ITB 22-006 – EFFINGHAM COUNTY JAIL - BOILER REPLACEMENT

BIDDING DOCUMENTS

PREPARED FOR

EFFINGHAM COUNTY BOARD OF

COMMISSIONERS

For

EFFINGHAM COUNTY JAIL - BOILER

REPLACEMENT

ITB NO. 22-006

May 2022

Effingham County Board of Commissioners

ITB NO. 22-006

TABLE OF CONTENTS

CONTRACT DOCUMENTS

SECTION DESCRIPTION PAGES

01100 Notice to Contractors 1 – 3

01150 Instructions for Bidders 1 – 15

01160 General Conditions 1 – 7

01200 Supplemental Conditions 1 – 4

01210 Scope of Work 1 – 1

01250 Bid Form 1 – 6

01300 Bid Bond 1 – 1

01350 Agreement 1 – 9

01400 NOA/NTP 1 – 2

01100-1

NOTICE TO CONTRACTORS

EFFINGHAM COUNTY BOARD OF COMMISIONERS

Sealed BIDS will be received by the Effingham County Board of Commissioners at the office of the

Purchasing Agent until 11.00am (Eastern Time) on Wednesday, June 22, 2022 and then at said office publicly opened and read aloud.

The Work to be bid consists of furnishing all materials, labor and equipment for:

All tools, materials, labor, supervision and equipment for the replacement of two existing domestic water boilers and trim with two new domestic water boilers and two storage tanks, piping and trim at the Effingham

County Jail. Work to include the removal and disposal of the existing equipment, the purchase and installation of the new equipment, Georgia Boiler certification and inspection, mobilization, clean up, insurance. Bonds and other miscellaneous items not specifically listed but necessary for a complete job.

A MANDATORY pre-bid conference will be held Wednesday, June 8, 2022 at 11:00 am at the Effingham

County Jail located at 130 W. 1st Street Ext., Springfield, GA 31329.

Proposals will not be accepted from any firm that did not attend the pre-bid meeting for

ITB 22-006 – Effingham County Jail - Boiler Replacement

Any questions that arise after the pre-proposal conference must be made in writing and must be received at the office of the Purchasing Agent no later than 5.00pm (Eastern Time) on Monday, June 13, 2022. No response will be given to any questions received after 5.00pm (Eastern Time) on Monday, June 13, 2022.

Questions may be faxed to 912-754-8413; emailed to abruton@effinghamcounty.org or mailed to the address above. If questions are mailed, please DO NOT put the bid number on the outside of the envelope.

The response to all questions will be in the form of an addendum and will be posted on the Effingham County website www.effinghamcounty.org before 5.00pm (Eastern Time) on Wednesday, June 15, 2022.

All proposals shall be accompanied by a BID BOND in favor of the Effingham County Board of

Commissioners in the amount of at least five percent (5%) of the BID for the complete work. The BID BOND shall be forfeited to the Effingham County Board of Commissioners as liquidated damages if the BIDDER fails to execute the CONTRACT and provide PERFORMANCE BOND and PAYMENT BOND within fourteen (14) calendar days after being issued a Notice of Award. A Notice to Proceed will be issued immediately after the receipt of the signed Contract and P&P Bonds, and the Contractor is required to execute the NTP and begin work within fourteen (14) calendar days after signature and issuance of the NTP by the

County.

Payment will be made on a monthly basis for work performed the previous month, less retainage. Until 50% of the value of the contract (including change orders and additions), or if the Contractor fails to maintain his construction schedule to the satisfaction of the Engineer, the County will retain 10% of the gross value of the completed work as indicated by the current estimate approved by the Engineer. After the contract (including change orders and additions) is 50% complete, there shall be no additional retainage withheld unless the work is determined to be unsatisfactory or has fallen behind schedule.

The BIDDER is expected to examine the sites of the proposed work, the BIDDERS CHECKLIST, INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, SPECIFICATIONS and AGREEMENT forms before submitting a BID. The Effingham County Board of Commissioners reserves the right to reject any and all Bids and to waive any informality in the bidding. Additionally, Effingham County may issue change orders altering the original scope of work to address changes or unforeseen conditions necessary for the project mailto:abruton@effinghamcounty.org http://www.effinghamcounty.org/

01100-2 completion. No Bids shall be withdrawn within 60 days after the actual date of the opening thereof. Bids from noncertified Bidders will not be considered.

The CONTRACT DOCUMENTS may be examined at the following location: Effingham County Board of

Commissioners, 804 South Laurel Street, Springfield GA, 31329.

Copies of the CONTRACT DOCUMENTS may be obtained at:

http://www.effinghamcounty.org/279/Purchasing-Procurement

The Completion Date for this Contract shall be within 120 calendar days from receipt of Notice to

Proceed.

Bids shall be submitted in a sealed envelope, marked with the Purchasing Bid Number and Title, as well as the

BIDDER’S name, and shall be addressed to the Effingham County Board of Commissioners.

ATTENTION: Effingham County Purchasing Agent

804 S. Laurel Street

Springfield, GA 31329

The BID must be submitted in duplicate and will include the following signed documents:

1. DOCUMENT CHECK LIST

2. DRUG FREE WORKPLACE CERTIFICATION, Attachment A

3. PROMISE OF NON-DISCRIMINATION STATEMENT, Attachment B

4. DISCLOSURE OF RESPONSIBILITY STATEMENT - Bidders Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Attachment C

5. NON COLLUSION AFFIDAVIT, Attachment D

6. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT (E-VERIFY) -

CONTRACTOR, Attachment E

7. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT (E-VERIFY) –

SUBCONTRACTOR (if applicable), Attachment F

8. LIST OF SUBCONTRACTORS, Attachment H

9. GENERAL CONDITIONS

10. COMPLETED BID FORM

11. BID BOND, CERTIFIED CHECK OR CASHIER’S CHECK

12. CERTIFICATE OF INSURANCE

13. COMPLETED W-9

http://www.effinghamcounty.org/279/Purchasing-Procurement

01100-3

EFFINGHAM COUNTY, GEORGIA

DOCUMENT CHECK LIST

Company Name: _____________________________________________________________________________

Please indicate you have completed the following documentation; and then submit as REQUIRED.

REQUIRED COMPLETED ITEM DESCRIPTION

INSTRUCTIONS TO BIDDERS

REQUEST FOR QUOTE

X

BID / QUOTE SUBMITTAL FORM

SURETY REQUIREMENTS (Certified check or other security of 5% required with

BID SUBMITTAL – BID BOND FORM PROVIDED)

PERFORMANCE BOND- UPON AWARD OF CONTRACT

PAYMENT BOND- UPON AWARD OF CONTRACT

CERTIFICATE OF INSURANCE

W-9

LEGAL NOTICE

CONTRACTOR AFFIDAVIT & AGREEMENT (E-VERIFY)

SUB-CONTRACTOR AFFIDAVIT & AGREEMENT (E-VERIFY)

GEORGIA PROFESSIONAL LICENCE CERTIFICATIONS

LIST OF SUB-CONTRACTORS

ATTACHMENTS

RECEIPT OF ADDENDA IF ANY

Authorized Signature Title

Print Name Date

THIS PAGE MUST BE COMPLETED AND SUBMITTED AS PART OF YOUR PROPOSAL

INSTRUCTIONS TO BIDDERS

01150-1

INSTRUCTIONS TO BIDDERS

1.1 PURPOSE: The purpose of this document is to provide general and specific information for use in submitting a Bid to supply Effingham County with construction, equipment, supplies and/or services as described herein. All Bids/proposals are governed by the Code of Effingham County, and the laws of the

State of Georgia.

1.2 HOW TO SUBMIT BIDS: All bids shall be:

A. Submitted in sealed opaque package (envelope or box as necessary), plainly marked with the bid number and title, date and time of submission, and company name.

B. Mailed or delivered in sufficient time to ensure receipt by the Purchasing Agent on or before the time and date specified above.

Hand Delivery and Mailing Address:

Effingham County Purchasing Agent, 804 South Laurel Street, Springfield, Georgia, 31329.

BIDS NOT RECEIVED BY THE TIME AND DATE SPECIFIED WILL NOT BE OPENED OR

CONSIDERED.

1.3 HOW TO SUBMIT AN OBJECTION: Objections from Bidders to this invitation to bid and/or these specifications should be brought to the attention of the County Purchasing Agent in writing. The objections contemplated may pertain to form and/or substance of the invitation to bid documents. Failure to object in accordance with the above procedure will constitute a waiver on the part of the business to protest this invitation to bid

1.4 QUESTIONS: Any questions pertaining to the bid must be made in writing and must be received at the office of the Purchasing Agent no later than 5.00pm (Eastern Time) on Monday, June 13, 2022.

Questions may be faxed to 912-754-8413; emailed to abruton@effinghamcounty.org or hand delivered/mailed to Effingham County Board of Commissioners, Purchasing Office, 601 N Laurel Street, Springfield, GA 31329. The response to all questions will be in the form of an addendum and will be posted on the Effingham County website www.effinghamcounty.org before 5.00pm (Eastern Time) on

Wednesday, June 15, 2022. If hand delivering or mailing questions, please DO NOT mark the outside of the envelope with the bid number.

The only official answer or position of Effingham County will be the one stated in writing.

1.5 ERRORS IN BIDS: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting Bids. Failure to do so will be at the Bidders own risk. In case of error in extension of prices in the Bid, the unit price will govern.

1.6 STANDARDS FOR ACCEPTANCE OF BID FOR CONTRACT AWARD: The County reserves the right to reject any or all Bids and to waive any irregularities or technicalities in Bids received whenever such rejection or waiver is in the best interest of the County. The County reserves the right to reject the Bid of a Bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a Bid from a Bidder whom investigation shows is not in a position to perform the contract.

Contracts shall be awarded to the lowest responsible and responsive bidder whose combined bid meets the requirements and criteria set forth in the advertisement for bids; provided, however, that if the bid from the lowest responsible and responsive bidder exceeds funds budgeted for the contract, the county may negotiate with such apparent low bidder to obtain a contract price within the budgeted amount. Such negotiations may include changes in the scope of work and other bid requirements. Effingham County reserves the right to reject any or all bids, and to waive formalities.

mailto:abruton@effinghamcounty.org

01150-2

1.7 CONFIDENTIALITY OF DOCUMENTS: Upon receipt of a bid by the County the bid shall become the property of the County without compensation to the Contractor, for disposition or usage by the County at its discretion. The particulars of the bid documents will remain confidential until final award of the contract.

1.8 BIDDER: Whenever the term "Bidder" is used it shall encompass the "person," "business," "firm," “contractor” or other party submitting a bid to Effingham County in such capacity before a contract has been entered into between such party and the County. At times throughout this Invitation to Bid the term “contractor” may be used interchangeably with the term “bidder”.

1.9 CONTRACT: Whenever the term “Contract” is used it shall encompass “purchase order” and “agreement.”

1.10 COMPLIANCE WITH LAWS: The Proposer shall obtain and maintain all licenses, permits, liability insurance, workman's compensation insurance and comply with any and all other standards or regulations required by Federal, State or County statute, ordinances and rules during the performance of any contract between the Proposer and the County. Any such requirement specifically set forth in any contract document between the Proposer and the County shall be supplementary to this section and not in substitution thereof.

1.11 COUNTY: Whenever the term "County" or "Owner" is used it is to refer to the Effingham County Board of Commissioners.

1.12 DEBARRED FIRMS AND PENDING LITIGATION: Any potential bidder/firm listed on the Federal or State of Georgia Parties Listing (barred from doing business) will not be considered for contract award.

Bidders shall disclose any record of pending criminal violations (indictment) and/or convictions, pending lawsuits, etc., and any actions that may be a conflict of interest occurring within the past five (5) years.

Bids will not be accepted from any company, firm, person, party or parent subsidiary, against which

Effingham County has an outstanding claim, or financial dispute relating to prior contract performance.

If the County, at any time, discovers such a dispute during any point of evaluation, the bid will not be considered further. Any bidder/firm previously defaulting or terminating a contract with the County will not be considered

Bidder acknowledges that in performing contract work for the County, Bidder shall not utilize any firms that have been a party to any of the above actions. If Bidder has engaged any firm to work on this contract or project that is later debarred, Bidder shall sever its relationship with the firm with respect to County

** All Bidders are to read and complete the Bidders certification regarding debarment, suspension, ineligibility, and voluntary exclusion enclosed as Attachment C to be returned with response. Failure to do so may result in your proposal being rejected as non-responsive.

1.13 IMMIGRATION: On 1 July 2009, the Georgia Security and Immigration Compliance Act (SB 529, Section 2) became effective. All employers, contractors and subcontractors entering into a contract or performing work must sign an affidavit that he/she has used the E-Verify System. E-Verify is a no-cost federal employment verification system to insure employment eligibility. Affidavits are enclosed in this solicitation. You may download M-274 Handbook for Employers at http://www.dol.state.ga.us/spotlight/employment/rules. You may go to http://www.uscis.gov to find the E-Verify information.

** All Proposers are to read and complete the E-Verify affidavit enclosed as Attachment E to be returned with response. Failure to do so may result in your solicitation response being rejected as non- responsive http://www.dol.state.ga.us/spotlight/employment/rules http://www.uscis.gov/

01150-3

1.14 PROTECTION OF RESIDENT WORKERS: Effingham County Board of Commissioners actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the Unites States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment.

1.15 STATEMENT OF DISCLOSURE: All Vendors must provide a statement of disclosure which will allow the County to evaluate possible conflicts of interest. (Attachment C)

Interests of Public Officials.

The vendor warrants for itself and any subcontractor that no elected or appointed official or employee of

Effingham County, Georgia, has any interest in their bid or the proceeds of any contract/agreement which may result thereof. In the event that an elected or appointed official or employee acquires any interest in any contract/agreement which may result from this bid, or the proceeds thereof, the vendor agrees to disclose such interest to the BOARD immediately by written notice. For breach or violation of this clause, the BOARD may annul any contract/agreement resulting from this bid without liability, terminate any contract/agreement resulting from this bid for default, or take other remedial measures. “Interest” as used herein means direct or indirect pecuniary or material benefit accruing to a county commissioner, official or employee as a result of a matter which is or which is expected to become the subject of an official action by or with the county, except for such actions which, by their terms and by the substance of their provisions, confer the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated. The term “interest” shall not include any remote interest. For purposes of this bid, a county commissioner, official or employee shall be deemed to have an interest in the affairs of: (1) his or her family; (2) any business entity in which the county commissioner, official or employee is a member, officer, director, employee, or prospective employee; and (3) any business entity as to which the stock, legal ownership, or beneficial ownership of a county commissioner, official or employee is in excess of five percent of the total stock or total legal and beneficial ownership, or which is controlled or owned directly or indirectly by the county commissioner, official or employee. Remote interest as used herein means the interest of (1) a volunteer director, officer, or employee of a nonprofit corporation; (2) a holder of less than 5 percent of the legal or beneficial ownership of the total shares of a business; (3) any person in a representative capacity, such as a receiver, trustee, or administrator. Family as used herein means the spouse, parents, children, and siblings, related by blood, marriage, or adoption, of a county official or employee.

01150-4

1.16 ITB NO. 22-006 SCHEDULE:

Invitation to Bid Date/ Time

Owner issues advertisement of ITB Tuesday, May 24, 2022

Mandatory Pre-bid Meeting 11.00am (EST) Wednesday, June 8, 2022

Deadline for submission of written questions:

5.00pm (EST) Monday, June 13, 2022

Addendum issued to answer questions (if any) and posted online at www.effinghamcounty.org 5.00pm (EST) Wednesday, June 15, 2022

Deadline for submission of Bids 11.00am (EST) Wednesday, June 22, 2022

Bid Award at Board of Commissioner’s

Meeting

TBD

Notice of Award TBD

Notice to Proceed TBD

01150-5

ATTACHMENT A

DRUG FREE WORKPLACE CERTIFICATION

The undersigned certifies that the provisions of Code Sections 50-24-1 through 50-24-6 of the Official Code to Georgia Annotated, related to the Drug Free Workplace have been complied with full.

1. A drug-free workplace will be provided for the employees during the performance of the contract; and;

2. Each Sub-Contractor under the direction of the Contractor shall secure the following written certification:

(Contractor) certifies to Effingham County that a drug-free workplace will be provided for the employees during the performance of this contract known as ITB 22-006 – Effingham County Jail - Boiler Replacement pursuant to paragraph (7) of subsection (B) of Code Section 50-24-3. Also, the undersigned further certifies that he/she will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract.

CONTRACTOR DATE

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE

____ DAY OF ______________________ 20______

Notary Public

My Commission Expires: ______________ , 20 ___

01150-6

ATTACHMENT B

PROMISE OF NON-DISCRIMINATION STATEMENT

Know all men by this presence, that I (We) ________________________________________________

Name ____________________________, (herein after “Company”), Title _________________________

In consideration of the privilege to Bid on the following Effingham County Procurement titled ITB NO. 22-

006 – Effingham County Jail - Boiler Replacement hereby consent, covenant, and agree as follows:

A. No person shall be excluded from participation in, denied the benefit of, or otherwise discriminated against on the basis of race, color, national origin or gender in connection with the Bid submitted to Effingham County or the performance of the contract resulting there from;

B. That it is and shall be the policy of this Company to provide equal opportunity to all business persons seeking to contract or otherwise interested with the Company, including those companies owned and controlled by racial minorities and women; and

C. That the promises of non-discrimination as made and set forth herein shall be continuing throughout the duration of this contract with Effingham County.

D. That the promises of non-discrimination as made and set forth herein shall be and are hereby deemed to be made part of an incorporated by reference in the contract which this Company may be awarded;

E. That the failure of this Company to satisfactorily discharge any of the promises of non-discrimination as made and set forth above may constitute a material breach of contract entitling the County to declare the contract in default and to exercise appropriate remedies including but not limited to termination of the contract.

SIGNATURE DATE:

_____ DAY OF_______________________, 20____

My Commission Expires:_____________________________, 20_____

01150-7

ATTACHMENT C

DISCLOSURE OF RESPONSIBILITY STATEMENT - Bidders Certification Regarding

Debarment, Suspension, Ineligibility and Voluntary Exclusion (page 1)

Failure to complete and return this information will result in your bid/offer/proposal being disqualified from further competition as non-responsive.

1. List any convictions of any person, subsidiary, or affiliate of the company, arising out of obtaining, or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract.

2. List any indictments or convictions of any person, subsidiary, or affiliate of this company for offenses such as embezzlement, theft, fraudulent schemes, etc. or any other offenses indicating a lack of business integrity or business honesty which affects the responsibility of the contractor.

3. List any convictions or civil judgments under states or federal antitrust statutes.

4. List any violations of contract provisions such as knowingly failing (without good cause) failing to perform, or unsatisfactory performance, in accordance with the specifications of a

5. List any prior suspensions or debarments by any governmental agency.

6. List any contracts not completed on time.

7. List any penalties imposed for time delays and/or quality of materials and workmanship.

8. List any documented violations of federal or any state labor laws, regulations, or standards, and any occupational safety and health rules.

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001

01150-8

DISCLOSURE OF RESPONSIBILITY STATEMENT - Bidders Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (page 2)

I hereby certify that I am the _____________________________________________ and duly authorized representative of _____________________________________________ (Contractor) whose address is and I certify that I have read and understand the attached instructions and that to the best of my knowledge and belief the firm and its representatives:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by the Georgia Department of Transportation, any Federal

Department or Agency, Board of Education or local municipality.

(b) I acknowledge that this certification is provided pursuant to Executive Order 12549 and 49 CFR

Part 29 and that this firm agrees to abide by the rules and conditions set forth therein for any misrepresentation that would render this certification erroneous, including termination of this

Agreement and other remedies available to the Georgia Department of Transportation, Federal

Government, Board of Education or local municipality.

(c) I further acknowledge that this firm will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. Where the Bidder or any lower tier participant is unable to certify to this statement, that participant shall attach an explanation to this document.

I,_________ ________________________ , as________________________________________

Name of individual Title & Authority of ______________________________________ , declare under oath that the above statements, Company Name including any supplemental responses attached hereto, are true.

Signature

State of: _____________________________________________

County of : _____________________________________________

01150-9

DISCLOSURE OF RESPONSIBILITY STATEMENT (page 3)

_________DAY OF_______________________, 20____

by _________________________________________________ ________representing him/herself to be

___________________________________________________ of the company named.

My Commission Expires:_____________________________, 20_____

THIS SECTION INTENTIONALLY LEFT BLANK

01150-10

ATTACHMENT D

NON-COLLUSIVE AFFIDAVIT OF SUBCONTRACTOR

I, _______________________________________________________ certify that pursuant to Effingham

County Board of Commissioner’s policies, this bid or proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid or proposal for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud of any type. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of this bid or proposal and certify that I am authorized by my employer to sign this statement on their behalf.

Affiant further states that pursuant to O.C.G.A. Section 36-91-21 (d) and (e), Contractor has not, by itself or with any others, directly or indirectly, prevented or attempted to prevent competition in such bidding or proposals by any means whatsoever. Affiant further states that (s)he has not prevented or endeavored to prevent anyone from making a bid or offer on this project by any means whatsoever, nor has

Affiant caused or induced another to withdraw a bid or offer for the work and/or to submit an invalid and or incorrect bid or offer for the work.

Affiant further states that the said offer of ___________________________________________________ is a bona fide offer, and that no one has contacted any supplier and attempted to get such person or company to furnish the materials to the bidder only, or if furnished to other bidders, to do so at a higher prices.

Company’s Name

President / Vice President / Principal / Owner

Sworn to and subscribed before me this _________ day of _____________________, 20 ____

Secretary / Assistant Secretary

Affix corporate seal here, if a corporation

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ____ day of _________________ 20_____

My Commission Expires ________________________________, 20_____

NOTE: If the contractor is a partnership, all of the partners and officers, agents, or other persons who may have represented or acted on behalf of the partnership in bidding for or procuring this contract shall also make this oath. If the subcontractor is a corporation, all of the officers, agents, or other persons who may have represented or acted on behalf of the corporation in bidding for or procuring this contract shall also make this oath.

01150-11

ATTACHMENT E

CONTRACTOR AFFIDAVIT AND AGREEMENT (E-VERIFY)

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.GA § 13-10-91, stating affirmatively that the individual, firm, or corporation that is contracting with Effingham County has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-

91, and shall agree to use this program for any newly hired employees throughout the duration of the contract.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Effingham County, contractor will secure from such subcontractors) similar verification of compliance with O.C.G.A. § 13-10-91on the Subcontractor

Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. The contractor further agrees to provide notice to the County of the identity of each subcontractor hired under the contract within five (5) business days of entering into a contract for hire. Such notice shall include a copy of the Subcontractor

Affidavit for each subsequent subcontractor attesting to the subcontractor's name, address, user identification number, and date of authorization to use the federal work authorization program. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Effingham County within five (5) days of the time the subcontractor(s) is retained to perform such service.

EEV/ Basic Pilot Program* User Identification Number

BY: Authorized Officer or Agent (Contractor Name) Date

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

____ DAY OF ______________________ 20____

My Commission Expires: - _____________ , 20 ___

* As of the effective date of O.C.G.A. § 13-10-91, the applicable federal work authorization program is the "EEV/ Basic Pilot Program" operated by the U.S. Citizenship and Immigration Services Bureau of the U.S.

Department of Homeland Security, in conjunction with the Social Security Administration (SSA).

01150-12

ATTACHMENT F

SUBCONTRACTOR AFFIDAVIT (E-VERIFY)

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation that is engaged in the physical performance of services under a contract with (name of contractor) on behalf of Effingham County has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-

603], in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and will agree to use this program for any newly hired employees throughout the duration of the contract. The subcontractor further agrees to provide a copy of the executed Subcontractor Affidavit to the Contractor in order to be provided to the County within five (5) days entering into the contract for hire.

EEV / Basic Pilot Program* User Identification Number

Date of E-Verify Authorization

Address

BY: Authorized Officer or Agent (Subcontractor Name) Date

Title of Authorized Officer or Agent of Subcontractor

Printed Name of Authorized Officer or Agent

_____ DAY OF_______________________, 20____

My Commission Expires: ______________________, 20____

* As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is the "EEV/ Basic Pilot Program" operated by the U. S. Citizenship and Immigration Services Bureau of the U.S.

Department of Homeland Security, in conjunction with the Social Security Administration (SSA).

01150-13

ATTACHMENT G

NO-BID STATEMENT

In an effort to make the procurement of construction, goods and services for Effingham County as competitive as possible, we are soliciting information from contractors and or vendors who cannot Bid. Your

"responsiveness" and "constructive" comments will be appreciated. Completion of this form will assist us in evaluating factors which relate to the competitiveness of our Bids. Please check any of the boxes below which may apply.

□ Specifications - Restrictive, too "tight", unclear, specialty item, geared toward one (1) brand or manufacturer only. (Explain below)

□ Manufacturing - Unique item, production time for model or item has expired, etc.

□ Bid Time - Insufficient time to properly respond to Bid or proposal.

□ Delivery Time - Specified delivery time cannot be met.

□ Payment - Delay in payment terms. Please be specific.

□ Bonding - We are unable to meet bonding requirements.

□ Insurance -We are unable to meet insurance requirements.

□ Removal - From Bidders list for this particular commodity or service.

□ Keep - Our Company on your Bidders list for future reference.

□ Project is - Too Large_____ __________ Too Small ___________________

□ Site Location Too Distant.

□ Miscellaneous - Do not wish to Bid, do not handle this type of item (s), unable to compete, contract clause (s) not acceptable, etc. Please be specific.

CONSTRUCTION PROJECTS: Please provide reason for obtaining a Bid package. Check one below.

Interest in this project as a:

Prime Contractor __________

Sub-Contractor __________

Supplier __________

ITB 22-006 – Effingham County Jail - Boiler Replacement

Signature: ____________________________ Telephone Number: _____________________

Firm Name: _________________________________

01150-14

ATTACHMENT H

LIST OF SUBCONTRACTORS

I /DO, /DO NOT, propose to subcontract some of the work on this project. I propose to subcontract work to the following contractors/firms:

CONTRACTOR/FIRM

NAME:

ADDRESS:

DESCRIPTION OF

WORK/SERVICES TO BE

PERFORMED:

CONTRACT

AMOUNT

01150-15

ATTACHMENT I

Legal Notice

Invitation to Bid

ITB 22-006 – Effingham County Jail - Boiler Replacement

Effingham County, Georgia is seeking bids from firms interested in ITB 22-006 – Effingham County

Jail - Boiler Replacement

Sealed proposals are due by 11.00am (Eastern Time) on Wednesday, June 22, 2022 and must be mailed or hand delivered to the Effingham County Purchasing Office, 804 S. Laurel Street, Springfield, GA

31329.

A copy of this Invitation to Bid is available at the address listed above or online at www.effinghamcounty.org - Purchasing tab. For additional information please contact, Alison Bruton at (912) 754-2159 or via email: abruton@effinghamcounty.org

EFFINGHAM COUNTY RESERVES THE RIGHT TO REJECT ANY/AND ALL BIDS AND TO

WAIVE ALL FORMALITIES. "EFFINGHAM COUNTY IS AN EQUAL OPPORTUNITY

EMPLOYER, M/F/H, ALL BIDDERS ARE TO BE EQUAL OPPORTUNITY EMPLOYERS".

01160-1

GENERAL CONDITIONS

1.1 SPECIFICATIONS: Any obvious error or omission in the specifications shall not inure to the benefit of the Bidder but shall put the Bidder on notice to inquire of or identify the same to the County.

1.2 GEORGIA OPEN RECORDS ACT: The responses will become part of the County's official files without any obligation on the County's part. Ownership of all data, materials, and documentation prepared for and submitted to Effingham County in response to a solicitation, regardless of type, shall belong exclusively to Effingham County and will be considered a record prepared, maintained or received in the course of operations of public office or agency and is subject to public inspection in accordance with the Georgia Open Records Act. Official Code of Georgia Annotated, Section 50-18-

070, et.Seq. unless otherwise provided by law. The Georgia Open Records Act is applicable to the records of all contractors and subcontractors under contract with the County. This applies to those specific contracts currently in effect and those which have been completed or closed up to three (3) years following completion.

1.3 GEORGIA TRADE SECRET ACT OF 1990: In the event that a Bidder submits secret information to the County, the information must be clearly labeled as a "Trade Secret". The County will maintain the confidentiality of such trade secrets to the extent provided by law.

1.4 PRICES TO BE FIRM: The Bidder warrants that Bid prices, terms and conditions quoted in his Bid will be firm for acceptance for a period of sixty (60) days from Bid opening date, unless otherwise stated in the Bid.

1.5 COMPLETENESS: All information required by the Invitation to Bid must be completed and submitted to constitute a proper bid. The County shall have sole discretion in evaluating qualifications and responses of Bidders. Bidder acknowledges that in performing a contract for the Board, Bidder shall not utilize any firms that have been a party to any of the actions listed in paragraph 1.12 of section 01150. If

Bidder has engaged any firm to work on this contract or project that is later debarred, Bidder shall sever its relationship with that firm with respect to the Board’s contract.

1.6 MULTIPLE PROPOSALS: No Bidder will be allowed to submit more than one offer. Any alternate proposals must be brought to the Purchasing Agent's attention during the Pre-bid Conference or submitted in writing at least five (5) days preceding the date for submission of bids.

1.7 PATENT INDEMNITY: Except as otherwise provided, the successful Bidder agrees to indemnify

Effingham County and its officers, agents and employees against liability.

1.8 QUALIFICATION OF BUSINESS (RESPONSIBLE BIDDER): A responsible Bidder is defined as one who meets, or by the date of the Bid acceptance can meet, all requirements for licensing, insurance, and service contained within this Invitation for Bids. Effingham County has the right to require any or all

Proposers to submit documentation of their ability to perform, provide or carry out the service requested and to disqualify the proposal of any Proposer as being unresponsive or un-responsible whenever such

Proposer cannot.

1.9 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: By submission of this bid, the Bidder certifies, and in the case of a joint bid each party thereto as to its own organization, that in connection with this procurement.

A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such price

01160-2 with any other bidder or with any competitor;

B. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly to any other competitor; and;

C. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose or restricting competition.

1.10 AWARD OF CONTRACT: The contract, if awarded, shall be awarded to the lowest responsible and responsive bidder whose combined bid meets the requirements and criteria set forth in the advertisement for bids; provided, however, that if the bid from the lowest responsible and responsive bidder exceeds funds budgeted for the contract, the county may negotiate with such apparent low bidder to obtain a contract price within the budgeted amount. Such negotiations may include changes in the scope of work and other bid requirements. Effingham County reserves the right to reject any of all bids, and to waive formalities.

1.11 TERM OF THE CONTRACT: The contract period will be for the period specified in the contract document UNLESS DIRECTED OTHERWISE BY THE BOARD OF COMMISSIONERS.

1.12 INSURANCE PROVISIONS: The selected Bidder shall be required to procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Bidder, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Bid.

Contract work will not proceed unless Effingham County has in their possession, a current

Certificate of Insurance. Effingham County invokes the defense of sovereign immunity. The

County is not to be included as an additional insured on insurance contracts.

General Information that shall appear on a Certificate of Insurance:

A. Name of Producer (Contractor's insurance Broker/Agent).

B. Companies affording coverage (there may be several).

C. Name and address of the Insured (this should be the Company or Parent of the firm

Effingham County is contracting with).

D. A Summary of all current insurance for the insured (includes effective dates of coverage).

E. A brief description of the operations to be performed, the specific job to be performed, or contract number.

F. Certificate Holder (This is to always include Effingham County).

1.13 LIMITS OF INSURANCE: Effective coverage shall have the following limits:

A. Commercial General Liability: Provides protection against bodily injury and property damage claims arising from operations of a Contractor or Tenant. Minimum limits: $1,000,000 bodily injury and property damage per occurrence and annual aggregate.

B. Worker's Compensation and Employer’s Liability: Provides statutory protection against bodily injury, sickness or disease sustained by employees of the Contractor while performing within the scope of duties. Minimum limits: $500,000 for each accident, disease policy limit, and disease each employee and Statutory Worker’s Compensation limit.

C. Business Automobile Liability: Coverage insures against liability claims arising out of the

Contractor’s use of automobiles. Minimum limit: $1,000,000 combined single limit per accident for bodily injury, property damage, and should be written on an “Any Auto” basis.

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1.14 SPECIAL REQUIREMENTS:

A. Claims-Made Coverage: The limits of liability shall remain the same as the occurrence basis, however, the Retroactive date shall be prior to or coincident with the date of any contract, and the

Certificate of Insurance shall state the retroactive date and the coverage is claims-made.

B. Extended Reporting Periods: The Contractor shall provide the County with a notice of the election to initiate any Supplemental Extended Reporting Period and the reason(s) for invoking this option.

C. Reporting Provisions: Any failure to comply with reporting provisions of the policies shall not affect coverage provided in relation to this request.

D. Cancellation/Non-Renewal Notification: Each insurance policy supplied in response to this request shall be endorsed to state that it shall not be suspended, voided, or canceled, except after thirty (30) days prior to written notice by certified mail, return receipt requested, has been given to the County.

E. Proof of Insurance: Effingham County shall be furnished with certificates of insurance and original endorsements affecting coverage required by this request. The certificates and endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf.

All certificates of insurance are to be submitted prior to, and approved by, the County before services are rendered. The Proposer must ensure Certificates of Insurance are updated for the entire term of the Contract.

F. Insurer Acceptability: Insurance is to be placed with an insurer having an A.M. Best's rating of A and a five (5) year average financial rating of not less than V. If an insurer does not qualify for averaging on a five year basis, the current total Best's rating will be used to evaluate insurer acceptability.

G. Lapse in Coverage: A lapse in coverage shall constitute grounds for contract termination by

Effingham County Board of Commissioners.

H. Deductible and Self-Insured Retention: Any deductibles or self-insured retention must be declared to, and approved by, the County. At the option of the County, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as related to the County, its officials, officers, employees, and volunteers; or the Proposer shall procure a bond guaranteeing payment of related suits, losses, claims and related investigation, claim administration and defense expenses

1.15 ADDITIONAL COVERAGE FOR SPECIFIC PROCUREMENT PROJECTS:

Professional Liability: Insure errors or omission on behalf of architects, engineers, attorneys, medical professionals, and consultants.

Minimum Limits: $1,000,000 per claim/occurrence.

Coverage Requirement: If “claims made,” retroactive date must precede or coincide with the contract effective date or the date of the Notice to Proceed. The professional must state if “tail” coverage has been purchased and the duration of the coverage.

Builder’s Risk: (for Construction or Installation Contracts) Covers against insured perils while in the course of construction.

Minimum Limits: All-risk coverage equal 100% of contract value.

Coverage requirements: Occupancy clause – permits Effingham County Board of Commissioners to use the facility prior to issuance of Notice of Substantial Completion.

1.16 INDEMNIFICATION: The CONTRACTOR agrees to protect, defend, indemnify, and hold harmless

Effingham County, Georgia, its commissioners, officers, agents, and employees from and against any and all liability, damages, claims, suits, liens, and judgments, of whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons caused by the CONTRACTOR or its subcontractors.

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The CONTRACTOR'S obligation to protect, defend, indemnify, and hold harmless, as set forth herein above shall include, but not be limited to, any matter arising out of any actual or alleged infringement of any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition, disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations. CONTRACTOR further agrees to investigate, handle, respond to, provide defense for, and to protect, defend, indemnify, and hold harmless Effingham County, Georgia, at his sole expense, and agrees to bear all other costs and expenses related thereto, even if such claims, suits, etc., are groundless, false, or fraudulent, including any and all claims or liability for compensation under the Worker's Compensation Act arising out of injuries sustained by any employee of the

CONTRACTOR or his subcontractors or anyone directly or indirectly employed by any of them. The

CONTRACTOR'S obligation to indemnify Effingham County under this Section shall not be limited in any way by the agreed-upon contract price, or to the scope and amount of coverage provided by any insurance maintained by the CONTRACTOR.

1.17 INTERPRETING SPECIFICATION: The specifications or scope of services contained herein are intended to be descriptive rather than restrictive. The County is soliciting a bid to provide a complete product or service package which meets all requirements. Specific equipment and system references may be included in the ITB for guidance, but they are not intended to preclude bidders from recommending alternative solutions for offering comparable or better performance or value to the County. Changes in the scope of services, specifications, or terms and conditions of the ITB will be made in writing by the

County prior to the bid opening or due date. Results of informal meetings between a potential Bidder and a County official or employee may not be used as a basis for deviations from the requirements contained in this solicitation.

1.18 SIGNED RESPONSE CONSIDERED AN OFFER: The signed Bid shall be considered an offer on the part of the Bidder, which offer shall be deemed accepted upon approval by the Effingham County

Board of Commissioners, or their designee. In case of a default on the part of the Bidder after such acceptance, Effingham County may take such action as it deems appropriate, including legal action for damages or lack of required performance.

1.19 NOTICE OF AWARD and NOTICE TO PROCEED: The successful bidder shall not commence work under this Invitation to Bid until a written contract is awarded and a Notice to Proceed is issued by the Purchasing Agent or his designee. If the successful Bidder does commence any work or deliver items prior to receiving official notification, he does so at his own risk. A Notice of Award (NOA) will be issued after the award by the Board of Commissioners. Upon receipt of the NOA, the Contractor will have fourteen (14) calendar days to return the Payment and Performance Bonds and the fully executed

Contract. Upon receipt of those documents by the Purchasing Agent, a Notice to Proceed (NTP) will be issued. Work is to commence no later than fourteen (14) calendar days from the date of signature on the

NTP.

1.20 PAYMENT TO CONTRACTORS: Instructions for invoicing the County for services delivered to the

County are specified in the contract document.

A. Questions regarding payment may be directed to the Effingham County Finance Department, at

(912) 754-8057.

B. Contractors will be paid the agreed upon compensation upon satisfactory progress or completion of the work as more fully described in the contract document.

C. Effingham County is a tax exempt entity. Every contractor, vendor, business or person under contract with Effingham County is required by Georgia law to pay State sales or use taxes for products purchased in Georgia or transported into Georgia and sold to Effingham County by

01160-5 contract. Please consult the State of Georgia, Department of Revenue, Sales and Use Tax Unit in

Atlanta (404) 656-4065 for additional information.

1.21 CONTRACT COST ADJUSTMENTS: Prices quoted shall be firm for the contract term.

1.22 VENDOR DEFAULT: In case of vendor default, the County will provide a letter of official notice of non-performance. If the issue(s) are not remedied 30 days from receipt of said notice, the County reserves the right to procure services from other sources.

1.23 METHOD OF COMPENSATION: The successful Contractor will be compensated in accordance with the approved…