Standby Paving Bid

Agency:	County of Paulding
State:	Georgia
Type of Government:	State & Local
NAICS Category:	237310 - Highway, Street, and Bridge Construction
Posted Date:	Nov 10, 2022
Due Date:	Dec 8, 2022
Bid Source:	Please Login to View Page
Contact information:	Please Login to View Page
Bid Documents:	Please Login to View Page

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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

Number 23007-3801

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

of Georgia.

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

GENERAL TERMS

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.

II. DELIVERY:

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

B. Words such as “immediate,” “as soon as possible,” etc. shall not be used. The known earliest date or the

minimum number of calendar days required after receipt of order (delivery A.R.O.) shall be stated (if calendar

days are used, include Saturday, Sunday and holidays in the number).

III. EXPLANATION TO BIDDERS:

Any explanation desired by a bidder regarding the meaning or interpretation of the invitation for bids,

drawings, specifications, etc. must be requested 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

bid submittal.

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

well.

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

submitted.

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.

X. DISCOUNTS:

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

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

B. In connection with any discount offered, time will be computed from the date of delivery and acceptance at

destination or from the date correct invoice or voucher is received, whichever is the later date. Payment is

deemed to be made for the purpose of earning the discount, on the date of the County check.

XI. AWARD:

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.

XV. CONTRACT:

Each bid is received with the understanding that the acceptance in writing by the County of the offer to

furnish any or all of the commodities or services described therein shall constitute a contract between the

bidder and the County which shall bind the bidder on his part to furnish and deliver the articles quoted at the

prices stated in accordance with the conditions of said accepted bid. The County, on its part, may order from

such contractor, except for cause beyond reasonable control, and to pay for, at the agreed prices, all articles

specified and delivered.

Upon receipt of a bid package containing a 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.

XVI. NON-COLLUSION:

Bidder declares that the bid is not made in connection with any other bidder submitting a bid for the same

commodity or commodities, and that the bid is bona fide and is in all respects fair and without collusion or

fraud. An affidavit of non-collusion shall be executed by each bidder. Collusion and fraud in bid preparation

shall be reported to the State of Georgia Attorney General and the United States Justice Department.

XVII. DEFAULT:

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.

XVIII. DISPUTES:

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.

XIX. SUBSTITUTIONS:

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:

Standby Paving Bid

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See Also

Bid Number:	23007-3801
Bid Title:	Standby Paving Bid
Category:	Construction/Infrastructure
Status:	Open