1-1 - Request for Proposal Document.pdf

COLUMBIA COUNTY, GEORGIA

RFP# 2025036-RFP3313

NPDES SAMPLING AND REPORTING

Proposals are due on Thursday, October 23, 2025 no later than 12:00:00 PM ET at https://columbiacountyga.bonfirehub.com

Deadline for Questions will be

Wednesday, October 15, 2025 at 5:00:00 PM ET

Please email any questions to Chris Landers:

clanders@columbiacountyga.gov

*PLEASE NOTE THE VENDOR IS ULTIMATELY RESPONSIBLE FOR VERIFYING

THEY HAVE RECEIVED ANY/ALL ADDENDA PRIOR TO THE PROPOSAL

OPENING*

https://columbiacountyga.bonfirehub.com/ mailto:clanders@columbiacountyga.gov

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Table of Contents

CONTENTS PAGE

GENERAL INFORMATION 3

BACKGROUND & PURPOSE 4

SCOPE OF WORK 4

MANDATORY REQUIREMENTS 4

COST INFORMATION 5

PROPOSAL EVALUATION CRITERIA 5

SELECTION PROCESS 5

FINAL SELECTION 5

PROCEDURES FOR SUBMITTING PROPOSALS 6

COUNTY INSURANCE REQUIREMENTS 7

TERMS AND CONDITIONS 7

DRAFT CONTRACT EXHIBIT A

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General Information

• Specifications / Requirements / Documentation can be obtained by registering on the

Columbia County E-Procurement website: https://columbiacountyga.bonfirehub.com

• Any inquiries should be directed to:

Chris Landers, CPPB, Procurement Supervisor Columbia County Board of Commissioners Procurement Department E-mail: clanders@columbiacountyga.gov

• Proposals will be received electronically at:

https://columbiacountyga.bonfirehub.com

• Proposals are due Thursday, October 23, 2025 no later than 12:00:00 PM ET. Proposals received after this time will be marked “LATE” and will not be considered.

• No faxed or e-mailed proposals will be accepted.

• If a vendor becomes aware of alternate solutions or objections that do not meet the attached specifications, it is to the vendor’s advantage to notify the Procurement Department no later than 5 working days before the proposal opening date. Procurement, along with the requesting department, will determine if an addendum revising the specifications will be issued or if postponement of the proposal opening is necessary.

• All requested information should be provided in order for a proposal to be considered responsive.

However, any vendor that submits in its proposal to the County any information that is determined to be substantially inaccurate, misleading, exaggerated, or incorrect shall be disqualified from consideration.

• Addenda will be posted on the Columbia County E-Procurement web site (https:// columbiacountyga.bonfirehub.com).

• Email Chris Landers at clanders@columbiacountyga.gov should any questions arise.

Glenn O’Steen, MBA Procurement Manager mailto:bbell@columbiacountyga.gov

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Background & Purpose

The Columbia County Board of Commissioners has issued this Request for Proposal for the sole purpose of obtaining responsive proposals from firms to provide NPDES Sampling and Reporting. The selected provider would be responsible for providing samples as required in accordance with EPD Construction General Permits (GAR100001, 100002, and 100003) and prepare responses in Georgia EPD Online System (GEOS) for County Staff approval.

Scope of Work

Sampling: All sampling shall be collected by “grab samples.” The analysis of these samples must be conducted in accordance with methodology and test procedures established by 40 CFR Part 136 (unless other test procedures have been approved), the guidance document titled “NPDES Storm Water Sampling Guidance Document, EPA 833-B-92-001,” and other guidance documents that may be prepared by the EPD.

Reporting: All sampling reports shall include the following information:

a. The rainfall amount, date, exact place and time of sampling or measurements

b. The name(s) of the certified personnel who performed the sampling and measurements

c. The date(s) analyses were performed

d. The time(s) analyses were initiated

e. The name(s) of the certified personnel who performed the analyses

f. Referenced and written procedures, when available, for the analytical techniques or methods used

g. The results of such analyses are sent electronic using GEOS

h. Results which exceed 1000 NTU shall be reported as “exceeds 1000 NTU”

i. Certification statement that sampling was conducted per the Plan

Certifications/Requirements:

• Firms must provide GSWCC (Georgia Soil and Water Conservation Commisison) Certified Personnel with minimum of 5-years Level 1B-Red Card certification.

• Firms must provide GEOS (Georgia EPD Online System)-Approved responsible official with EPD to submit required submittals in GEOS

• NTU sampling must be analyzed within 48 hours with an EPD approved water quality kit.

Sampling is required after each qualifying rain event of ½” or more.

Mandatory Requirements

The attached questionnaire titled “Mandatory Requirements” should be completed in its entirety, and directly within the questionnaire spreadsheet provided in Bonfire. Your firm’s response to the Mandatory Requirements will be used to compare each firm side by side. Please be sure to include the answers to all questions within the appropriate cells for each. “See page… or See exhibit...” is NOT recommended. At a minimum, a summary of your complete answer is to be included on the spreadsheet. Columbia County requires proposals to be easy to understand and all reasonable care should be taken to limit responses to pertinent information. Any additional company/marketing information is welcome and should be presented as attachments within the ‘Additional Information’ area in Bonfire.

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Cost Information

All cost information SHOULD be submitted in the appropriate bid table and/or questionnaire in Bonfire.

Any additional information/attachments related to Costs are welcome and should be presented as attachments in the ‘Additional Cost Information’ area in Bonfire. Cost information SHOULD NOT be included in ANY other section of your RFP submittal.

Proposal Evaluation Criteria

The following criteria will be used to evaluate all proposals. Please note the proposal must meet all mandatory requirements in order to be evaluated.

CRITERIA POINTS

A. Methodology and Approach 500

• Approach

• Additional Information

• Executive Summary/Corporate Profile

• Staffing

• Project Experience & References

B. Costs Associated with Services 500

TOTAL POINTS 1000

Selection Process

General The Evaluation Committee, comprised of representatives from various departments within Columbia County, will evaluate all qualifying proposals. All requirements outlined in this RFP must be met to ensure the proposal qualifies for consideration. Columbia County desires to receive proposals only from companies that can demonstrate the specified qualifications described within this RFP.

References Current and previous clients of each firm that submits a proposal may be approached with specific questions regarding performance. Responses to these questions may be used as part of the evaluation process.

Final Selection

The Evaluation Committee will present their recommendation to the appropriate oversight committee for review and recommendation. The Columbia County Board of Commissioners will make the final decision.

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Procedures for Submitting Proposals

Each vendor must carefully follow all instructions included within the formal solicitation documents regarding the proper submission of a response. Failure to comply with conditions set forth in the solicitation may result in disqualification.

Each Proposer should complete and submit all requested items and information within the Bonfire portal at https://columbiacountyga.bonfirehub.com.

Questions about the responses to the request for proposals should be made in writing via the Bonfire portal.

Questions may also be submitted via mail or email to:

Attn: Chris Landers, CPPB, Procurement Supervisor Mailing Address: Columbia County Board of Commissioners Procurement Department 500 Faircloth Drive, Building E Evans, GA 30809 E-mail: clanders@columbiacountyga.gov

• Proposals must be received no later than Thursday, October 23, 2025 at 12:00:00 PM ET to be considered. Responses received after this time will be unopened and marked LATE.

• Deadline for questions will be Wednesday, October 15, 2025 at 5:00 PM ET.

• Responses will be retained as property of Columbia County.

• Columbia County is not liable for any costs incurred by proposers prior to issuance of a Notice to Proceed

• Companies responding to this RFP must be available for presentation(s) and/or interview(s)

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County Insurance Requirements

Minimum coverages must meet or exceed the following:

1. Worker’s Compensation – Required for ALL vendors Statutory

2. General Liability (Including Bodily Injury, $2,000,000 each Occurrence Property Damage and Contractual Liability)

3. Automobile Liability (Including Bodily Injury & Property Damage) $1,000,000 each Occurrence

A valid Certificate of Insurance and applicable endorsements must be provided within ten (10) business days of final execution of the contract and/or issuance of a Notice to Proceed. The Certificate of Insurance MUST list Columbia County, Georgia as the Certificate Holder as well as AN ADDITIONAL INSURED. The address is 500 Faircloth Drive, Bldg E, Evans, GA 30809.

Reference to the contracted project should be listed in the “Description of Operations/Locations” box as follows:

“Columbia County, Georgia is named as an Additional Insured ATIMA in reference to “NPDES Sampling and Reporting” under the General, Contractual, and Automobile Liability coverage and will receive (30) thirty days prior written notice of cancellation on this policy.”

Policy endorsements must be provided for:

1. The addition of Columbia County, GA as an Additional Insured

2. Providing the County with 30 days prior written notice of cancellation on the policy

Terms and Conditions

1. Columbia County, GA (the County) reserves the right to reject any or all proposals.

2. The County reserves the right to accept proposals deemed advantageous to the Board of Commissioners.

3. The County is NOT liable for any costs incurred by proposers prior to the issuance of a Notice to Proceed.

The County shall not be liable for any expense incurred in connection with preparation of a response to this document. Vendors should prepare a straightforward and concise description of their ability to meet the requirements of this document.

4. It is the intent of the County to award a contract for these products and/or services based on an evaluation of all proposals for a period of two (2) years with an option to renew for three (3) additional one year terms.

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Terms and Conditions (Cont.)

5. Any objections to the specifications, scope of work, or requirements should be filed in writing prior to the proposal deadline. Procurement, along with the requesting department, will determine if an addendum revising the solicitation documents will be issued or postponement of the proposal opening is necessary.

The County is interested in any and all details of other innovative and original ideas above and beyond those discussed in this Request for Proposal.

6. The County will evaluate all qualifying proposals that are submitted. All requirements in this RFP should be satisfied to ensure that the proposal would qualify for consideration. The County desires to receive proposals only from Vendors who can demonstrate the specified qualifications mentioned in this RFP.

7. All requested information should be provided in order for a proposal to be considered responsive. However, any vendor which submits in its proposal to the County any information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, shall be disqualified from consideration.

8. The contracted company will correct any and all errors and omissions that they make, at their own expense.

9. Responses will be retained as property of Columbia County, GA.

10. Columbia County does not guarantee quantities.

11. County staff MAY elect to hold presentations and/or interviews. All firms responding to this Request for Proposal should be available, if deemed necessary by the County, within two (2) weeks following the proposal due date.

12. The selected company shall be required, before awarding of contract, to demonstrate to the complete satisfaction of the County that they have the necessary resources to execute the work in a satisfactory manner and within the time specified; they have had experience of a same or similar nature; they have a past history and references which will assure the company’s qualifications for executing the work.

13. Following award of contract, firm must coordinate all activities with the appropriate County Staff.

14. The successful company shall not discriminate against any person in accordance with Federal Laws or Regulations.

15. Columbia County reserves the right to use any and all concepts presented in any proposal to obtain the most beneficial and effective path to achieving its desired goals for the products and services requested. Selection or rejection of proposal(s) will not affect this right. All proposals will be evaluated and, at Columbia County’s discretion, an award made to the Proposer who demonstrates the best ability to satisfy the scope of work in the most timely and cost effective manner possible.

16. All rates shall be guaranteed through the initial term of the contract, unless otherwise specified.

17. The term of the contract(s) issued as a result of this request for proposal shall be for not less than one (1) year, subject to earlier termination as provided by law and by the terms of the contract. In addition, unless otherwise specified in the proposal, the award of this contract shall include the right at the option of the County, contingent upon the agreement by both parties to any change in rates/costs or services, to renew and extend this contract on a year-to-year basis as may be permitted by applicable law and County Policy, for up to four (4) additional one year terms.

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18. Columbia County reserves the right, if deemed necessary, to conduct discussions with any or all Proposers for the purpose of clarification of proposals.

19. Columbia County reserves the right to make such investigation and solicit additional information or submittals as it deems necessary to determine the ability of any proposer to perform the Scope of Work stated in this Request for Proposal.

20. This RFP does not constitute an offer or a contract with the Proposer. A contract or agreement is not implied until a contract is approved and executed by the Columbia County Board of Commissioners.

21. Columbia County reserves the right to cancel the contract with a 30-day notice if it is determined by the Board of Commissioners to be in the best interest of the County.

22. All proposals are to remain confidential until award is made or RFP is canceled. Any proposer distributing, publishing, or posting their proposal prior to this time may be subject to disqualification.

23. Companies must have a willingness to commit to specified levels of performance for service and quality.

24. Any interpretation of the RFP will be made only via an addendum. Addenda will be prepared as quickly as possible for dissemination to all registered vendors for the specific commodity(ies).

25. Anyone making a proposal may withdraw their proposal up to the time specified as the closing time and date for acceptance of proposals. No proposer may withdraw, cancel, or modify their proposal except as requested by Columbia County, after being notified that the proposal has been accepted.

26. To inspect and/or receive records on previous solicitations, please visit http://www.columbiacountyga.gov/community/information-/county-information/open-records-request to submit your request through the Open Records Request Portal. By using this portal, you will have the ability to track and monitor your public records request. All Communication will be sent directly to your email account.

27. Compliance with Applicable Law Contractor agrees to comply with all federal, state, county and local laws ordinances and regulations applicable to the work to be done under this Contract. Contractor specifically agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990 (Public Law 101-336) and all regulations and administrative rules established pursuant to those laws.

28. Independent Contractor Status The service(s) to be rendered under this Contract are those of an independent contractor. Contractor is not to be considered an agent or employee of Columbia County for any purpose, and neither Contractor nor any of Contractor’s agents or employees is entitled to any of the benefits that Columbia County provides for its employees.

29. Severability If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular term or provision held to be invalid.

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30. All companies and their agents who intend to, or have submitted Proposals to this solicitation are hereby placed on formal notice that lobbying of Columbia County Government employees or members of the Evaluation Panel with the intent to manipulate the Procurement process may result in the immediate disqualification of such company by the County from further consideration for this project.

31. Indemnity and Insurance: To the extent permitted by law, the Contractor shall indemnify and save Columbia County, its officers, agents, employees from and against all loss, cost, damages, expense and liability caused by an accident or other occurrence resulting in bodily injury, including death, sickness and disease to any person(s); or damage or destruction to property, real or personal, arising directly or indirectly from the work performed by the consultant, its subcontractors or employees.

R E C I T A L S:

The County desires to engage the Vendor to provide «ContractPurpose» to Columbia County, and the Vendor desires to accept such engagement, upon and subject to the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the County and the Vendor hereby agree as follows:

ARTICLE 1

ENGAGEMENT AND SCOPE

1.1 The County hereby engages the Vendor to provide «ContractPurpose» to Columbia County (the “Work”) in accordance with the Contract Documents (defined in Section 4.1 hereof), including the Vendor's Scope of Work, dated «DateofVendorsProposal», (the "Proposal"), which is Exhibit “A” attached hereto and made a part hereof. The Vendor hereby accepts such engagement, upon the terms and conditions hereinafter set forth.

1.2 The Vendor shall provide, furnish and perform all necessary labor and services (including equipment and supplies) and provide and furnish all necessary supplies, materials and equipment required to complete the Work in accordance with the Contract Documents. The type and quantity of service will correspond to the specifications in the Vendor’s Proposal, which is Exhibit “A” (The “Proposal”) and the Cost Sheets, which is Exhibit “B”, and attached hereto and made a part hereof. The Vendor hereby accepts such engagement, upon the terms and conditions hereinafter set forth.

1.3 The Vendor shall provide, furnish and perform all necessary labor and services (including equipment and supplies) and provide and furnish all necessary supplies, materials and equipment required to complete the Work in accordance with the Contract Documents. The type and quantity of service will correspond to the specifications in the Vendor’s Proposal, which is Exhibit “A” (The “Proposal”), and attached hereto and made a part hereof. The Vendor hereby accepts such engagement, upon the terms and conditions hereinafter set forth.

1.4 The Vendor shall provide, furnish and perform all necessary labor and services (including equipment and supplies) and provide and furnish all necessary supplies, materials and equipment required to complete the Work in accordance with the Contract Documents. The type and quantity of service will correspond to the specifications in the County’s Solicitation, «SolicitationNumber», which is Exhibit “B” (the Solicitation), and the Cost Sheets, which is Exhibit “C”, and attached hereto and made a part hereof. In the event of conflicting specifications for the Work, Exhibit “B” (the Solicitation) shall govern. The Vendor hereby accepts such engagement, upon the terms and conditions hereinafter set forth.

1.5 The Vendor shall provide, furnish and perform all necessary labor and services (including equipment and supplies) and provide and furnish all necessary supplies, materials and equipment required to complete the Work in accordance with the Contract Documents. The type and quantity of service will correspond to the specifications in the County’s Solicitation, «SolicitationNumber», which is Exhibit “B” (the Solicitation), and attached hereto and made a part hereof. In the event of conflicting specifications for the Work, Exhibit “B” (the Solicitation) shall govern. The Vendor hereby accepts such engagement, upon the terms and conditions hereinafter set forth.

DRAFT

EXHIBIT A

1.6 The Vendor shall provide, furnish and perform all necessary labor and services (including equipment and supplies) and provide and furnish all necessary supplies, materials and equipment required to complete the Work in accordance with the Contract Documents. The type and quantity of service will correspond to the specifications in the County’s Solicitation, «SolicitationNumber», which is Exhibit “B” (the Solicitation), and attached hereto and made a part hereof. In the event of conflicting specifications for the Work, Exhibit “B” (the Solicitation) shall govern. The Vendor hereby accepts such engagement, upon the terms and conditions hereinafter set forth.

1.7 If the Vendor is of the opinion that any service requested of it hereunder is beyond the Scope of the Work as provided in the Contract Documents, the Vendor shall promptly notify the County in writing of such opinion and the reasons for the same, with specific references to the Contract Documents. The County shall be the sole judge as to whether or not such service is in fact beyond the Scope of the Work.

1.8 No additional services beyond the Scope of the Work as provided in the Contract Documents shall be performed by the Vendor unless the County shall, in writing, have specifically directed such services to be performed, and a Change Order (hereafter defined) shall have been signed by the County and the Vendor.

In the event of noncompliance with the foregoing, the Vendor shall neither have nor make any claim for additional compensation by reason of a claim for additional services.

1.9 The term “Change Order” as used herein is a written order to the Vendor, issued and signed by the County after execution of this Agreement, authorizing a change in the Work or an adjustment in the Contract Price (hereafter defined) or the Term (hereafter defined). Unless the Vendor requests a modification in such Change Order, the Vendor shall sign the Change Order and return a copy thereof to the County within ten

(10) business days after it has received the same. The Vendor shall have ten (10) business days from its receipt of a Change Order within which to request a modification thereto. Failure of Vendor to respond to a Change Order within such ten (10) day period shall be deemed to signify Vendor's acceptance of such Change Order as if Vendor had signed the same without modification. If Vendor requests a modification of a Change Order, County shall have ten (10) business days from receipt of such request to accept such modification in writing. If not so accepted, such request is deemed to be rejected.

ARTICLE 2

TERM AND FORCE MAJEURE

2.1 If the Vendor is delayed at any time in the progress of the Work by labor disputes, fire, adverse weather conditions not reasonably anticipated, unavoidable casualties, or any other causes beyond the Vendor's control and without the fault or negligence of Vendor, the Vendor shall prepare and submit to County within five (5) calendar days of the occurrence a written report of its assessment of the occurrence and any proposed amendment to the Term. The Vendor shall proceed with due diligence to alleviate any such delay and shall continue in the performance of its obligations hereunder. The County may determine, in its sole discretion, after the receipt of such notice of delay from the Vendor, whether to terminate this Agreement in accordance with Article 12 hereof or extend the Term by Change Order for such time as the County may determine.

2.2 The term of this Agreement shall commence on «EffectiveDate» and terminate on «ExpirationDate» subject to Owner’s right to terminate this Agreement, if for any reason the Owner is dissatisfied with the Vendor’s performance. Termination rights shall be governed by Section 12 of this Agreement. The County is granted the options to renew this agreement for a term of one year, beginning at the end of the initial term, for a second term of one year, beginning at the end of the first renewal term, for a third term of one year, beginning at the end of the second renewal term, and for a fourth term, beginning at the end of the third renewal term. These renewals may be canceled by the County at any time prior to the beginning of the renewal term to which each applies.

ARTICLE 3

COMPENSATION AND METHOD OF PAYMENT

3.1 County shall pay Vendor a fee for completion of the Work determined in accordance with Section 3.2. The fee payable to the Vendor hereunder, as stated on the Proposal (Exhibit “A”) shall correspond to the invoices of completed work, and will not exceed the amount quoted on Exhibit “A”, unless Vendor requests and County authorizes in writing an increased amount.

3.2 County shall pay Vendor a fee for completion of the Work determined in accordance with Section 3.2. The fee payable to the Vendor hereunder, as stated on Cost Sheets (Exhibit “C”) shall correspond to the invoices of completed work, and will not exceed the amount quoted on Exhibit “C”, unless Vendor requests and County authorizes in writing an increased amount.

3.3 County shall pay Vendor a fee for completion of the Work determined in accordance with Section 3.2. The fee payable to the Vendor hereunder, as stated on Cost Sheets (Exhibit “B”) shall correspond to the invoices of completed work, and will not exceed the amount quoted on Exhibit “B”, unless Vendor requests and County authorizes in writing an increased amount.

3.4 Vendor shall submit an invoice based on the satisfactory completion of each phase of the Work outlined in the Vendor’s Proposal provided. The review and acceptance of or notice of defects in the work performed will not exceed 30 days from receipt of said work. The invoice shall list the charges for each task or portion of the Work performed.

a. Each such invoice shall also contain Vendor's certification in the form of Executed Release of Claims, which is Exhibit “C” attached hereto and made a part of, certifying that the task or portion of the Work described in the invoice has been completed in accordance with the Contract Documents, that the amount of all items due to third parties has been paid, and that the amount of such invoice is due to the Vendor.

Such invoice shall not contain any surcharge for amounts paid to third parties by Vendor.

b. Each such invoice shall also contain Vendor's certification in the form of Executed Release of Claims, which is Exhibit “B” attached hereto and made a part of, certifying that the task or portion of the Work described in the invoice has been completed in accordance with the Contract Documents, that the amount of all items due to third parties has been paid, and that the amount of such invoice is due to the Vendor.

Such invoice shall not contain any surcharge for amounts paid to third parties by Vendor.

c. Each such invoice shall also contain Vendor's certification in the form of Executed Release of Claims, which is Exhibit “D” attached hereto and made a part of, certifying that the task or portion of the Work described in the invoice has been completed in accordance with the Contract Documents, that the amount of all items due to third parties has been paid, and that the amount of such invoice is due to the Vendor.

Such invoice shall not contain any surcharge for amounts paid to third parties by Vendor.

3.5 County shall pay the full amount of an invoice in accordance with the Georgia Prompt Pay Act after receipt of the invoice and accompanying financial report, prepared as described herein. If, however, County objects to all or any portion of any invoice, County shall so notify Vendor of the same, stating the reasons for the objection. County shall be entitled to withhold payment of any amounts in dispute, but shall make payments on amounts not in dispute. The parties shall immediately make every effort to settle any disputed portion of the invoice. If Vendor does not make an effort to correct deficiencies, the amount deducted from the invoice will correspond to the amount as explained in the Performance Measure section of the County’s Solicitation, Exhibit “B”.

3.6 County shall pay the full amount of an invoice in accordance with the Georgia Prompt Pay Act after receipt of the invoice and accompanying financial report, prepared as described herein. If, however, County objects to all or any portion of any invoice, County shall so notify Vendor of the same, stating the reasons for the objection. County shall be entitled to withhold payment of any amounts in dispute, but shall make payments on amounts not in dispute. The parties shall immediately make every effort to settle any disputed portion of the invoice. If Vendor does not make an effort to correct deficiencies, the amount deducted from the invoice will correspond to the amount as explained in the Performance Measure section of the Vendors Proposal, Exhibit “A”.

ARTICLE 4

CONTRACT DOCUMENTS

4.1 The Contract Documents consist of this Agreement, the specifications stated in the Vendors Proposal, the attached Exhibit(s), all Amendments, and all accepted Change Orders. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. The Contract Documents are complementary, and what is required by any one shall be deemed to be required by all; provided however, if there is any conflict between the terms of this Agreement and any of the other Contract Documents, the terms of this Agreement shall control.

4.2 The Contract Documents consist of this Agreement, the specifications stated in the original Solicitation by Columbia County, the attached Exhibit(s), all Amendments and all accepted Change Orders. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. The Contract Documents are complementary, and what is required by any one shall be deemed to be required by all; provided however, if there is any conflict between the terms of this Agreement and any of the other Contract Documents, the terms of this Agreement shall control.

ARTICLE 5

COUNTY'S RESPONSIBILITIES

5.1 The County shall direct its officers, agents and employees to render all reasonable assistance and provide available data to the Vendor in connection with its performance of the Work under this Agreement. The Vendor shall have the duty to make independent inquiry as to the correctness of such data. The County agrees to furnish to the Vendor copies of any previous reports, data and drawings, which may be available and are pertinent to the Work. All such data provided shall remain the property of the County and shall be returned to the County upon termination of this Agreement.

ARTICLE 6

VENDOR'S REPRESENTATIONS, WARRANTIES AND RESPONSIBILITIES

6.1 The Vendor represents and warrants to the County that it has the authority to enter into this Agreement and to perform the Work, and that it is licensed and authorized to conduct business in the State of Georgia. The Vendor further represents and warrants that all Work performed by it hereunder (a) will be in conformance with the terms of the Contract Documents; (b) will be performed in a skillful and workmanlike manner; (c) will be performed by the proper number of experienced, skilled personnel, qualified by education or experience to perform their assigned tasks; and (d) will conform to the standard of care, skill and diligence according to the standards of the industry.

6.2 The Vendor shall at all times enforce strict discipline and good order among its employees and any subcontractors and shall not employ for the Work (i) any person, firm or corporation not skilled and licensed, if required, in the task assigned to him, or (ii) anyone who might endanger himself, others or the project. The Vendor shall be responsible to the County for the acts and omissions of its employees, agents, subcontractors and other persons performing any of the Work for the Vendor. The County reserves the absolute right to require the immediate removal of any such unskilled, untrained, or unfit person, firm, or corporation from participation in the Work.

6.3 Indemnity. Indemnification/Duty to Defend. During and after the term hereof, Vendor agrees to indemnify and hold harmless the County for all personal injuries, deaths, property loss or damage, or any other damages to any and all third parties, from any and all causes of action, claims, loss or damages, including reasonable attorney’s fees incurred in connection therewith, resulting to the County from any acts of the Vendor, its directors, officers, agents, or independent contractors in the performance of this Agreement.

Upon written request by County, Vendor shall defend and provide legal representation for any claims arising out of this Agreement due to the actions or inactions of the Vendor or its employees or agents, by attorneys and other professionals approved by County. Notwithstanding the foregoing, County may, in its sole discretion, engage its own attorneys and other professionals to defend or assist them with respect to such matters, and, at the option of County, its attorneys shall control the resolution of such matters. Upon demand, Vendor shall pay or, in the sole and absolute discretion of the County, reimburse the County for the payment of reasonable fees and disbursements of attorneys and other professionals in connection therewith. This indemnity obligation does not include liabilities caused by or resulting from the sole negligence of County.

6.4 The Vendor shall guarantee all work performed under this contract against defective workmanship or materials, and shall replace all such defective work, materials, or equipment furnished by the Vendor, for a period of two years from the date of final acceptance of the work, unless a longer period is otherwise provided for within the contract documents.

ARTICLE 7

SUBCONTRACTS

7.1 A subcontractor is a person or entity who provides services or performs Work for the Vendor or for a subcontractor of Vendor. The Vendor shall not employ any subcontractor without the prior written consent of the County and shall obtain a written agreement with each subcontractor. As between the County and the Vendor, the Vendor shall be responsible for the acts and omissions of its subcontractors and any portion of the Work performed by a subcontractor. The County may make reasonable requests for information and data concerning any and all subcontractors under this Agreement, and any other matter deemed by the County to be pertinent hereto, and the Vendor hereby agrees to submit such information and data promptly upon request.

ARTICLE 8

PROTECTION OF PERSONS AND PROPERTY

8.1 Vendor agrees to advise fully all of its employees, subcontractors and others working for the Vendor concerning environmental, safety and health procedures required by applicable state or federal law, regulation or order or required by the County; and to take the steps necessary to assure that such procedures are complied with.

ARTICLE 9

INSURANCE

9.1 The Vendor agrees at all times during the Term of this Agreement to maintain in full force and effect the following insurance coverages in at least the limits set forth in Section 9.2: Worker's Compensation (including occupational disease in accordance with applicable statutory and regulatory requirements);

Employer's liability insurance (including coverage on all of Vendor's employees engaged in the performance of the Work); and Comprehensive General Liability insurance (including protective liability covering death or bodily injury and contractual liability). Before commencement of any of the Work hereunder, the Vendor agrees to furnish to the County, on an annual renewal basis, certificates of insurance or other evidence satisfactory to the County to the effect that such insurance has been procured and is in force. The certificates shall accurately reflect the required insurance coverages, including any and all limitations, exclusions and restrictions, and provide that in the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice shall be given to the County.

9.2 For the purpose of this Agreement, Vendor shall not commence Work under this Agreement until they have obtained all the insurance required under this paragraph and such insurance has been approved by the County, nor shall Vendor allow anyone acting on their behalf to commence work pursuant to this Agreement until all similar insurance has been so obtained and approved from said person/entity.

a. Worker's Compensation Insurance: Vendor shall procure and shall maintain during the life of this Agreement Workers Compensation Insurance as required by law for all of their employees to be engaged in work on this Agreement.

b. Public Liability and Property Damage Insurance: Vendor shall take out and maintain during the life of this Agreement such Public Liability and Property Damage Insurance and Automobile Liability Insurance as shall protect them and anyone working on their behalf from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under this Agreement, whether such operations are by Vendor or by any subcontractor or by anyone directly or indirectly employed by either of them. The amount of such insurance shall be as follows:

i. Public Liability and Property Damage Liability Insurance: Vendor shall carry, with respect to the operations they perform, regular Contractor’s Public Liability Insurance providing for a limit of not less than one million dollars ($1,000,000) for all damage arising out of bodily injuries to or death of one person, and subject to that limit for each person a total of two million dollars ($2,000,000) for all damage arising out of bodily injuries to or death of two or more persons in any one accident and regular Contractor’s Property Damage Liability Insurance providing for a limit of not less than one million dollars ($1,000,000) for all damages arising out of injury to or destruction of property in any one accident and subject to that limit per accident, a total (or aggregate) limit of two million dollars ($2,000,000) for all damages arising out of injury to or destruction of property during the Policy period. If any part of the work is sublet, similar insurance, in the same amounts as required of the Vendor shall be provided by or in behalf of the subcontractor to cover their operation.

ii. Automobile Liability Insurance (owned, non-owned, hired): (a) Bodily injury in an amount not less than one million dollars ($1,000,000) including accidental death to any one person and subject to the same limit for each person, in an amount not less than two million dollars ($2,000,000) on account of one accident. (b) Property damage in an aggregate amount up to two million dollars ($2,000,000) per accident during the Policy Period.

If applicable to contracted services:

iii. Professional Liability Insurance: Errors and Omissions Insurance in the amount of not less than one million dollars ($1,000,000) per claim during the Agreement term and for a period of at least five years after the Agreement is closed. Such policy shall cover all of the Vendor’s professional liabilities, whether occasioned by the Vendor, his employees, subcontractors, or other agents, arising out of services performed under or in accordance with this Agreement.

iv. Cyber Liability Insurance: Insurance with limits of not less than one million dollars ($1,000,000) covering claims involving privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, extortion and network security.

c. Proof of Carriage of Insurance: Vendor shall furnish the County with a certificate showing satisfactory proof of carriage of the insurance required. Vendor shall likewise furnish County with a certified endorsement(s) indicating that the County is an additional insured under all relevant policies and showing that said policies may not be modified or cancelled without thirty (30) days written notice to County. All of the insurance hereinbefore specified by Article 2 shall be carried until all work required to be performed under the terms of the Agreement is satisfactorily completed as evidenced by the formal acceptance by County. Should such insurance be canceled before such completion of the Agreement, Vendor shall suspend all work or operations until such time as Vendor shall provide another policy or policies of insurance of equivalent coverage or effect. The certificate holder should read: Columbia County, GA, Attn: Procurement Department, P O Box 498, Evans, GA 30809.

any outside use of, or disclose to any other person or organization, except as authorized in writing by County, any information, whether patentable or not, regarding plans, programs, facilities, designs, processes, products, costs, equipment, operations or customers of County which comes within the knowledge of Vendor in the performance of the Work hereunder.

10.2 In the event Vendor creates and desires to publish, produce or use for itself or others, any writings, drawings, photographs or computer software which relates to the business or activities of the County or which contains information received as a result of the Work performed for County by Vendor, a draft manuscript or printout must be provided to County by Vendor prior to publication, production or use. Under no circumstances will any publication, production or use by Vendor relating to the business or activities of County or performance of the Work of the Vendor hereunder be allowed without prior written consent of County. Vendor also agrees that any manuscript, article, book, pamphlet, advertisement, drawing, photograph or computer software produced for County by Vendor is to be deemed “work for hire” for which County is entitled to all copyrights and other benefits thereunder.

ARTICLE 11

CONFIDENTIAL INFORMATION

11.1 Vendor recognizes and acknowledges that it will have access to certain confidential information of the County, and of authorities and other governmental entities affiliated with the County (“Affiliated Entities”), and that such information constitutes valuable, special and unique property of the County, and such other Affiliated Entities. Vendor will not, during or after the term of this Agreement, use or disclose any of such confidential information to any person, firm, corporation, association or other entity, except to authorized representatives of the County and Affiliated Entities, for any reason or purpose whatsoever, other than in furtherance of this Agreement. In the event of a breach or threatened breach by Vendor of the provisions of this Article 11, the County, and Affiliated Entities, shall be entitled to a temporary restraining order and/or a preliminary injunction restraining Vendor from using or disclosing, in whole or in part, such confidential information, and Vendor consents to the entry of such a temporary restraining order and/or preliminary injunction without the necessity of County posting any bond in connection therewith, and agrees that it shall not assert any defenses to any petition filed by County in a court of competent jurisdiction requesting such temporary restraining order and/or preliminary injunction, as the case may be. Nothing herein shall be construed as prohibiting the County, and Affiliated Entities, from pursuing any other remedies available to them for such breach or threatened breach, including the recovery of damages from Vendor.

The obligations of this Article 11 do not apply to information which:

a. is or becomes part of the public domain without the breach of any obligation of confidentiality owed to the County or the Affiliated Entities; or

b. is lawfully in the possession of Vendor at the time it was acquired hereunder without the breach of any obligation of confidentiality owed to the County or the Affiliated Entities; or

c. is required to be publicly disclosed under law.

ARTICLE 12

TERMINATION

12.1 The County may, at any time, without prejudice to any other right or remedy, and upon giving the Vendor thirty (30) days written notice, terminate this Agreement.

Upon completion of the Work, as accepted by County, or upon receipt of the aforesaid notice of termination, Vendor shall deliver to County all of the following:

a. If applicable, all drawings, documents, reports and all other work relating in any way to any portion of the Work. All Work remains the property of the County and may not be used by the Vendor, except by written agreement of the County, on any other project or for any other person, firm or corporation. Should Vendor refuse to deliver any work, the County is authorized to employ another firm to complete the contract at the expense of Vendor.

b. Executed Release of Claims, in the form of Exhibit “C” attached hereto, stating that all bills have been paid and no claims exist against the County.

c. Executed Release of Claims, in the form of Exhibit “B” attached hereto, stating that all bills have been paid and no claims exist against the County.

d. Executed Release of Claims, in the form of Exhibit “D” attached hereto, stating that all bills have been paid and no claims exist against the County.

e. Final itemized invoice for payment. Vendor shall be paid for services performed in accordance with the Contract Documents to the date of termination.

ARTICLE 13

DELAYS AND DAMAGES

13.1 If the Vendor refuses or fails to prosecute the Work or any separable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to complete said Work within such time, the County may, by written notice to the Vendor, terminate his right to proceed with the Work or such part of the Work as to which there has been delay. In such event, the County may take over the Work and prosecute the same to completion, by contract or otherwise, and the Vendor and his sureties shall be liable to the County for any excess cost, loss of use of the project, or other damages associated with the delay, occasioned the County thereby. If the Vendor's right to proceed is terminated, the County may take possession of and utilize in completing the Work such materials, and plans, whether or not in final form. If the County does not terminate the right of the Vendor to proceed, the Vendor shall continue the Work, in which event the actual damages for the delay will be impossible to determine and in lieu thereof the Vendor shall pay to the County as fixed, agreed, and liquidated damages for each calendar day of delay until the Work is completed or accepted the amount as set forth in this section and the Vendor and his sureties shall be liable for the amount thereof provided. If the Vendor is delayed at any time in the progress of the Work by any act or neglect of the County or consultant hired by the County, or by an employee of either, or by any separate vendor employed by the County, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties, or any causes beyond the Vendor's control, or by delay authorized by the County, or by any other cause which the County determines may justify the delay, then the time for completion shall be extended by change order for such reasonable time as the County may determine. Any claim for extension of time shall be made in writing by the Vendor to the County not more than ten days after the commencement of the delay; otherwise, it shall be waived. In the case of a continuing delay only one claim is necessary. The Vendor shall provide in its notice an explanation for the delay and the probable effect of the delay on the progress of the Work. Any extension of time to the Vendor pursuant to this paragraph of the contract shall be the sole remedy to Vendor for any such delay, suspension, interruption, or effect thereof.

ARTICLE 14

UNAUTHORIZED ACTS

14.1 Vendor represents and warrants to the County that it will make no disbursement or other payment of any kind or character or take or authorize the taking of any other action which contravenes any statute or rule, an audit of all records of Vendor as they relate to the Work and any payments made by County to Vendor under this Agreement for the same, and obtain copies of the same.

14.3 Vendor agrees to disclose honestly and fully all information and documentation in its possession concerning all transactions or events relating to or affecting the County or Affiliated Entities as and to the extent such information or documentation (i) was…