RFQ/P # 43-011

ABATEMENT OF NUISANCE PROPERTIES

AND DEMOLITION OF COUNTY OWNED PROPERTIES

Rev 07/12/2022 AGP

EXHIBIT B

RFQ/P Submittal Terms and Conditions

1. Modifications: No changes will be made to this request for proposals except by written and published addenda by the County’s Purchasing Office. Requests for interpretation must be in writing and received at least (10) ten calendar prior to the time set for opening of the proposals.

2. Signing of Proposal: Failure to sign your proposal in “original form” may be considered “non-responsive” and not considered for award.

3. Bid Acceptance Time: Bids requiring acceptance by the County in less than ninety (90) calendar days could be rejected, unless so stated and accepted by the County.

4. Bid Identification: All bids submitted as a result of this Request for Qualifications and Cost

Proposals must be returned in a sealed envelope with the following information: RFQ/P #43-011 Abatement of Nuisance Properties

5. Withdrawal of Bids: Bids may be withdrawn by written request if the request is received prior to the time and date set for the opening of bids. Negligence on the part of the bidder in preparing bids confers no right of withdrawal or modification of bid after bid has been opened. No bid may be withdrawn for a period of ninety (90) days after opening.

6. Bonds:

6.1. Bid Bond: Bid Bonds will not be required for this project.

6.2. Payment and Performance Bonds: Hall County will require the successful bidder to furnish a Payment and a Performance Letter of Bondability with their bid response.

If awarded a contract, each bidder in the qualified contractor pool will be sent a Task Order/RFP for specific future projects to Abate or Demolish. Once a bidder is awarded a Tash Order, then the awarded bidder will be required to provide in a Payment and a Performance bond for an amount not less than one hundred percent (100%) of the total bid amount awarded prior to being issued a "notice to proceed". Bonds must be submitted within ten (10) days after being furnished a "notice to proceed" of each project.

All bonds must be written on a surety company licensed to do business in Georgia.

Failure to supply bonds may render your bid to be declared “non-responsive” and not be considered for award.

7. Site Inspections: The County will assume no responsibility for representations or understandings concerning conditions made by its officers or employees unless included in this request for proposal. Individual site inspections of future projects will be a mandatory requirement to submit cost for Task Orders/Request for Proposals.

8. Award of Contract: Award will be made to responsible bidder(s) whose bid, conforming to the request for proposals, will be most advantageous to the County; price and other factors considered.

The County reserves the right to reject any and/or all bids submitted and to waive any technicalities or minor irregularities in bids received. A written award shall be deemed to result in a binding Contract without further action by either party. Contract(s), if awarded, will be on a lump sum basis or individual item basis, whichever is found to be in the best interest of Hall County.

9. Non-Discrimination:

9.1. Non-Discrimination: The vendor assures to provide services in a manner that does not discriminate on the basis of sex, race, creed, religion, color, national origin, age, veteran or military status, sexual orientation, gender expression or identity, disability, or the use of a trained service animal.

9.2. Americans with Disabilities Act (ADA): The vendor agrees to comply with Hall County’s

ADA notice and procedures. They are available upon request and are accessible on Hall County’s website. Anyone who requires accommodation to access Hall County’s services or programs because they have a qualified disability may contact Hall County’s ADA Coordinator at 770-531-6952, 48 hours prior to the scheduled event or as soon as possible.

10. Exceptions to Specifications: Any award resulting from this request for proposals shall bind the proposer to all terms, conditions, and specifications set forth in this request for proposals.

Proposers whose proposals do not conform should so note on separate page if necessary and/or on the bid schedule. While the County reserves the right to make an award to a nonconforming proposer, when in the best interest of the County, such awards will not be readily made, and proposers are urged to conform to the greatest extent possible. No exceptions will be considered to have been taken by proposer unless it is properly set out as provided above. No exception will be deemed to have been taken by the County unless incorporated in an award resulting from this request for proposals and so stated.

11. Proposal Results: Interested parties may request, in writing, a bid tabulation after award of

RFQ/P has been approved by Board of Commissioners.

12. Payment: Payments will be made upon all items completed each month or completion of all work and acceptance by County on invoices submitted and approved by the appropriate County representative. All invoices must have a Purchase Order (PO) number.

12.1. Payment terms and provisions herein or otherwise found within the contract documents supersede all provisions of the Georgia Prompt Pay Act (HB 837; 13 OCGA Chapter 11 et seq.).

13. Retainage: Retainage will be held in compliance with Georgia law. Hall County normally holds

5% retainage throughout the entire project and will release retainage at the point of final completion and final acceptance by the County.

14. Discounts: Prompt payment discounts may be accepted if the discount is for payment in at least fifteen (15) days and five percent (5%) or greater. Such discounts, when offered, will be taken provided payment is made within the time specified. Time, in connection with discounts for prompt payments, will be computed from the date of acceptance of work for which payment is claimed, or the date the correct invoice is received by the county, whichever is later.

15. Inquiries Regarding Payment: All inquiries regarding payment of invoices are to be directed to

Accounts Payable at accountspayable@hallcounty.org,

16. Execution of Contract: Subsequent to the award, the successful proposer will be presented with a contract. Contract is to be executed within ten (10) calendar days of “Notice of Award”. The date of presentation shall be deemed to be the postmark date. The successful proposer’s proposal and this request for proposals shall be incorporated into the contract, except to the extent that this request for proposals conflicts with the contract, in which case the provisions of the contract shall take precedent.

17. Certificate of Insurance: The professional agrees to procure all of the insurance specified below:

17.1. Workers’ Compensation Insurance for all employees who are engaged in the work under the contract.

17.2. Public Liability and Motor Vehicle Liability Insurance: The professional shall take out and maintain during the life of this contract, such public liability and motor vehicle liability insurance as shall protect him glide performing work covered by this contract from claims for damages which may arise from operations by himself or by any other person directly or indirectly employed by him and the amounts of such insurance shall be as follows:

17.2.1. Public Liability Insurance in an amount not less than $1,000,000.00 on account of one occurrence.

17.2.2. Motor Vehicle Liability Insurance on all motor vehicles owned, leased or otherwise used by the professional in an amount not less than $500,000.00 (combined single limit) for bodily injury including death and property damage combined.

17.3 Professional Liability Insurance: The professional shall procure and maintain during coverage in the amount not less than $1,000,000.00.

17.4. The insurance company must be licensed to do business in the state of Georgia.

17.5. The professional shall furnish to Hall County, a certificate of insurance covering the work as required above as evidence that the insurance required will be maintained in force for the entire duration of the work performed under this agreement.

mailto:accountspayable@hallcounty.org

17.6. The cancellation of any policy of insurance required by this agreement shall meet the requirements of notice under the laws of the State of Georgia as presently set forth in

OCGA § 33-24-44.

17.7. Each policy of insurance required under this agreement shall x1 provide for notice requirements under the laws of the State of Georgia as set forth in OCGA § 33-24-44 and by endorsement shall provide that the County will receive a copy of said notice of cancellation.

17.8. A certificate of insurance with a cancellation provision which provides for less notice than that required by OCGA § 33-24-44, or which provides that failure to give the written notice will not impose any responsibility upon the insurer, will be considered as an endorsement of the referred to in the certificate and shall constitute a basis for insurance rejection of the insurance by the county.

17.9. In addition to its agreement to obtain and maintain the insurance as set forth herein above, the Contractor agrees to indemnify and hold harmless the County, its officers, agents and employees from any and all claims against the county, its officers, agents, and employees, which arise out of any act or omission of the professional or any consultant employed by the professional or any of their officers, agents or employees, and any and all claims which result from any condition created or maintained by the professional or any consultant employed by the professional or any of their officers, employees or agents, which condition which a result of work performed under the contract.

18. Cancellation of Insurance: If the insurance is canceled, the contractor shall deliver to the Owner new policies of insurance. Should the Contractor neglect to obtain and maintain in force such insurance and deliver such policy or policies, then it shall be lawful for the Owner to obtain and maintain such insurance.

19. Inclusion: All items and/or services standard, expected, necessary, and/or routine to such a project as this and not actually stated in this request for proposals will be the responsibility of the successful proposer to provide at no other cost to the county unless so stated on the successful proposer’s proposal as additional cost items and accepted by the county at the time of the award and/or contract.

20. Regulatory Agencies: Successful proposer will be responsible for all required permits or license required by regulatory agency of the city, county, state, or federal governments. Further, successful proposer will be responsible for meeting all requirements of any regulation (s) or guideline (s) of any of the said governments or any independent agency recognized by said governments as publisher of any such regulation (s) or guideline (s).

21. Independent Contractors: The proposer represents to Hall County that he is fully experienced and properly qualified to perform the functions provided herein and that he/she is properly equipped, organized, and financed to perform such functions. The proposer shall finance his/her own operations hereunder, shall operate as an independent contractor and not as an agent of hall county and nothing contained in this request for proposals or a contract resulting from same shall be construed to constitute the proposer or any of his/her employees, servants, agents, or subcontractors as a partner, employee, servant, or agent of the county nor shall either party have any authority to bind the other in any respect; it being intended that each shall remain an independent contractor.

22. Assignment of Contractual Rights: It is agreed that the successful proposer will not assign, transfer, convey, or otherwise dispose of a contract that results from this request for proposals or his/her right, title, or interest in or to the same, or any part thereof, without written consent of the County.

23. Starting Time: Work will commence within ten (10) calendar days after being issued a “Notice to

Proceed” on the project and commence in a routine, orderly manner until completion and acceptance by the county.

24. Change Orders: Any and all change order requests by the successful bidder must be approved through the Hall County Purchasing Policy. Any work performed outside the contract agreement for which compensation over and above the agreement occurs; there must be an accompanying approved change order. If work is done before change order approval, the change may be rejected or denied for compensation.

25. Indemnity: Successful proposer agrees, if entering into a contract as a result of this request for proposals, to defend, indemnify, and hold harmless Hall County from any and all courses of action or claims of damages arising out of or related to proposer’s performance or actions or those of his/her employees or agents, under said contract.

26. Termination: Pursuant to O.C.G.A. 36-60-13, if applicable, any contract resulting from this Request for Qualifications with Cost Proposals, if not sooner terminated pursuant to the provisions of termination contained herein, is terminable by the Hall County, Georgia on December 31 of each calendar year during the term of said contract, except that said contract shall be renewed automatically on such date, and without any lapse, unless positive action is taken to terminate said contract by The County.

27. Appropriation of Funds: Initial contract and any continuation contract (s) will terminate immediately and absolutely at any such time as there are no appropriated and otherwise unobligated funds available to satisfy the County’s obligations under said contract (s).

28. Cancellation for Cause: Should either party fail to comply with the terms and conditions of this contract, the aggrieved party must give, in writing, to the other party any complaint for non-compliance to the terms and conditions of this contract. The other party shall have fifteen (15) calendar days to correct the matter. If corrected to the satisfaction of both parties within the fifteen

(15) calendar days and stated in writing, then the contract will continue uninterrupted. Failure to correct the matter will result in termination of this contract at the end of thirty (30) calendar days following the date of the initial letter of complaint.