Breathing Air-Light Trailer

INVITATION NO. 22-101553 Page 1 of 49 DeKalb County Department of Purchasing and Contracting Maloof Administration Building, 1300 Commerce Drive, 2nd Floor, Decatur, Georgia 30030 December 19, 2022 INVITATION TO BID (ITB) NO. 22-101553 FOR BREATHING AIR-LIGHT TRAILER DEKALB COUNTY, GEORGIA Procurement Agent: Tammy Shew Phone: 404-687-2796 Email: tgarmon@dekalbcountyga.gov Deadline for Submission of Questions: 5:00 P.M. ET, January 11, 2023 Bid Opening: 3:00 P.M. ET, January 23, 2023 ________________________________________________________________________________________________________ FIRM’S NAME AND ADDRESS: (Street, City, State and Zip Code. Type or print): Federal Tax ID No. ______________________________ ARE YOU A DEKALB COUNTY FIRM? Yes ____ No ____ TELEPHONE AND FAX NUMBERS WITH AREA CODE: Phone: ________________________________________ Fax: __________________________________________ E-mail:

________________________________________ SIGNATURE OF PERSON AUTHORIZED TO SIGN BID AND DATE: _______________________________________________ SIGNER’S NAME AND TITLE (Type of Print): _______________________________________________ THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS BID TO THE DEPARTMENT OF PURCHASING AND CONTRACTING OF DEKALB COUNTY GOVERNMENT ON OR BEFORE THE STATED DATE AND TIME WILL BE SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER. INVITATION NO. 22-101553 Page 2 of 49 TABLE OF CONTENTS FOR INVITATION TO BID NO. 22-101553 TITLE PAGE NO. INVITATION TO BID OVERVIEW 3-4 INVITATION TO BID PROCEDURES 5-8 GENERAL TERMS AND CONDITIONS 9-19 MINIMUM SPECIFICATIONS 20-28 PRICE SCHEDULE 29 BID ACKNOWLEDGEMENT FORM 30 REQUIRED DOCUMENTS CHECKLIST AND ATTACHMENTS 31-49 INVITATION NO. 22-101553 Page 3 of 49 INVITATION TO BID OVERVIEW A. PURPOSE: DeKalb County Government (the County) is soliciting bids for ITB#22-101553, “Breathing Air-Light Trailer” from responsible contractors. B. GENERAL INFORMATION: 1. BID TIMETABLE: The anticipated schedule for the bid process is as follows: Date Issued.......................................December 19, 2022 Deadline for Submission of Questions...... ..5:00 P.M. ET, January 11, 2023 Bid Opening.......................................3:00 P.M. ET, January 23, 2023 Bids Valid Until................................Bids shall be valid for 90 days from and including the bid opening date. Sealed bids are to be addressed and delivered to: DeKalb County Department of Purchasing and Contracting Maloof Administration Building 1300 Commerce Drive, 2nd Floor Decatur, Georgia 30030, not later than 3:00 P.M. ET, January 23, 2023 Submit one original bid package (inclusive of the entire Invitation to Bid document and required documents) stamped “Original” and one identical flash drive” of the bid package to the address listed above. 2. CONTACT PERSON: The contact person for this bid is Tammy Shew, Procurement Agent. General inquiries concerning the meaning or interpretation of this Invitation to Bid (ITB) may be requested from Tammy Shew via telephone at (404) 687-2796 or via email at tgarmon@dekalbcountyga.gov. Questions and requests for information or clarification concerning the specifications in this ITB must be submitted to the above listed contact person via email no later than the date and time listed in the bid timetable. Questions and requests received after the above stated time or sent to anyone other than the listed contact person will not receive a response or be the subject of addenda. 3. QUESTIONS: All requests must be in writing. Any explanation desired by a bidder regarding the meaning or interpretation of the Invitation to Bid, drawings, specifications, requirements, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before the submission of their bids. If any statement in the bidding documents, specifications, plans, etc., appear ambiguous to the Bidder, Bidder is specifically instructed to make a written request to the Department of Purchasing and Contracting as outlined in the preceding sentence. Any information given to a prospective bidder concerning an Invitation to Bid will be furnished to all prospective bidders, as an addenda to the Invitation, if such information is necessary to bidders in submitting bids on the Invitation or if the lack of such INVITATION NO. 22-101553 Page 4 of 49 information would be prejudicial to uninformed bidders. Oral explanations or instructions given before the award of the contract will not be binding. No responses to requests, answers to specification questions, or additional information shall be supplied after “January 11, 2023”. 4. ADDITIONAL INFORMATION/ADDENDA: The County will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the bid opening date. Bidders should not rely on any representations, statements or explanations other than those made in this ITB or in any addendum to this ITB. Where there appears to be a conflict between the ITB and any addenda issued, the last addendum issued will prevail. It is the responsibility of the Bidder to ensure awareness of all addenda issued for this solicitation. Please acknowledge the addenda and submit to the DeKalb County Department of Purchasing and Contracting as requested. Bidders may contact the above listed contact person to verify the number of addenda prior to submission. Addenda issued for this ITB will be posted on DeKalb County’s website, http://www.dekalbcountyga.gov/purchasing/pc_index_formal_solicitations.html. Bidder should regularly check the County’s website for addenda. http://www.dekalbcountyga.gov/purchasing/pc_index_formal_solicitations.html INVITATION NO. 22-101553 Page 5 of 49 INVITATION TO BID PROCEDURES A. BIDDER INFORMATION: 1. Failure to return all pages of this Invitation to Bid may result in bid being deemed non-responsive. 2. Minimum specifications are intended to be open and non-restrictive. Contractors are invited to inform the DeKalb County Department of Purchasing and Contracting whenever specifications or procedures appear not to be fair and open. Such information should be supplied as early in the procurement process as possible. Information received in less than five (5) days prior to the scheduled bid opening will not be acted upon unless the DeKalb County Department of Purchasing and Contracting rules that it is in the best interest of the County to consider. 3. Brand names and numbers when provided in solicitations are for reference and to establish a quality standard. Any reference to a brand name shall not be construed as restricting Bidders to that manufacturer (unless “no substitutes” is stated). Bids on equal items will be considered, provided the bid clearly describes the article offered and it is equal or better in quality and function and fully compatible with this requirement. 4. By submitting a bid, Bidder warrants that any goods or services supplied to DeKalb County Government meet or exceed the specifications set forth in this solicitation. 5. If any supplies, materials, and equipment are provided to the County under this solicitation, then such items shall be new and in first-class condition unless the solicitation specifically allows offers of used, reconditioned, or remanufactured items. If newly manufactured products are specified, such products shall be of recent origin and not previously used. No equipment of any type is acceptable if serial numbers or any other manufacturer’s identification labels or marks have been removed, obliterated, or changed in any way. A Contractor delivering any such equipment to the County will be deemed to have breached the contract and appropriate action will be taken by the DeKalb County Government Purchasing and Contracting Department. 6. Time of delivery is a part of the solicitation and an element of the contract that is to be awarded. If the Bidder cannot meet the required service delivery dates, a bid should not be submitted. Failure to deliver in accordance with the contract could result in the Contractor being declared in default. 7. Bid Withdrawal Bids may be withdrawn at any time prior to the bid opening. After bids have been publicly opened, withdrawal of bids shall be based upon Part 3, Section IV, F. within the DeKalb County Purchasing Policy. 8. Expenses of Preparing Responses to this ITB The County accepts no responsibility for any expenses incurred by Bidders who submit bids in response to this ITB. Such expenses are to be borne exclusively by the Bidders. 9. It is the responsibility of each Bidder to ensure that its submission is received by 3:00 p.m. on the bid due date. The time/date stamp clock located in the Department of Purchasing & Contracting shall serve as the official authority to determine lateness of any bid. The bid opening time shall be strictly observed. Be aware that visitors to our offices will go through a security screening process upon INVITATION NO. 22-101553 Page 6 of 49 entering the building. Bidders should plan enough time to ensure that they will be able to deliver their submission prior to our deadline. Late submissions, for whatever reason, will not be evaluated. Bidders should plan their deliveries accordingly. Telephone or fax bids will not be accepted. 10. Federal Work Authorization Pursuant to O.C.G.A. §13-10-91, the County cannot enter into a contract for the physical performance of services unless the Contractor, its Subcontractor(s) and sub-subcontractor(s), as that term is defined by state law, register and participate in the Federal Work Authorization Program to verify specific information on all new employees. The Bidder certifies that he/she has complied and will continue to comply throughout the contract term with O.C.G.A. §13-10-91 and any related and applicable Georgia Department of Labor Rule. Contractor agrees that in the event it employs or contracts with any Subcontractor(s) in connection with this contract, Contractor will secure from each Subcontractor an affidavit that certifies the Subcontractor’s current and continuing compliance with O.C.G.A. §13-10-91 throughout the contract term. Each Subcontractor agrees that in the event it employs or contracts with any sub-subcontractor(s), each Subcontractor will secure from each sub- subcontractor an affidavit that certifies the sub-subcontractor’s current and continuing compliance with O.C.G.A. §13-10-91 throughout the contract term. 11. LSBE Information a. It is the objective of the Chief Executive Officer and Board of Commissioners of DeKalb County to provide maximum practicable opportunity for all businesses to participate in the performance of government contracts. The current DeKalb County List of Certified Vendors may be found on the County website at: http://www.dekalbcountyga.gov/purchasing/pdf/supplierList.pdf b. For further details regarding the DeKalb First Local Small Business Enterprise Ordinance, contact the LSBE Program representative at pcadmin-ops@dekalbcountyga.gov or (404) 371- 7051. 12. First Source Jobs Information The DeKalb County First Source Jobs Ordinance requires contractors or beneficiaries entering into any type of agreement with the County, including purchase orders, regardless of what they may be called for the procurement or disposal of supplies, services, construction projects, professional or consultant services, which is funded in whole or part with County funds or County administered funds in which the contractor is to receive $50,000 or more in County expenditures or committed expenditures and recipient of urban redevelopment action grants or community development block funds administered in the amount of $50,000 or more make a good faith effort to hire DeKalb County residents for at least 50% of jobs using the First Source Registry (candidate database). The work to be performed under this contract is subject to the provisions of the DeKalb County First Source Jobs Ordinance. For more information on the First Source Jobs Ordinance requirement, please contact WorkSource DeKalb at www.dekalbworkforce.org or 404-687-3400. http://www.dekalbcountyga.gov/purchasing/pdf/supplierList.pdf mailto:pcadmin-ops@dekalbcountyga.gov http://www.dekalbworkforce.org/ INVITATION NO. 22-101553 Page 7 of 49 13. Attention to General Terms and Conditions Bidders are cautioned to thoroughly understand and comply with all matters covered under the General Terms and Conditions section of this ITB. The successful Bidder(s) will enter into a contract approved by the County. The County’s ITB document and attachments, subsequent County addenda, and the Bidder’s response documents are intended to be incorporated into a contract. All Bidders should thoroughly review this document prior to submitting a bid. Any proposed revisions to the terms or language of this document must be submitted in writing with the bid. Since proposed revisions may result in a bid being rejected if the revisions are unacceptable to the County, bidders should review any proposed revisions with an officer of the firm having authority to execute the contract. No alterations can be made in the contract after award is made. 14. Required Signatures Bids must be signed by an officer or agent of the firm having the authority to execute contracts. 15. Ethics Rules Bidders are subject to the Ethics provision within the DeKalb County Purchasing Policy; the Organizational Act, Section 22A, the Code of DeKalb County; and the rules of Executive Order 2014-4. Any violations will be addressed, pursuant to these policies and rules. To the extent that the Organizational Act, Section 22A, the Code of DeKalb County, and the rules of Executive Order 2014-4 allow a gift, meal, travel expense, ticket, or anything else of value to be purchased for a CEO employee by a contractor doing business with the County, the contractor must provide written disclosure, quarterly, of the exact nature and value of the purchase to the Chief Integrity Officer, if created, or the Finance Director or his/her designee. Every contractor conducting business with the County will receive a copy of these ethical rules at the time of execution of the contract. 16. Business License Please provide a copy of a valid company business license with your bid or upon award. Georgia companies are to submit a valid county or city business license. Contractors that are not Georgia companies are to provide a certificate of authority to transact business in the State of Georgia and a copy of a valid business license issued by its home jurisdiction. If Bidder holds a professional certification which is licensed by the state of Georgia, then Bidder may submit a copy of its valid professional license with Bidder’s bid or upon award unless the Minimum Specifications require submittal with the bid. Any license submitted in response to this ITB shall be maintained by the Contractor for the duration of the contract. B. BID SUBMITTAL: 1. All bids should be completed in ink or typewritten. Errors should be crossed out and corrections entered in ink or typewritten adjacent to the error. The person signing the bid should initial corrections in ink. 2. Bidders shall complete and submit Attachment A - Required Documents Checklist and all documents responsive to this requirement with the bid submittal. 3. If applicable, provide evidence that the Bidder is a DeKalb County Firm. INVITATION NO. 22-101553 Page 8 of 49 4. Bids must be submitted in a sealed envelope(s) or box(es) with the Bidder’s name and ITB#22-101553, “Breathing Air-Light Trailer” on the outside of each envelope or box. All Bidders delivering submittals via delivery services, please place the sealed bid envelope(s) or box(es) inside the delivery service envelope(s) or box(es). Bidders are responsible for informing any delivery service of all delivery requirements. No responsibility shall attach to the County for the premature opening of a submission not properly addressed and/or identified. The Decatur postmaster will not deliver certified or special delivery mail to specific addresses within DeKalb County Government. C. CONTRACT AWARD: 1. Bids submitted will be evaluated and recommended for award to the lowest, responsive and responsible Bidder(s). 2. The County reserves the right to reject any and all bids, to waive informalities, and to re-advertise. 3. The judgment of DeKalb County Purchasing and Contracting on matters, as stated above, shall be final. INVITATION NO. 22-101553 Page 9 of 49 GENERAL TERMS AND CONDITIONS A. In the event of a conflict between any provisions contained in any of the documents governing this transaction, the following shall be the order of precedence: Change Orders or modifications; the Contractor’s accepted Response; and the County’s ITB. B. The Contractor’s services shall include all things, personnel, and materials necessary to provide the goods or services that are in compliance with the specifications as authorized by the County. C. DELIVERY: 1. Delivery of services or goods will commence within 180 calendar days upon request. Bidder state agreement: Yes_____________ No______________ Contact Person: ________________________________________________________________ Telephone Number: _______________________ Cellular Phone Number: ________________ Address: _____________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Alternate delivery time may be considered provided it is so stated. Bidder state alternate terms for delivery or services below. 2. All prices are to be firm, F.O.B. Destination, Freight Prepaid and Allowed. This shall include delivered, unloaded, and placed in designated place. Delivery must be made between 9:00 A.M. and 2:30 P.M. Monday through Friday, unless otherwise required. The successful bidder shall give a 24-hour prior notice of delivery to Department or Division calling in the order, and must ask for caller’s telephone number as well as Purchase Order number and address, since 24-hour Notice of Delivery is required. The County will unload after prior notice. D. DELIVERIES BEYOND THE CONTRACTUAL PERIOD: This contract covers all requirements that may be ordered, as distinguished from delivered, during the contract term. This is for the purpose of providing continuity of supply by permitting the County to place orders as requirements arise in the normal course of supply operations. Accordingly, any order mailed (or received, if forwarded by other means than through the mail) to the Contractor on or before the expiration date of the contract, and providing for delivery within the number of days specified in the contract, shall constitute a valid order. INVITATION NO. 22-101553 Page 10 of 49 E. FOREIGN PRODUCTS: DeKalb County prefers to buy items produced and/or manufactured in the United States of America; however, foreign products may be considered provided it is so stated. Bidder certifies that items offered on this bid is/are manufactured and produced in the United States. Yes ______ No _____ If “No”, state the exact location of plant or facility where items will be produced: __________________________________________________________________________________ F. SAMPLES & TESTING: 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. If not destroyed by testing, samples will be returned at bidder's request and expense, unless otherwise specified by the Invitation to Bid. 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 known, without prejudice to any final adjustments, rejecting the unused portion of the delivery and payment will be made on an adjusted basis for the used portion. The costs of inspections and tests of any item which fails to meet the advertised specifications shall be borne by the bidder. G. LITERATURE: When the bidder proposes to furnish another product, he is required to furnish, with his bid, literature describing the item(s) being offered. Failure to furnish this literature may result in the bid being deemed non-responsive. H. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications and any supplemental specifications as to any details, or the omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship is to be first quality. All interpretations of this specification shall be made upon the basis of this statement, with County interpretation to prevail. I. WARRANTY AND/OR GUARANTY: Insert applicable warranty requirements. Contractor warrants that its services under this Agreement shall be free of defects in materials and workmanship for a period of ninety (90) days. The Contractor shall not be liable for indirect, special, or exemplary damages. The Contractor shall be liable for direct damages. or The bidder will state below or will furnish a separate letter attachment, which fully explains the conditions of Warranty and/or Guaranty. If no Warranty and/or Guaranty are applicable, it must be so stated. NOTE: FAILURE TO RESPOND TO THE REQUIREMENTS OF THIS PARAGRAPH MAY RESULT IN THE BID BEING DEEMED NON-RESPONSIVE. , INVITATION NO. 22-101553 Page 11 of 49 . J. WARRANTY AND/OR GUARANTY: The bidder will state below or will furnish a separate letter attachment, which fully explains the conditions of Warranty and/or Guaranty. If no Warranty and/or Guaranty are applicable, it must be so stated. NOTE: FAILURE TO RESPOND TO THE REQUIREMENTS OF THIS PARAGRAPH MAY RESULT IN THE BID BEING DEEMED NON-RESPONSIVE. , . A. Bidder will indicate below items included in the STANDARD WARRANTY: ITEM TIME MILES 1. Engine _____________ _____________ 2. Transmission _____________ _____________ 3. Brake System _____________ _____________ 4. Frame & Steering _____________ _____________ 5. Cab & Chassis _____________ _____________ 6. Axle & Suspension _____________ _____________ 7. Cooling System _____________ _____________ 8. Exhaust System _____________ _____________ 9. Lighting & Electrical Systems _____________ _____________ 10. Wheels & Tires _____________ _____________ 11. Other (Bidder State): _____________ _____________ B. Bidder will indicate below items included in the EXTENDED WARRANTY: COST, IF ITEM TIME MILES APPLICABLE 1. Engine _____________ _____________ _____________ 2. Transmission _____________ _____________ _____________ 3. Brake System _____________ _____________ _____________ 4. Frame & Steering _____________ _____________ _____________ 5. Cab & Chassis _____________ _____________ _____________ 6. Axle & Suspension _____________ _____________ _____________ 7. Cooling System _____________ _____________ _____________ 8. Exhaust System _____________ _____________ _____________ 9. Lighting & Electrical Systems _____________ _____________ _____________ 10. Wheels & Tires _____________ _____________ _____________ 11. Other (Bidder State): _____________ _____________ _____________ C. Bidder will indicate below any Extended Warranty beyond that listed above: ______________________________________________________________________________________ ______________________________________________________________________________________ D. NOTE: Any omission of items in the above listings does not, in any way, relieve the bidder of any INVITATION NO. 22-101553 Page 12 of 49 requirements in these Standard or Extended Warranties. K. PRICING: 1. Alterations to the Bid Schedule may result in the Bidder being deemed non-responsive and his bid may be rejected. 2. By submission of this bid, the bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization that in connection with this procurement: a. The prices in this bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor, b. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly to any other bidder or to any competitor: and c. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. L. PAYMENT: 1. The County shall pay the Contractor based upon the accepted bid prices submitted by Bidder. Invoices should be signed by the Bidder or authorized delegate and must contain the authorizing DeKalb County Purchase Order (PO) or Contract Purchase Agreement (CPA) Number in order for payment to be processed. PO Number must also be on the delivery ticket. A Contract Purchase Agreement is being issued in lieu of a formal contract. Any reference to a contract refers to the CPA. 2. Invoice(s) must be submitted as follows: a. A copy of the original invoice(s) must be submitted to the department requesting services. Fleet Maintenance Administrative Division 5350 Memorial Drive Stone Mountain, GA 30083 3. The County’s official payment terms are Net 30. Payment dates that fall on a weekend or on a holiday will be issued on the County’s next business day. M. Bidder is required to insert in the spaces provided on the “Minimum Technical Specifications” sheet(s) appropriate and specific detail describing the technically related information identified with the unit(s) bidder proposes to furnish. State if equipment meets requirements; if not state exact difference (or if not available). Attach additional pages if required, with clear references to pages, sections, and requirement numbers. INVITATION NO. 22-101553 Page 13 of 49 N. If the bidder proposes to modify a product so as to make it conform to the requirements of the Invitation to Bid, bidder shall include in the bid a clear description of such proposed modifications and clearly mark any descriptive material to show the proposed modifications. O. Robert Gordon, Director, of Fleet Management Division, DeKalb County Public Works Department, or his delegated representative, is the designated and authorized agent for performing the supervision, acceptance of work detail, and other operational features for DeKalb County. P. POSSIBLE FUTURE PURCHASES: In the event DeKalb County determines to purchase additional units, bidder shall indicate below if the County may purchase these units at the same price, terms, and conditions stated in this bid: Yes _____ No _____ If “Yes,” state below date to which such an option could be exercised: Q. ACCURACY OF WORK: The Contractor shall be responsible for the accuracy of the Work and any error and/or omission made by the Contractor in any phase of the Work under this Agreement. R. OWNERSHIP OF DOCUMENTS: All documents, including drawings, estimates, specifications, and data are and remain the property of the County. The Contractor agrees that the County may reuse any and all plans, specifications, drawings, estimates, or any other data or documents described herein in its sole discretion without first obtaining permission of the Contractor and without any payment of any monies to the Contractor therefore. Any reuse of the documents by the County on a different site shall be at its risk and the Contractor shall have no liability where such documents are reused. S. RIGHT TO AUDIT: The County shall have the right to audit all books and records, including electronic records, relating or pertaining to this contract or agreement, including but not limited to all financial and performance related records, property, and equipment purchased in whole or in part with County funds and any documents or materials which support whose records, kept under the control of the Contractor, including but not limited to those kept by the Contractor’s employees, agents, assigns, successors and subcontractors. The County also has the right to communicate with Contractor’s employees related to the audited records. The Contractor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this contract and for seven (7) years after termination or expiration, including any and all renewals thereof. The books and records, together with supporting documents and materials shall be made available, upon request to the County or its designee, during normal business hours at the Contractor’s office or place of business. In the event that no such locations INVITATION NO. 22-101553 Page 14 of 49 is available, then the books, records and supporting documents shall be made available for audit at a time and location which is convenient for the County. T. SUCCESSORS AND ASSIGNS: The Contractor agrees it shall not sublet, assign, transfer, pledge, convey, sell, or otherwise dispose of the whole or any part of this Contract or his right, title, or interest therein to any person, firm, or corporation without the previous written consent of the County. If the County consents to any such assignment or transfer, then the Contractor binds itself, its partners, successors and assigns to all covenants of this Contract. Nothing contained in this Contract shall create, nor be interpreted to create privity, or any other relationship whatsoever, between the County and any person, or entity or than Contractor. U. REVIEWS AND ACCEPTANCE: Work performed by the Contractor shall be subject to review and acceptance in stages as required by the County. Acceptance shall not relieve the Contractor of its professional obligation to correct, at his own expense, any errors in the Work. V. TERMINATION OF AGREEMENT: The Contractor understands and agrees that the date of the beginning of Work, rate of progress, and time for completion of the Work are essential conditions of this Contract. Both parties may, for its own convenience and at its sole option, without cause and without prejudice to any other right or remedy of the party, elect to terminate the Contract by delivering to the other party, at the address listed in the Notices article of this Contract, a written notice of termination specifying the effective date of termination. Such notice shall be delivered to the other party at least thirty (30) days prior to the effective date of termination. If Contractor’s services are terminated by the County, the termination will not affect any rights or remedies of the County then existing or which may thereafter accrue against Contractor or its surety. In case of termination of this Contract before completion of the Work, Contractor will be paid only for the portion of the Work satisfactorily performed through the effective date of termination as determined by the County. Neither party shall be entitled to recover lost profits, special, consequential or punitive damages, attorney’s fees or costs from the other party to this Contract for any reason whatsoever. This Contract shall not be deemed to provide any third-party with any remedy, claim, right of action, or other right. The parties’ obligations pursuant to this Section shall survive any acceptance of Work, or termination or expiration of this Contract. W. INDEMNIFICATION AGREEMENT: The Contractor shall be responsible from the execution date or from the time of the beginning of the Work, whichever shall be the earlier, for all injury or damage of any kind resulting from the Work, to persons or property, including employees and property of the County. The Contractor shall exonerate, indemnify, and save harmless the County, its elected officials, officers, employees, agents and servants, hereinafter collectively referred to in this Section as “the County Indemnitees,” from and against all claims or actions based upon or arising out of any damage or injury (including without limitation any injury or death to persons and any damage to property) caused by or sustained in connection with the performance of this Contract or by conditions created thereby or arising out of or any way connected with Work performed under this Contract, as well as all expenses incidental to the defense of any such claims, litigation, and actions. Furthermore, Contractor shall assume and INVITATION NO. 22-101553 Page 15 of 49 pay for, without cost to the County Indemnitees, the defense of any and all claims, litigation, and actions suffered through any act or omission of the Contractor, or any Subcontractor, or anyone directly or indirectly employed by or under the supervision of any of them. Notwithstanding any language or provision in this Contract, Contractor shall not be required to indemnify any County Indemnitee against claims, actions, or expenses based upon or arising out of the County Indemnitee’s sole negligence. As between the County Indemnitees and the Contractor as the other party, the Contractor shall assume responsibility and liability for any damage, loss, or injury, including death, of any kind or nature whatever to person or property, resulting from any kind of claim made by Contractor’s employees, agents, vendors, Suppliers or Subcontractors caused by or resulting from the performance of Work under this Contract, or caused by or resulting from any error, omission, or the negligent or intentional act of the Contractor, vendors, Suppliers, or Subcontractors, or any of their officers, agents, servants, or employees. The Contractor shall defend, indemnify, and hold harmless the County Indemnitees from and against any and all claims, loss, damage, charge, or expense to which they or any of them may be put or subjected by reason of any such damage, loss, or injury. The Contractor expressly agrees to provide a full and complete defense against any claims brought or actions filed against the County Indemnitees, where such claim or action involves, in whole or in part, the subject of the indemnity contained in this Contract, whether such claims or actions are rightfully or wrongfully brought or filed. The County has the sole discretion to choose the counsel who will provide the defense. No provision of this Contract and nothing herein shall be construed as creating any individual or personal liability on the part of any elected official, officer, employee, agent or servant of the County, nor shall the Contract be construed as giving any rights or benefits hereunder to anyone other than the parties to this Contract. The parties’ obligations pursuant to this Section shall survive any acceptance of Work, or termination or expiration of this Contract. X. INSURANCE: Insurance must meet the County’s requirements and will be furnished by the successful Bidder(s) upon award. 1. Successful Bidder(s) will advise their insurance agent of the County’s requirements as listed below and that they may not proceed with any work until insurance is provided that is in compliance with these requirements. 2. Contractor’s insurance company or agent must mail, email, or bring an original certificate of insurance and applicable declarations or endorsements to the DeKalb County address listed within this Insurance provision. Insurance must be from companies able to do business in Georgia and acceptable to the County as follows: a. Certificates must cover: i. Statutory Workers Compensation (1) Employer’s liability insurance by accident, each accident $1,000,000 (2) Employer’s liability insurance by disease, policy limit $1,000,000 (3) Employer’s liability insurance by disease, each employee $1,000,000 ii. Business Auto Liability Insurance with a minimum $500,000 Combined Single Limit/Each Occurrence (Including operation of non-owned, owned, INVITATION NO. 22-101553 Page 16 of 49 and hired automobiles). iii. Commercial General Liability Insurance (1) Each Occurrence - $1,000,000 (2) Fire Damage - $250,000 (3) Medical Expense - $10,000 (4) Personal & Advertising Injury - $1,000,000 (5) General Aggregate - $2,000,000 (6) Products & Completed Operations - $1,500,000 (7) Contractual Liability where applicable b. DeKalb County, GA shall be named as Additional Insured under any General Liability, Business Auto and Umbrella Policies. Coverage shall apply as Primary and non- contributory with Waiver of Subrogation in favor of DeKalb County, Georgia. Such additional insured coverage shall be endorsed to Contractor’s policy by attachment of ISO Additional Insured Endorsement forms CG 20 10 10 01 (ongoing operations) and CG 20 37 10 01 (products- completed operations), or form(s) providing equivalent coverage. c. This insurance for the County as the additional insured shall be as broad as the coverage provided for the named-insured Contractor. It shall apply as primary insurance before any other insurance or self-insurance, including any deductible, non-contributory, and waiver of subrogation provided to the County as the additional insured. d. Contractor agrees to waive all rights of subrogation and other rights of recovery against the County and its elected officials, officers, employees or agents, and shall cause each Subcontractor to waive all rights of subrogation for all coverages. e. Certificates shall state that the policy or policies shall not expire, be cancelled or altered without at least sixty (60) days prior written notice to the County. f. Contractor understands and agrees that the purchase of insurance in no way limits the liability of the Contractor. g. The insurance carrier must have a minimum A.M. Best rating of not less than “A” (Excellent) with a Financial Size Category of VII or better. h. Certificates to contain policy number, policy limits and policy expiration date of all policies issued in accordance with this contract. i. Certificates to contain the location and operations to which the insurance applies. j. Certificates to contain successful contractor’s protective coverage for any subcontractor’s operations. If this coverage is included in General Liability, please indicate on the Certificate of Insurance. INVITATION NO. 22-101553 Page 17 of 49 k. Certificates to contain successful contractor’s contractual insurance coverage. If this coverage is included in the General Liability, please indicate this on the Certificate of Insurance. l. Certificates shall be issued and delivered to the County and must identify the “Certificate Holder” as follows: DeKalb County, Georgia Director of Purchasing and Contracting Maloof Administration Building 1300 Commerce Drive, 2nd Floor Decatur, Georgia 30030 m. The successful contractor shall be wholly responsible for securing certificates of insurance coverage as set forth above from all subcontractors who are engaged in this work. Y. GEORGIA LAWS GOVERN: The laws of the State of Georgia shall govern the construction of this Contract without regard for conflicts of laws. Should any provision of this Contract require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party, by reason of the rule of construction, that a document is to be construed more strictly against the party who itself or through its agent prepared same; it being agreed that the agents of all parties have participated in the preparation hereof, and all parties have had an adequate opportunity to consult with legal counsel. In interpreting this Contract in its entirety, the printed provisions of this Contract, and any additions written or typed hereon, shall be given equal weight, and there shall be no inference by operation of law or otherwise; that any provision of this Contract shall be construed against either party hereto. Z. VENUE: This Agreement shall be deemed to have been made and performed in DeKalb County, Georgia. For the purposes of venue, all suits or causes of action arising out of this Agreement shall be brought in the courts of DeKalb County, Georgia. AA. COUNTY REPRESENTATIVE: The County may designate a representative through whom the Contractor will contact the County. In the event of such designation, said representative shall be consulted and his written recommendation obtained before any request for extra work is presented to the County. Payments to the Contractor shall be made only upon itemized bill submitted to and approved by said representative. BB. CONTRACTOR’S STATUS: The Contractor will supervise and direct the Work, including the Work of all Subcontractors. Only persons skilled in the type of work which they are to perform shall be employed. The Contractor shall, at all times, maintain discipline and good order among his employees, and shall not employ any unfit INVITATION NO. 22-101553 Page 18 of 49 person or persons or anyone unskilled in the work assigned him. The relationship between the County and the Contractor shall be that of owner and independent contractor. Other than the consideration set forth herein, the Contractor, its officers, agents, servants, employees, and any Subcontractors shall not be entitled to any County employee benefits including, but not limited to social security, insurance, paid annual leave, sick leave, worker's compensation, free parking or retirement benefits. All services provided by Contractor shall be by employees of Contractor or its Subcontractors and subject to supervision by Contractor. No officer or employee of Contractor or any Subcontractor shall be deemed an officer or employee of the County. Personnel policies, tax responsibilities, social security payments, health insurance, employee benefits and other administrative policies, procedures or requirements applicable to the Work or services rendered under this Contract shall be those of the Contractor, not the County. CC. SOLE AGREEMENT: This Contract constitutes the sole contract between the County and the Contractor. The terms, conditions, and requirements of this Contract may not be modified. No verbal agreement or conversation with any officer, agent, or employee of the County, either before or after the award of the Contract, shall affect or modify any of the terms or obligations herein contained. No representations, oral or written, shall be binding on the parties unless expressly incorporated herein. DD. SEVERABILITY: If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances, other than those as to which it is held invalid, shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. EE. NOTICES: Any notice or consent required to be given by or on behalf of any party hereto to any other party hereto shall be in writing and shall be sent to the Director of the Department of Purchasing and Contracting or to the Contractor or his authorized representative on the work site by (a) registered or certified United States mail, return receipt requested, postage prepaid, (b) personal delivery, or (c) overnight courier service. All notices sent to the addresses listed below shall be binding unless said address is changed in writing no less than fourteen days before such notice is sent. Future changes in address shall be effective upon written notice being given by the Contractor to the Director of the Department of Purchasing and Contracting or by the County to the Contractor’s authorized representative via certified first class U.S. mail, return receipt requested. Such notices will be addressed as follows: If to the County: Chief Procurement Officer Department of Purchasing and Contracting Maloof Administration Building 1300 Commerce Drive, 2nd Floor Decatur, Georgia 30030 INVITATION NO. 22-101553 Page 19 of 49 If to the Contractor: Notices shall be sent to the contact information that is listed in the Bidder’s Response to the ITB. FF. GEORGIA OPEN RECORDS ACT: Without regard to any designation made by the person or entity making a submission, DeKalb County considers all information submitted in response to this invitation or request to be a public record that will be disclosed upon request pursuant to the Georgia Open Records Act, O.C.G.A. §50-18-70 et seq., without consulting or contacting the Responder person or entity making the submission, unless a court order is presented with the submission. Bidders or Responders may wish to consult an attorney or obtain legal advice prior to making a submission. INVITATION NO. 22-101553 Page 20 of 49 MINIMUM TECHNICAL SPECIFICATIONS FOR BREATHING-AIR-LIGHT TRAILER, READY FOR OPERATION Vehicle must comply with Federal and State laws and regulations as applicable on date of delivery concerning automotive equipment and conditions and will be complete with standard equipment and all extra equipment as specified. It will be the responsibility of the bidder to see that the body and equipment bid are compatible with cab and chassis. Bidder will fill in the following information as applicable to vehicle offered. MINIMUM REQUIREMENT BIDDER STATE I. Shall be a Model “Responder-25D” or Equivalent ______________ A. Trailer: 1. Shall be 7x16x7 totally enclosed, highway rated, tandem axle heavy duty trailer. ______________ 2. Trailer shall be at least 9,950-pound GVW rating. ______________ 3. Shall have dual drop 10,000 lbs. axles, (5000 lbs. each) ______________ 4. Shall include a 16-foot tandem-axle torsion bar suspension. ______________ 5. All shall be built on a heavy-duty race car chassis frame. The frame shall be painted to reduce corrosion. 3. Shall have complete highway rated lighting package with vehicle connector plug. ______________ 4. The trailer shall be a major brand, for readily available localized service. One of a kind custom fabrication, will not be acceptable. ______________ 5. Shall have a 2 5/16 ball hitch ______________ 6. Shall be built to have a partition wall to separate the operator from the compressor noise and an open end of the trailer. ______________ B. Brakes: 2. Shall have electric brakes on both axles and be designed for this application. ______________ C. Colors 1. Exterior of trailer Red Hot ______________ 2. Interior Deluxe white vinyl interior walls and celling ______________ D. Breathing Air Fill Station: 1. Shall come with Two position Class 2 containment style fill station Model CFS5.5-2Sx4x4 or equivalent. (Fill station must be tested and be NFPA 1901 compliant) ______________ 2. The fill station shall be mounted to direct expanding air away from the operator in the unlikely event of a cylinder failure. ______________ 3. The fill station shall be built and tested to conform to NFPA 1901, 2016 Edition for 5500 psi SCBA. ______________ 4. The fill station shall be designed for stationary applications. The fill station shall be constructed of formed plate steel and shall be fully enclosed. ______________ 5. The fill station shall be warranted free from defects in material and workmanship for a period of eighteen months from date of shipment or twelve months from date of start-up, whichever expires first. ______________ INVITATION NO. 22-101553 Page 21 of 49 MINIMUM TECHNICAL SPECIFICATIONS FOR BREATHING-AIR-LIGHT TRAILER, READY FOR OPERATION Vehicle must comply with Federal and State laws and regulations as applicable on date of delivery concerning automotive equipment and conditions and will be complete with standard equipment and all extra equipment as specified. It will be the responsibility of the bidder to see that the body and equipment bid are compatible with cab and chassis. Bidder will fill in the following information as applicable to vehicle offered. MINIMUM REQUIREMENT BIDDER STATE 2. The fills station shall fill two SCBA’s at once, up to 5500PSI. ______________ 3. Shall have dual interior lighting for 12 volt and 110-volt fluorescent lights, and to include four electrical outlets of 110 VAC. ______________ 4. Shall have a lighted aluminum work bench. It shall have a 110 volt outlet as well. ______________ 5. Shall come with a carbon monoxide (CO) Monitor, Model BAS218 or equivalent, to meet NFPA 1989 standards. ______________ 6. Flooring shall be slip resistant 1/8-inch aluminum diamond plate. ______________ 7. Shall have a two-door base cabinet, a two-door overhead cabinet and a two-door full length cabinet for storage that can carry 14 spare SCBA cylinders and a deluxe first aid kit. (Not to include SCBA cylinders). The cabinets shall be built using aluminum construction for the frame, walls, and the doors. The cabinet system shall be built with metal framing, trigger latches, full length metal hinges and wooden shelves. The entire system shall be permanently attached to the trailer framing and floor. ______________ 8. Shall have five (5) other storage areas permanently and professionally built into the trailer interior. These cabinets are to house masks, parts, emergency provisions, first aid, HazMat, Communication equipment, ropes, lines and more. ______________ 9. Fill station room shall have a curbside walk-in door with lock and fold down step. ______________ 10. Shall have A/C unit of 13,500 BTU installed. ______________ E. CONTROL PANEL FOR AIR FILL STATION 1. The fill control panel shall be installed on the front of the fill station. The control panel shall be factory piped and designed to fill two SCBA or SCUBA cylinders either independently or simultaneously. _______________ 2. The control panel shall include the following standard features:  Inlet pressure gauge ______________  Adjustable pressure regulator ______________  Regulated pressure gauge ______________  Two (2) fill control valves ______________  Two (2) fill pressure gauges ______________  One (1) relief valve for regulated fill pressure ______________  Four (4) Cascade control valves ______________  Four (4) Cascade Control gauges ______________  One (1) auxiliary refill port with 6000 psi quick connect adaptor and valve ______________ INVITATION NO. 22-101553 Page 22 of 49 MINIMUM TECHNICAL SPECIFICATIONS FOR BREATHING-AIR-LIGHT TRAILER, READY FOR OPERATION Vehicle must comply with Federal and State laws and regulations as applicable on date of delivery concerning automotive equipment and conditions and will be complete with standard equipment and all extra equipment as specified. It will be the responsibility of the bidder to see that the body and equipment bid are compatible with cab and chassis. Bidder will fill in the following information as applicable to vehicle offered. MINIMUM REQUIREMENT BIDDER STATE 3. All piping and tubing shall be properly supported and protected to prevent damage from vibration during shipment, operation, or maintenance. Piping and tubing shall be installed in a neat and orderly arrangement, adapting to the contours of the station. All instrument tubing shall be 300 series stainless steel. ______________ 4. All control panel mounting pressure gauges shall be 2 1⁄2” diameter and be liquid filled. All panel-mounted components shall be labeled with a nameplate. ______________ 5. The fill station shall be provided on its own freestanding base and shall not exceed the following approximate dimensions: 58” high, 30” wide, and 22” deep. Weight with base and control panel shall not exceed 750 lbs. ______________ F. PURIFICATION SYSTEM 1. The purification system shall be designed to process 150,000 cubic foot of high pressure air to a quality that meets or exceeds the requirements of CGA Pamphlet G-7, Compressed Air for Human Respiration. ANSI/CGA G-7.1, Commodity Specification for Air, Grade E, and all other recognized standards for breathing air. Purification shall be achieved by mechanical separation of condensed oil and water droplets, absorption of vaporous water by a desiccant, absorption of oil vapor and elimination of noxious odors by activated carbon and conversion of carbon monoxide to acceptable levels of carbon dioxide by catalyst. ______________ 2. The high-pressure purification chambers shall have a working pressure of 6000 PSIG. The purification system shall utilize replaceable cartridges. The purification system shall be designed so that the replacement of the cartridge can be accomplished without disconnecting system piping. The design of the chambers shall preclude the possibility of operating the system without cartridges installed or with improperly installed cartridges. A bleed valve shall be provided to vent the purification system to facilitate replacing the cartridges. A pressure maintaining valve and a check valve shall be supplied downstream of the purification system to increase the efficiency of the purification system by maintaining a positive back pressure. A check valve shall be supplied between the coalescing separator on the compressor’s discharge line and the purification system to maintain the positive pressure in the purification system when the compressor shuts down. ______________ INVITATION NO. 22-101553 Page 23 of 49 MINIMUM TECHNICAL SPECIFICATIONS FOR BREATHING-AIR-LIGHT TRAILER, READY FOR OPERATION Vehicle must comply with Federal and State laws and regulations as applicable on date of delivery concerning automotive equipment and conditions and will be complete with standard equipment and all extra equipment as specified. It will be the responsibility of the bidder to see that the body and equipment bid are compatible with cab and chassis. Bidder will fill in the following information as applicable to vehicle offered. MINIMUM REQUIREMENT BIDDER STATE 3. The purification system shall include Bauer’s patented Securus Electronic Moisture Monitor System. The sensor shall be located in the Securus cartridge for direct monitoring of moisture level. A display module shall be supplied to indicate the status of the Securus cartridge. The moisture monitoring system shall warn the operator, in advance, of the impending saturation of the Securus cartridge. The system shall shut down automatically should the operator fail to change the Securus cartridge within the warning period. The system shall not be capable of restarting until the saturated cartridge is replaced with a new one. The moisture monitoring system shall be of a fail-safe design. Should the electrical contact between the display module and sensor be disconnected, an immediate fault shutdown shall be affected. For absolute safety and highest quality breathing air, no manual override shall be supplied for the moisture monitor. ______________ 4. DOCUMENTATION; A documentation package shall be supplied with the system. The documentation package shall include, at a minimum an operation manual, recommended spare parts list, warranty information and a start-up/warranty registration form. The Operator’s instruction and maintenance manual for the system shall be as detailed as possible, outlining all operation and maintenance instructions. The manual shall include detailed illustrated drawings for the compressor block and all system components along with a complete parts listing for all illustrated components. ______________ G. Generator: 1. Shall have a Kubota 7 KW Commercial Mobile Generator, Model GL7000 or equivalent, tongue-mounted with power cord to run from the generator to a power port on the trailer that will supply the entire trailer with power. ______________ 2. The system shall include a 7000-watt continuous 8750-watt surge diesel driven generator to operate interior lighting. ______________ 3. The generator to include a lift-up 1/8-inch aluminum diamond plate box cover with latches. ______________ 4. The generator must include a large 7 gallon capacity diesel fuel tank, high temperature and low oil shut off switch, electric start engine and fuel shut off valve. ______________ H. Compressor Station Room: 1. Shall come with a BAUER H25-D, 6000PSI Breathing Air Compressor 25 CFM or equivalent. It shall be 27 HP electric start, diesel fueled. ______________ INVITATION NO. 22-101553 Page 24 of 49 MINIMUM TECHNICAL SPECIFICATIONS FOR BREATHING-AIR-LIGHT TRAILER, READY FOR OPERATION Vehicle must comply with Federal and State laws and regulations as applicable on date of delivery concerning automotive equipment and conditions and will be complete with standard equipment and all extra equipment as specified. It will be the responsibility of the bidder to see that the body and equipment bid are compatible with cab and chassis. Bidder will fill in the following information as applicable to vehicle offered. MINIMUM REQUIREMENT BIDDER STATE a. All compressor components shall be mounted on a heavy-duty powder coated steel frame. ______________ b. The compressor and diesel engine shall be mounted in a horizonal design and mounted in the rear of the trailer with flow through ventilation. ______________ c. The system shall be on a steel frame designed for both the static and dynamic loads of the system and of sufficient size to adequately accommodate all the system’s components. ______________ d. The arrangement of components on the frame shall permit unrestricted cooling air flow to the compressor and prime mover, and provide access for operation, inspection, and maintenance. ______________ e. The system shall be designed for operation in ambient temperatures ranging between 40°F and 115°F. It shall also be properly vented by means of a flow thru system with remote exhaust and intake piping. ______________ f. All piping and tubing shall be properly supported and protected to prevent damage from vibrating during shipment, operation, or maintenance. Piping and tubing shall be installed in a neat and orderly arrangement, adapting to the contour of the system. All instrument tubing shall be 300 series stainless steel. ______________ h. The compressor shall be lubricated by a low-pressure lubrication system incorporating a gear driven low pressure oil pump, easily replaceable oil filtration element, and oil pressure regulator. A sight glass shall be provided to check the oil level. The oil drain for the compressor shall be piped to the outside of the frame. ______________ i. The compressor shall be equipped with an inlet filter with replaceable particulate element and piped to the outside of the trailer, weather protected shall be provided. ______________ 2. Shall have four 6000PSI UN/DOT storage cylinders, to hold 2040 cubic feet of stored air. They shall be mounted in the walk-in area of the trailer. The cylinders shall be securely mounted with double set of heavy-duty wall brackets in a vertical configuration. Each cylinder shall be clearly marked with a label stating the cylinders working pressure type of gas and time of visual inspection. Each one of these storage cylinders are to have a CGA 702 valve and (NFPA 1901) compliant valve protection device. Each cylinder to be plumbed directly to the containment style fill station using stainless steel tubing and fittings. Each cylinder shall be new and have a current hydro date. ______________ INVITATION NO. 22-101553 Page 25 of 49 MINIMUM TECHNICAL SPECIFICATIONS FOR BREATHING-AIR-LIGHT TRAILER, READY FOR OPERATION Vehicle must comply with Federal and State laws and regulations as applicable on date of delivery concerning automotive equipment and conditions and will be complete with standard equipment and all extra equipment as specified. It will be the responsibility of the bidder to see that the body and equipment bid are compatible with cab and chassis. Bidder will fill in the following information as applicable to vehicle offered. MINIMUM REQUIREMENT BIDDER STATE 3. Shall have two side mounted pop-up flow through windows with gas spring assisted lifting and supports. ______________ 4. Shall have a double swing out cam lock rear doors. ______________ I. HOSE REELS, HOSE AND AIR CONTROL PANEL 1. Shall come with (2) manual Hanney 1500 series hose reels and dual function air control panel. One low pressure and one high pressure, each with 100 feet of fill hose. These reels shall be mounted in the rear of the trailer and facing out the of the rear double doors. ______________ 2. One hose reel shall be outfitted with a 100 ft. 6000-psi hose, and a quick connect adaptor for remote fill up. The other reel shall be outfitted with a 100 ft. 300-psi hose. The low-pressure hose shall be outfitted with standard low pressure quick connect that shall be used for air tools, respirator, air bags, etc. ______________ 3. Each reel shall be supplied with breathing air from the 6000-psi storage system. ______________ 4. Each reel shall have its own separate regulator located in a custom control panel between the two reels. Each side of the air control panel shall have its own regulator, regulated outlet, pressure gauge, valve and one common inlet pressure gauge. ______________ 5. Each hose reel shall be equipped with a roller type hose guide and safety ball stop. ______________ J. ELECTRICAL CONTROL AND INSTRUMENT PANEL FOR COMPRESSOR AND ENGINE. 1. The engine control center shall include a PLC controller. The electric panel shall be built in compliance to UL’s Industrial Control Panel Custom Builders Program and shall be affixed with a U.L. label. ______________ 2. The PLC compressor control system shall consist of a programmable logic controller for the monitoring, protection and control of standard compressor system. ______________ 3. Standard features to include a. A NEMA 4 enclosure ______________ b. On/Off selector switch ______________ c. Emergency stop ______________ d. Final air pressure shutdown ______________ e. Warning and alarm indicator lights; ______________  Lamp test function built it ______________  Lamps will flash code representing fault ______________ INVITATION NO. 22-101553 Page 26 of 49 MINIMUM TECHNICAL SPECIFICATIONS FOR BREATHING-AIR-LIGHT TRAILER, READY FOR OPERATION Vehicle must comply with Federal and State laws and regulations as applicable on date of delivery concerning automotive equipment and conditions and will be complete with standard equipment and all extra equipment as specified. It will be the responsibility of the bidder to see that the body and equipment bid are compatible with cab and chassis. Bidder will fill in the following information as applicable to vehicle offered. MINIMUM REQUIREMENT BIDDER STATE  All lamps shall be a minimum 22 mm diameter ______________ f. Built in overtime timer set at 5 hours – optional times available. ______________ g. Final separator counter warning and alarm functions. ______________ h. Shall have full support access of warning and alarm functions provided. ______________ i. Shall have UL listed panel. ______________ K. Wheels and Tires: 1. Wheels Six lug aluminum rims ______________ 2. Tire size Shall be heavy duty name brand All Season, Blackwall ______________ 3. Spare Full Size, tire and wheel ______________ 4. Fender & Trim To include Stone Guard. ______________ L. SUPPLIER REQUIREMENTS: 1. The supplier of the system shall professionally install and test all equipment prior to delivery of the unit. They shall also perform and provide a detailed inspection sheet signed by quality control personnel. ______________ 2. The supplier of this system must have been a regular dealer in the brand proposed/provided for at least ten years and must supply a listing of several similar and recent products with his bid. They must always stock all parts and materials and be capable of providing factory trained technicians to service the unit. ______________ 3. The supplier must include a maintenance agreement that shall be performed yearly to ensure equipment is performing safely and efficiently. The maintenance program shall include the following: ______________ • Oil & Filter Change ______________ • Oil Disposal ______________ • Replacement of Purification Cartridges ______________ • Inspection of Intake Filter ______________ • CFM output flow check ______________ • Oil Pressure check & Adjustment ______________ • Inspection of auto-drain system ______________ • Maximum pressure check ______________ • Inspection of Safety valves ______________ • Inspection & tightening of all head & cylinder bolts, etc. ______________ INVITATION NO. 22-101553 Page 27 of 49 MINIMUM TECHNICAL SPECIFICATIONS FOR BREATHING-AIR-LIGHT TRAILER, READY FOR OPERATION Vehicle must comply with Federal and State laws and regulations as applicable on date of delivery concerning automotive equipment and conditions and will be complete with standard equipment and all extra equipment as specified. It will be the responsibility of the bidder to see that the body and equipment bid are compatible with cab and chassis. Bidder will fill in the following information as applicable to vehicle offered. MINIMUM REQUIREMENT BIDDER STATE • Clean & Inspection of final separator ______________ • Check & Adjustment of drive belt ______________ • Lubrication of oil pump chain ______________ • Inner stage &final stage gauge reading ______________ • Operational checks for fill station & compressor ______________ • A complete 56-point check list ______________ If there is a need for additional repairs and/or replacement parts discovered during regularly scheduled onsite maintenance, the service technician shall attempt to contact the customer to advise of additional charges and to obtain approval. ______________ II. WARRANTY 1. There shall be a at least a 2-year factory warranty to cover workmanship, equipment and labor. There shall be no charge for any parts or labor during the first-year warranty. ______________ 2. There shall be a 3 thru 5-year parts only warranty on the compressor pump only. ______________ III. ADDITIONAL OPTIONS a. Shall come with an air conditioning unit of 13,500 BTU ______________ b. Shall come with (2) 12-foot stand-alone 750-watt extendable Whelen Pioneer Plus Model PFHs tripod lights or equivalent, with extension cords. ______________ c. Shall have built in scene lights. ______________ IV. Bidder fill in below the brand name, model or identification number and year model of cab and chassis offered in bid. ______________________________________________________________________________ (Brand Name and Model or Identification Number) ______________________________________________________________________________ (Year Model) V. Manuals: The successful Bidder is to include the following manuals in binders with the order. Online manuals and CD’s will be accepted. Bidder will be responsible for all subscriptions, updates, registrations, renewals and fees associated with online manuals for the active life of the units. ______________ A. Factory Shop Repair Manuals via online access, including specific manuals for each major component, i.e., Engine, Transmission and Rear Axle ______________ INVITATION NO. 22-101553 Page 28 of 49 MINIMUM TECHNICAL SPECIFICATIONS FOR BREATHING-AIR-LIGHT TRAILER, READY FOR OPERATION Vehicle must comply with Federal and State laws and regulations as applicable on date of delivery concerning automotive equipment and conditions and will be complete with standard equipment and all extra equipment as specified. It will be the responsibility of the bidder to see that the body and equipment bid are compatible with cab and chassis. Bidder will fill in the following information as applicable to vehicle offered. MINIMUM REQUIREMENT BIDDER STATE B. Operator’s Manual and Warranty Booklet – one (1) per vehicle; plus three (3) additional for item number bid, (not per vehicle). ______________ VEHICLE EQUIPMENT, COMPONENTS AND ACCESSORIES: Vehicles offered in this bid item must provide total standardization and interchange-ability between units bid including components, accessories, plumbing, wiring, and equipment. ______________ DATA SHEET: At delivery provide a single sheet of paper with all Component, Model and serial Numbers. List to include: Engine, Transmission, Axles, Motors, Tires, Battery, Alternator, Belts, Hoses, Filters and any other major items. End of minimum requirements INVITATION NO. 22-101553 Page 29 of 49 PRICE SCHEDULE ITEM NO. DESCRIPTION ESTIMATED NUMBER OF UNITS UNIT OF MEASURE PRICE PER UNIT TOTAL AMOUNT 1 Breathing Air-Light Trailer per minimum specifications and notes below: 2 EACH $__________ $ . NOTES TO BIDDER: Note 1: Title Application and Manufacturer’s Statement of Origin to be made out to: DeKalb County Georgia 1300 Commerce Drive Decatur, GA 30030 Note 2: Please deliver to: 5350 Memorial Dr. Stone Mountain, GA 30083 Contact person: Nigel Wilson Phone- #404-297-6566 Note 3: Data Sheet: See Page 28, for “Data Sheet” requirements. INVITATION NO. 22-101553 Page 30 of 49 BID ACKNOWLEDGEMENT FORM I, the undersigned, acknowledge that I have read the Bid Document in its entirety and agree to conform to its every requirement. I further acknowledge that failure to prepare, submit, or execute this bid in the exact manner requested will be just cause to reject my entire bid. Name of Business Entity Submitting Bid Print Name and Title of Authorized Signer Business Entity Street Address Authorized Signature Business Entity City, State and Zip Code Contact Person’s Phone Number Business Entity County Contact Person’s E-mail Address � Bidder acknowledges addendum(s): No. 1 , No. 2 , No. 3 (If Applicable) (Initial) � Bidder acknowledges that this bid is valid for 90 days from and including the bid opening date. (Initial) � Bidder acknowledges that bid meets or exceeds minimum specifications. (Initial) Any deviation from minimum specifications must be explained, in detail, by bidder as to how the bid does not meet the exact specifications. � Bidder acknowledgement of Revisions to the above Terms and Conditions: • No revisions (Initial) • There are revisions and they are included with the bid submittal (Initial) The above acknowledgment must be properly signed and firmly attached to your bid. The acknowledgment becomes a part of your bid and without it your bid is not complete and will be subject to rejection. INVITATION NO. 22-101553 Page 31 of 49 THIS PAGE MUST BE RETURNED WITH YOUR BID. FAILURE TO SUBMIT THIS COMPLETED FORM MAY RESULT IN YOUR BID BEING DEEMED NON-RESPONSIVE. ATTACHMENT A REQUIRED DOCUMENTS CHECKLIST Bidder shall complete and submit the following documents with their bid: Check page numbers and correct numbers as necessary. Bid Page No. Title Check This Box If Included With Bid 30 Bid Acknowledgement Form* 31 Required Documents Checklist 32 Contractor Reference and Release Form* 33 Subcontractor Reference and Release Form, if applicable** 35 Contractor Affidavit* 36 Subcontractor Affidavit, if applicable** 37-45 LSBE - Exhibits A and/or B* (Waived for this solicitation) 47 New Employee Tracking Form* 46 First Source Jobs Acknowledgement Form * Include this if applicable Bidder shall also submit a copy of the following required documents with the bid: - *If these mandatory forms are not completed and submitted with the bid, the bidder may or will be deemed non-responsive. **These forms are applicable if a subcontractor will be utilized to fulfill the requirements of this contract. If these forms are applicable, they must be completed and submitted along with the bid. Failure to submit these forms, if applicable, may or will result in the bidder being deemed non- responsive. I, the undersigned, acknowledge that I have included the requested documents as listed above. Printed Name Signature INVITATION NO. 22-101553 Page 32 of 49 ATTACHMENT B CONTRACTOR REFERENCE AND RELEASE FORM List below at least three (3) references, including company name, contact name, address, email address, telephone numbers and contract period who can verify your experience and ability to perform the type(s) of product(s)/ service(s) listed in the solicitation. Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name and Description Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name and Description Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name and Description REFERENCE CHECK RELEASE STATEMENT You are authorized to contact the references provided above for purposes of this ITB. Signed_______________________________________ Title___________________________ (Authorized Signature of Bidder) Company Name _____________________________________Date ____________________ INVITATION NO. 22-101553 Page 33 of 49 ATTACHMENT C SUBCONTRACTOR REFERENCE AND RELEASE FORM List below at least three (3) references, including company name, contact name, address, email address, telephone numbers and contract period who can verify your experience and ability to perform the type(s) of product(s)/ service(s) listed in the solicitation. Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name and Description Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name and Description Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name and Description REFERENCE CHECK RELEASE STATEMENT You are authorized to contact the references provided above for purposes of this ITB. Signed_______________________________________ Title___________________________ (Authorized Signature of Bidder) Company Name _____________________________________Date ____________________ INVITATION NO. 22-101553 Page 34 of 49 ATTACHMENT D CONTRACTOR & SUBCONTRACTOR EVIDENCE OF COMPLIANCE: (1) County contracts for the physical performance of services within the state of Georgia shall include the following provisions: 1 a. the contractor has registered with and is authorized to use the federal work authorization program to verify information on all newly hired employees or subcontractors; b. by affidavit, the contractor must attest to the contractor’s name, address, user identification number, date of authorization, and verification of the continual participation throughout the contract period, and c. the affidavit shall become a part of the covered contract and must be attached. (2) No contractor or subcontractor who enters into a contract with the County shall enter into such a contract or subcontract in connection with the physical performance of services within Georgia unless the contractor or subcontractor registers and participates in the federal work authorization program to verify information of all newly hired employees. Any employee, contractor, or subcontractor of such contactor or subcontractor shall also be required to satisfy the requirements of O.C.G.A. § 13-10-91, as amended. (3) Upon contracting with a new subcontractor, a contractor or subcontractor shall, as a condition of any contract or subcontract entered into pursuant to O.C.G.A. § 13-10-91, as amended, agree to provide the County with notice of the identity of any and all subsequent subcontractors hired or contracted by the contractor or subcontractor. Such notice shall be provided within five (5) business days of entering into a contract or agreement for hire with any subcontractor. Such notice shall include an affidavit from each subsequent contractor attesting to the subcontractor’s name, address, user identification number, and date of authorization to use the federal work authorization program. (4) An affidavit shall be considered an open public record; provided, however, that any information protected from public disclosure by federal law or by Article 4 of Chapter 28 of Title 50 shall be redacted. Affidavits shall be maintained by the County for five years from the date of receipt. (5) To verify compliance, the contractor agrees to participate in random audits conducted by the Commissioner of the Georgia Department of Labor. The results of the audits shall be published on the www.open.georgia.gov website, and on the Department of Labor’s website no later than December 31 of each year. (6) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement in an affidavit submitted pursuant to O.C.G.A. § 13-10-91 shall be guilty of a violation of Code § 16-10-20 and, upon conviction, shall be punished as provided in such section. Contractors and subcontractors convicted for false statements based on a violation of such section shall be prohibited from bidding on or entering into any public contract for twelve (12) months following such conviction. _______________________ 1 O.C.G.A. § 13-10-91, as amended http://www.open.georgia.gov/ INVITATION NO. 22-101553 Page 35 of 49 ATTACHMENT E CONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned verifies its compliance with O.C.G.A. § 13-10-91, as amended, stating affirmatively that the individual, firm or corporation which is contracting with DEKALB COUNTY, GA, a political subdivision of the State of Georgia, has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91, as amended]. The affiant agrees to continue to use the federal work authorization program throughout the contract period. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the COUNTY, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91, as amended, on the Subcontractor Affidavit form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the COUNTY, within five (5) days from when the subcontractor(s) is retained to perform such service. ______________________________________________ ____________________________________ BY: Authorized Officer or Agent Federal Work Authorization (Bidder’s Name) Enrollment Date ______________________________________________ ____________________________________ Title of Authorized Officer or Agent of Bidder Identification Number ______________________________________________ Printed Name of Authorized Officer or Agent ______________________________________________ Address (* do not include a post office box) SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _______________ DAY OF _______________________, 20__ ____________________________________________________ Notary Public My Commission Expires: _______________________________ INVITATION NO. 22-101553 Page 36 of 49 ATTACHMENT F SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned verifies its compliance with O.C.G.A. § 13-10-91, as amended, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with _________________________________name of contractor) on behalf of DEKALB COUNTY, GA, a political subdivision of the State of Georgia, has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91, as amended]. The affiant agrees to continue to use the federal work authorization program throughout the contract period.] ______________________________________________ ____________________________________ BY: Authorized Officer or Agent Federal Work Authorization (Bidder’s Name) Enrollment Date ______________________________________________ ____________________________________ Title of Authorized Officer or Agent of Bidder Identification Number ______________________________________________ Printed Name of Authorized Officer or Agent ______________________________________________ Address (* do not include a post office box) SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _______________ DAY OF _______________________, 20__ ____________________________________________________ Notary Public My Commission Expires: _______________________________ INVITATION NO. 22-101553 Page 37 of 49 ATTACHMENT G LSBE INFORMATION DEKALB FIRST LSBE INFORMATION WITH EXHIBITS A – B SCHEDULE OF LOCAL SMALL BUSINESS ENTERPRISE PARTICIPATION OPPORTUNITY TRACKING FORM The Chief Executive Officer and the Board of Commissioners of DeKalb County believe that it is important to encourage the participation of small and local businesses in the continuing business of County government; and that the participation of these types of businesses in procurement will strengthen the overall economic fabric of DeKalb County, contribute to the County’s economy and tax base, and provide employment to local residents. Therefore, the Chief Executive Officer and the Board of Commissioners have made the success of local small businesses a permanent goal of DeKalb County by implementing the DeKalb First Local Small Business Enterprise Ordinance. PROVISIONS OF DEKALB FIRST LOCAL SMALL BUSINESS ENTERPRISE (LSBE) ORDINANCE Percentage of LSBE Participation Required 20% of Total Award Certification Designation Request For Proposals (RFP) LSBE Within DeKalb (LSBE- DeKalb) Ten (10) Preference Points LSBE Outside DeKalb (LSBE- MSA) Five (5) Preference Points Demonstrated GFE Two (2) Preference Points Certified Local Small Business Enterprises (LSBEs) located within DeKalb County and prime contractors utilizing LSBEs that are locally-based inside DeKalb County shall receive ten (10) points in the initial evaluation of their response to any Request for Proposal. Certified LSBEs located outside of DeKalb County but within the nine (9) County Metropolitan Statistical Area (MSA) consisting of Cherokee, Clayton, Cobb, Douglas, Fayette, Fulton, Gwinnett, Henry and Rockdale Counties shall receive five (5) points in the initial evaluation of their response to any Request for Proposal. Prime Contractors who demonstrate sufficient good faith efforts in accordance with the requirements of the ordinance shall be granted two (2) points in their initial evaluation of responses to any Request for Proposal. Pro-rated points shall be granted where a mixture of LSBE-DeKalb and LSBE MSA firms are utilized. Utilization of each firm shall be based upon the terms of the qualified sealed solicitation. Prime Contractor(s) deemed responsible and remains responsive to an Invitation to Bid (ITB) because they are either a certified LSBE-DeKalb or LSBE-MSA firm or has obtained 20% participation of an LSBE-DeKalb or LSBE-MSA firm, submits the lowest bid price shall be deemed the lowest, responsive and responsible bidder. Prime Contractor(s) deemed responsible and remains responsive to an Invitation to Bid (ITB) and documented good faith efforts, submits a lower bid price than a Prime Contractor that achieved 20% LSBE participation, or otherwise required benchmark, then the Prime Contractor who actually met the benchmark will be given the opportunity to match the lowest bid price of the Prime Contractor who only made good faith efforts. Prime Contractor(s) who choose not to match the lowest bid price, then the Prime Contractor who made the good faith efforts will be deemed the lowest, responsive and responsible bidder. INVITATION NO. 22-101553 Page 38 of 49 For all qualified sealed solicitations, the Director of Purchasing and Contracting, DeKalb County Government, shall determine if the bidder/proposer has included written documentation showing that at least twenty percent (20%) of the total contract award will be performed by a certified LSBE. This written documentation shall be in the form of a notarized Schedule of LSBE Participation (Attached hereto as “Exhibit A”.) For all contracts, a signed letter of intent from all certified LSBEs describing the work, material, equipment and/or services to be performed or provided by the LSBE(s) and the agreed upon percentage shall be due with the bid or proposal documents and included with “Exhibit A”. The certified vendor list establishes the group of Certified LSBE’s from which the bidder/proposer must solicit subcontractors for LSBE participation. This list can be found on our website http://www.dekalbcountyga.gov/purchasing-contracting/about-purchasing-and-contracting or obtained from the Special Projects LSBE Program team. Prime Contractors failing to meet the LSBE benchmark must document and demonstrate Good Faith Efforts in accordance with the attached “Checklist for Good Faith Efforts” portion of “Exhibit A.” The notarized Schedule of LSBE Participation shall be due and submitted with each bid or proposal. Failure to achieve the LSBE benchmark or demonstrate good faith efforts shall result in a bid or proposal being rejected. Prime Contractors that fail to attend the mandatory LSBE meeting in person or via video conference shall mean that the Prime Contractor has not demonstrated sufficient good faith efforts and its bid or proposal if submitted, shall be deemed non-responsive without any further review. Upon award, Prime Contractors are required to submit a report detailing LSBE Sub-Contractor usage with each request for payment and not less than on a monthly basis. Prime Contractors shall ensure that all LSBE sub-contractors have been paid within seven (7) days of the Prime’s receipt of payment from the County. Failure to provide requested reports/documentation shall constitute a material breach of contract, entitling the County to terminate the Contract for default or pursue other remedies. LSBE sub-contractors must confirm payments received from the Prime(s) for each County contract they participate in. For eligible bids/proposals valued over $5,000,000.00, the Mentor-Protégé provision of the Ordinance shall apply. Prime Contractors must agree to become mentors and take on an LSBE protégé in an effort to enhance the potential of future LSBEs. Qualifying projects shall be performed by both Mentor and Protégé through a subcontract between both parties. This requirement is in addition to all other applicable sections of the DeKalb First Ordinance. Please review the ordinance, section 2-214 or contact the LSBE Program Representative for detailed information regarding this initiative. http://www.dekalbcountyga.gov/purchasing-contracting/about-purchasing-and-contracting INVITATION NO. 22-101553 Page 39 of 49 EXHIBIT A SCHEDULE OF DEKALB FIRST LOCAL SMALL BUSINESS ENTERPRISE PARTICIPATION OPPORTUNITY TRACKING FORM As specified, Bidders and Proposers are to present the details of LSBE participation below: PRIME BIDDER/PROPOSER___________________________________________________________ SOLICITATION NUMBER: ITB#22-101553 TITLE OF UNIT OF WORK: “Breathing Air-Light Trailer” My firm, as the prime bidder/proposer on this unit of work, is a certified (check all that apply): ____LSBE-DeKalb ____LSBE-MSA 1. If you are a Certified LSBE-DeKalb or MSA, please indicate below the percentage of work that your firm will carry out directly: ____________________________________. 2. If the prime bidder/proposer is a joint venture, please describe below the nature of the joint venture and level of work and percentage of participation to be provided by the LSBE-DeKalb or MSA joint venture firm. ________________________________________________________________________ ________________________________________________________________________ 3. List the LSBE-DeKalb or MSA subcontractors and/or firms (including suppliers) to be utilized in of this contract, if awarded. No changes can be made in the subcontractors listed below without the prior written approval of the County. Please attach a signed letter of intent from all certified LSBEs describing the work, materials, equipment or services to be performed and/or provided and the agreed upon percentage of work to be performed. A Letter of Intent form is attached hereto as “Exhibit B”. Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed Percentage of work to be performed INVITATION NO. 22-101553 Page 40 of 49 Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed Percentage of work to be performed Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed Percentage of work to be performed Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed Percentage of work to be performed Please attach additional pages, if necessary. INVITATION NO. 22-101553 Page 41 of 49 EXHIBIT A, CONT’D DEKALB COUNTY CHECKLIST FOR GOOD FAITH EFFORTS (Waived for this solicitation) A bidder/proposer that does not meet the County’s LSBE participation benchmark is required to submit documentation to support all “Yes” responses as proof of “good faith efforts.” Please indicate whether or not any of these actions were taken: Yes No Description of Actions 1. Prime Contractors shall attend a MANDATORY LSBE Meeting in person or via video conference within two-weeks of advertisement of the solicitation. (waived for this solicitation) 2. Provide a contact log showing the company’s name, contact person, address, email and contact number (phone or fax) used to contact the proposed certified subcontractors, nature of work requested for quote, date of contact, the name and title of the person making the effort, response date and the percentage of work. 3. Provide interested LSBEs via email, of any new relevant information, if any, at least 5 business days prior to submission of the bid or proposal. 4. Efforts made to divide the work for LSBE subcontracting areas likely to be successful and to identify portions of work available to LSBEs consistent with their availability. Include a list of divisions of work not subcontracted and the corresponding reasons for not including them. The ability or desire of a bidder/proposer to perform the contract work with its own organization does not relieve it of the responsibility to make good faith efforts on all scopes of work subject to subcontracting. 5. Efforts were made to assist potential LSBE subcontractors meet bonding, insurance, or other governmental contracting requirements. Where feasible, facilitating the leasing of supplies or equipment when they are of such a specialized nature that the LSBE could not readily and economically obtain them in the marketplace. 6. Communication via email or phone with DeKalb First Program Staff seeking assistance in identifying available LSBEs. Provide DeKalb First Program Staff representative name and title, and date of contact. 7. For all contracts, a signed letter of intent from all certified LSBEs describing the work, materials, equipment or services to be performed or provided by the LSBE(s) and the agreed upon LSBE participation percentage shall be due with the bid or proposal documents. 8. Other Actions, to include Mentor/Protégé commitment for solicitations $5M and above (specify): Please explain all “no” answers above (by number): INVITATION NO. 22-101553 Page 42 of 49 This list is a guideline and by no means exhaustive. The County will review these efforts, along with attached supporting documents, to assess the bidder/proposer’s efforts to meet the County’s LSBE Participation benchmark. If you require assistance in identifying certified, bona fide LSBEs, please contact our LSBE Program representatives at DeKalbFirstLSBE@dekalbcountyga.gov or 404-371-4770. INVITATION NO. 22-101553 Page 43 of 49 EXHIBIT A, CONT’D DEKALB FIRST LOCAL SMALL BUSINESS ENTERPRISE SCHEDULE OF PARTICIPATION OPPORTUNITY TRACKING FORM Bidder/Proposer Statement of Compliance Bidder(s)/Proposer(s) hereby state that they have read and understand the requirements and conditions as set forth in the objectives and that reasonable effort were made to support the County in providing the maximum practicable opportunity for the utilization of LSBEs consistent with the efficient and economical performance of this contract. The Bidder and any subcontractors shall file compliance reports at reasonable times and intervals with the County in the form and to the extent prescribed by the Director of DeKalb County Purchasing and Purchasing and Contracting Department. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of Contractors and their subcontractors. 1. Non-Discrimination Policy a. During the performance of this agreement, Contractor agrees to conform to the following Non- Discrimination Policy adopted by the County. b. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or disability. The Contractor will take action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, national origin, or disability. Such action shall include, but not be limited to, the following: (1) Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth provisions of this non-discrimination clause. (2) Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or disability. c. Without limiting the foregoing, Contractor shall not discriminate on the basis of disability in the admission or access to, or treatment or employment in, the programs and activities, which form the subject of the contract. The Contractor will take action to ensure that applicants for participation in such programs and activities are considered without regard to disability. Such action shall include, but not be limited to, the following: (1) Contractor agrees to post in conspicuous places available to participants in its programs and activities notices to be provided setting forth the provisions of this non-discrimination clause. (2) Contractor shall, in all solicitations or advertisements for programs or activities, which are the subject of the contract, state that all qualified applicants will receive consideration for participation without regard to disability. 2. Commitment The undersigned certifies that he/she has read, understands, and agrees to be bound by the bid specifications, including the accompanying Exhibits and other terms and conditions of the Invitation to Bid and/or Request for Proposal regarding LSBE utilization. The undersigned further certifies that he/she is legally authorized by the bidder or responder to make the statements and representations in Exhibit A and that said statements and representations are true and correct to the best of his/her knowledge and INVITATION NO. 22-101553 Page 44 of 49 belief. The undersigned will enter into formal agreement(s) with the LSBE(s) listed in this Exhibit A, which are deemed by the owner to be legitimate and responsible LSBEs. Said agreement(s) shall be for the work and contract with the Prime Contractor. The undersigned understands and agrees that if any of the statements and representations are made by the Bidder knowing them to be false, or if there is a failure of the successful Bidder (i.e., Contractor) to implement any of the stated agreements, intentions, objectives, goals and commitments set forth herein without prior approval of the County, then in any such events the contractor’s act or failure to act, as the case may be, shall constitute a material breach of contract, entitling the County to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights and remedies the County may have for other defaults under the Contract. Additionally, the Contractor will be subject to the loss of any future contract awards by the County for a period of one year. Firm Name (Please Print): _________________________________________________________________ Firm’s Officer: _________________________________________________________________ (Authorized Signature and Title Required) Date Sworn to and Subscribed to before me this ____ day of_______________, 201__. _________________________________________________________________ Notary Public My Commission Expires:_____________________________________________ INVITATION NO. 22-101553 Page 45 of 49 EXHIBIT B LETTER OF INTENT TO PERFORM AS A SUBCONTRA