the County, at no expense to the County. Unless otherwise specified, samples will be returned at
the bidder’s request and expense if items are not destroyed by testing.
C. Items offered must meet required specifications and must be of a quality, which will adequately serve the
use and purpose for which intended.
D. Full identification of each item bid upon, including brand name, model, catalog number, etc. must be
furnished to identify exactly what the bidder is offering. Manufacturer’s literature may be furnished.
E. The bidder must certify that items to be furnished are new and that the quality has not deteriorated so as to
impair its usefulness.
F. Unsigned bids will not be considered except in cases where bid is enclosed with other documents, which
have been signed. The County will determine this.
G. Paulding County is exempt from federal excise tax and Georgia sales tax with regard to goods and services
purchased directly by Paulding County. Suppliers and contractors are responsible for federal excise tax and
sales tax, including taxes for materials incorporated in county construction projects. Suppliers and contractors
should contact the State of Georgia Sales Tax Division for additional information.
H. Information submitted by a bidder in the bidding process shall be subject to disclosure after the public
opening in accordance with the Georgia Open Records Act. Each page of proprietary information must be
identified. Entire bid may not be deemed proprietary.
V. WITHDRAWAL OF BID DUE TO ERRORS:
The bidder shall give notice in writing of his claim of right to withdraw his bid without penalty due to an error
within two (2) business days after the conclusion of the bid opening procedure. Bids may be withdrawn from
consideration if the price was substantially lower than the other bids due solely to a mistake therein, provided
the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake,
and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work,
labor or material made directly in the compilation of the bid, which unintentional arithmetic error or
unintentional omission can be clearly shown by objective evidence drawn from inspection of original work
papers, documents and material used in the preparation of the bid sought to be withdrawn. The bidder’s
original work papers shall be the sole acceptable evidence of error and mistake if he elects to withdraw his
bid. If a bid is withdrawn under the authority of this provision, the lowest remaining responsive bid shall be
deemed to be low bid.
No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor or
perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or
otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was
Bid withdrawal is not automatically granted and will be allowed solely at Paulding County’s discretion.
VI. TESTING AND INSPECTION:
Since tests may require several days for completion, the County reserves the right to use a portion of any
supplies before the results of the tests are determined. Cost of inspections and tests of any item, which fails to
meet the specifications, shall be borne by the bidder.
VII. F.O.B. POINT:
Unless otherwise stated in the invitation to bid and any resulting contract, or unless qualified by the bidder,
items shall be shipped F.O.B. Destination. The seller shall retain title for the risk of transportation, including
the filing for loss or damages. The invoice covering the items is not payable until items are delivered and the
contract of carriage has been completed. Unless the F.O.B. clause states otherwise, the seller assumes
transportation and related charges either by payment or allowance.
VIII. PATENT INDEMNITY:
The contractor guarantees to hold the County, its agents, officers or employees harmless from liability of any
nature or kind for use of any copyrighted or uncopyrighted composition, secret process, patented or
unpatented invention, articles or appliances furnished or used in the performance of the contract, for which
the contractor is not the patentee, assignee or licensee.
IX. BID BONDS AND PAYMENT AND PERFORMANCE BONDS (IF REQUIRED):
A five percent (5%) bid bond, a one hundred percent (100%) performance bond, and a one hundred percent
(100%) payment bond shall be furnished to Paulding County for any bid as required in bid package or
document. Failure to submit appropriate bonding will result in automatic rejection of bid. Bonding company
must be authorized to do business in Georgia by the Georgia Insurance Commission, listed in the Department
of the Treasury’s publication of companies holding certificates of authority as acceptable surety on Federal
bonds and as acceptable reinsuring companies, and have an A.M. Best rating as stated in the insurance
requirement of the solicitation.
A. Time payment discounts will be considered in arriving at net prices and in award of bids. Offers of
discounts for payment within ten (10) days following the end of the month are preferred.
B. In connection with any discount offered, time will be computed from the date of delivery and acceptance at
destination or from the date correct invoice or voucher is received, whichever is the later date. Payment is
deemed to be made for the purpose of earning the discount, on the date of the County check.
A. Award will be made to the lowest responsive and responsible bidder/bidders. The quality of the articles to
be supplied, their conformity with the specifications, their suitability to the requirements of the County, and
the delivery terms will be taken into consideration in making the award. The County may make such
investigations as it deems necessary to determine the ability of the bidder to perform, and the bidder shall
furnish to the County all such information and data for this purpose as the County may request. If an Award
of Contract has not been made within 60 days from the proposal opening date or within the extension
mutually agreed upon, the Vendor may withdraw the bid without further liability on the part of either party.
The County reserves the right to reject any bid if the evidence submitted by, or investigation of such bidder
fails to satisfy the County that such bidder is properly qualified to carry out the obligations of the contract.
B. The County reserves the right to reject or accept any or all bids and to waive technicalities,
informalities and minor irregularities in bids received.
C. The County reserves the right to make an award as deemed in its best interest, which may include awarding
a bid to a single bidder or multiple bidders; or to award the whole bid, only part of the bid, or none of the bid
to single or multiple bidders, based on its sole discretion of its best interest. In such case, no claim shall be
made by the selected Contractor(s) for loss of profit if the contract is not awarded or awarded for less work
than is indicated and for less than the amount of his bid. The total of the awarded contract shall not exceed the
available funds allocated for this project.
XII. DELIVERY FAILURES:
Failure of a contractor to deliver within the time specified or within reasonable time as interpreted by the
Purchasing Manager, or failure to make replacement of rejected articles/services when so requested,
immediately or as directed by the Purchasing Manager, shall constitute authority for the Purchasing Manager
to purchase in the open market articles/services of comparable grade to replace the articles/services rejected or
not delivered. On all such purchases, the contractor shall reimburse the County within a reasonable time
specified by the Purchasing Manager for any expense incurred in excess of contract prices, or the County
shall have the right to deduct such amount from monies owed the defaulting contractor. Alternatively, the
County may penalize the contractor one percent (1%) per day for a period of up to ten (10) days for each day
that delivery or replacement is late. Should public necessity demand it, the County reserves the right to use or
consume articles delivered which are substandard in quality, subject to an adjustment in price to be
determined by the Purchasing Manager.
XIII. COUNTY FURNISHED PROPERTY:
No material, labor or facilities will be furnished by the County unless so provided in the invitation to bid.
XIV. REJECTION AND WITHDRAWAL OF BIDS:
Failure to observe any of the instructions or conditions in this invitation to bid may constitute grounds for
rejection of bid.
Each bid is received with the understanding that the acceptance in writing by the County of the offer to
furnish any or all of the commodities or services described therein shall constitute a contract between the
bidder and the County which shall bind the bidder on his part to furnish and deliver the articles quoted at the
prices stated in accordance with the conditions of said accepted bid. The County, on its part, may order from
such contractor, except for cause beyond reasonable control, and to pay for, at the agreed prices, all articles
specified and delivered.
Upon receipt of a bid package containing a Paulding County “Sample Contract” as part of the requirements, it
is understood that the bidder has reviewed the documents with the understanding that Paulding County
requires that all agreements between the parties must be entered into via this document. If any exceptions are
taken to any part, each must be stated in detail and submitted as part of the bid. If no exceptions are stated, it
is assumed that the bidder fully agrees to the provisions contained in the “Sample Contract” in its entirety.
When the contractor has performed in accordance with the provisions of this agreement, Paulding County
shall pay to the contractor, within thirty (30) days of receipt of any payment request based upon work
completed or service provided pursuant to the contract, the sum so requested, less the retainage stated in this
agreement, if any. In the event that Paulding County fails to pay the contractor within sixty (60) days of
receipt of a pay requested based upon work completed or service provided pursuant to the contract, the
County shall pay the contractor interest at the rate of ½% per month or pro rata fraction thereof, beginning the
sixty-first (61st ) day following receipt of pay requests. The contractor’s acceptance of progress payments or
final payment shall release all claims for interest on said payment.
Bidder declares that the bid is not made in connection with any other bidder submitting a bid for the same
commodity or commodities, and that the bid is bona fide and is in all respects fair and without collusion or
fraud. An affidavit of non-collusion shall be executed by each bidder. Collusion and fraud in bid preparation
shall be reported to the State of Georgia Attorney General and the United States Justice Department.
The contract may be canceled or annulled by the Purchasing Manager in whole or in part by written notice of
default to the contractor upon non-performance or violation of contract terms. An award may be made to the
next low responsive and responsible bidder, or articles specified may be purchased on the open market similar
to those so terminated. In either event, the defaulting contractor (or his surety) shall be liable to the County for
costs to the County in excess of the defaulted contract prices; provided, however, that the contractor shall
continue the performance of this contract to the extent not terminated under the provisions of this clause.
Failure of the contractor to deliver materials or services within the time stipulated on his bid, unless extended
in writing by the Purchasing Manager, shall constitute contract default.
Except as otherwise provided in the contract documents, any dispute concerning a question of fact arising
under the contract which is not disposed of shall be decided after a hearing by the Purchasing Manager, who
shall reduce his/her decision to writing and mail or otherwise furnish a copy thereof to the contractor. The
decision of the procurement agent shall be final and binding; however, the contractor shall have the right to
appeal said decision to a court of competent jurisdiction.
Bidders offering and quoting on substitutions or who are deviating from the attached specifications shall list
such deviations on a separate sheet to be submitted with their bid. The absence of such a substitution list shall
indicate that the bidder has taken no exception to the specifications contained herein.
XX. INELIGIBLE BIDDERS:
The County may choose not to accept the bid of a bidder who is in default on the payment of taxes, licenses
or other monies due to the County. Failure to respond to three (3) consecutive times for any given
commodity/service may result in removal from the supplier list under that commodity/service.
XXI. OCCUPATION TAX CERTIFICATE: