036_45 ITB FY25 Hall Co CHIP Single_Family Ho.pdf

Hall County Government

FINANCIAL SERVICES

PURCHASING DIVISION

POST OFFICE DRAWER 1435

GAINESVILLE, GA 30503

t: 770.535.8270 | f: 770.531.6711

FINANCIAL SERVICES DIRECTOR

Taylor Samples, CPA

ASSISTANT FINANCE DIRECTOR

Elizabeth White

PURCHASING MANAGER

Andy Penick

INVITATION TO BID

ITB #036-45

For the provision of:

FY25 Hall County CHIP Single-Family Home Repair

Project

Hall County, Georgia, Board of Commissioners (herein “County”), is seeking qualified contractors to provide all materials, labor, tools, equipment, permits, licenses, etc. for the repair of one (1) single-family home located in Gainesville, GA as per the Scope of Work (herein “Services”). The County seeks to award one (1) contractor to perform all the services.

Schedule of Events:

Date IFB Issued: December 30, 2024 Mandatory Pre-Bid Site Visit: January 14, 2025, 2:00pm. Contact the County Project Manager, Paige Smith (psmith@hallcounty.org), for the location.

Bidders’ Questions Due: January 21, 2025, 10:00am Answers to Questions Due: January 24, 2025 Bid Due Date: January 30, 2025, 2:00pm

Bidding Process: Hall County is now accepting sealed bids for the provision of Services in the County’s Purchasing Division, located on the fourth (4th) floor of the Hall County Government Center, 2875 Browns Bridge Road, Gainesville, GA 30504. Bidders must submit five (5) copies of their bids including all completed mandatory documents, signed affidavits in hardcopy, and include all documents loaded onto one (1) USB flash drive to the Purchasing Division by 2:00 p.m. EST on January 30, 2025.

Public Reading: Bid openings are open to the public and Bidders. Bidders are not required to attend bid openings but may do so. The Issuing Officer named herein will open and publicly read all Bidders’ company names and cost proposals on the date and time at the address above.

Addenda: If needed and in the best interest of the County, the Purchasing Division may make an extension of the bidding period by a formal written addendum and publicly posted on the County website. All addenda must be signed by the Bidder and returned with the bid packet.

Proposal Documents: Bidders may download bid submittal documents via the County’s website at https://www.hallcounty.org/Bids.aspx then scroll down and choose FY25 Hall County CHIP Single-Family Home Repair Project. All bid documents are available for download at the bottom of the webpage.

General Qualifications: Bidders must be in the regular business of providing similar services, be licensed, insured, and bonded to perform services in the State of Georgia.

Bid bonds and performance and payment bonds are not required for this project.

Bid Retention: Bidders may not withdraw their bid after the bid opening. Bids must be valid for ninety (90) calendar days. The County reserves the right to retain all bids submitted and use any idea(s) in a bid regardless of award. The County shall have the right to waive any informality or irregularity of immaterial deviation in any bid received. All forms and documents entitled “Mandatory” must be completed and returned with the bid. Please sign Exhibit B – Contract for Services.

Award Process: The County reserves the option to reject any or all bids, in whole or part, or to select any Bidder, without liability on part of the County to the Bidder to complete the described work. The County will award the contract to one (1) company to perform all work to the lowest cost, responsible and responsive bidder. Lead times and length of time to complete the services may also be a factor in award. The Bidder expressly understands that the County may reject bids for any reason.

Non-Collusion Clause: Bidders must have no contact of any nature with any other bidders, County staff members, its elected officials, nor Commissioners, during the evaluation process.

The County will deem such as collusion, and thus render the submission in violation of the Official Code of Hall County and thus the County may render the proposal as non-responsive and not evaluate the proposal for an award.

https://www.hallcounty.org/Bids.aspx

1.0 SCOPE OF WORK

Single-family home repairs per following Work Write-Up prepared by certified home inspector. Cost Proposal Worksheet included in Exhibit C must be completed with all requested information.

01 Miscellaneous:

1. Obtain all permits determined to be necessary by the local government permit office.

2. Provide temporary toilet facilities from job start until approval of permanent facilities.

3. After procuring all required permits, place a 30 cubic yard, roll-off dumpster without damaging the site. Collect construction debris using dust control methods.

02 Siding

1. Remove and replace rotten, damaged siding to the joint over nearest stud. Apply matching siding to walls with galvanized nails. Break all seams over studs. Prime ready for topcoat. Match existing paint.

03 Windows

1. Remove window components back to framing members with a minimum of damage to structure. Remove debris from site and haul to a legal landfill. Broom clean adjacent rooms.

2. Field measure, order and install low E vinyl, single hung, double glazed, one-over-one window and jamb including screen, caulk, interior casing and exterior trim. Install half screen.

04 Foundation

1. Remove all debris from crawlspace, dispose, and lay 6 mil poly vapor barrier on ground in crawlspace and 6” up foundation walls. Overlap seams by 2’ and secure with duct tape.

2. Install R-19 roll, fiberglass insulation to floor. Vapor barrier must face heated space. Use strong wire, “tiger teeth” or mesh to hold insulation in place (main section only).

05 HVAC

1. Remove and dispose of heat pump in legal landfill after removing all CFC and HCFSs.

Install a properly sized, split system, heat pump with 10 kw backup heat. Minimum SEER rating of 15 and HSPF of 9.0. Build a box in hall closet for return so filter can be changed inside house.

06 Electrical

1. Install a UL approved, ceiling mounted smoke and heat detector permanently wired into a receptable box. At least one must also serve as a carbon monoxide detector per floor.

07 Plumbing

1. Install a 33”x22”x5” double bowl, stainless steel, self rimming kitchen sink including a steel, metal body faucet with a 15-year drip-free warranty, trap, supply lines, and shut-off valves.

2. Test waste lines for leaks and proper venting. Check supply lines for leaks. Identify defects and submit to the agency a priced list of recommended repairs to bring structure into compliance with the current plumbing code.

08 Attic

1. Replace a 36” diameter or equivalent to existing house attic exhaust fan, include electrical feeder, wall switch and manufacturer’s shutter. $600 allowance for fan unit.

09 Cabinets

1. Dispose of countertop. Field measure and screw to base cabinet a post formed, plastic laminate countertop. Provide cutout for sink. Owner’s choice of in-stock color and texture.

2. Remove kitchen or bathroom cabinets by withdrawing fasteners to minimize wall damage. Remove debris from site and haul to a legal landfill. Vacuum wall and floor surfaces.

3. Replace base cabinets. Install base cabinet with doors of solid birch or ash stiles and veneered plywood panels. Frame with solid birch or ash stiles, ¼” veneered plywood sides and metal or plastic corner bracing. Drawers shall be made of wood or composition material. Owner’s choice of two in-stock designs.

4. Replace wall cabinets. Field measure and screw to studs, level and plumb, kitchen wall cabinet. Door to have solid wood stiles and plywood panels. Frame to have solid wood stiles, ¼” plywood sides, metal or plastic corner bracing.

5. Install hardware on cabinets.

10 Flooring

1. Dispose of and replace existing flooring in Bedrooms #2, 3, 4 and closets. Install 6”x36” vinyl tiles (min. 6 MIL) per manufacturer’s recommendations. Caulk edges of vinyl with clear silicone. Install metal edge strips in openings and shoe molding around perimeter.

Or install FHA approved, nylon, plush carpet over a ½” medium density rebond pad w/a minimum of seams. Stretch carpet to eliminate puckers, scallops, and ripples. Include tackles strips, metal edge strips, and mending tape to cover entire floor including closets.

Owner to choose from in-stock color of vinyl tile or carpet and has a choice of which rooms to install each flooring in (Bdrm #2, 3, 4, and closets).

2. Living Room, Dining, Hall and Bedroom #1: Repair damaged sections of oak floors.

Sand and refinish hardwood floors with homeowners’ choice of stain and at least two (2) coats of polyurethane plus a sealer.

11 Interior

1. Scrape existing texture from ceiling. Patch damaged areas and repair mud and tape as needed. Apply knockdown texture ceiling (Bdrm #1, 3, bathroom).

2. Provide a sum to address interior trim needs that maybe identified as work progresses.

3. Remove or cover hardware and accessories not to be painted. Scrape loose, peeling, cracked and blistered areas. Clean oil, grease, fungus, dirt and dust from surfaces. Fill holes and cracks. Prime all new materials and spot prime existing with acrylic latex.

Topcoat with owner’s choice of premixed acrylic latex. Replace or uncover hardware, fixtures and accessories (stains will need to be sealed with stain blocker).

12 Exterior

1. Dispose of any existing railing. Construct a preservative treated pine guard rail and hand railing using 2”x4” top and bottoms rails, and 2”x2” balusters face nailed 6” on-center.

Create a 3’6” high railing between 4”x4” end posts.

2. Install preservative treated code approved grabbable handrail supported by 4”x4” treated posts, 4’ on-center. Rail to be free from cracks, splinters, and rough edges. Set first post in a 12”x8”x12” concrete sleeve, bolt remaining posts to stringer with 7” lags.

3. Cover ground with drop cloth. Scrape loose, cracked, peeling, blistered paint from exterior trim. Dispose of chips properly. Feather edges and dull gloss with sandpaper.

Rinse trim with hose and let dry. Caulk all cracks. Spot prime and topcoat with owner’s choice of acrylic latex semi-gloss.

13 Post Construction

1. Scrape old and new paint from glass with a razor blade without scratching glass. Clean both sides of prime and any storm window to eliminate all smears and dirt.

2. Remove all foreign material damage to the original surface. Leave adjoining surfaces free of spills, splatters, and marks. Floors shall be vacuumed and wet mopped. Glass and mirrors shall be cleaned and left without paint or film. Yards shall be raked and free of all nails, glass, and paint chips.

2.0 GENERAL BUSINESS REQUIREMENTS

2.1 Debarment, Suspension, Ineligibility, and Voluntary Exclusions. As required by

Executive Orders 12549 and 12689, Debarment and Suspension, 2 CFR Part 180 and implemented by the Department of Commerce at 2 CFR part 1326, for prospective participants in lower tier covered transactions (except subcontracts for goods or services under the $25,000 small purchase threshold unless the subrecipient will have a critical influence on or substantive control over the award), the Contractor agrees that:

2.1.1. By entering into this Contract, the Contractor and subcontractors certify that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Contract by any federal department or agency.

2.1.2. Where the Contractor or subcontractors are unable to certify to any of the statements in this certification, the Contractor or subcontractors shall attach an explanation to this bid.

2.2 Insurance Requirements. If awarded, the Contractor must maintain insurance policies at the Contractor's own expense and must furnish the County with a Certificate of Insurance (COI) providing evidence of coverage at least in the amounts indicated in Exhibit B – Contract for Services. The COI must list County as the certificate holder and as an additional insured under the commercial general, automobile, and umbrella liability policies as follows: “Hall County, Georgia, its Board of Commissioners, officers, employees, servants, and agents, 2875 Browns Bridge Rd, Gainesville, GA 30504”.

2.3 Performance and Payment Bonds. Not Required.

2.4 Bid Bond. Not Required.

2.5 Drug-Free Workplace Act. The Contractor certifies compliance with the Drug-Free

Workplace Act of 1988.

2.6 Solid Waste Disposal Act. The Contractor certifies that it shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.

2.7 Energy Policy and Conservation Act. The Contractor shall comply with mandatory standards and policies outlined in the Energy Policy and Conservation Act (42 U.S.C. § 6201).

2.8 Equal Employment Opportunity. The Contractor shall comply with all provisions of the Equal Employment Opportunity Clause of Executive Order 11246 of September 24, 1965, and all rules, regulations, and relevant orders of the Secretary of Labor for the duration of the project.

2.9 Copeland Anti-Kickback Act. The Contractor shall comply with all provisions of the Copeland Anti-Kickback Act contained in 29 CFR Part 3.

2.10 Contract Work Hours and Safety Standards Act. The Contractor shall comply with all requirements of the Contract Work Hours and Safety Standards Act, as amended.

2.11 Clean Air Act. The Contractor shall comply with all requirements of the Clean Air Act, as amended, 42 U.S.C. 1857 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time.

2.12 Federal Water Pollution Control Act. The Contractor shall comply with all requirements of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251

et. seq.

2.13 Byrd Anti-Lobbying Amendment. The Contractor shall comply with all provisions of the Byrd Anti-Lobbying Amendment contained in 45 CFR Part 93.

3.0 SUBMISSION OF BIDS

3.1 Complete and include all the mandatory exhibit documents shown below in 3.3. Failure to include any of the mandatory documents listed may result in disqualification. All responses must be in writing.

3.2 Bidders must submit their response in a sealed envelope clearly marked with “ITB # 036-45, FY25 Hall County CHIP Single-Family Home Repair Project” on the outside.

The submittal must be signed. Faxed or emailed bids will not be accepted.

3.3 Follow these instructions carefully. Complete and return the following mandatory documents in your bid envelope.

Exhibit A – Mandatory Bid Response Sheet

Exhibit B – Mandatory Contract for Services

Exhibit C – Mandatory Cost Proposal Worksheet

Exhibit D – Mandatory W-9 Form

Exhibit E – Mandatory E-Verify Affidavit

Exhibit F – Mandatory Ethics Affidavit

Copy of Business License

Certificate of Insurance

3.4 Bidders are responsible to review and comply with any Addenda regarding this ITB that will be posted on the County website. Bidders must sign as acknowledged and return all addenda with the bid package response.

3.5 All bids must be sealed.

3.6 Any alternate options of additional services or deductions thereof may be included in the response; however, bidders must complete the cost worksheet as provided and enclose in the bid response.

3.7 Bids openings are open to the public. Bidders may attend, but they are not required to do so.

3.8 All bids, supporting materials, and correspondence relating to this ITB become property of the County.

3.9 Bidder bears all responsibility for expenses incurred in responding to this ITB.

3.10 Delivery. Bidders must submit bids to the following address by the deadline date and time. All deliveries must be date and time stamped. The County is not responsible for late bids due to mailing delays.

Cheryl Wright

Issuing Officer

Hall County Government Center

Purchasing Division – 4th Floor

2875 Browns Bridge Road

Gainesville, Georgia 30504

NOTICE: Bidders are responsible for delivering their bids to the Purchasing Division on the 4th floor of the Hall County Government Center before 2:00pm on the due date provided. All bids must be time stamped by the receptionist on the 4th floor.

EXHIBIT A

MANDATORY BID RESPONSE FORM

Bidders must complete and return this form with their bid.

By submitting a proposal, the respondent certifies that they have fully read and understand the proposal’s Scope of Work and requirements needed to complete the project. The services offered and prices on the cost proposal must be fixed and firm for at least ninety (90) days until project completion.

Bid No: ________________

Bid Name: ___________________________________________________

Date of Bid Submittal: _____________________

Affirmation: Bidder affirms the following by affixing a wet signature in blue ink below:

“I, the undersigned, agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this bid proposal”.

Company Name: ______________________________________________

Bidder Signature: ___________________________ Date: _____________

Print Name: ________________________________

Title: ______________________________________

Phone Number: _____________________________

Email Address: _________________________________________________

Physical Address 1: _______________________________________________

Physical Address 2: ______________________________________________

City/State/Zip: ______________________________________________

Unsigned bids may be declared as “non-responsive” and may not be evaluated.

If you desire to submit a “No-Bid” then please indicate by checking one or both of the reasons listed below and explain.

______ Bidder does not offer this product/service

______ Unable to meet specifications

______ Unable to meet scheduled time-line

EXHIBIT B – CONTRACT FOR SERVICES

STATE OF GEORGIA CONTRACT # 036-45

COUNTY OF HALL

For the provision of

FY25 Hall County CHIP Single-Family Home Repair Project

ARTICLE #101 – INTRODUCTION

This Contract for FY25 Hall County CHIP Single-Family Home Repair Project (hereinafter “Services”) is made and as entered into as of ________________________ (execution date) and ___________________________ (effective date) is by and between Hall County, Georgia, Board of Commissioners, (hereinafter “County”, “Owner”) principally located at 2875 Browns Bridge Rd, Gainesville, Georgia 30504, and ___________________________________________________, located at ____________________________________________________ (hereinafter “Contractor”).

WHEREAS Contractor is an entity that is legally registered and qualified and holding any such licenses and certifications as may be required to render Services to do business in the State of Georgia. County and Contractor are known individually as a “Party” and collectively as the “Parties”.

WHEREAS Nothing contained in this Contract shall be construed to convert the Contractor or any of its employees, agents, subcontractors, or sub-subcontractors into a partner, employee, or agent of the County, nor shall either Party to this Contract have any authority to bind the other in any respect.

WHEREAS the Contractor represents that it complies with the State of Georgia requirements for corporations and has signified a willingness to provide Services to the County and the County has relied on such representation; and, WHEREAS the Parties mutually desire to enter into this Contract to document the provision of Services by the Contractor to the County in exchange for payment as compensation; and, WHEREAS this contract will become legally binding upon signature by both Parties; and, WHEREAS any attached documents, plans, exhibits, attachments, or references are all incorporated herein by reference, and

NOW, THEREFORE and in consideration of the mutual promises, terms, conditions, covenants, and agreements made as expressed and contained herein, or attached, incorporated, and made a part hereof, and other good and valuable consideration expressed by a valid offer and acceptance, the receipt and sufficiency of which the Parties hereby acknowledge, the Parties hereto agree as follows:

ARTICLE #102 – CONTRACT

A. Contractor agrees to provide the Services to the County as detailed in the Scope of

Work.

B. County agrees to pay as compensation any fees as listed on the Exhibit C –

Mandatory Cost Proposal Worksheet.

ARTICLE #103 – NOTICES

To the extent that either Party to this Contract is required to provide notice(s) to the other Party in compliance herewith, then the Party shall direct notice(s) to the following persons:

COUNTY PROJECT MANAGER COUNTY ISSUING OFFICER

Paige Smith Cheryl Wright Grants Specialist Buyer Hall County Finance Department Hall County Purchasing Division 2875 Browns Bridge Rd 2875 Browns Bridge Rd Gainesville, GA 30504 Gainesville, GA 30504 psmith@hallcounty.org cwright@hallcounty.org Ph: 770-535-8274 Ph: 770-535-8263

CONTRACTOR’S CONTACT INFORMATION

Name: ___________________________________________________________________

Title: _____________________________________________________________________

Company Name: ___________________________________________________________

Physical Address: __________________________________________________________

City, State, ZIP: ____________________________________________________________

Email: ____________________________________________________________________

Phone: ___________________________________________________________________

REMIT TO ADDRESS (if different): ____________________________________________

ARTICLE #104 – NON-EXCLUSIVE RIGHTS

The Contract is not exclusive. The County reserves the right to select other Contractors to provide the Services similar to those described in this Contract during the term of the Contract should the need arise, or the Contractor fail to perform.

ARTICLE #105 – CONTRACT TERM

From Notice-to-Proceed until substantial and final completion of Services according to agreed time-schedule of and after all subcontractor(s) and material suppliers’ liens are satisfied.

ARTICLE #106 – CONTRACT AMENDMENTS AND MODIFICATION

This Contract may only be modified, amended, or changed in writing and fully executed by both Parties hereto. This Contract constitutes the sole and entire Contract and understanding between the Parties as to the subject matter hereof, and no verbal promises have been made by either Party in relation hereto.

ARTICLE #107 – REMEDIES AND CONTRACT PERFORMANCE

In the event that either Party to this Contract breaches this Contract, including failure to meet the timetables set forth herein, the non-breaching Party shall provide a written Notice-to-Cure to the breaching Party which describes the breach of this Contract. The breaching Party shall have thirty (30) days from the date of receipt of the written Notice-to-Cure the breach or to otherwise negotiate a resolution of the breach.

If the breach has not been cured and the Parties hereto have not resolved the issue described in the Notice-to-Cure by thirty (30) days after receipt of the letter, the Party authoring the letter shall be entitled to seek any and all remedies allowed by Georgia law, including damages, equitable relief, declaratory relief, specific performance, and/or relief as to any bonds issued hereon. Additional provisions are:

A. Delay or Impossibility of Performance. Any failure or delay must be beyond the reasonable control of and without the fault or negligence of the Contractor. If the Services to be provided to the County are interrupted by a force majeure event, as defined below, the County will be entitled to an equitable adjustment to the fees and other payments due to the Contractor under this Contract. If delay results from a subcontractor’s negligent conduct or failure to perform, the Contractor shall not be excused from compliance with the terms and obligations of the Contract.

Neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Contract for failure or delay in fulfilling or performing any obligation under this Contract when such failure or delay is caused by or results from causes beyond the reasonable control of the affected Party including, but not limited to, fire, floods, embargoes, acts of war, civil unrest, insurrections, riots, strikes, lockouts or other labor disturbances, or acts of God;

provided, however, that the Party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either Party shall provide the other Party with prompt written notice of any delay or failure to perform that occurs by reason of force majeure.

Definition: The term “force majeure” as defined in Black’s Law Dictionary is “an event or effect that can be neither anticipated nor controlled. It is a contractual provision allocating the risk of loss if performance becomes impossible or impracticable, especially as a result of an event that the Parties could not have anticipated or controlled.”

B. Obligations Beyond Contract Term. The Contract shall remain in full force and effect to the end of the specified term or until terminated or canceled pursuant to ARTICLE

#108 – TERMINATION PROVISIONS.

C. Transition Cooperation with the County and Cooperation with Other Contractors.

Contractor agrees that upon termination of this Contract for any reason, it shall provide sufficient efforts and reasonable cooperation and assistance to the County to ensure an orderly and efficient transition to the County or an alternative Contractor. Further, if the County has entered into or enters into contracts with other Contractors related to the Services, Contractor agrees to cooperate fully with other such Contractors. Contractor shall not engage in any act that will interfere with the performance of work by any other Contractor(s).

ARTICLE #108 – TERMINATION PROVISIONS

The County may terminate this Contract by providing thirty (30) days written notice to the Contractor at any time. Should the County terminate this Contract prior to the date of automatic termination, Contractor shall provide the County with all deliverables up to the date of termination thirty (30) days after the Notice to Terminate is issued. The County shall pay the Contractor for all work properly performed in compliance with the terms of this Contract up to the date of termination.

A. Termination for Convenience. Following thirty (30) days’ written notice, the County may terminate the Contract in whole or in part for any reason without the payment of any penalty or incurring any further obligation to the Contractor.

B. Termination for Cause. The occurrence of any of the following events shall constitute cause for the County to declare the Contractor in default of its obligations under the Contract:

1. The Contractor fails to deliver or has delivered nonconforming Services or fails to perform, to the County’s satisfaction, any material requirement of the Contract or is in violation of a material provision of the Contract including, but without limitation, the expressed warranties made by the Contractor.

2. The County determines that Contractor’s unsatisfactory performance substantially endangers completion or that default is likely to occur.

3. The Contractor fails to make substantial and timely progress toward performance of the Contract.

4. The Contractor becomes subject to any bankruptcy or insolvency proceeding under federal or state law to the extent allowed by applicable federal or state law including bankruptcy laws; the Contractor terminates or suspends its business; or the County reasonably believes that the Contractor has become insolvent or unable to pay its obligations as they accrue consistent with applicable federal or state law.

5. The Contractor has failed to comply with applicable federal, state, and local laws, rules, County ordinances, regulations, and orders when performing within the scope of the Contract.

6. The Contractor has engaged in conduct that has or may expose the County or the State to liability, as determined in the County’s sole discretion; or a material breach of the terms of the Contract by County upon County’s failure to cure such material breach after written notice thereof has been delivered in accordance with ARTICLE #108.C below constitutes cause for the Contractor to declare that the County is in default of its obligations under the Contract.

C. Notice of Default. If either Party causes any of the default events set out in ARTICLE #108 – TERMINATION PROVISIONS, then either Party shall issue a written Notice of Default to the Party that causes one (1) or more of the default events requesting that the breach or noncompliance be remedied within the period of time specified in the Notice of Default. If the breach or noncompliance is not remedied within the period of time specified in the written notice, the non-breaching Party may:

1. Immediately terminate the Contract for default without additional written notice;

and/or,

2. In the event of a breach by the Contractor, the County may procure substitute

Services from another source and charge the difference between the Contract and the substitute Contract to the defaulting Contractor; and/or,

3. Enforce the terms and conditions of the Contract and seek any legal or equitable remedies.

D. Termination Due to Non-Availability of Funds. This Contract will terminate immediately and absolutely if the County determines that adequate funds are de-appropriated such that the County cannot fulfill its obligations under the Contract, such determination being at the County's sole discretion and conclusive. County agrees to provide prompt written notice to Contractor in the event of any de-appropriation.

E. Termination due to Failure of Contractor to Act. The County may terminate the Contract for any of the following reasons effective immediately without advance notice:

1. If the Contractor must be certified or licensed as a condition precedent to providing the Services, the revocation, suspension, or other loss of such license or certification may result in immediate termination of the Contract effective as of the date on which the license or certification is no longer in effect.

2. The County determines that the actions, or failure to act, of the Contractor, its agents, employees, or subcontractors have caused, or reasonably could cause, life, health, or safety to be jeopardized.

3. The Contractor furnished any statement, representation, or certification in connection with the Contract or the bidding process, which is materially false, deceptive, criminal, or maliciously incorrect.

4. Failure of the Contractor to obtain, provide, maintain, and deliver the performance and payment bonds when required under this Contract, or failure to comply with any requirement pertaining to the appropriate amounts thereof as set forth in ARTICLE #123 – PERFORMANCE AND PAYMENT BONDS.

F. Payment Limitation in Event of Termination. In the event of termination of the Contract for any reason by County, the County shall pay only those amounts, if any, due and owing to the Contractor for Services actually received and accepted by the County up to and including the date of termination of the Contract and for which the County is obligated to pay pursuant to the Contract.

G. Contractor’s Termination Duties. Upon receipt of a Notice of Termination, the Contractor shall:

1. Cease work under the Contract and take all necessary or appropriate steps to limit disbursements and minimize costs and furnish a report within thirty (30) days of the date of Notice of Termination describing the status of all work under the Contract including, without limitation, results accomplished, conclusions resulting therefrom, and any other matters the County may require.

2. Immediately cease use and return to the County any personal property or materials, whether tangible or intangible, provided by the County to the Contractor.

3. Comply with the County’s instructions for the timely transfer of any active files and work product produced by the Contractor under the Contract.

4. Cooperate in good faith with the County, its employees, agents, and Contractors during the transition period between the Notification of Termination and the substitution of any replacement Contractor.

5. Contractor is to immediately return any payments made by the County for goods and services that were not delivered by the Contractor.

ARTICLE #109 – NO DEFENSE OR INDEMNIFICATION BY COUNTY

The Parties agree that the County shall not be responsible for defending or indemnifying any Contractor from any claim brought by any third party against the Contractor.

ARTICLE #110 – ASSIGNMENT AND DELEGATION BY CONTRACTOR

The Contractor shall not assign or delegate this Contract, or any performance required by it, in whole or in part, without the prior expressed written consent of the County.

ARTICLE #111 – USE OF THIRD PARTIES (SUBCONTRACTORS)

This Contract is for the benefit of the Parties hereto only and is not intended to benefit any third party or give rise to any duty or causes of action for any third party. All restrictions, obligations, and responsibilities of the Contractor under the Contract shall also apply to third parties such as subcontractors, if allowed in writing by the County. Any Contract with a subcontractor must also preserve the rights of the County.

ARTICLE #112 – ENTIRE CONTRACT

This Contract, as executed and approved, shall constitute the entire agreement between the Parties and supersedes all other prior and contemporaneous statements, agreements, and understandings between the Parties. No written or oral statements, agreements, or understandings that are not set out, referenced, or specifically incorporated in this Contract shall in any way be binding or of effect between the Parties.

ARTICLE #113 – SEVERABILITY

If any paragraph, sub-paragraph, sentence, clause, phrase, or portion of this Contract is declared invalid or unconstitutional by any Court of competent jurisdiction or if the provisions of any part of this Contract as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the remaining portions of this Contract not so held to be invalid or the application of this Contract to other circumstances not so held to be invalid.

ARTICLE #114 – RECORDS

A. Public Records Request. The Georgia Open Records Act, as provided in O.C.G.A. §

50-18-70 et seq, requires procurement records and all other records received by or prepared or maintained on behalf of the County shall be made open to public inspection unless otherwise provided by law.

B. Record Retention and Access. The Contractor shall maintain books, records, and documents in accordance with generally accepted accounting principles and procedures and which sufficiently and properly document and calculate all charges billed to the County throughout the term of the Contract for a period of at least five

(5) years following the date of final payment or completion of any required audit, whichever is later. Records to be maintained include both financial records and service records.

ARTICLE #115 – ADDITIONAL TERMS

The County shall not be bound by any terms and conditions included in any Contractor’s sales orders, literature, packaging, invoice, catalog, brochure, technical data sheet, on-line representation, warranties or service level agreement, or other document which attempts to impose any condition in variance with or in addition to the terms and conditions contained herein.

ARTICLE #116 – WAIVER

The failure of any Party hereto to seek a remedy for any alleged breach of this Contract shall not constitute a waiver of any claim, cause of action, or remedy allowed by Georgia law for breach thereof.

ARTICLE #117 – CONTRACTOR AND COUNTY RIGHTS AND OBLIGATIONS

A. The County has the right at any time to require the Contractor to put an immediate stop to any procedure, or the use of any equipment, chemical, material, personnel, etc. considered by the County to be hazardous or toxic to persons, buildings, or surfaces. The Contractor will utilize acceptable substitutes approved by the County as quickly as possible. In the event of such replacement, Contractor shall (i) notify County of any resulting replacement, (ii) introduce the individual serving as the replacement to County, and/or (iii) provide County with a résumé and any other information regarding the individual that may be reasonably requested by County.

B. The County has the right to require the Contractor to reassign or remove any employee or subcontractor’s employee from the premises temporarily or permanently when, in the County’s sole opinion, the employee is not suitable. The County’s decision shall be final, and Contractor will remove the employee immediately and replace with a person of at least equivalent training, experience, and requisite qualifications as quickly as possible, subject to the County’s approval.

C. Contractor agrees to obtain prior written approval from the County for the use of subcontractors to provide the Services described in Scope of Work prior to subcontractor’s performance of work.

ARTICLE #118 – INSURANCE REQUIREMENTS

The Contractor must procure and maintain insurance policies at the Contractor's own expense and must furnish the County with a certificate of insurance (COI) providing evidence of proof of coverage at least in the amounts indicated in this subsection. The COI must list “Hall County, Georgia” as the certificate holder and as an additional insured under the commercial general, automobile, and umbrella liability policies as follows:

“County of Hall, its Board of Commissioners, officers, employees, servants, and agents, 2875 Browns Bridge Rd, Gainesville, GA, 30504”. The policy must protect the Contractor and the County (as an additional insured) from any claims for bodily injury, property damage, or personal injury covered by the indemnification obligations set forth herein throughout the duration of the Contract. The Contractor must maintain the following insurance coverage during the term of the Contract, in at least the minimum amounts set forth below, to cover all loss and liability for damages or destruction of property caused by or arising from any and all services carried on and any and all work performed by the Contractor pursuant to this Contract:

Workers Compensation Insurance: Required for all contracts.

• $500,000 Bodily Injury by Accident – Each Accident

• $500,000 Bodily Injury by Disease – Each Disease

• $500,000 Bodily Injury by Disease – Each Employee

Additional Provisions: Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against Hall County Board of Commissioners (BOC), its elected or appointed officers, officials, agents, authorized volunteers, and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for Hall County BOC. This provision applies regardless of whether or not Hall County BOC has received a waiver of subrogation from the insurer.

General Liability Insurance: Required for all contracts.

• $2,000,000 General Aggregate

• $2,000,000 Products & Completed Operations Aggregate

• $1,000,000 Each Occurrence

• $1,000,000 Personal & Advertising Injury

• $500,000 Damages to Premises/Fire/Legal

• $5,000 Medical Payments

Commercial Auto Liability Insurance: Required for all contracts, except for goods and/or services that are remote in nature and/or are delivered by a professional delivery service.

• $1,000,000 Combined Single Limit Or $500,000 per Person/$1,000,000 per

Occurrence

• $100,000 Property Damage

• $1,000 for Medical Payments (no fault coverage)

Additional Provisions:

• Uninsured motorist’s coverage should be equal to the per occurrence limit except for contracts with other governmental entities.

• Coverage shall be included for any owned, leased, hired, or non-owned autos.

• For any contracts involving the transportation of hazardous materials, limited pollution endorsement ISO form CA9948 or its equivalent shall be on the policy.

Umbrella Liability Insurance: Required for all contracts.

$1,000,000 per Occurrence

Additional Provisions: Required for all contracts.

• Underlying coverage shall be General Liability, Automobile Liability, and Employers

Liability (Workers Compensation).

• Minimum limit of $5,000,000 per occurrence for all contracts over $1,000,000 or involving any special risks or high hazard activities.

• Minimum limit of $5,000,000 for automobile coverage for any transportation contracts involving seniors, special education, transit services, students, or youths.

• Concurrent policy dates with primary liability policies except for workers compensation.

Pollution Liability: Required for all road construction projects, work near wastewater, solid waste lines, or any work that involves handling, transporting, disposing, or working with hazardous materials, pollutants, water reclamation facilities, waste management, or other potentially toxic chemicals.

• $1,000,000 per Occurrence

• $1,000,000 Aggregate

Additional Provisions:

• Minimum limit of $5,000,000 per occurrence for all contracts over $50,000,000 or involving any special risks or high hazard activities

Professional Liability Insurance (Errors & Omissions): Required for all professional service contracts. This shall include any consultants, medical, legal, technical, insurance agents, or other professions that require proper licenses.

• $1,000,000 Each Claim/Wrongful Act

• $2,000,000 General Aggregate

• If written on a claim’s made policy, the policy must be maintained for at least two

(2) years after the completion of the work and/or contract.

Builders Risk: Hall County requires Builders Risk Coverage to be purchased by the Contractor for any construction project under $10,000,000 insuring the full value of the project.

ARTICLE #122 – COUNTY PAYMENT TO CONTRACTOR

A. The County will issue a Notice to Proceed (“NTP”) and a Purchase Order(s) (“PO”) to the Contractor. The terms of this Contract shall be incorporated by reference into any PO(s) issued prior to the expiration or termination of this Contract. The County will issue the NTP and PO(s) by electronic mail (e-mail) to the Contractor’s representative in ARTICLE #103 – NOTICES. A PO is considered “issued” when the e-mail containing the PO is sent by the County to the Contractor.

The Contractor shall not deliver any Services, equipment, devices, or components thereof until authorized in writing by the County through issuance of a PO, which shall provide a commencement date. Any work including, but not limited to, travel, preliminary meetings, planning, etc. performed outside of the terms and conditions of and before the issuance of a PO will not be considered for payment. Contractors are not to begin work or ship any product on any verbal communication from the County.

The County will not be liable for payment for any work or product with the issuance of a verbal communication.

The Scope of Work shall remain in effect from the NTP date to completion of the project. The Parties agree that the County will not pay or otherwise compensate the Contractor for any Services, materials, equipment, devices, or components thereof outside of the Scope of Work and/or beyond the term of this Contract, unless specifically authorized in writing as evidenced by an amendment pursuant to ARTICLE #106 – CONTRACT AMENDMENTS AND MODIFICATION, a time extension letter, or as otherwise authorized by the County.

B. Invoice/Payment

1. Applications for Payment Contractor shall submit Applications for Payment in accordance with the conditions of the Contract. For construction projects where a third-party Engineer of Record, General Contractor for Hire, or other County Representative, Applications for Payment may additionally be reviewed and approved.

2. Progress and Final Payments The County will make progress payments on account of the contract price on the basis of Contractor's Applications for Payment as recommended by Hall County or Engineer of Record, monthly during construction as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values provided for in the conditions of the Contract.

Prior to substantial completion, progress payments will be in an amount equal to 95 percent of the value of the work completed and 95 percent of the value of materials and equipment not incorporated in the work but delivered and suitably stored, less, in each case, the aggregate of payments previously made.

3. Contractor shall invoice the County via email each month solely to accountspayable@hallcounty.org and only after the County inspects and accepts the Services provided. Receipt of the Services does not constitute acceptance. Invoice amounts shall not exceed the Contractor’s pricing set forth in Exhibit C – Cost Proposal Worksheet.

Each properly prepared invoice must be sent in accordance with the instructions listed on the purchase order (PO). Each invoice shall include the Contractor’s current “Remit to” address, a description of the Services provided, the invoice amount, the Contract number, and the associated PO number issued. Standard payment terms are net 30 days (N30) in arrears from the date the invoice is accepted, following delivery of the Services. The County does not pay for services not yet received but only in arrears.

The Contractor shall be solely responsible for paying all costs, expenses, and charges it incurs in connection with its performance under the Contract.

C. Unsatisfactory Performance/Delay of Payment

1. If the County determines that the quality of the Services provided are deficient, unacceptable, or unsatisfactory the County’s Project Manager identified in ARTICLE #103 – NOTICES shall issue a written Notice to Cure to Contractor.

Contractor agrees that upon receipt of the written Notice to Cure it shall make every effort to correct the deficiency(ies) within the timeframe prescribed therein.

If the Contractor fails to timely correct the deficiency(ies), the County reserves the right to delay or deny payment pursuant to this ARTICLE or terminate the Contract pursuant to ARTICLE #108 – TERMINATION PROVISIONS.

2. Delay of Payment Due to Contractor’s Failure. If the County determines that the Contractor has failed to perform or deliver any Services as required by the Contract, the Contractor shall not be entitled to any compensation under the Contract until such Services are delivered and accepted. In this event, the County may withhold that portion of the Contractor’s compensation, which represents payment for Services that were not delivered. To the extent that the Contractor’s failure to perform or deliver in a timely manner causes the County to incur costs, the County may deduct the amount of such incurred costs as liquidated damages from any amounts payable to Contractor. The County’s authority to deduct such incurred costs shall not in any way affect the County’s authority to terminate the Contract.

D. Set-Off Against Sums Owed by the Contractor. If the Contractor owes the County any sum under the terms of this Contract, pursuant to any judgment or pursuant to any law, the County may set off the sum owed by the Contractor against any sum owed to the Contractor, in the County’s sole discretion.

E. Final Payment. Contractor shall issue an invoice for final payment to the County no later than thirty (30) days following the expiration or termination date of the Contract.

F. The Contractor must not factor or assign payments to another entity or a financial institution. The County will only pay the Party with whom it is contracted. The County will not under any circumstances pay a third party.

ARTICLE #123 – PERFORMANCE AND PAYMENT BONDS

Reserved.

ARTICLE #124 – RETAINAGE

The County will retain and withhold funds from compensation in compliance with Georgia law. The County may hold up to five percent (5%) retainage throughout the entire project and will release said retainage at the point of completion and final acceptance by the County.

ARTICLE #125 – VENUE AND GOVERNING LAW

The Parties agree that this Contract shall be interpreted, construed, and enforced in accordance with the laws of the State of Georgia. Should either party bring a legal suit to enforce the terms of this Contract, including suit in equity, the Parties agree and consent to file any such suit in the Superior Court of Hall County, Georgia.

ARTICLE #126 – NOTICE OF INTENT TO LITIGATE

Contractor hereby agrees not to file any civil action of disputes or claims relating to the Contract except after first giving thirty (30) days written notice to the County of the claim and the intent to initiate a civil action.

ARTICLE #127 – GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT (E-Verify) A. By signing this Contract, the Contractor certifies that prior to and throughout the performance of all applicable work under this Contract it will remain in full compliance with all federal and state immigration laws including, but not limited to, 8 U.S.C. § 1324a and the Georgia Security and Immigration Compliance Act (O.C.G.A. §13-10-90 et seq.), as amended by the Illegal Immigration Reform and Enforcement Act of 2011 regarding the verification of employment eligibility of employees under the Immigration Reform and Control Act of 1986. Contractor will ensure that only persons who are citizens or nationals of the United States or non-citizens authorized under federal immigration laws are employed to perform services under this Contract or any subcontract or sub-subcontract hereunder.

B. Contractor further certifies its compliance with the aforementioned federal and state immigration laws set forth by signing a sworn affidavit, the Georgia Security and Immigration Compliance Act Affidavit (herein known as Exhibit E – E-Verify Affidavit), notarized by an Official Notary Public and incorporated herein by reference, and obtaining the same affidavit(s) from any subcontractor providing services pursuant to this Contract.

ARTICLE #128 – ORDER OF PRECEDENCE

In the event of any inconsistency, ambiguity, or conflict among the specific provisions of the Contract and the Contractor’s response, the…