FIRE TRUCK RFP.docx

BOARD OF COMMISSIONERS OF SUMTER COUNTY, GEORGIA

REQUEST FOR PROPOSALS

FOR

FIVE - FIRE TRUCKS AND APPARATUS

RFP# 2025-002

Description of Project: The Board of Commissioners of Sumter County, Georgia (hereafter “Sumter County”) is requesting proposals for

General Conditions and Specifications: General Conditions and Specifications may be obtained or examined during business hours at the Sumter County Clerk’s Office at 500 West Lamar Street, Suite 100, Americus, Georgia, 31709 or downloaded from the link on the official Sumter County website.

Time and Place for Submission of Proposals: Proposals must be received by Thursday October 10, 2024, at 4:00 p.m. EST at the Sumter County Courthouse located at 500 West Lamar Street, Suite 100, Americus, Georgia, 31709, Attn: PATI GRYCZKOWSKI. Emailed or faxed proposals will not be considered.

Opening of the proposals will take place in the Board Room of the Sumter County Courthouse on Thursday, October 10, at 4:15 p.m. EST.

Question and Answer Date: There will be an in-person meeting at the Sumter County Board Room located at 500 W. Lamar Street on Thursday, September 12, 2024 at 10:00 a.m. for any questions regarding this RFP. The meeting will also be available via Zoom on the same date and time.

To join the Zoom meeting:

https://us06web.zoom.us/j/86847879769?pwd=IkVEDIU0dyXPE7mXPc2bbvC0KPWL2L.1 Meeting ID: 868 4787 9769 Passcode: 376314

INDEX

General Conditions General Instructions …………………………………………………………………………. 7 General Requirements ……………………………………………………………………….. 8 Intent of Specification ………………………………………………………………………... 9 Bidder and Award ……………………………………………………………………………. 10 Specifications ……………………………………………………………………………….. 11 Detailed Specifications ………………………………………………………………………. 12 Price Structure ………………………………………………………………………………. 18 Other Contract Requirements ……………………………………………………………….. 19 Affidavit of Eligibility for Local Vendor Preference Policy …………………………………. 25 Affidavit of Acknowledgment ……………………………………………………………….. 27 Affidavit of Acknowledgment and Non-Collusion ………………………………………….. 29 Contractor Affidavit & Agreement Pursuant to O.C.G.A. § 13-10-91(b)(1) ……………….. . 30 Exhibits ………………………………………………………………………………………. 32

GENERAL CONDITIONS

All proposals must comply with the following general conditions:

1. The proposal should be delivered to:

For hand delivery and U.S. Mail:

Sumter County Board of Commissioners Attn: PATI GRYCZKOWSKI Sealed Proposal for: FIVE - FIRE TRUCKS AND APPARATUS 500 W. Lamar Street, Suite 100 Americus, Georgia 31709

2. All proposals and supporting documents shall be submitted in a sealed envelope clearly labeled:

Sealed Proposal for: FIVE - FIRE TRUCKS AND APPARATUS

RFP # 2025-002

The proposer’s name and mailing address must be clearly marked on the exterior of the sealed envelope.

Sumter County will not be responsible for the premature opening of a proposal which is not properly addressed, marked, and sealed.

3. The party submitting the proposal is solely responsible for ensuring delivery to the designated location within the designated time.

4. All proposals submitted shall become the property of Sumter County and will not be returned to the party submitting the proposal (hereafter “contractor”).

5. Sumter County is not responsible for any costs incurred by the contractor in the preparation of proposals or presentations related thereto. All such expenses shall be borne solely by the contractor.

6. Any questions concerning this Request for Proposals (hereafter also “RFP”) should be directed to:

Clinton Boley Sumter County Fire and Rescue 300 McMath Mill Road Americus, GA 31719 E-mail: CBoley@sumtercountyga.us

No other person is authorized to provide information related to this Request for Proposals, and reliance on information from any other individual may result in any proposal being deemed non-responsive and rejected.

7. Sumter County reserves the right to reject any and all proposals, including, but not limited to, any and all non-conforming, non-responsive, or conditional proposals, and to reject any and all proposals that it believes in its sole judgment would not be in the best interest of the project, whether because such proposal is not responsive, the contractor is unqualified, of doubtful financial ability, was previously unfaithful or delinquent in a contract with Sumter County, or fails to meet any other relevant standard or criteria. Sumter County further reserves the right to waive any technicalities, irregularities, or informalities, to seek clarification of any information contained in any or all proposals, and to request additional information from the contractor or a third-party. Sumter County reserves the right to cancel this RFP at any time.

8. The contractor may be required, upon request, to prove to the reasonable satisfaction of Sumter County that the contractor has the skill, experience, facilities, and financial resources to timely perform all obligations related to the project in a satisfactory manner. A contractor that does not meet said criteria may be rejected.

9. The contractor warrants that its proposal is not fraudulent, collusive, or made in the interest of or on behalf of any person not therein named. The contractor further warrants that it has not directly or indirectly induced or solicited any other responding contractor to submit a fraudulent proposal or any other person, firm, or corporation to refrain from submitting a proposal, and that contractor has not in any manner sought by collusion to secure any undue advantage over any other responding contractor. The contractor shall submit a properly executed:

· Affidavit of Acknowledgment and Non-Collusion

· Georgia Security & Immigration Compliance Act

· Acknowledgement of Worker’s Compensation

A copy of each is attached hereto.

10. The contractor warrants that no member of the Sumter County Board of Commissioners has a direct or indirect interest of any nature in its proposal or any contract that may be entered into pursuant to it, or in any expected profits which might arise therefrom.

11. All provisions of the Request for Proposals, including any amendments thereto, shall be incorporated in the successful responding contractor’s contract, unless otherwise stipulated by written agreement of the parties.

12. At the discretion of Sumter County, contractors submitting proposals may be requested to make one or more oral presentations as part of the selection process at the expense of the contractor.

13. The contractor shall submit proof of liability insurance with coverage not less than the amounts required by federal or state laws or the following thresholds, whichever is greater:

a. Workers’ Compensation: The contractor shall provide, at its sole expense, workers’ compensation coverage with limits of no less than $1,000,000 per occurrence, regardless of whether the contractor is subject to the Georgia Workers’ Compensation Act or otherwise required by law to have such coverage. The policy must waive all rights of subrogation against Sumter County for losses arising from the services performed by the contractor for the benefit of Sumter County.

b. Comprehensive Automobile Liability: The contractor shall submit proof of comprehensive automobile liability in the minimum of $4,000,000 and bodily injury coverage in the minimum amount of $1,000,000 per person per accident.

14. The contractor shall be bound by the following indemnification provision, which shall be included in the performance contract:

Contractor covenants and agrees to take and assume all responsibility for the work as defined herein (hereafter “Work”) rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless Sumter County, Georgia, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as “Local Government Parties”) from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney’s fees and costs of defense (hereinafter “Liabilities”) which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the contractor, any subcontractor, anyone directly or indirectly employed by the contractor or its subcontractors or anyone for whose acts the contractor or its subcontractors may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnification obligation does not include liabilities caused by or resulting from the sole negligence of Sumter County, Georgia, or the Local Government Parties. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against Sumter County, Georgia, or the Local Government Parties by any employee of the contractor, any subcontractor, anyone directly or indirectly employed by the contractor or its subcontractors or anyone for whose acts the contractor or its subcontractors may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the contractor or any subcontractors under workers’ compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold harmless Sumter County, Georgia, and the Local Government parties shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of the Agreement.

15. The written specifications contained in this Request for Proposals may not be altered except by a written addendum from Sumter County.

16. The contractor shall provide the following:

a. Contractor Name.

b. Principal Owner(s).

c. Business Address.

d. List of completed government contracts during the last five (5) years with clients’ address, telephone number, and primary contact. At Sumter County’s discretion, the contractor must have completed at least three similar contracts with references from each.

e. List of contracts in progress with client’s address, telephone number, and primary contact.

f. Statement listing any and all differences between your proposal and the work specified in this Request for Proposals.

g. Copy of insurances, licenses, and registration with the State of Georgia.

h. Sample contract agreement for the proposed work.

17. The contractor shall identify and describe any pending lawsuits in which it is a named party and shall disclose the names of all other parties, the county and court in which it is pending, and the status of the lawsuit.

18. During the process of performing the work, the contractor shall endeavor to promote understanding and amicable relations with citizens and the public. For key positions, including any managers or supervisors, the contractor will provide experienced employees at least 18 years-of-age, of good character, neat appearance, and an adequate number of employees to perform the work in an accurate and timely manner.

19. Proposals must be typed. Any corrections made by the contractor prior to opening must be initialed and dated by an authorized representative of contractor. No changes or corrections will be allowed after proposals are opened.

20. The contractor must furnish Sumter County with 1 original copy that includes the raised notaries and 5 complete hard copies of the proposal. Each copy must contain the manual signature of the contractor or an authorized representative of the contractor.

21. No proposal may be withdrawn for a period of 90 calendar days after the closing date for receipt of proposals.

22. Unless otherwise agreed by Sumter County in writing, no payment will be rendered for any work which has not been completed to the reasonable satisfaction of Sumter County.

23. If the contractor has outstanding financial obligations to Sumter County, including, but not limited to ad valorem taxes, Sumter County may apply any or all of the contractor’s compensation for the work to be performed hereunder to the outstanding obligation or indebtedness.

24. The contractor must certify that there are no circumstances which will cause a conflict of interest in performing the services required.

25. It is the policy of Sumter County that no person or entity shall be excluded from participation, denied the benefits of, or otherwise discriminated against in relation to the award and performance of any contract on the grounds of race, color, creed, national origin, age, sex, or membership in any other protected class.

26. By submitting a proposal, the contractor verifies its compliance with O.C.G.A. § 13-10-91 and agrees to maintain records of such compliance and to provide a copy of each such verification to Sumter County at the time it is retained to perform services.

27. The contractor shall be familiar with and have a strong working knowledge of all federal and state laws and regulations related to the work performed. The contractor shall provide any other information or documents as required by applicable federal or state laws for the successful completion of the project.

GENERAL INSTRUCTIONS

Take note that the Sumter County Board of Commissioners and the Sumter County Fire and Rescue shall receive sealed bid proposals from qualified manufacturers for the following of FIVE (5)– Fire Truck and Apparatus. The year of the trucks will be the newest at the time work will begin.

The term “Qualified Manufacturers” used above pertains to the ability to comply with all instructions within these specifications and provide the apparatus requested. Only submitters who can comply with these specifications and return a PROPOSAL with all documents and drawings shall be considered.

*FAILURE TO RETURN THE PROPOSAL WITH ALL DOCUMENTS AND REQUIRED DRAWINGS SHALL BE GROUNDS FOR REJECTION OF THE BID. * The specifications contained herein are submitted as “Performance Type” and shall be considered the minimum that shall be acceptable to the Sumter County Board of Commissioners and the Sumter County Fire and Rescue. Manufactures will be required to design the apparatus around the attached specifications to their highest standards; however, what they are proposing must be equal to or superior to that which is specified.

When brand name products are specified, they shall be supplied without exceptions.

The Sumter County Fire and Rescue with recommendations to the Sumter County Board of Commissioners shall be the sole judge in determining if any substitutions offered are, in fact equal to or superior to. Submitters who take exception to any brand name product or an item that is specified must comply with submitting a detailed report and justification on why the product is more superior to what is recommended in the RFP. The reports shall be properly “Titled” to the specific item.

Failure to include detailed drawings of all vehicles shall be cause for rejection of the proposal. Any proposal that contains any omissions, erasures, or alterations, or that contains additions, or that contain irregularities of any kind, may be considered.

All terms of the RFP that are not followed or submitted properly can be disqualified by the Sumter County Fire and Rescue and evaluation committee during the evaluations period.

GENERAL REQUIREMENTS

A copy of these specifications shall accompany each PROPOSAL. This copy of the specifications shall become a part of the submitter’s proposal and the governing document in any dispute in the construction of the apparatus.

The submitter shall provide any information that is requested by this RFP. Failure to provide any information requested within these specifications shall be cause for immediate rejection of the complete proposal.

Each PROPOSAL shall be accompanied by five (5) complete sets of “Contractor’s Specifications” consisting of a detailed description of the apparatus and equipment being proposed and to which the apparatus under contract shall conform. These specifications shall indicate size, type, model and make of all component parts and equipment.

Each PROPOSAL shall be accompanied by five (5) sets of “Engineering Drawings” showing exact details of “Each of the apparatus being” offered, which includes showing front view, right side view, left side view, top view, and rear view. Failure to provide these drawings shall be grounds to reject the proposal.

There shall be NO EXCEPTIONS to this requirement since these drawings will be an important tool in the evaluation of the proposals.

INTENT OF SPECIFICATIONS

It is the intent of these specifications to describe, in general, the minimum requirements for furnishing the complete apparatus manufactured. Details of construction and materials shall be solely the responsibility of the Manufacturer. Chassis components, equipment, appliances, and finishes with which the apparatus and the successful submitter must conform. The apparatus proposed, in addition to complying with these specifications, shall also comply with the requirements of the most current standards of the National Fire Protection Association (NFPA), the Department of Transportation (DOT), the Insurance Service Office (ISO), the Federal Motor Vehicle Safety Standard and the Society of Automotive Engineers.

Each submitter shall furnish satisfactory evidence of their ability to construct the apparatus specified and shall state the location of the factory or factories where the apparatus shall be assembled. Failure to provide this information shall deem the proposal nonresponsive.

Each Proposal shall be accompanied by a set of contractor’s specifications consisting of a detailed description of the apparatus and equipment proposed and to which the apparatus being furnished under contract shall conform. These specifications shall indicate size, type, model and make of all component parts and equipment.

PRIME BIDDER, MANUFACTURER

The manufacturer shall be prime bidder and shall identify the location of their facility.

BIDDERS BACKGROUND

Bids are requested from responsible manufacturers who are engaged in the manufacture of fire apparatus. To insure reliable and complete acceptance of the apparatus, bidder shall have been in operation for a minimum of ten (10) years in the manufacturing of fire apparatus.

The manufacturer of the apparatus must be fully owned and managed by a Parent Company, Corporation, or Individual(s) that is 100% held by United States of America based Company, Corporation, or United States citizen(s).

Proposals from any manufacturer that is fully or partially owned and/or operated by a foreign company, Corporation, or Individual(s) under any type of ownership, partnership, or any similar type of agreement will be immediately rejected.

If the manufacturer of the apparatus, or if any owner, shareholder, or immediate relative of an owner or shareholder that has previously been involved in or held ownership in any company that has filed bankruptcy or any other type of reorganization plan, it must be clearly stated in the bid proposal. The statement must include details and dates of all occurrences.

BID AWARD

All submitters shall take note that it is the intention of the Sumter County Board of Commissioners to purchase the apparatus within these specifications from the builder who best meets the intent of these specifications.

All submitters shall understand that it is the intention of the Sumter County Board of Commissioners to award the BID based on compliance to specifications not just the cost.

SPECIFICATIONS

All proposals must also comply with the following specifications:

1. Time is of the essence. The successful contractor must be able to enter into a contract with Sumter County within 10 days from the date of award. The contractor shall commence meaningful work on the project within 5 days after execution of the parties’ agreement, and full performance shall be completed two years from the beginning date of meaningful work. The contractor will keep the County up to date with any and all changes.

2. The contractor shall execute a design similar to the one shown in Exhibits A, B, C, D and, E

3. The contractor shall outline the proposed method of compensation in a detail chart, including, but not limited to the specific fee structure, any incidental or other expenses which may be charged to Sumter County, the intervals or frequency with which invoices shall be submitted and payment thereon shall be due, and whether any interest or penalties shall accrue for late payment.

4. For parts & materials, rented equipment and outside labor, please include these charges in the bid price.

5. Sumter County has a seven percent (7%) local vendor preference policy. If you are a local vendor, please state so in your response and complete the attached Affidavit for Eligibility for Local Vendor Preference. To determine if you and this project qualify for the local vendor preference policy, you may obtain a copy of the policy from the Sumter County Board of Commissioners.

DETAILED SPECIFICATIONS

It is the intent of the manufacturer to provide new fire apparatuses that will withstand the continuous use encountered in the emergency firefighting service. The apparatuses shall be of the latest type, symmetrically proportioned and constructed with due consideration of the load to be sustained.

All parts not specifically mentioned herein, but which are necessary in order to furnish a complete fire apparatus, shall be furnished and shall conform to the best practices known to the fire apparatus industry.

The unit is to be of current year manufacture and is to be new and unused. The bid price shall not include any local, State, or Federal taxes. The bidder shall not be liable for any state or federally mandated tax or program after the sale of this apparatus.

These specifications shall be construed as minimum. Should the manufacturer's current published data or specifications exceed these, they shall be considered minimum and be furnished.

Upon delivery to 300 McMath Mill Road, Americus, GA 31719, a complete PMI(Preventive Maintenance Inspection) will be conducted and all fluids, including the fuel tank, will be topped off before acceptance by the County.

TRUCK ONE – ENGINE 11 (EXHBIT A)

This apparatus will carry 1,000 gals of water and 30 Gals of foam (Fire aid) that will go to all discharges.

The pump in this apparatus will be 1,500 GPM, pump and roll capable.

All lights from warning, taillights, headlights, and any other lights will be LED.

All compartments will be lit with LED light upon opening the compartment door, red in color.

All compartments will be finished out in a gray in color material to prevent scratching.

The motor in this apparatus will be in the 450 HP range Cummins.

The interior of the cab will be finished out in gray in color material that is easy to clean and will hold up to the wear and tear.

All bright metal will be covered in a material that will hold up to the wear and tear of the apparatus and will be black or gray in color.

All warning lights will be Whelen, M series with light bar being double stacked, full pods red/white Whelen light bar.

All warning lights on apparatus will go to low power, slow pattern when air brakes are set on apparatus at night, and lights will go to slow pattern when air brakes are set in daylight.

There will be a Whelen eight (8) head 2200 traffic advisor on it.

Apparatus will have a refrigerator behind the officer’s seat that will be powered by shore power when in the house and inverter power after that.

There will be a med cabinet behind the driver’s seat that will be able to open from inside the cab and outside the cab.

There will be an onboard invertor on this apparatus to run the refrigerator and other items when the apparatus is not plugged into shore power.

There will be a six (6) headed light tower on the top of the apparatus that will hold six (6) Whelen Pioneer Dual Spot/Flood.

On the side of the apparatus there will be a scene light in the middle of the cab and in the middle of the body that will be Whelen Pioneer Dual Spot/Flood.

There will be a two (2) bottle SCBA fill station on this apparatus also.

The color of apparatus will be gray over red, colors will be finalized build sheet.

This apparatus will also have an audio training device in it (Blue tooth radio).

This apparatus will have a solid surface hose bed cover that will open by a seam in the middle of the hose bed.

The cab of this apparatus will be comparable to an Enforcer cab.

The cab will be 70” cab, 10” raised with a 214” body.

The apparatus will be wired with a multi plex system comparable to the command zone.

TRUCK TWO AND THREE – ENGINE 41 AND ENGINE 81(EXHIBITS B and C)

This apparatus will be a mini pumper that will hold all ISO equipment on it and will have a pump that will pump normal fire lines (1 ¾, 2 ½ Etc...) but will also be able to pump high pressure up to 600 Psi out of the same pump.

The apparatus will be a Chevrolet 6500 crew cab 4X4.

All lights on apparatus will be led and all warning lights will be Whelen M series with Whelen red/white light bar.

Pole mounted scene lights will be at all four (4) corners of the body and will be Fire Tech 28,000 lumen scene lights.

There will be a brow light on the front of the apparatus that will be that of Fire Tech Brow light with Dot lights.

The apparatus will have an on board invertor.

TRUCK FOUR – ENGINE 61(EXHIBIT D)

This apparatus will be on a Freightliner four (4) door with 1,000 Gals of water and 30 Gals of foam (fire aid) that will be plumbed to all discharges.

The apparatus will be a Freightliner M2 112 with a L9 Cummings.

All lights on this apparatus will be LED, all warning lights, tail, head, etc.

All compartments will have LED lights red in color within them that will come on upon opening the door.

The compartments will be finished out in a gray in color material that will hold up to the wear and tear.

The pump in this apparatus will be that of 1,500 GPM and pump and roll.

This apparatus will have a refrigerator mounted on the officer side in a compartment.

The truck will have an invertor to run this while the apparatus is not plugged into shore power.

Warning lights will be Whelen M series with a double stacked, full pod Whelen light bar red/white.

Warning lights will go to low power and slow pattern when parking brake is set at night and go to slow pattern when parking brake is set in daylight.

The apparatus will have a Whelen 2200 eight (8) head traffic advisor on it.

The color of apparatus will be gray over red, final colors will be worked out on final build sheet.

This apparatus will have pole mounted scene lights on it that will be Fire Tech 28,000 lumen scene lights.

There will be a brow light bar above the front windshield, it will be a Fire Tech Brow light with Dot lights in it.

This apparatus will have a solid surface hose bed cover that will open by a separation in the middle of the hose bed.

The wiring on this apparatus will be that of a multiplex.

TRUCK FIVE – SUB STATION(EXHIBIT E)

This apparatus will carry 3,000 gals of water and have a 1,000 GPM pump on it.

The apparatus will be on a Freightliner M2 112 with a L9 Cummings.

It will have dump shuts on the rear and both sides to dump from.

It will have two (2) two and half (2.5) inch tank fills on the rear of the apparatus.

The apparatus will be able to carry all equipment set forth but ISO and GFSTC.

The unit will be on a freightliner chassis with a Cummins style power plant.

The apparatus will be pumped for a deck gun also.

PRICE STRUCTURE

A. If, during the contract term, the vendor is unable or unwilling to meet contractual requirements in whole or in part based on the price structure of the contract, it shall immediately notify the Sumter County Administrator in writing. The notification shall specify the contractual requirements which cannot be met and the offending price. Such notification shall not relieve the vendor of its responsibilities under the contract. Sumter County Board of Commissioners (hereafter “SCBOC”) may, but is not required to, consider an equitable adjustment in the contract terms and/or pricing.

B. If SCBOC, in its sole discretion, determines during the contract term that (i) the contract price structure is unworkable, detrimental, or injurious to the utility, or (ii) the contract price structure results in prices which are unreasonable, excessive, or not truly reflective of current market conditions, and no adjustment in the contract terms and/or pricing is mutually agreeable, SCBOC may terminate the contract upon not less than five days' written notice to the vendor. The effective date of termination shall be as specified in the written notification.

PRICE REVIEW

A. If the vendor requests a price increase, SCBOC will consider the request, provided the vendor can supply ample justification and market-based evidence to support the requested price increase. SCBOC shall have the right to request additional documentation and evidence from the vendor pertaining to the requested increase, and the vendor must comply with any SCBOC request.

B. Increases solely to increase profit or margins shall not be considered.

C. SCBOC, at its sole discretion, shall have the right to approve or deny the request based on SCBOC's verification and shall have the right to negotiate with vendor on the requested increase. Vendor may include in their documentation evidence of price impacts on any component of contract delivery including but not limited to materials, transportation, labor, unforeseen statutory or regulatory mandates, or other impacts. Inclusion by the vendor DOES NOT guarantee an approved price adjustment. Approval in part or in total will be at SCBOC's sole discretion.

D. In the event a price change is authorized by SCBOC, said prices must remain firm for a period of not less than 6 months.

E. In the event of a price decrease, SCBOC shall be guaranteed full benefit of the price reduction for all orders on the effective date of the decrease and thereafter.

OTHER CONTRACT REQUIREMENTS

A. In addition to pricing, extreme market conditions may adversely impact other aspects of contract performance. SCBOC will consider vendor documentation relating to delivery times and schedules, labor shortages, substitute products that meet the "equal to or better standard," and other non-price related terms and conditions.

B. ANY REQUEST for non-price contractual accommodation will be subject to the same rigor as outlined in the Price Review section. The vendor shall have an affirmative and proactive responsibility to address this issue in advance of the performance issue or immediately upon discovery. Any vendor who does not raise and document these issues consistent with the requirements above AND receives written SCBOC approval for any changes to contract performance expectations, shall be held accountable to the original terms of the contract. Approval of these contract terms shall be at the sole discretion of SCBOC.

C. The vendor shall designate Sumter County as the Freight on Board (FOB) point for delivery.

FORCE MAJEURE

A. A force majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled and is not due to the negligence or willful misconduct of the affected party.

B. Unless otherwise agreed in the contract between the parties expressly or impliedly, where a party to a contract fails to perform one or more of its contractual duties, the consequences set out in this clause will follow if and to the extent that the party proves: (a) that its failure to perform was caused by an impediment beyond its reasonable control; (b) that it could not reasonably have been expected to have taken the occurrence of the impediment into account at the time of the signing of the contract; and (c) that it could not reasonably have avoided or overcome the effects of the impediment.

C. A party invoking this clause shall be presumed to have established the conditions described in the preceding paragraph in the case of the occurrence including, but not limited to, one or more of the following impediments or other similar causes beyond the control of the vendor or SCBOC in the performance of the contract where non-performance, by exercise of reasonable diligence, cannot be prevented:

· acts of God or natural disaster such as but not limited to violent storm, cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity, landslide, tidal wave, tsunami, flood, damage or destruction by lightning, drought.

· acts of war (whether declared or not), armed conflict or the serious threat of the same (including but not limited to hostile attack, blockade, military embargo), hostilities, invasion, act of a foreign enemy, extensive military mobilization;

· civil war, riot, rebellion, revolution, military or usurped power, insurrection, civil commotion or disorder, mob violence, act of civil disobedience;

· acts of public enemies, acts of terrorism, sabotage, or piracy;

· plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions;

· act of authority whether lawful or unlawful, compliance with any law or governmental order, rule, regulation or direction, curfew restriction, expropriation, compulsory acquisition, seizure of works, requisition, nationalization;

· explosion, fire, destruction of machines, equipment, factories and of any kind of installation, prolonged break down of transport, telecommunication, or electric current;

· general labor disturbance such as but not limited to boycott, strike, and lock-out, go-slow, occupation of factories and premises;

· shortage or inability to obtain critical material or supplies to the extent not subject to the reasonable control of the subject Party.

D. The affected party shall provide the other party with written notice of any force majeure occurrence as soon as the delay is known and provide the other party with a written contingency plan to address the force majeure occurrence, including, but not limited to, specificity on quantities of materials, tooling, people, and other resources that will need to be redirected to another facility and the process of redirecting them. Furthermore, the affected party shall use its commercially reasonable efforts to resume proper performance within an appropriate period of time. Notwithstanding the foregoing, if the force majeure condition continues beyond 30 days, the parties to the contract shall jointly decide on an appropriate course of action that will permit fulfillment of the parties' objectives under the contract.

E. The vendor agrees that in the event of a delay or failure of performance by the vendor under the contract due to a force majeure occurrence:

1. SCBOC may purchase products from other sources (without recourse to and by the vendor for the costs and expenses thereof) to replace all or part of the products which are the subject of the delay, which purchases may be deducted from the contract quantities without penalty or liability to SCBOC, or

2. The vendor will provide SCBOC and other governmental entities using this contract ("Authorized Users") with access to products first in order to fulfill orders placed before the force majeure event occurred.

F. Neither the vendor nor SCBOC shall be liable to the other for any delay in or failure of performance under the contract due to a force majeure occurrence. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages. The existence of such causes of such delay or failure shall extend the period for performance to such extent as determined by the vendor and SCBOC to be necessary to enable complete performance by the contracted vendor if reasonable diligence is exercised after the cause of delay or failure has been removed.

G. Notwithstanding the above, at the discretion of SCBOC where the delay or failure will significantly impair the value of the contract to SCBOC or to Authorized Users, SCBOC may terminate the contract or the portion thereof which is subject to delays, and thereby discharge any unexecuted portion of the contract or the relative part thereof.

H. In addition, SCBOC reserves the right, in its sole discretion, to make an equitable adjustment to the contract terms and/or pricing should extreme and unforeseen volatility in the marketplace affect pricing or the availability of supply. "Extreme and unforeseen volatility in the marketplace" is defined as market circumstances which meet the following criteria: (i) the volatility is due to causes outside the control of vendor; (ii) the volatility affects the marketplace or industry, not just the particular contract source of supply; (iii) the effect on pricing or availability of supply is substantial; and (iv) the volatility so affects vendor's performance that continued performance of the contract would result in a substantial loss to the vendor. In the event of a dispute between the vendor and SCBOC, such dispute shall be resolved in Sumter County, GA; provided, however, that nothing in this clause shall excuse the vendor from performing in accordance with the contract as changed. Equitable adjustment may include adjustments financially or in any terms of contract performance at SCBOC's sole discretion.

I. Vendor shall not be entitled to an adjustment in contract price or other non-price related items caused by or within the control of vendor. Delay, disruption, and interference attributable to and within the control of a subcontractor or supplier shall be deemed to be within the control of vendor.

J. Should the delivery of the FIVE TRUCKS be delayed after 30 days without any approved prior written notifications, there will be a penalty of $500.00 per day, per truck, past the agreed upon delivery date.

VENDOR SIGNATURE DATE

THIS PAGE IS LEFT BLANK INTENIALLY

AFFIDAVIT OF ELIGIBILITY FOR LOCAL VENDOR PREFERENCE POLICY

STATE OF GEORGIA

COUNTY OF ___________________

Personally appeared before me, the undersigned who, being duly sworn, deposes and states:

1.

I am 18 years or older, and this Affidavit is based upon my personal knowledge.

2.

I am an authorized legal representative of the vendor listed below (hereafter “Local Vendor”).

3.

The Local Vendor listed below owns, operates, or occupies office space, a warehouse, or another physical business structure, including a principal or satellite location, within the geographic boundaries of Sumter County.

4.

Any sums due to the State of Georgia for bonds, fines, fees, or restitution and any taxes, fees, or other sums due to Sumter County from the Local Vendor are paid in full.

5.

The Local Vendor listed below agrees not to assign or sub-contract more than fifty percent (50%) of the dollar value of the contract to be performed to any entity that is not a local vendor.

6.

The Local Vendor listed below qualifies for the Local Vendor Preference as outlined in Sumter County’s Financial Policies.

7.

If any of the above representations are no longer true at the time of the award of the contract or purchase, the Local Vendor will immediately notify Sumter County in writing prior to accepting the award of the contract or purchase.

8.

Further, Affiant sayeth not.

This __________ day of _________________, 20___.

Printed Name: _____________________

Sworn to and subscribed before me this _____ day of ____________, 20____.

Notary Public My commission expires:

AFFIDAVIT OF ACKNOWLEDGMENT

STATE OF ___________________________

COUNTY OF _________________________

I acknowledge and I am aware of the following policies as stated in the Sumter County Financial Policies:

Sec.7 (B) (4) Vendors:

Conflict of Interest: It shall be a breach of ethical standards for any county employee and/or official to participate directly or indirectly in a procurement when there is knowledge that:

· The County employee and/or official or a member of their immediate family has a financial interest pertaining to the procurement.

· A business or organization in which the county employee and/or official, or any member of their immediate family, had financial interest pertaining to the procurement; or

· Any person, business, or organization with which the county employee and/or official, or any member of their immediate family, is negotiating or has arrangements concerning prospective employment, is involved with the procurement.

Sec. 7 (B) (4) Bids:

· By submitting a bid, the bidder represents and warrants that neither a Commissioner nor a County employee has, in any manner, an interest, directly or indirectly in the bid or in the contract which may be made, or in any expected profits to arise there from.

Further, Affiant sayeth not.

Under seal this ____ day of _______________________, 20_____.

BY: ____________________________________

Printed Name: _______________________ Title: _______________________________ Contractor: _________________________ Address: ____________________________

this _____ day of _______________, 20___

My commission expires:

AFFIDAVIT OF ACKNOWLEDGMENT AND NON-COLLUSION

STATE OF ___________________________

COUNTY OF _________________________

Personally appeared before me, the undersigned, _______________________________, who, being duly sworn, deposes and states:

I am 18 years or older, and this Affidavit is based upon my personal knowledge and understanding.

I am a general partner or officer of the below named contractor (hereafter “Contractor”) and am authorized to submit the attached proposal.

I have carefully read and fully understand the foregoing Request for Proposals, including, but not limited to the General Conditions and Specifications.

Neither the Contractor nor any of its employees or agents has by any means prevented or attempted to prevent competition in responding to the Request for Proposals, nor has Contractor or any of its employees or agents prevented or attempted to prevent anyone from submitting a proposal. Furthermore, neither Contractor nor any of its employees or agents have caused or induced another to withdraw a proposal.

Further, Affiant sayeth not.

Under seal this ____ day of _______________________, 20_____.

BY: ____________________________________

Printed Name: _______________________ Title: _______________________________ Contractor: _________________________ Address: ____________________________

this _____ day of _______________, 20___

My commission expires:

GEORGIA SECURITY & IMMIGRATION COMPLIANCE ACT

CONTRACTOR AFFIDAVIT & AGREEMENT PURSUANT TO O.C.G.A. § 13-10-91(b)(1)

By executing this affidavit, the undersigned (hereafter “Contractor”) verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of Sumter County, Georgia, a political subdivision of the State of Georgia, has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned Contractor agrees that it will continue to use the federal work authorization program throughout the contract period and will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the Contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor further agrees to maintain records of such compliance and to provide a copy of each such verification to Sumter County at the time the subcontractor is retained to perform such service and in no event later than five business days after Contractor’s receipt.

Under penalty of perjury, Contractor attests that the foregoing is true and that its federal work authorization user identification number and date of authorization are as stated below.

Subscribed and sworn before me on this ___ day of ____________________, 20_____ in __________________ [city], _______ [state].

[NOTARY SEAL]

NOTARY PUBLIC

My Commission Expires _______________

NOTE: A contractor or subcontractor who has no employees and does not hire or intend to hire employees for satisfying or completing the terms and conditions of any part or all of the original contract with the County shall instead provide a copy of the state issued driver’s license or state issued identification card and a copy of the state issued driver’s license or identification card of each independent contractor utilized in the satisfaction of any part or all of the original contract with the County. The driver’s license or identification card shall only be accepted in lieu of an affidavit if it is issued by a state within the United States that verifies lawful immigration status prior to issuing a driver’s license or identification card. If a contractor or subcontractor later determines that he or she will need to hire employees to satisfy or complete the physical performance of services under an applicable contract, he or she shall first comply with the affidavit requirements of O.C.G.A. § 13-10-91(b)(5). Updated 12/15/14

EXHIBIT A

TRUCK ONE – ENGINE 11

EXHIBIT B and C

TRUCKS TWO and THREE

ENGINE 41 and ENGINE 81

EXHIBIT D

TRUCK FOUR - ENGINE 61

EXHIBIT E

TRUCK FIVE – SUB STATION

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