REQUEST FOR PROPOSALS #19-01

ICE VENDING MACHINE SERVICES 

CITY OF HIAWASSEE, TOWNS COUNTY GEORGIA REQUEST FOR PROPOSALS No. 19-01 

Title: ICE VENDING MACHINE SERVICES 

Issue Date:   June 24, 2019 

Due Date: July 12, 2019, 2PM, local time at the Office of the City Clerk. Submit:  SEALED PROPOSALS, One (1) Original and Four (4) copies Inquiries: Bonnie Kendrick, City Clerk, T: (706) 896-2202 

All questions regarding this solicitation shall be received in writing via email to: This email address is being protected from spambots. You need JavaScript enabled to view it. NO LATER THAN 2:00 pm, local time July 8, 2019 

In compliance with this Request for Proposal and subject to all the conditions thereof, the undersigned offers to furnish the goods/services requested and certifies he/she has read, understands, and agrees to all terms, conditions and requirements of this proposal and is authorized to contract on behalf of the firm named below. By my signature on this solicitation, I certify that this firm/individual is properly licensed for providing the goods/services specified.   

The Undersigned certifies that he (they) are the only person (persons) interested in said project and that it is made without connection with other persons submitting a proposal on the same scope of services; that the proposal is made without collusion, fraud, or reservation; that no official or employee of the City is directly or indirectly interested in said proposal, or any portion thereof. 

Scope of Work

Definitions: "Ice" means food intended for human consumption that is formed from drinking water by freezing to a solid state. 

 "Ice vending machine" means a self-service machine that acts as a stand-alone packaged ice plant and packaged ice dealer with no continual on-site personnel. 

“Packaged ice" means ice that is enclosed in a container and is offered for sale for human consumption. 

"Packaged ice dealer" means any business establishment that sells or offers to sell packaged ice at retail for human consumption and includes an operator of an ice vending machine.

 "Packaged ice plant" means any facility or part of a facility in which packaged ice is manufactured or processed, including an ice vending machine.  

Purpose

The City of Hiawassee, herein referred to as City, is seeking proposals from Ice Vending Machine Offerors to supply, operate, and provide an Ice Vending Machine for the Hiawassee Mayors Park.  The Mayors Park is located at 1000 US Highway 76, Hiawassee, Georgia.

Retained Rights and Responsibilities

The City will retain the following rights and responsibilities: 

• The right to correct deficiencies and charge the cost to the Offeror at cost plus 30% in the event vending equipment is not properly maintained by the Offeror 
• The right to inspect ice vending facilities 
• If the Contractor has not previously performed the services proposed, the City reserves the right to require a test period to determine if the Contractor can perform in accordance with the requirements of the contact, and to the City’s satisfaction. Such test period can be from thirty to ninety days, and will be conducted under all specifications, terms and conditions contained in the contract. This trial period will then become part of the initial contract period. A performance evaluation will be conducted prior to the end of the test period and that evaluation will be the basis for the City’s decision to continue with the Contractor or to select another Contractor (if applicable).
• The City will grant the Contractor exclusive rights to operate the ice vending service during the term of the contract and will not permit any similar services to be operated by other entities at the Park without the prior approval of the Contractor. The City reserves the right to exempt itself from this requirement for special events that are sponsored by the City. 
• The City shall approve any plan for modifications, physical improvements, signage, or additional fixtures to the vending area that are desired by the Contractor prior to implementation. 

Company Structure

The Offeror will include in the proposal the legal form of their business organization, the state in which incorporated (if a corporation), the types of business ventures in which the organization is involved, the office location that will be the point of contact during the term of any resulting contract, and a chart of the organization structure, including the reporting relationships, as they relate to this RFP. 

Service and Maintenance 

Offeror should provide the name and a detailed description of the qualifications of the proposed mechanic. Offeror should provide a comprehensive schedule of preventative maintenance to be followed during the term of an awarded agreement by which mechanical disruptions to vending efficiency shall be kept to a minimum. The Offeror’s policy on spare parts inventory should be included as well. 

Cash Handling Procedures 

Offeror should fully describe their systems for insuring safe and proper cash handling. The procedures, checks and balances and transportation methods from the vending machine through cash deposit should be described. Offeror should also describe their systems for reconciling and auditing cash sales per machine with collections and sales reports. 

Refund Policy: 

City requires that each Offeror submit its refund policy in writing. Ideally, the awarded contractor will have a refund website/email address and/or or phone number posted on the machines, where patrons can request a refund rather than contacting City staff. The machine must be labeled, identifying the appropriate point of contact for refunds. Label must include location of the refund office.  

Proposed Solution 

The Offeror will explain their solution to providing excellent customer service in conjunction with affordable pricing to energy efficient vending machines, etc. 

Technical Requirements 

1. Ice shall be manufactured, processed, and packaged using methods that preclude contamination of the ice
2. Air used for water agitation shall be filtered or otherwise treated to render it free of oil, dust, dirt, insects, and extraneous material;
3. Only potable water or water received from a public water system or from a nonpublic system that meets state drinking water quality standards, including any applicable sampling and testing requirements, may be used to manufacture ice that is intended for human consumption. Water from a public water system shall comply with (i) the provisions of the National Primary Drinking Water Regulations set forth in need40 C.F.R. Part 141 and (ii) any drinking water quality standards established by an agency of the State of Georgia. 
4. Each operator of an ice vending machine in the City of Hiawassee shall comply with the following requirements:
   1. The facility in which the ice vending machine is operated shall meet all applicable building, plumbing, electrical, and fire code requirements; 
   2. The floors, walls, and ceiling of the facility shall be smooth, nonabsorbent, easily cleanable, and kept clean and free of vermin;
   3. Potable water provided at the facility shall be from an approved source;
   4. The ice vending machine shall drain adequately by a floor drain or other system that does not permit water to pool inside the machine; 
   5. An adequate system shall be maintained for disposing of wastewater and chemicals used to clean the facility's floor; to wash, rinse, and sanitize the ice machine's ice bin; to clean dispensing devices; and for handwashing and similar purposes. All wastewater shall be drained to a wastewater disposal system approved by City; 
   6. The ice machine shall provide an RP backflow prevention device on the supply side of the unit water filter as required generally pursuant to applicable law for facilities at which food is prepared or sold. 
   7. Surfaces of the ice machine that are intended to come in contact with ice or water used to produce ice shall be (i) smooth, nonabsorbent, safe, durable, easily cleanable, and kept clean; (ii) made of corrosion-resistant material; (iii) free of lubricants, gears, bearings, and welds that are not of food grade; (iv) able to withstand repeated washing, rinsing, and sanitizing; and (v) comply with the requirements of the 2013 Food Code issued by the U.S. Food and Drug Administration regarding the protection of delivery tubes, chutes, and orifices used in dispensing self-service bulk ice; 
   8. Surfaces of the ice machine that are not intended to come in contact with ice or water used to produce ice shall be constructed of corrosion-resistant, nonabsorbent, easily cleanable and smooth material if exposed to splash, spray, or condensate; 
5. Once each calendar quarter, the operator of an ice vending machine shall conduct a microbiological analysis on a sample of each type of finished product sold at the ice vending machine and provides proof of negative results from the analysis conducted within the preceding 30 days with respect to the finished product to be sold at the ice vending machine location. Contractor shall maintain records of such analyses and make the records available to the City when received and upon request. 

Equipment requirements– Vending 

Contractor shall be solely responsible for providing all necessary equipment (e.g., vending equipment, bill changers, etc.) at no cost to the City. All equipment provided must be new condition. During the course the initial contract or renewal, the Contractor shall maintain the equipment in “like-new” condition. The City shall have the final say on the suitability of any and all equipment. Contractor shall have the sole responsibility of stocking, securing, servicing, and maintaining the equipment. All vending equipment provided shall be capable of accepting coins, bills and credit/debit cards. All equipment shall remain the sole property/responsibility of the Contractor. All machines and bill changers must be capable of accepting $1 and $5 bills.  

Machines must have non-reset cash meters for reporting sales and be able to accept cashless vending, such as debit cards and/or credit card readers. 

Each Offeror shall include a list indicating the type and model proposed and illustrated brochures with his/her proposal. The City reserves the right to negotiate and approve the type/model of equipment to be installed.  

All electrically operated vending machines furnished hereunder shall be equipped so as to provide thermal overload protection. In addition, all machines furnished hereunder shall be equipped with all necessary safety devices which shall be maintained in an operating condition at all times, and shall be listed by the Underwriters’ Laboratories, Inc. All product vending machines furnished hereunder must be approved by the National Sanitation Foundation and the National Automatic Merchandising Association. 

Offeror shall, at its expense, furnish, install, stock and maintain commercial grade, automatic ice vending equipment in a location, approved by the City and contractor, for the purpose of selling ice in unattended areas located on the premises of the Mayor City Park. These services shall be provided 24 hours per day, 365 days per year. 

The City shall not be responsible for any damages, theft or disappearance from break-in, burglary, or power failure due to hurricane, electrical storm, or any act of God. The Offeror shall be responsible for all slugs (counterfeit monies) and cash shortages. 

Decals in a form acceptable to City shall be affixed to all equipment providing refund, service request, unit number and comment information. 

All instances of damage, theft and/or vandalism shall be reported to the Hiawassee Police Department or alternate designee within 24 hours of the incident. 

The successful Offeror must initiate a preventative maintenance program to minimize breakdown. Machines will be maintained on a regular schedule for painting and refurbishing as Offeror deems necessary or sooner if requested by the city Representative. 

The vending machine as described are to remain the sole property of the Offeror, and the Contractor shall be financially responsible for obtaining and properly displaying all required insurance permits, licenses and bonding to comply with pertinent health, local board, regulations and municipal, state and federal laws. Further, the Contractor shall assume liability for all applicable taxes, including but not restricted to sales, property, and beverages. The City shall not be responsible for paying fees, taxes or other charges of any kind outside the scope of this contract. 

Offeror shall be solely responsible to provide a copy of their respective business licenses as required for the vending operations described herein. Copies of any required licenses shall be provided to City annually. 

Equipment shall be new and in superb condition.  The City retains the right to refuse any piece of equipment for any reason. Installed equipment must be of an energy efficient design, have industry standard safety features, a positive vend sensor and be UL listed.

All equipment shall be equipped with, at a minimum, dollar validators and coin operated mechanisms with change return, slug rejection and coin return features.   Equipment that offers credit card payment options is preferred. The City is not responsible to provide change or refunds.  Offeror will provide proper decal or signage on the machine that contains contact information to patrons if issues arise.

Offeror shall coordinate with the City staff to appropriately schedule the installation of equipment to accommodate the park schedule and any transitional requirements. Installation of the unit must be per manufacturer standards and in accordance with the Georgia State Minimum Standard Plumbing Code (is there such a code). Offeror is responsible to obtain allapplicable permits and provide a clean bacterial report to the City Building & Safety Permits department for review and acceptance prior to starting operation of the service. Offeror is responsible for all utility connections; not limited to electrical and plumbing and must be flood-proofed up to the level of two (2) feet above the flood elevation.  Per FEMA regulations, the ice vending machine must be anchored to the ground.    

The Contractor shall establish the required utility accounts to operate the ice vending machine with City of Hiawassee and Blue Ridge EMC and abide by the terms and conditions outlined in the respective Utility Services Applications and Agreements. 

Offeror shall be solely responsible for the immediate removal from the Park premises of any debris, packaging cartons, etc., resulting from the initial installation process as well as from subsequent repair/replacement processes of installed equipment. Offeror shall also be responsible for pre-cleaning, as necessary, any areas designated for installation. 

Reporting Requirements

Upon award of the contract, the City may require the Contractor to supply a surety deposit. This deposit shall be held by the City to guarantee performance of the contract. This deposit will be returned to the Contractor, without interest, at the end of the contract term or any renewal, upon the receipt of a satisfactory final audit. At the sole discretion of the City, any damages, outstanding fees or charges involving the Contractor may be deducted from the surety deposit.  

The Contractor shall collect, account and maintain complete and accurate records of all monies generated from the vending operations. Counters shall be provided in each machine for audit purposes. City reserves the right to randomly audit machines for verification of sales figures. 

The offeror shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the City of Hiawassee, whichever is sooner. The agency, its authorized agents, and/or City auditors shall have full access to and the right to examine any of said materials during said period.

 Contractor, during the course of the contract will provide: 

1. A monthly summary, by machine, of gross revenues due by the 10th day of the month following the month in which the revenue was realized. 
2. Commission checks that directly correspond to the revenue reported listed above. Commission checks are also due by the 10th day of the month following the month in which the revenue was realized. 

Service Requirements

The machine should be pulled out and cleaned behind and under at least two times per year.

All services and equipment must comply with the regulations of the Health Department and/or such other governmental agencies having authority in this area. 

The Offeror must conduct its machine operations in an orderly manner so as not to disturb, annoy, or be offensive to customers, patrons, or other tenants in the building where the vending machine is located.

The Offeror must check for expired or deficient product each visit. If expired or deficient product is found, it must be removed and documented. 

Offeror shall clean/sanitize and maintain installed equipment, changers, vending card readers and related components in good working order and shall be solely responsible for the expert maintenance and repair of equipment. 

Offeror shall furnish, at its own expense, a mechanic to service installed equipment, vending card readers and related components. Service requests shall be available 24 hours/7 days a week and repairs shall be made within 24 hours of service call.

Offeror shall remove and replace equipment that experiences repeat problems to ensure the highest possible customer satisfaction. 

Management Requirements

It is expected that the successful Offeror will have a route supervisor or marketing representative conduct on site visits/inspections at least monthly for quality assurance purposes. It is required that the successful Offeror designate a management representative to be the City point of contact with the company. This representative is also expected to schedule a bi-annual visit with the city to review performance and goals. 

Offeror shall provide adequate and expert managerial and administrative supervision and oversight of its machine and its operation. 

Employees of the Offeror shall abide by applicable county and city policies and procedures while on county and city property.  

Any addition, substitution, removal or relocation of the ice vending machine or any peripheral equipment shall not be undertaken by Offeror without prior written approval of the City.

Offeror shall bear any and all losses sustained due to the theft of monies, products and/or damage to its equipment while housed at Mayor’s Park.

Offeror shall not use the name or any logos of City in connection with any activities not covered by this RFP, or in any marketing or promotional activity, without the prior written consent of the City. Contractor advertising for services, discounts, or special deals rendered at locations other than the Mayors Park are prohibited. 

General Financial Requirements

The commission paid to City monthly shall be a negotiated amount “per bag sold”. Commission payments are due monthly and must be paid by the 10th day of the month. The City retains the right to negotiate the guaranteed amount initially prior to contract award and annually with the Vendor, at time of contract renewal. 

Pricing

Offeror shall propose price that product shall vend at for one full contract year.  Any request for price increases shall be forwarded to the City Clerk at least 60 days in advance of contract renewal for review and consideration. Requests for price changes must be justified and will not typically be considered except for implementation on the anniversary of the contract. 

Termination

City may terminate the agreement immediately without prejudice to any right of action or remedy if the service provider after 5 days written notice fails to: 

1. Make commission payments when payments are more than thirty days overdue; 
2. Maintain the highest daily standards of sanitation; 
3. Provide adequate personnel to provide efficient service; 
4. Provide proper maintenance of machines; 
5. Keep machines adequately stocked with fresh product; 
6. Maintain the required insurance, or; 
7. In any other manner to perform the requirements of the Contract Documents

Removal of Service Provider 

All Service Provider’s property placed on Mayor’s Park shall be removed 10 days before the expiration of the Agreement. In the event of termination, the Service Provider shall have five days exclusive of Saturdays, Sundays and holidays, after written notification of termination of the Agreement has been served to the Service Provider, to remove its property. 

Evaluation Criteria 

• Experience of the firm relative to the scope of work contained in this RFP. This section shall include recent project information of similar type completed by the Offeror in the United States of America, along with the name and telephone number of the point of contact for each project; (10%) 
• Capability and skills relative to the scope of the project; (20%) 
• Quality and Suitability of goods and services to be provided; (30%) 
• Cost/Pricing Schedule for goods and services (40%)

 Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the Request for Proposal, including price if so stated in the Request for Proposal. Negotiations shall then be conducted with each of the offerors so selected. Price shall be considered but need not be the sole or primary determining factor. After negotiations have been conducted with each offeror so selected, the City shall select the offeror which, in its opinion, has made the best proposal and provides the best value, and shall award the contract to that offeror. When the terms and conditions of multiple awards are so provided in the Request for Proposal, awards may be made to more than one offeror. Should the City determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. 

Proprietary information from competing Offerors shall not be disclosed to the public or to competitors.  

City may cancel this RFP or reject proposals at any time prior to an award and is not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous.  The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor's proposal as negotiated. 

1. SPECIAL TERMS AND CONDITIONS 

 PRECEDENCE IN TERMSIn the event of a conflict, the Special Terms & Conditions shall take precedence. 

 CONTRACTORS TITLE TO MATERIALSNo materials or supplies for the work shall be purchased by the contractor or by any subcontractor subject to any security interest, installment or sales contract or any other agreement or lien by which an interest is retained by the seller or is given to a secured party. The contractor warrants that he has clear title to all materials and supplies which he uses in the work or for which he accepts payment in whole or in part. 

 EXTRA CHARGES NOT ALLOWEDThe bidder’s offered price for the work shall include furnishing, delivering and installing the required equipment; no extra charges shall be allowed. 

 DELIVERY AND STORAGE,It shall be the responsibility of the contractor to make all arrangements for delivery, unloading, receiving and storing materials. The City will not assume any responsibility for receiving these shipments. Contractor shall check with the City and make necessary arrangements for security and storage space if required. 

 FINAL INSPECTIONAt the conclusion of the work, the contractor shall demonstrate to the authorized City’s representative that the work is fully operational and certify that it is in compliance with contract specifications and codes. Any deficiencies shall be promptly and permanently corrected by the contractor at the contractor’s sole expense prior to final acceptance of the work. 

 WARRANTYThe contractor agrees that the goods or services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the contractor gives any customer for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the City by any other clause of this solicitation. A copy of this warranty should be furnished with the bid. At a minimum, all materials, equipment and labor shall be fully guaranteed by the contractor against defects resulting from the use of inferior materials, equipment, or workmanship for one (1) year from the date of final acceptance of the entire project by the City in writing. 

The contractor warrants that, unless otherwise specified, all materials and equipment incorporated in the work under the contract shall be new, in first class condition, and in accordance with the contract documents. The contractor further warrants that all workmanship shall be of the highest quality and in accordance with contract documents and shall be performed by persons qualified at their respective trades. Defects discovered during the warranty period shall be corrected by the contractor to the City’s satisfaction, at no cost to the City and shall be subject to the provisions of this clause to the same extent as materials initially delivered. 

 WORK SITE DAMAGESAny damage to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to the City’s satisfaction at the contractor’s expense. 

SUPERINTENDENCE BY CONTRACTORThe contractor shall have a competent foreman or superintendent, satisfactory to the City, on the job site at all times during the progress of the work. The contractor shall be responsible for all construction means, methods, techniques, sequences, and procedures, for coordinating all portions of the work under the contract except where otherwise specified in the contract documents, and for all safety and worker health programs and practices. The contractor shall notify the City, in writing, of any proposed change in including the reason therefore prior to making such change. 

 USE OF PREMISES AND REMOVAL OF DEBRIS: The contractor shall:  

Perform his contract in such a manner as not to interrupt or interfere with the operation of any existing activity on the premises or with the work of any contractor; 

Store his apparatus, materials, supplies, and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractor; and 

Place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work. 

The contractor expressly undertakes, either directly or through his subcontractor(s), to effect all cutting, filling, or patching of his work required to make the same conform to the drawings and specifications, and, except with the consent of the City, not to cut or otherwise alter the work of any other contractor. The contractor shall not damage or endanger any portion of the work or premises, including existing improvements, unless called for by the contract. 

The contractor expressly undertakes, either directly or through his subcontractor(s), to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly, and workmanlike appearance. No such refuse, rubbish, scrap material, and debris shall be left within the completed work nor buried on the building site but shall be removed from the site and properly disposed of in a licensed landfill or otherwise as required by law. 

The contractor expressly undertakes, either directly or through his subcontractor(s), before final payment, to remove  all surplus material, false work, temporary structures, including foundations thereof, plants of any description and debris of every nature resulting from his operations and to put the site in a neat, orderly condition; to thoroughly clean and leave reasonably dust free all finished surfaces including all equipment, piping, etc., on the interior of all buildings included in the contract; and to thoroughly clean all glass installed under the contract including the removal of all paint and mortar splatters and other defacements. If a contractor fails to clean up at the completion of the work, the City may do so and charge for costs thereof to the contractor. 

 SAFETYThe Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work complying with any and all federal, state and local regulatory guidelines such as, but not limited to the Occupational Safety and Health Administration (OSHA) and the Georgia Occupational Safety and Health Administration (GOSH) 

 The Contractor shall submit a Safety Certification Form. A copy of the Safety Certification 

 Form is included as Attachment B. 

 WORK PERFORMANCEThe Contractor shall perform the work in accordance with manufacturer’s recommendations and specifications. 

 CONTRACTOR   RESPONSIBILITIESEmployees of the contractor must be able to work within a public setting without creating a disruption and conform to all policies, rules and regulations. Contractor shall require that their employees to be courteous at all times and not to use loud or profane language. Contractor shall require that its employees shall not trespass, loiter, cross property to adjoining premises, or tamper with property not covered by the contract resulting from this solicitation. 

 The Contractor shall be solely responsible for job site conditions and completely supervising and directing the work under this contract and all subcontractors that he may utilize. Subcontractors who perform work under this contract shall be responsible to the Contractor. The Contractor agrees that he is fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees. These requirements will apply continuously and not be limited to working hours. 

 It is the contractor’s responsibility to have equipment of suitable type, and in proper condition to operate and maintain uninterrupted schedules. 

 It is the contractor’s responsibility to follow schedules and instructions provided by designated City contacts. 

 PROTECTION OF PERSONS AND PROPERTYThe Contractor expressly undertakes, both directly and through its subcontractors, to take every precaution at all times for the protection of persons and property, including City employees and property. 

 EMERGENCYIn an emergency affecting the safety of life, the Work, or of the adjoining property, the Contractor, without special instruction or authorization from the City, shall act to prevent threatened loss or injury. Any compensation, claimed by the Contractor on account of emergency work, shall be determined by agreement between the City and the Contractor. 

DAMAGESThe Contractor shall be responsible for damage or injury to property during the prosecution of the Work resulting from any act, omission, neglect, or misconduct in the method of executing the Work or attributable to defective Work or materials.    This responsibility shall not be released until final acceptance of the Project by City. 

When direct or indirect damage is done to property by or on account of any act, omission, neglect or misconduct in the method of executing the Work or in consequence of the non-execution thereof on the part of the Contractor, the Contractor shall restore such property to a condition similar or equal to that existing before such damage was done by repairing, rebuilding or restoring, as may be directed by the City, or making settlement with the property City. The Contractor shall secure from the property City a release from any claim against the City without additional compensation, therefore. A copy of this release shall be furnished to the City. 

RESTORATIONAll private and public property disturbed in the process of construction shall be restored to the condition existing prior to construction. Proper notice shall be given to the City and to the homeowners of any expected inconvenience or hazardous condition. Special care must be taken to prevent damage to trees and shrubs. Road surfaces adjacent to excavations shall be cleaned of soil with mechanical brooms at the end of the working day. 

All surplus materials shall be disposed of in a manner acceptable to the City, and the construction area shall be left in a neat condition. No machinery or equipment shall be left or stored on the job site after the project is completed. 

 LABELING OF HAZARDOUS SUBSTANCESIf the items or products requested by this solicitation are “Hazardous Substances” as defined by Section 1261 of Title 15 of the United States Code (U.S.C.) or “Pesticides” as defined in Section 136 of Title 7 of the United States Code, then the bidder/offeror, by submitting his bid/proposal, certifies and warrants that the items or products to be delivered under this contract shall be properly labeled as required by the foregoing sections and that by delivering the items or products the bidder/offeror does not violate any of the prohibitions of Title 15 U.S.C. Section 1263 or Title 7 U.S.C. Section 136. 

 SAFETY DATA SHEETSSafety Data Sheets (SDS) and descriptive literature shall be provided for each chemical and/or compound offered. 

 DATE OF COMMENCEMENT AND COMPLETIONThe date of commencement shall be established in a written Notice to Proceed issued by the City. Work under the Contract shall be completed within time frame established in the Notice to Proceed. 

 MATERIALS AND WORKMANSHIPThe Contract Documents describe the character and features of the materials and workmanship required to perform the Work. The Contract Documents require first class work and materials in all particulars. It is understood that the contract includes any and all work that may be necessary to connect the work done with the adjoining work in a proper and workmanlike manner. 

 The City reserves the right to employ an independent testing laboratory to conduct tests of materials, etc. as the City may deem necessary to assure complete compliance with the requirements of the specifications. The Contractor shall offer full cooperation with personnel in the employ of the City in making these tests. 

 NO DEVIATION FROM CONTRACT DOCUMENTS BY THE CONTRACTORIn performing the Work, the Contractor shall not deviate from the Contract Documents without the written consent of the City. If the Contractor does deviate from the Contract, he shall correct the error at his expense in a manner satisfactory to the City.

INTERPRETATION OF CONTRACT DOCUMENTSIn case of discrepancy between or among Contract Documents, the City shall make such interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents as construed by him and his decision shall be final. 

The Contractor shall verify all figures and will be responsible for the proper coordination of all dimensions as well as the different parts of the Work. 

 DISCREPANCIESThe Contractor shall immediately report to the City, in writing, any discrepancies found between the Contract Documents and site conditions or any inconsistencies or ambiguities in the Contract Documents. The City shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. 

 INSURANCE

The Contractor shall provide and keep in full force and affect during the performance of the Work the kinds and amounts of insurance specified below and shall comply with all other provisions of this Section. Such insurance shall be provided and kept in full force by insurance companies authorized to do business in the State of Georgia, with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the city, and regulated by the Georgia Bureau of Insurance.  All premiums and other costs of such insurance shall be paid by the Contractor. It will be assumed that the consideration paid or to be paid to the Contractor for the performance of the Work includes the premiums and other such costs of such insurance, and the City shall not be responsible, therefore. Each insurance policy and certificate of insurance shall be signed by duly authorized representatives of such insurance companies in the State and shall be countersigned by duly authorized agents of such companies. The Contractor shall not be required to furnish the City with copies of the insurance contracts required by this Section unless requested from time to time by the City; but the Contractor shall provide on forms furnished by the Insurance Company or City a Certificate of Insurance and required additional insured endorsement page issued by such Insurance Companies, in which the company shall irrevocably warrant that the insurance is provided to enable the Contractor to comply with and provide the required insurance; (provided, however, that in no event shall the insurance contract be expanded to afford coverage which is greater than the maximum coverage approved for writing in the State of Georgia) that it will not be canceled unless at least thirty days' prior notice to the effect is given to the City, anything in such insurance contract to the contrary notwithstanding, and that the insurance contract has been endorsed accordingly. 

The Contractor shall provide the certificate of insurance and additional insured endorsement page to the City within 10 Days following the Notice of Award. 

• Workers Compensation and Employers Liability Coverage A - Statutory 

Coverage B - $100,000/$100,000/$500,000 

A broad form of all state’s endorsement should be attached. 

• Commercial Auto Liability Including Hired and Non-Owned Car Liability Coverage 

 Limit of Liability $1,000,000 Per Occurrence 

The Contractor shall purchase and maintain during the life of this Contract such commercial automobile liability insurance including employer’s non- ownership liability and hired car liability insurance to protect him and any subcontractors performing work covered by this Contract from claims for damages, whether such operations be by him or any subcontractor, or by anyone directly or indirectly employed by either of them. 

• Commercial General Liability Including Contractual and Completed Operations. 

 Limit of Liability   $1,000,000 Per Occurrence 

• Excess LiabilityIncluding  Employers Liability, Commercial  Auto Liability, and Commercial General Liability.

Limit of Liability $1,000,000 Per Occurrence 

The Contractor shall file with the City, as herein before required, satisfactory proof of acceptable insurance coverage. Such proof shall, unless otherwise required by the City, consist of the following: 

 (a) Certificates of insurance on the insurance carrier’s standard form indicating all policies required by law and the Contract documents. Certificates of insurance shall be furnished in a number of copies equal to the number of counterparts of the Contract documents executed. Contractor shall notify City immediately if Contractor receives notification of non-renewal or cancellation. 

• The Contractor shall be responsible for securing the work site and shall assume all risk for vandalism or other damage that may occur, to project components, during construction. 
• City shall be endorsed as Additional Insured on the Commercial General Liability per ISO CG 20 01 0413 on a primary basis. The Contractor shall obtain a waiver of subrogation from its insurers on Worker’s Compensation and All Risk Insurance policies. This requirement may be satisfied by obtaining appropriate endorsements to any master or blanket policy of insurance maintained. Hiawassee City Commercial General Liability shall not contribute in any loss payment insured under the Contractor’s Commercial General Liability policy. 

1. PROPRIETARY INFORMATION 

Ownership of all data, materials, and documentation originated and prepared for City pursuant to this RFP shall belong exclusively to the City’s and be subjected to public inspection. Trade secrets or propriety information submitted by an Offeror shall not be publicly disclosed under the Georgia Freedom of Information Act; however, the Offeror shall invoke the protection of the section prior to or upon submission of the data or other materials and must identify the data or other materials to be protected and state the reasons why protection is necessary. Disposition of material after award is made should be stated by the Offeror. Offerors should indicate on the Request for Proposal Cover Sheet the portions of their proposal that are proprietary. Please list the page numbers and the reason(s). Do not mark the whole proposal proprietary.

III. CONTRACTUAL AGREEMENT 

 The resulting contract from this RFP shall be for one (1) year from the date of issue with option to renew for four (4) additional years, one (1) year at a time after the initial one (1) year period. 

 The negotiated fee schedule based on the Scope of Services, and terms and conditions contained herein will be incorporated into the Standard Contract (Sample Provided as Attachment “C” along with the RFP, any addenda and modifications thereto. Any concerns regarding the Standard Contract shall be addressed within the proposal response. 

 The Offeror shall inform himself in full of the conditions relating to the performance of the contract. Failure to do so shall not relieve the successful Offeror of his obligations to provide all supervision, supervision, labor, materials, supplies, equipment, quality assurance and other services as required in accordance with the Contract Documents. 

 Contract renewal rates for services shall be negotiated on an annual basis and mutually agreed to by both parties prior to executing the contract renewal. 

1. I AWARD AND EXECUTION OF AGREEMENT 
2. Notice of Award. A Notice of Award will be issued by the City, or the proposals rejected as soon as reasonably possible, but no later than 90 Days after the date of the opening of the Proposal. The City may, in its sole discretion, release any Offer, prior to that date, or extend the acceptance period an additional 90 days with the consent of the successful Offeror. The City reserves the right to waive any informality or technical defects, to reject any and all Offers in whole or in part, and may advertise for new Proposals if, in its judgment, the best interests of the City will be served. 
3. Signing of Agreement. When the City gives a Notice of Award to the successful Offeror, it will be accompanied by 2 original copies of the Agreement, with all other written Contract Documents attached. Within 10 Days thereafter the Offeror shall sign and deliver the required number of copies of the Agreement and attached documents to the City with the required Bonds and Certificate of Insurance with additional insured endorsement page. Within 30 Days thereafter the City shall deliver one fully signed copy to the Offeror. If the successful Offeror fails to execute the Agreement within the time specified, the City, at its discretion, may award the Work to the second successful Offeror, or reject all proposals. 
4. ATTACHMENTS 

Attachment A: Safety Certification Form 

Attachment B: Certification of Compliance with Immigration Laws and Regulations 

 

Attachment A:

Safety Certification Form

To:  City of Hiawassee Project Title: ICE VENDING SERVICES MAYORS PARK

Project Safety Responsibility (Name)_______________________ Number: _____________ 

Emergency Contact (Name)_______________________________Number: _____________ 

The undersigned hereby attests that the project has been carefully evaluated for the safety risks it presents and all safety procedures required based on these risks by Georgia Occupational Safety & Health, referenced in the quote document, will be implemented. Georgia Occupational Safety & Health and all other applicable Federal, State and local laws referenced in the quote document, will be implemented.  All workers on this project will be properly trained on the use of safety equipment and safe work practices.  

By: _____________________________________________________________ (Type Name and Title) 

__________________________________________________________ (Signature)   (Date) _________

 

ATTACHMENT B 

Need Georgia Certification of Compliance with Immigration Laws and Regulations