RFP_ 25_03_016 Civic Center Repairs.pdf

RFP# 25-03-016

Request for Proposal

CIVIC CENTER REPAIRS

Oconee County Board of Commissioners

Civic Center Repairs

TABLE OF CONTENTS

Invitation to Bid ………………………………………………………………………………..……… 2

Advertisement …………………………………………………………………………………….………… 3

Section I – General Instructions ……………………………………………………………………… 4

Section II – General Terms & Conditions ………………………………………………….………… 10

Section III – Scope of Work ………………………………………………….…………………………… 22

Exhibit A – Replacement Flooring Areas ……………………………………………………….. 28

Exhibit B – Concession Renovation Concept ……………………………………………….. 29

Bidders Checklist …………………………………………………………………………………………… 30

Bid Forms ……………………………………………………………………………………….……… 31

Proposal Forms ………………………………………………………………………………………… 35

HAND DELIVERED BID SUBMISSIONS MUST BE RECEIVED AND INITIALED BY THE FINANCE DEPARTMENT.

Notice for Request for Proposal (RFP)

Civic Center Repairs

RFP NUMBER 25-03-016

ISSUE DATE March 21, 2025

PRE-BID MEETING April 2, 2025 at 10:00 am

Oconee County Civic Center 2661 Hog Mountain Road Watkinsville, Georgia 30677

SUBMITTED QUESTIONS & RESPONSES Questions regarding this RFP must be received in writing via email no later than 5:00 pm on April 9, 2025.

Responses will be provided via addenda no later than 5:00 pm on April 16, 2025.

SUBMISSION SHOULD INCLUDE Four (4) bids: one (1) unbound original & three (3) copies

CLOSING DATE & TIME April 22, 2025 at 10:00 am

ACCEPTANCE PLACE/AGENCY Oconee County Board of Commissioners Finance Department – Procurement Officer 7635 Macon Highway, Box 700

BID OPENING LOCATION Oconee County Administrative Building North High Shoals Conference Room 7635 Macon Highway Watkinsville, Georgia 30677

CONTACT Jessica Ellis, Procurement Officer ocbids@oconee.ga.us

RFP documents can be downloaded from our website www.oconeecountyga.gov

7635 Macon Highway

Request for Proposal

Issue Date: March 21, 2025

Oconee County is seeking proposals from contractors interested in providing various repairs to the Oconee County Civic Center located at 2661 Hog Mountain Road Watkinsville, Georgia 30677. Please see Section III of the bid documents for full Scope of Work.

A pre-bid meeting is scheduled for April 2, 2025 at 10:00 am at the Oconee County Civic Center located at 2661 Hog Mountain Road Watkinsville, Georgia 30677. This meeting is mandatory and attendance is required to qualify as a respondent.

Sealed bids will be accepted by the Oconee County Finance Department located at the Oconee County Administrative Building until 10:00 AM, April 22, 2025. Submissions that are hand delivered must be received and initialed by the Finance Department. Submissions that are mailed in should be sent to: Oconee County Finance Department 7635 Macon Highway, Box 700, Watkinsville, Georgia, 30677. At the time and date above, sealed bids will be publicly opened and the names read aloud at the Oconee County Administrative Building North High Shoals conference room located at 7635 Macon Highway Watkinsville, GA 30677. Bids received after this time will not be accepted.

All submissions must be marked on the outside as “Civic Center Repairs RFP# 25-03-016” and should include the respondent’s name and address. Pursuant to Georgia law, no bids will be considered without an executed E-Verify a idavit. The successful bidder will be required to pay sales and use tax on materials purchased or used on this project. Progress payments and retainage for construction may be submitted to the owner monthly and payment terms are net thirty (30) days. This Public Works project can commence upon the issuance of the Notice to Proceed (NTP) and shall be completed within ninety (90) calendar days thereafter, unless otherwise specified.

A bid bond* in the amount of five percent (5%) of the total bid amount and a Consent of Surety must be enclosed in bid submissions at the time of the bid opening. The Consent of Surety shall state that upon award of agreement, a Performance and Payment bond of one hundred percent (100%) of the total agreement amount can be furnished.

*Surety companies executing bonds must be authorized to transact business in the State of Georgia.

Questions regarding this RFP should be directed to Ms. Jessica Ellis, Procurement O icer via email at ocbids@oconee.ga.us and shall be received no later than 5:00 PM, April 9, 2025. Bid forms and Scope of Services may be obtained from the County’s website on the “Doing Business” tab under “Bid Opportunities” and are available to view at the Finance Department.

The OCBOC reserves the right to cancel this solicitation and/or reject any and all proposals in whole or in part if Oconee County determines that cancellation and/or rejections are advantageous to the County. RFPs are legal and binding upon the Respondent when submitted. It will also be the responsibility of each Respondent to obtain any addenda issued from the Procurement O ice. The written RFP documents supersede any verbal or written prior communications between the parties.

By Oconee County Board of Commissioners The Honorable John Daniell

Section I - General Information

A. VENDOR REGISTRATION & BID NOTIFICATION SYSTEM

Bidders are encouraged to sign up for the County’s registration system powered by Vendor Registry. This system allows the Bidder to quickly register and update details such as products and services it provides, as well as contact information. This will enable the County and its Vendor Registry to notify the Bidder of opportunities in the future. Proposals are not rejected for failure to register. To Register or check the status of registration:

Please visit the County’s website at www.oconeecountyga.gov

Hover over ‘Departments’ and select ‘Finance’.

Select the link ‘Vendor Registration’.

Complete registration by following the instructions provided.

B. CONTACT PERSON

Bidders are encouraged to contact Ms. Jessica Ellis, Procurement O icer by email at ocbids@oconee.ga.us to clarify any part of the solicitation requirements. All questions shall be directed to the contact person in writing via email. Any unauthorized contact shall not be used as a basis for responding to this solicitation and may result in the disqualification of the Bidder's submittal.

Bidders may not contact any elected o icial or other County employee to discuss the bid process or bid opportunities except through the procurement o icer named herein or as provided by existing work agreement(s). This policy shall be strictly enforced, and the County reserves the right to reject the submittal of any vendor violating this provision.

C. BID SUBMISSIONS

A total of four (4) bids, one (1) unbound original and three (3) bound copies must be received no later than 10:00 AM on April 22, 2025. Bids must be submitted in a sealed envelope with the following clearly labeled on the outside “Civic Center Repairs RFP # 25-03-016” and should include the respondent’s name and address. Sealed envelope should be addressed to:

Oconee County Board of Commissioners Finance Department – Procurement O icer 7635 Macon Highway, Suite 700 Watkinsville, GA 30677

Hard copies may be delivered to the above address ONLY between the hours of 8:00 AM and 5:00 PM, Monday through Friday, excluding holidays observed by the Oconee County Government. Bid must meet the required specifications and must be of a quality that will adequately serve the use and purpose for which intended.

Submittals or modifications received after the due date and time will not be considered. Oconee County assumes no responsibility for the premature opening of submittals not properly addressed and identified and/or delivered to the proper designation. Late proposals properly addressed to the Oconee County Board of Commissioners shall be returned to the respondent unopened.

Each bid shall contain a completed copy of all provided county forms and documents.

More than one bid received for the same work from an individual, firm, partnership, corporation, or association under the same of di erent names will not be considered. Reasonable grounds for believing any bidder is involved in more than one bid for the same work will cause the County to reject all bids from the Bidder. If the County believes collusion exists among bidders, bids from participants in collusion will not be considered.

Conditions, limitations, or provisions attached by the Bidder to the bid forms may cause its rejection. Bids containing items not included in the form of bids will be considered irregular.

D. ADDENDA AND INTERPRETATIONS

Oconee County will issue responses to inquiries and any other corrections or amendments it deems necessary in a written addenda issued prior to the due date posted on the County’s website under the bid information.

Bidder should not rely on any representations, statements, or explanations other than those made in this solicitation or in any addendum to this solicitation. Where there appears to be a conflict between the solicitation and any addenda issued, the last addendum issued will prevail. Bidders are advised to check the website for addenda before submitting their bids.

Bidders shall acknowledge any issued addenda by including the Addenda Acknowledgement Form with the bid submittal. Bid submittals that fail to acknowledge the Bidder’s receipt of any addendum may result in the rejection of the bid if the addendum contains information that substantially changes the owner’s requirements.

Addenda may be issued to modify the bid document package as deemed necessary by Oconee County.

E. ALTERATIONS OF SOLICITATION AND ASSOCIATED DOCUMENTS

Alterations of County documents are strictly prohibited and will result in automatic disqualification of the Bidder’s solicitation response. If there are “exceptions” or comments to any of the solicitation requirements or other language, then the supplier may make notes to those areas, but may not materially alter any document language.

F. BID REQUIREMENTS

Bidder Qualifications

Oconee County may make any investigations deemed necessary to determine a Bidder’s ability to perform the work, and the Bidder shall furnish all information and data requested by the County. The County reserves the right to reject any bid from any bidder that the County considers not properly qualified to carry out agreement obligations or able to satisfactorily complete the work on schedule.

Examination of Bid Documents and Site

Before submitting each a bid, each bidder shall: examine the bid document package thoroughly; become familiar with local conditions a ecting cost and work progress or performance; become familiar with federal, state, and local laws, ordinances, rules, regulations a ecting cost and work progress or performance; study and carefully correlate bidder’s observations with the bid document package; and notify the County concerning conflicts, errors, or discrepancies in the bid document package.

Bid submission will constitute incontrovertible representation that bidder understands and has complied with requirements contained in this article, and that bidder has read and understood the bid document package and hereby stipulates that the documents are su icient in scope and detail to indicate and convey understanding for terms and conditions in order to perform work.

Copies of Bid Documents

The solicitation package includes the Advertisement, Sections I-III, all attachments, exhibits, and addenda issued during the solicitation period.

Complete sets of the solicitation package shall be used in preparing bids. The County assumes no responsibility for errors or misinterpretations resulting from using incomplete sets of the bid document package.

The County, in making the solicitation document package available on the above terms, does so only to obtain bids on work and does not confer license or grant for any other use.

Any part of the solicitation package may be modified by addenda.

G. SIGNATURE REQUIRED

Each bidder shall furnish all information required by the bid schedule and schedule of values. Each bidder shall sign the bid and print or type his or her name on the schedule. The person signing the bid must initial erasures or other changes. An authorized agent of the company must sign bids. A VALID BID OFFER MUST BE SIGNED.

H. MODIFICATION AND WITHDRAWAL OF BIDS

Bids may be modified or withdrawn by appropriate document duly executed and delivered to the place where bids are to be submitted at any time prior to the deadline for submitting bids. Bid withdrawals will not prejudice the Bidder’s rights to submit a new bid prior to the deadline for submitting bids.

After the period for receiving bids has expired, no bid may be withdrawn, modified, or explained, except as provided for in the article below.

I. AWARD OF CONTRACT

To the extent permitted by applicable state and federal laws and regulations, the County reserves the right to reject any and all bids, to waive any and all informalities, and to disregard nonconforming, non-responsive, or conditional bids. Bids may be considered irregular and subject to rejection if they show serious omission, unauthorized form alterations, use of unauthorized forms, unauthorized alternate bids, incomplete or unbalanced unit prices, or other irregularities. In case of error in the extension of prices in the bid, the unit price will govern. No bid shall be altered, amended, or withdrawn, unless the acceptance date has expired, after the opening date of bids. Negligence on the part of the Bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. Any mistake, which is obviously a clerical one, such as an error in price extension, or in placement of decimal points, reversal of prices, FOB destination, FOB point of origin, etc., may be corrected by Oconee County after verification is made by the applicant. However, under no circumstances can unit prices be changed.

J. POST AWARD DOCUMENTATION

Upon issuance of a Notice of Award, selected Bidder will be required to submit the following:

Certificate of Insurance (Refer to Section K below for requirements & certificate holder information)

S.A.V.E. A idavit

Drug Free Workplace Certificate

W9

Occupational Tax License (issued from the County/City your business is located)

List of Subcontractors (if applicable)

Subcontractor Georgia Security & Immigration Compliance Act A idavit (if applicable)

Payment & Performance Bonds (if applicable)

General Contractor’s License (if applicable)

Any documents required by the Bidder will be outlined in the Notice of Award. Once received, a Notice to Proceed can follow.

K. OCONEE COUNTY INSURANCE REQUIREMENTS

The following recommended minimum insurance limits apply to vendors doing business with the Oconee County Board of Commissioners. The Standard Insurance Limits are recommended for all procurements of goods and ancillary services. The specific requirements for vendors providing high risk services supersede the Standard Insurance Limits. Coverage types and limits are recommended minimums and should be increased appropriately based on contract value and potential risks to the County.

To achieve the appropriate coverage levels, a combination of a specific policy written with an umbrella policy covering liabilities above stated limits is acceptable.

Important:

All policies shall contain a provision that coverage a orded under the policies shall not be canceled, changed, allowed to lapse, or allowed to expire until thirty (30) calendar days after written notice has been given to the certificate holder on the certificate of insurance. All such coverage shall remain in full force and e ect during the initial term of the agreement and any renewal or extension thereof.

All policies must be issued by an insurance company licensed to do business in the State of Georgia, with a minimum AM Best rating of A-, and signed by an authorized agent.

For example: If appropriate limits are $2 million per occurrence and $2 million aggregate, acceptable coverage would include a specific policy covering $1 million per occurrence and $1 million aggregate written with an umbrella policy for an additional $1 million.

Certificate Holder should read: Oconee County Board of Commissioners

7635 Macon Highway Watkinsville, Georgia 30677

Bidder shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every Subcontractor in any tier and shall require each and every Subcontractor of any tier to comply with all such requirements. Bidder agrees that if for any reason Subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and maintained by the Bidder at the Bidder's expense.

No Bidder shall commence any work of any kind under this contract until all insurance requirements contained in this contract have been complied with and until evidence of such compliance satisfactory to Oconee County as to form and content has been filed with Oconee County.

Compliance with the foregoing requirements as to carrying insurance shall not relieve the Bidder and all Subcontractors of their liability provisions of the contract.

All Bidder’s and Subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, and any other laws that may apply to this contract.

The Bidder shall at a minimum apply risk management practices accepted by the Bidder’s industry.

A. STANDARD INSURANCE LIMITS FOR GOODS AND ANCILLARY SERVICES

Workers Compensation (WC):

Statutory Limits – required in all contracts

Bodily injury by Accident – each employee

$ 100,000

Bodily injury by Disease – each employee

$ 100,000

Bodily Injury by Disease – policy limit $ 100,000

Commercial General Liability (CGL):

Each Occurrence Limit $ 1,000,000

Personal & Advertising Injury Limit $ 1,000,000

General Aggregate Limit $ 2,000,000

Products/Completed Ops. Aggregate Limit

$ 2,000,000

Automobile Liability:

Combined Single Limit $ 1,000,000

B. HIGH RISK INSURANCE LIMITS

1. Building Remodeling and Construction: This includes all aspects of building work, including, but not limited to, ducts, electrical, HVAC, painting, plumbing, roofing, etc.

Workers Compensation (WC): Required for all Contracts

NO EXEMPTIONS

Commercial General Liability (CGL):

Each Occurrence Limit $ 1,000,000

Personal & Advertising Injury Limit $ 1,000,000

General Aggregate Limit $ 2,000,000 (per project)

Products/Completed Ops. Aggregate Limit $ 2,000,000

Automobile Liability:

Combined Single Limit $ 1,000,000 Property Coverage or Builders Risk Policy Equal to or greater than the existing building limit if performing renovations.

If hazardous substances are involved:

Contractor’s Pollution Liability (with 1-year extended reporting period) Each Occurrence $ 1,000,000

Aggregate $ 2,000,000

Other specific coverage requirements / levels may exist depending on project size, scope, and type.

Additional Insured: The vendor shall add the “Oconee County Board of Commissioners, its officers, employees and agents” as an additional insured under the commercial general, automobile, and contractor’s pollution liability policies.

END OF SECTION I

Section II - General Terms & Conditions

1. DEFINITIONS

Alternate Bids The amount stated in the bid or proposal to be added to or deducted from the amount of the base bid or base proposal if the corresponding change in project scope or alternate materials or methods of construction is accepted.

Base Bid/Proposal The amount of money stated in the bid or proposal as the sum for which the bidder or proposer o ers to perform the work.

Bid Bond A bond with good and su icient surety or sureties for the faithful acceptance of the contract payable to, in favor of, and for the protection of the governmental entity for which the contract is to be awarded.

Change Order An alteration, addition, or deduction from the original scope of work as defined by the contract documents to address changes or unforeseen conditions necessary for project completion.

Competitive Sealed Bidding A method of soliciting public works construction contracts whereby the award is based upon the lowest responsive, responsible bid in conformance with the provisions of subsection (b) of Code Section 36-91-21.

Competitive Sealed Proposals A method of soliciting public works contracts whereby the award is based upon criteria identified in a request for proposals in conformance with the provisions of subsection (c) of Code Section 36-91-21.

Emergency Any situation resulting in imminent danger to the public health or safety or the loss of an essential governmental service.

Governing Authority The o icial or group of o icials responsible for governance of a governmental entity.

Governmental Entity A county, municipal corporation, consolidated government, authority, board of education, or other public board, body, or commission but shall not include any authority, board, department, or commission of the state, or a public transportation agency as defined by Chapter 9 of Title 32.

Payment Bond A bond with good and su icient surety or sureties payable to the governmental entity for which the work is to be done and intended for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the public works construction contract.

Performance Bond A bond with good and su icient surety or sureties for the faithful performance of the contract and to indemnify the governmental entity for any damages occasioned by a failure to perform the same within the prescribed time. Such bond shall be payable to, in favor of, and for the protection of the governmental entity for which the work is to be done.

Public Works Construction The building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to any public real property other than those projects covered by Chapter 4 of Title 32. Such term does not include the routine operation, repair, or maintenance of existing structures, buildings, or real property.

Responsible Bidder/O eror A person or entity that has the capability in all respects to perform fully and reliably the contract requirements.

Responsive Bidder/O eror A person or entity that has submitted a bid or proposal that conforms in all material respects to the requirements set forth in the invitation for bids or request for proposals.

Scope of Project The work required by the original contract documents and any subsequent change orders required or appropriate to accomplish the intent of the project as described in the bid documents.

Scope of Work The work that is required by the contract documents.

Sole Source Procurements that are made pursuant to a written determination by a governing authority that there is only one source for the required supply, service, or construction item.

2. DISCREPANCIES

Should a Bidder find discrepancies in the bid documents and/or specifications or be in doubt as to the meaning or intent of any part thereof, the Bidder shall request clarification from the County in writing, not later than five (5) working days prior to the date for Bid to close. Any changes to the solicitation that result from such clarification will be communicated through a written addendum and posted on the Finance Department "Bid Opportunities" page at www.oconeecountyga.gov. Failure to request such a clarification is a waiver of any claim by the Bidder for additional expenses because its interpretation was di erent than the County's.

3. OPEN RECORDS

Bidder acknowledges and agrees that the County is obligated to timely comply with requests for information pursuant to state and federal law and regulation. Bidder agrees to comply with all provision of the Georgia Open Records Act ("ORA") (O.C.G.A. § 50-18-70 et. seq.), and to make records pertaining to the performance of services, provision of goods or other functions under this contract available for public inspection upon request, unless otherwise exempt under other provisions of the ORA. Bidder shall provide the County with immediate notice should Bidder receive an Open Records Request.

If Bidder asserts that any information in its response or in any information provided to the County with respect to the services or products under this contract are a protectable trade secret, as that term is defined in O.C.G.A. § 10-1-761, then the Bidder must follow the requirements of the ORA set forth at O.C.G.A. § 50-18-72(a) (34) and submit an a idavit declaring and specifically describing their trade secrets, including those of their subcontractor.

4. ANTI-DISCRIMINATION

Oconee County, in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, O ice of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will a irmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be a orded full opportunity to submit bids in response to this Request for Qualifications/Proposal and will not be discriminated against on the grounds of race, color, national origin, sex, handicap/disability in consideration of an award.

5. AGREEMENT

Any bid submitted shall be with the understanding that written acceptance by the County of the o er to furnish all commodities or services described in the solicitation documents shall constitute an agreement between the County and the Bidder which shall bind them to furnish and deliver the articles quoted at the prices and conditions established in the awarded bid. The County may order from such Bider, except for cause beyond reasonable control, and to pay for, at the agreed prices, all articles specified and delivered.

The Oconee County Board of Commissioners (OCBOC) may enter into contracts and agreement as provided by state law. All capital projects or agreements must be approved by the Board and may be amended with the issuance of a change order under the signature of the Chair.

No parole evidence prohibits oral modifications to the contract or allowance for past practices by the County.

An Issued change order shall be the only allowable method of contract modification.

This Agreement shall be governed in all respects by the laws of the State of Georgia. Any judicial action shall be filed in the State of Georgia, County of Oconee.

6. CONTRACT & CONTRACT DOCUMENTS

The solicitation documents and the Bidder’s response shall form part of the purchase order, and the provisions thereof shall be as binding upon the parties.

A contract may not be assigned in whole or in part without the written consent of the Finance Department.

7. CONTRACT RENEWAL (IF APPLICABLE)

This contract may be renewed up to four (4) successive, one-year periods contingent upon the appropriation of funds by the OCBOC in the annual budget for such fiscal year. The execution of documents is subject to the County’s approval. Written notice shall be given approximately sixty (60) days prior to the expiration date of each agreement period.

8. NOTICES

All notices and other communications hereunder shall be deemed to have been given when made in writing and either (a) delivered in person, (b) delivered to an agent such as a parcel delivery service or

(c) deposited in the United States mail, postage prepaid, certified or registered, addressed as follows:

To County: To Contractor:

Oconee County Finance Department Attn: Procurement O icer 7635 Macon Highway, Box 700 Watkinsville, Georgia 30677

TBD

9. NON-APPROPRIATION OF FUNDS

The Contractor acknowledges that the Finance Department cannot contract for the payment of funds not yet appropriated by the OCBOC. If a department’s funding is reduced due to an order by the OCBOC or the Governor, is required by State law, or if federal funding (when applicable) is not provided, the OCBOC may terminate this contract or proportionately reduce the services and purchase obligations and the amount due from the OCBOC upon thirty (30) days’ notice. In the event that funds are not appropriated or reduced, the OCBOC will reimburse the Contractor for products delivered or services performed before the date of cancellation or reduction and the OCBOC will not be liable for any future commitments, penalties or liquidated damages.

10. GEORGIA SECURITY & IMMIGRATION COMPLIANCE ACT

Bidders submitting a bid package in response to this solicitation must provide a completed Contractor’s A idavit to indicate compliance with the Georgia Security & Immigration Compliance Act.

A statement that indicates the Contractor will conduct itself in compliance with O.C.G.A. § 13-10-91 and Rule 300-10-.02 in the execution of this contract.

By completing the a idavit, the Bidder is attesting to the following:

The a iant has registered with and is authorized to use the federal work authorization program.

The user identification number and date of authorization for the a iant.

The a iant is using and will continue to use the federal work authorization program throughout the contract period.

Any employee, contractor, or subcontractor of the a iant shall also be required to satisfy the requirements set forth in this paragraph.

Upong contracting with a new subcontractor, the Contractor shall notify the County and shall deliver a completed Subcontractor A idavit within five (5) working days of entering into a contract of hire and before the new subcontractor begins any work.

Failure to provide the completed and notarized a idavit with the Contractor’s bid package will result in immediate disqualification as required by the Georgia Security & Immigration Compliance Act.

11. BID BONDS, PERFORMANCE & PAYMENT BONDS

If required, each Contractor must include with their bid a bid bond or certified check for five percent (5%) of the total bid amount, and a Consent of Surety form from a surety company licensed to do business in the State of Georgia. The Consent of Surety shall state that upon award of the contract, a performance and payment Bond each for one hundred percent (100%) of the total contract amount can be furnished. Payment and performance bonds are required before a Notice to Proceed can be issued.

12. TIME FOR COMPLETION & LIQUIDATED DAMAGES

The County and Contractor mutually understand and agree that the start date and completion date specified in the contract are to be one considered an essential condition of the contract; it is further mutually understood and agreed that the work defined in the contract shall commence on a date to be specified in the Notice to Proceed.

The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly agreed that the established contract time for the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality.

If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the County, then the Contractor does hereby agree, as a part consideration for the awarding of this contract, to pay to the County, not as a penalty but as liquidated damages for such breach of contract hereinafter set forth, $500 for each and every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work.

13. PROCEDURES

The extent and character of the services to be performed by the Contractor shall be subject to the general control and approval of the Department Director or his/her authorized representative(s). The Contractor shall not comply with requests and/or orders issued by anyone other than Department Director or his/her authorized representative(s) acting within their authority for the County. Any change to the Agreement must be approved in writing by the Finance Director and the Contractor.

14. DELAYS

If delay is foreseen, the Contractor shall give immediate written notice to the Department Director. The Contractor must keep the County advised at all times of the status of the project. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes Procurement to purchase services elsewhere and charge full increase in cost and handling to defaulting Contractor.

Force Majeure. Except as otherwise provided in any environmental laws, rules, regulations or ordinances applicable to the parties and the services performed under this Agreement, neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign actions, nuclear explosion, earthquake, hurricane, tornado, pandemic, or other catastrophic natural event or act of God. Either party to the Agreement must take reasonable measures and implement reasonable protections when a weather event otherwise defined as a force majeure event is forecast to be eligible to be excused from the performance otherwise required under this Contract by this provision.

15. CHANGE ORDERS OR AGREEMENT MODIFICATIONS

The County may order changes within the general scope of the contract at any time by change order or modification to the purchase order. Changes within the scope of the contract are generally initiated by the Project Manager who will submit a change order request to the Finance Department for administrative approval. Once a signed change order has been submitted to Procurement, a revised purchase order is issued and distributed. The Contractor shall comply with the change order upon receipt and will be compensated for any additional cost incurred as the result of such change order.

The Contractor shall give the County a credit for any savings. Said compensation shall be determined by mutual agreement between the County and the Contractor.

16. RETAINAGE (IF APPLICABLE)

Retainage shall be in accordance with Georgia State Law, O.C.G.A. § 13-10-80, as amended. Final payment to the Contractor by the County shall not serve to release the Contractor or his sureties from their obligation or responsibilities under or in connection with these contract documents. Acceptance by the Contractor of final payment shall be and shall operate as a release to the County of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by Contractor for all things done or furnished in connection with work under these contract documents.

Prior to Substantial Completion, progress payments will be made in an amount equal to 95% of the work completed.

17. EXEMPTION FROM TAXES

The Contractor shall not charge the County for Georgia Sales or Use Tax or Federal Excise Tax on the finished goods or services provided under this contract. However, this exemption does not apply to the Contractor and thy shall be responsible for the payment of any sales, use or excise tax they incur in providing the goods or services provided under this contract, including but not limited to, taxes on materials purchased by the Contractor for incorporation in or use on a construction project. Nothing in this section shall prohibit the Contractor from including its own sales tax expense in the contract price.

18. INVOICING & PAYMENT

Upon completion of work, the Contractor shall submit a proper invoice, in duplicate, detailing a breakdown of all charges that shall be based on completion of tasks or deliverables.

Invoices shall be submitted electronically to: financedept@oconee.ga.us

The contractor shall provide the purchase order number on the pricing form.

All such invoices will be paid in accordance with Oconee County’s fiscal policy. The preferred method of payment is electronically. Refer to the table below for payment method options.

Payment Method Terms Automatic Clearing House (ACH) 20 Days Paper Check 30 Days

Should any items be questioned, payment will be withheld pending verification of the amount claimed and the validity of the claim. The Contractor shall provide complete cooperation during any such investigation.

19. ACCEPTANCE OF FINAL PAYMENT AS RELEASE

The acceptance by the Contractor of final payment shall be and shall operate as a release to the County of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the County and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor from any obligations under this contract.

20. WARRANTY

The Contractor agrees to warrant and assume responsibility for all products (including hardware, firmware, and/or software products) that it licenses, contracts, or sells to the OCBOC under this contract for a period of one (1) year, unless otherwise specified and mutually agreed upon elsewhere in this contract. The Contractor (seller) acknowledges that all warranties granted to the buyer by the Uniform Commercial Code of the State of Georgia apply to this contract. Product liability disclaimers and/or warranty disclaimers from the seller are not applicable to this contract unless otherwise specified and mutually agreed upon elsewhere in this contract. In general, the Contractor warrants that: (1) the product will do what the salesperson said it would do, (2) the product will live up to all specific claims that the manufacturer makes in their advertisements, (3) the product will be suitable for the ordinary purposes for which such product is used, (4) the product will be suitable for any special purposes that the County has relied on the Contractor’s skill or judgment to consider when it advised the County about the product, (5) the product has been properly designed and manufactured, and (6) the product is free of significant defects or unusual problems about which the County has not been warned. Remedies available to the County include the following: The Contractor will repair or replace (at no charge to the County) the product whose nonconformance is discovered and made known to the Contractor in writing. If the repaired and/or replaced product proves to be inadequate, or fails for its essential purpose, the Contractor will refund the full amount of any payments that have been made.

Nothing in this warranty will be construed to limit any rights or remedies the OCBOC may otherwise have under this contract.

21. LIABILITY

Except as otherwise provided in this contract, Contractor shall not be liable to the County for remote or consequential damages. Except as otherwise provided in this Contract, liability to the County for any and all claims or damages arising out of this Contract shall be limited to direct damages. No limitation of Contractor liability shall apply to Contractor’s liability for loss or damage to equipment owned by the County or other property while such equipment or other property is in the sole care, custody and control of Contractor personnel. Contractor hereby expressly agrees to assume all risk of loss or damage to any such equipment or other property owned by the County in the care, custody and control of Contractor personnel. The Contractor further agrees that equipment transported by contractor personnel in a vehicle belonging to the Contractor shall be deemed to be in the sole care, custody and control of Contractor personnel. Nothing in this section shall limit Contractor’s indemnification liability arising from claims brought by any third party against the County.

22. SEVERABILITY

In the event that any provision shall be adjudged or decreed to be invalid, such ruling shall not invalidate the entire Agreement but shall pertain only to the provision in question and the remaining provisions shall continue to be valid, binding and in full force and effect.

23. SITE MAINTENANCE & SAFETY MEASURES

At all times, the Contactor shall protect existing facilities and keep all work sites free from rubbish and the accumulation of any waste materials. The Contractor shall be responsible for immediate repair of damage and for the removal of all trash at the end of each day or more frequently as may be required by the Department Director.

The Contractor shall take all necessary precautions for the safety of employees on the worksite and shall erect and properly maintain at all times, as required on job conditions and process of the work, all necessary safeguards for the protection of the workmen and public including tra ic control and warning signs.

24. MATERIALS, SERVICES & FACILITIES

It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature, and all other services and facilities of every nature whatsoever necessary to execute, complete, and deliver the work within the specified time.

No materials or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The contractor warrants that he has good title to all materials and supplies used by them in the work, free from liens, claims, or encumbrances.

Any work necessary to be performed after regular work hours, on Sundays or Legal Holidays, shall be performed without additional expense to the County.

25. BRAND OR MANUFACTURER'S REFERENCE

Any manufacturer’s brand defined in the solicitation specifications meets the County’s product and support need. The manufacturer’s reference is not intended to be restrictive, but descriptive of the type and quality the County desires to purchase. Bids for similar manufactured products of like quality will be considered if the bid is fully noted with the manufacturer’s brand name and model unless “No

Substitutions” has been noted in the bid documents. The County reserves the right to determine products and support of equal value.

26. QUALITY

All materials used for the manufacture or construction of any supplies, materials, vehicles, or equipment covered by this bid shall be new (unless otherwise specified), the latest model, of the best quality, and highest-grade workmanship. Vehicles and/or equipment shall be equipped with such necessary equipment complying with the Georgia State Law but not including licensing. In addition, materials must comply with all applicable Federal and State OSHA requirements in e ect at the time of bid.

27. DELIVERY

Orders must be shipped directly to the ordering department at the specified address. Shipments must be made in accordance with the item(s) as described and priced in this order. In addition, orders must be shipped F.O.B. Destination, Freight Prepaid, unless other shipping instructions are described in this order.

Responsibility and liability for loss or damage will remain with the Contractor until final inspection and acceptance when responsibility will pass to the State except as to latent defects, fraud and Contractor's warranty obligations.

28. WORKMANSHIP

All work under this Agreement shall be performed in a skillful and workmanlike manner. The Contractor and its employees shall be professional and courteous at all times. The County may, in writing, require the Contractor to remove any employee from work for reasonable cause, as determined by the County.

29. INSPECTION & SUPERVISION

The work under this contract shall be done in accordance with the laws of the State of Georgia and under the direct supervision and to the entire satisfaction of Oconee County, Ga. Further, the County may, from time to time, make inspections of the work performed under the Agreement. Any inspection by the County does not relieve the Contractor of any responsibility in meeting the Agreement requirements. The decision of the Project Manager, upon any question connected with the execution of the work under this contract, and interpretation of the specifications or upon failure or delay of the work by the contractor, shall be final and conclusive.

30. CORRECTION OF WORK

All work & materials, whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the County. The County shall be the final judge of the quality and suitability of the work, materials, processes of manufacture, and methods of construction fail to meet their approval, they shall be forthwith reconstructed, made good, replaced and/or corrected, as the Contractor may be, by his own expense.

Rejected material shall immediately be removed from the site. If, in the opinion of the County, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the contract documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the County shall be equitable.

31. OWNERSHIP

Oconee County is the owner of all work and related documentation done on behalf of the County unless otherwise agreed to in writing. All work and related documentation shall be promptly turned over to the County upon request. This requirement shall survive the termination of the agreement between the parties, and is enforceable by injunction action, if necessary, in which case the Contractor shall be liable for the County’s actual legal fees and cost.

32. AGREEMENT DISPUTES

The Contractor shall give written notice to the Finance Director of intent to file a claim for money or other relief within ten (10) calendar days of the occurrence-giving rise to the claim or at the beginning of the work upon which the claim is to be based, whichever is earlier.

The claim, with supporting documentation, shall be submitted to the Finance Director by US Mail, courier, or overnight delivery service, no later than sixty (60) days after final payment. The Contractor shall submit its invoice for final payment within thirty (30) days after completion or delivery of the services. If the claim is not disposed of by agreement, the Finance Director shall reduce their decision to written and mail or otherwise forward a copy thereof to the Contractor within thirty (30) days of the County’s receipt of the claim.

The Finance Director’s decision shall be final unless the Contractor appeals within thirty (30) days by submitting a written letter of appeal to the Finance Director or designated representative. The Finance Director shall render a decision within sixty (60) days of receipt of the appeal.

33. COMPLIANCE WITH LAWS & ELIGIBILITY

The Bidder 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, or ordinances and rules during the performance of any contract between the Bidder and the County. Any such requirement specifically set forth in any contract document between the Bidder and the County shall be supplementary to this section and not in substitution thereof. The County may choose not to accept the bid of a Bidder who is in default on the payment of taxes, licenses or other monies due to the County. Failure to respond three (3) consecutive times for any given commodity/service may result in removal from the supplier list under that commodity/service.

34. GENERAL CONTRACTOR’S LICENSE (IF APPLICABLE)

Licensed General Contractors shall furnish to the County, personally or through their authorized agent specifically designated to act on their behalf in a sworn written document, their general contractor license number and the identity of any business organization for which such Bidder is serving as qualifying agent that is undertaking or contracting as a general contractor to construct or manage the construction.

Any subcontractors chosen by the Bidder shall be qualified and licensed Contractors, with the exception of “specialty contractors” under Chapter 14 of Title 43.

35. INDEMNIFICATION

It is understood that in the event of contractor negligence, Oconee County is protected against third-party claims. The Contractor is required to provide legal counsel to protect the County and pay all damages arising from its negligent act.

The Contractor guarantees to hold the County, its agents, o icers or employees harmless from liability of any nature or kind for use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used in the performance of the contract, for which the Contractor is not the patentee, assignee or licensee.

36. SUBCONTRACTORS

Bidders shall include a list of all subcontractors with their bid. The County reserves the right to reject the successful Bidder’s selection of subcontractors for good cause. If a subcontractor is rejected, the Contractor may replace that subcontractor with another subcontractor subject to the approval of the County. Any such replacement shall be at no additional expense to the County, nor shall it result in an extension of time without the County’s approval.

37. CONTRACTOR’S & SUBCONTRACTOR’S INSURANCE

The Contractor shall not commence work under this contract until they have obtained all the insurance required under this paragraph and such insurance has been approved by the County, nor shall the Contractor allow any subcontractor to commence work on their subcontract until the insurance required of the subcontractor has been obtained and approved.

The Contractor shall incorporate a copy of the insurance requirements as herein provided in all subcontracts with all subcontractors and shall require all subcontractors to comply with all such requirements.