RFP 25_26 Wrecker Services _ Annual Contract.pdf

RFP # 25-26, Wrecker Services – Annual Contract Page 1 of 41

*The posting of additional addenda may be required and it is the responsibility of the Proposer to ensure that they review the County’s website for any additional addenda, and that they submit acknowledgement of all applicable addenda (on the included form) with their solicitation. Proposers should not expect to be individually notified by Henry County.

Henry County

Purchasing Department 140 Henry Parkway, McDonough, GA 30253

Phone: 770-288-6027 Fax: 770-288-6047

Website: henrycounty-ga.com/purchasing

REQUEST FOR PROPOSAL

Sealed Envelope shall be marked with the following information:

RFP # 25-26

Wrecker Services – Annual Contract Due Date and Time: December 3, 2024, 3:00 PM

SCHEDULE OF EVENTS FOR

RFP # 25-26

Non-Mandatory Pre-Proposal Conference and site visit

None

Deadline for requests for clarifications and questions. Any possible exceptions to the bid specifications and/or terms and conditions should be addressed during this phase. These requests will be answered in an addendum and must be emailed to: purchasing@co.henry.ga.us

3:00 PM

November 19, 2024

*Deadline for first addendum, if required, posted on the Henry County website:

henrycounty-ga.com/purchasing

3:00 PM

November 26, 2024

Sealed proposals will be accepted until the due date and time. Any late submittals received will not be considered. Submittals are to be delivered to Henry County Purchasing Department, 140 Henry Parkway, McDonough, GA 30253.

3:00 PM

December 3, 2024

THIS FORM MUST BE SIGNED AND SUBMITTED TO BE CONSIDERED FOR AWARD

COMPANY NAME: DATE:

MAILING ADDRESS: PHONE:

CITY: FAX:

STATE: ZIP: SSN OR FEDERAL TAX ID:

EMAIL: TITLE OF AUTHORIZED REPRESENTATIVE:

PRINTED NAME: AUTHORIZED SIGNATURE:

mailto:purchasing@co.henry.ga.us

RFP # 25-26, Wrecker Services – Annual Contract Page 2 of 41

RFP # 25-26

Wrecker Services – Annual Contract

Due Date and Time: December 3, 2024, 3:00 PM

TABLE OF CONTENTS Page

SECTION I – GENERAL OVERVIEW

A - BACKGROUND 3

B - IMPORATANT- A RESTRICTION OF COMMUNICATION 3

C - GENERAL INSTRUCTIONS, TERMS, AND CONDITIONS 3 - 12

D - APPENDIX A: CONTRACT COMPLIANCE REQUIREMENTS 13

SECTION II – SPECIFICATIONS

A - SCOPE 14-20

B - INSURANCE REQUIREMENTS 20-21

C - CONTRACT TERMS 21-22

SECTION III – PROPOSAL FORMAT

A - TECHNICAL PROPOSAL FORMAT 23

B – COST PROPOSAL FORMAT 24

C – WRECKER SERVICES AGREEMENT 24

D – SELECTION METHOD 24

SECTION IV – EVALUATION AND SELECTION CRITERIA 25

SECTION V – FORMS

CERTIFICATION FORM 26

STANDARD CONTRACT 27

BID AUTHORIZATION AFFIDAVIT 28

NON-CONFLICT OF INTEREST 29

GA SECURITY & IMMIGRATION COMPLIANCE AFFIDAVIT 30

SUPPLIER INCLUSION 31

LIST OF SUBCONTRACTORS 32

COVENANT OF NON-DISCRIMINATION FORM 33

DESCRIPTION OF GOOD FAITH EFFORTS 34

EXHIBIT A – SERVICE AREA MAP 35

COST PROPOSAL 36-39

RFP CHECKLIST 40

SECTION VI – REQUEST FOR PROPOSAL LABEL 41

RFP # 25-26, Wrecker Services – Annual Contract Page 3 of 41

SECTION I - GENERAL OVERVIEW

A. BACKGROUND

The Henry County Board of Commissioners is soliciting proposals from qualified Contractors for wrecker related services on an “as-needed” basis for the North and South areas of Henry County. This contract will exclude Interstate I-75, and the on and off ramps of Interstate of I-75. All respondents must be lawfully engaged in providing towing and wrecking services in the State of Georgia. The selected service providers will be called upon for towing services initiated in the course of County business by Henry County employees and officers.

B. IMPORTANT- A RESTRICTION OF COMMUNICATION IS IN EFFECT FOR THIS

PROJECT.

Henry County has adopted an 8.5% Disadvantaged Business Enterprise (DBE) participation in this project. This goal is not to be considered as a fixed quota, set aside or preference. The DBE goal can be met by prime contracting, sub-contracting, joint-venture or mentor/ protégé relationship.

Henry County will monitor and assess each consultant services submittals for their DBE participation and/or good faith effort in promoting equity and opportunity in accordance with the Henry County Board of Commissioners § Sec 2-2-33 Henry County, GA Code of Ordinances. Disadvantaged Business Enterprise (DBE) Program.

C. GENERAL INSTRUCTIONS, TERMS, AND CONDITIONS

1. Proposals Submission

a. These instructions will bind proposers to terms and conditions herein set forth, except as specifically stated otherwise in special contract terms with any individual proposal. These instructions are to be considered an integral part of the proposal.

b. Proposals may be submitted by mail, common carrier or delivered in person. Fax or electronic proposals are not acceptable. It shall be the duty of each proposer to ensure that their proposal is delivered within the time and at the place prescribed in this document. Proposals received prior to the time fixed in this proposal document will be securely kept unopened. A date/time stamp will be affixed to the envelope/package immediately upon its arrival to the Purchasing Department.

Any proposal received at the office designated in this document after the exact time and date specified, will not be considered. If a late proposal is received via carrier, it will be marked “late proposal” and will not be opened. If a late proposal is hand delivered, it will be returned unopened to the presenter.

c. At the date and time specified for the opening of the proposal, the proposal shall be publicly opened and read aloud for the information of proposers and others present.

d. The proposal must be submitted in a sealed envelope/parcel on or before the date and time stated in this document and is to be mailed or delivered to:

Henry County Purchasing Department 140 Henry Parkway

McDonough, Georgia 30253

RFP # 25-26

Wrecker Services – Annual Contract

e. The Submittal Checklist must be reviewed and the Proposer is to comply with the order of the submittal of documents. This document along with the cover page (page 1) is to be included with

RFP # 25-26, Wrecker Services – Annual Contract Page 4 of 41 the proposal.

f. The following items are to be submitted:

• One (1) unbound clearly marked “Original,” of the proposal documents

• Six (6) bound complete copies (not to exceed a 1/2” capacity ring binder) identical to the original proposal documents, and

• One (1) digital copy in PDF format on a USB flash drive identical to the original proposal documents. The USB flash drive should be labeled with the RFP number and proposer’s name.

• If required – One (1) original “Cost Proposal.” The Cost Proposal is to be submitted in a separate sealed envelope and marked “Cost Proposal.”

g. All proposals must be manually signed and filled out legibly (typewritten or printed in ink) with all changes or corrections initialed by the person signing the proposal.

h. If descriptive literature is attached to the proposal, your firm’s name must be on all sheets submitted.

i. Each proposal submitted shall be deemed to have been made with full knowledge of all terms, conditions, and requirements contained in this Proposal request. The failure or omission of any proposer to examine any form, instrument or document shall in no way relieve any proposer from obligations in respect to the proposal submittal or the compliance of the terms, conditions and requirements of the proposal.

j. Individual contractors shall provide their Social Security number and proprietorships; partnerships and corporations shall provide their Federal Employer Identification number on page one of this proposal documents and provide a completed W9 form to be submitted with the proposal.

k. The authorized representative whose signature will appear on the proposal submitted certifies that the Proposer has carefully examined the instructions of this proposal and the terms and specifications applicable to and made a part of this proposal. The Proposer further certifies that the prices shown on the Proposal Price Submittal Form is in accordance with the conditions, terms and specifications of the proposal and that any exception taken thereto may disqualify the proposal.

l. Any documentation submitted with or in support of a proposal or proposal shall become subject to public inspection under the Georgia Open Records Act. Labeling such information “Confidential”, “Proprietary”, or in any other manner shall not protect this material from public inspection upon request. All records become subject to public inspection only after award of the contract or purchase order.

2. Preparation of Proposals

a. Negligence on the part of the proposer in preparing the proposal confers no right for withdrawal or modification in any way after the deadline for the proposal opening.

b. Unit price must be shown on the Proposal Cost Submittal Form in this document. All proposals should be tabulated, totaled and checked for accuracy. The unit price will prevail in case of errors.

c. All product, equipment, article or material must be new and unused or current production. No reconditioned or used item(s) will be accepted except as specifically requested herein. Units that are classified as prototype or discontinued models are not acceptable.

d. Samples of items, when required, must be submitted within the time specified and unless otherwise specified by the County, at no expense to the County. Unless otherwise specified, samples will be returned at the proposer’s request and expense if items are not destroyed by testing.

e. Full identification of each item proposal upon, including brand name, model, catalog number, etc., must be furnished to identify exactly what the proposer is offering. Whenever an article or material is defined by describing a proprietary product or by using the name of a manufacturer, the term “or equal” if not inserted shall be implied. The specified article or material shall be understood as indicating the type, function, minimum standard of design, efficiency and quality desired and shall not be construed as to exclude other manufactured products of comparable quality, design and efficiency. In the event that any equivalent version is proposed, prospective proposers are herewith

RFP # 25-26, Wrecker Services – Annual Contract Page 5 of 41 advised that precise, adequate, and documented evidence of equivalency in performance, stability, and operational efficiency should be submitted with the proposal for further consideration. Final determination of equivalency will be determined by Henry County.

3. Clarification and Communication to County Concerning Proposal

a. From time to time, the Purchasing Department may have to release written changes to a solicitation. These formal written changes are called addendum or if multiple, Addenda. It is the responsibility of the Proposer to ensure that they have all applicable addenda prior to the proposal submission. Therefore, we encourage all Proposers to frequently review the County’s website: henrycounty-ga.com/purchasing

All addenda forms must be signed and submitted with the proposal. Failure to respond and acknowledge any addenda, even after the proposal opening, shall result in a non-responsive proposal.

b. The successful firm’s proposal and all addenda will become a part of the agreement resulting from this document.

c. Proposers seeking an award of a Henry County contract shall not initiate or continue any verbal or written communication regarding a solicitation with any County officer, elected official, employee or other County representative without permission of the Purchasing Department between the date of the issuance of the solicitation and the date of the final contract award by the Board of Commissioners. Violations will be reviewed by the Purchasing Director. If determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business shall be disqualified from consideration for award. EXCEPTION to the above would be emailing request for clarification and/or questions to the Purchasing Department – purchasing@co.henry.ga.us. (These requests will be answered in an addendum.

Please see schedule of events.)

4. Pre-Proposal Conference

The Pre-Proposal Conference or any other information session (if indicated in the schedule of events) will be held at the offices referred to in the “Schedule of Events” of this RFP. Unless indicated otherwise, attendance is not mandatory; although suppliers are strongly encouraged to attend. However, in the event the conference has been identified as mandatory, then a representative of the supplier must attend the conference in its entirety to be considered eligible for contract award.

5. Rejection and Withdrawal of Proposals

a. Withdrawal of Proposal due to errors, the supplier has up to forty-eight (48) hours to notify the

Purchasing Department of an obvious clerical error made in calculation of proposal in order to withdraw a proposal after proposal opening. Withdrawal of proposal for this reason must be done in writing within the forty-eight hour period.

b. The County will make a recommendation of the proposal to the Board of Commissioners within 60 days from the date of the opening, unless the successful Bidder agrees in writing to a longer period for the award.

c. The County may reject all or part of the proposal within 60 days of proposal opening.

6. Proposal and Contract Documents

a. A proposal executed by an attorney or agent on behalf of the proposer shall be accompanied by an authenticated copy of the Power of Attorney or other evidence of authority to act on behalf of the proposer.

Corporation: If the Proposer is a corporation, the proposal must be submitted in the name of the Corporation, not simply the corporation’s trade name. In addition, the proposal must be signed by an officer of the corporation.

Partnership: If the Proposer is a partnership, all partners must sign the proposal. If all the partners

RFP # 25-26, Wrecker Services – Annual Contract Page 6 of 41 do not sign the proposal, then the names of all those except limited partners must be furnished on the proposal and evidence of the authority of the signer(s) to execute the proposal on behalf of the partnership.

Limited Liability Company (LLC): If the Proposer is a limited liability company, the authorized agent having authority to bind the limited liability company must sign the bid documents.

Sole Proprietorship or Individual: If the Proposer is a sole proprietor or individual, a signature is required on all bid documents by that individual.

b. The contract documents consist of this Agreement, Specifications and Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated Agreement between the parties hereto and supersedes prior negotiations, representation or agreements, either written or oral.

c. Contract Term – The time period of the agreement, if any is formed from this RFP, will be determined after the review and evaluation of the Time Line Schedules submitted by the successful Consultant.

7. Exceptions and Omissions

Any exceptions to the specifications and/or terms and conditions must be addressed during the question/clarification and addendum phases.

8. Alterations of Solicitation and Associated Documents Alterations of County documents are strictly prohibited and will result in automatic disqualification of the proposer’s solicitation response.

9. Cost Incurred by Vendors

All expenses involved with the preparation and submission of the RFP to the Henry County Board of Commissioners, or any work performed in connection therewith is the responsibility of the vendor(s).

10. Codes, Permits, Fees, Licenses and Law

a. All permits, fees, arrangements for inspections, licenses, and costs incurred for the same shall be the sole responsibility of the successful Proposer. All materials, labor and construction must comply with all applicable rules and regulations of local, state and/or national codes, laws and ordinances of all authorities having jurisdiction over the project, shall apply to the contract throughout and will be deemed to be included in the contract the same as though herein written out in full.

b. Effective July 1, 2008: All General Contractors must have a current valid license from the State Licensing Board for Residential and General Contractors, unless specifically exempted from holding such license pursuant to Georgia law, O.C.G.A. Section 43-41-17.

c. State Law regarding Worker Verification requires that all who enter into a contract for the physical performance of services with the County must satisfy O.C.G.A. §13-10-91 and Rule 300-10-1-.02, in all manner, and such are conditions of the contract. By submitting a proposal to the County contractor agrees that in the event the contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the contractor will secure from the subcontractor(s) such subcontractor(s) indication of the employee-number category applicable to the subcontractor, as well as attestation(s) from such subcontractor(s) that they are in compliance. Such attestation(s) shall be maintained and may be inspected by the County at any time. An affidavit of such compliance included with the proposal, must be signed by the contractor, and will become part of the contract.

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11. Safety All vendors and subcontractors performing services are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this Contract.

12. Design, Standards and Practices

Design, strength, quality of materials and workmanship must conform to the industry acceptable standards of engineering practices and/or professional services.

13. Statement of Warranty

A Statement of Warranty should include all applicable manufacturers’ warranty and the Contractor’s warranty in regards to equipment, materials and workmanship. This statement shall include the terms, conditions and the period of warranty coverage. Any exclusion(s) must be clearly stated.

14. Non-collusion By submitting a proposal in response to this solicitation, the proposer represents that in the preparation and submission of this proposal, said Proposer did not either directly or indirectly, enter into any combination or arrangement with any person, Proposer, Corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section I or Section 59.1-9.1 through 59.1-9.17 or Sections

59.1 – 68.6 through 59.68.8). Collusion and fraud in proposal preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

15. Nondiscrimination

Notwithstanding any other provision of this Agreement, during the performance of this Agreement Contractor, for itself, its heirs, personal representatives, successors in interest and assigns, as part of the consideration of this Agreement does hereby covenant and agree, as a covenant running with the land, that:

a. No person on the grounds of race, color, religion, sex or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination;

b. In the production of the vehicle(s), and the furnishing of services therein or thereon, no person on the grounds of race, color, religion, sex or national origin shall be excluded from participation in, or denied the benefits of, such activities, or otherwise be subjected to discrimination.

16. Drug Free Workplace Certification

By signing the Supply Service Contract form, the Contractor certifies that the provisions of Code Sections 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the “Drug-free Workplace Act”, have been complied with in full. The undersigned further certifies that:

a. A drug-free workplace will be provided for the Contractor’s employees during performance of the contract; and

b. Each Contractor who hires a subcontractor to work in a drug-free work place shall secure from that subcontractor the following written certification:

“As part of the subcontracting agreement with (Contractor’s name), (Subcontractor’s name) certifies to the Contractor that a drug-free workplace will be provided for the subcontractor’s employees during the performance of this Contract pursuant to Paragraph (7) of Sub-section (b) of Code Section 50-24-3”.

c. The Contractor further certifies that he 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.

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d. Contractor may be suspended, terminated, or debarred if it is determined that:

(1) The Contractor has made false certification hereinabove; or

(2) The Contractor has violated such certification by failure to carry out the requirements of the Official Code of Georgia Section 50-24-3.

17. Georgia Security and Immigration Compliance Act Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the successful Contractor understands and agrees that compliance with the requirements of O.C.G.A.13-10-91 and Georgia Department of Labor Rule 300-10-02 are conditions of this proposal and contract document. The Contractor further agrees that such compliance shall be attested by the Contractor and any of his Subcontractors by execution of the appropriate Affidavit and Agreement which will be included and become a part of the Agreement between Henry County and the successful Contractor.

18. Supplier Inclusion Program Small, local, veteran-owned, Disadvantaged Business Enterprise (DBE), and female-owned business enterprises are encouraged to participate in the solicitation process. Please see the Supplier Inclusion Program form for a description of each of these type businesses.

19. Delivery and F.O.B. Destination

a. All prices shall include shipping and delivery cost to our destination; F.O.B., Henry County, Georgia, unless otherwise requested. The proposer shall handle all material procurement, storage and delivery to project site. Unless otherwise specified in this specification, proposer shall supply all materials required. The County will grant no allowance for boxing, crating or delivery unless specifically provided for in this proposal. The proposer shall retain title for the risk of transportation, including the filing for loss or damages.

b. The County desires delivery of the product(s) or service(s) as specified at the earliest possible time after the date of award. Unreasonable delivery may be cause for disqualifying a proposal. Each firm shall state a definite delivery time and avoid using general terms such as "ASAP" or approximately so many days.

20. Discounts

Cash discounts for early payment (i.e. 2%-10) or Net 30 terms should be shown separately, even if terms are Net.

21. County’s Tax Exemption

Henry County is exempt from Federal Excise Tax or Georgia Sales Tax with regard to goods and services purchased directly by Henry County. Exemption certificates furnished upon request.

22. Award of Contract

a. Henry County desires to complete the award process in a timely manner. Henry County reserves the right to reject or accept any or all proposals, whole or any parts hereof, by item or group of items, by section or geographic area, or make multiple awards and be the final approval of proposal(s) selection which would be the most advantageous to the County with price and other factors considered. Henry County may elect to waive any technicalities. The proposal will be awarded to highest scored proposer(s), if awarded. The proposal specifications and results will be available on the County’s website:

henrycounty-ga.com/purchasing.

b. Henry County reserves the right to reject any proposal if the evidence submitted by or investigation of, the proposer fails to satisfy the County that the proposer is properly qualified to carry out the obligations of the Contract. If the successful proposer defaults on their proposal, an award may be made to the next low responsive and responsible proposer.

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Responsibility - The determination of the proposer’s responsibility will be made by the County based on whether the proposer meets the following minimum standard requirements:

• Maintains a physical location presence and permanent place of business.

• Has the appropriate and adequate technical experience required.

• Has adequate personnel and equipment to perform the work expeditiously

• Able to comply with the required or proposed delivery and installation schedule.

• Has a satisfactory record of performance.

• The ability of proposer to provide future maintenance and service for the use of the contract under consideration.

• Has adequate financial means to meet obligations incidental to the work.

• Such other factors as appear to be pertinent to either the proposal or the contract.

Responsiveness - The determination of the proposer’s responsiveness will be made by the County based on a consideration of whether the proposer has submitted complete proposal documents meeting proposal requirements without irregularities, excisions, special conditions, or alternatives proposals for any item unless specifically requested in the proposal solicitation.

c. Henry County is subject to making records available for disclosure after the Board of Commissioners approval of the recommendation. The award shall be made by the Board of Commissioners of Henry County unless the lowest, qualified bid is less than the Board of Commissioners’ approval limit. No claim shall be made by the selected Consultant for loss of profit if the contract is not awarded or awarded for less work than is indicated and for less than the amount of the proposal. The total of the awarded contract shall not exceed the available funds allocated for the proposal project.

23. Local Vendor Privilege

a. There is established in Henry County, a local vendor privilege. Bids or proposals awarded to local vendors contribute to the local tax base and will therefore be given special consideration when bidding against out-of-jurisdiction (out-of-county) vendors. Bids or proposals received from local vendors will be given preference if such bid or proposal is responsive and within five

(5) percent of the low bid submitted by any out-of-county bidder. In such instance, the local vendor will be given the opportunity to match the low bid offered by the out-of-county vendor. If such local vendor agrees to match the low bid received from the out-of-county vendor within the time specified by the county, the bid shall be awarded to the local vendor.

b. A local vendor shall only be eligible to receive the benefit of this privilege if it meets each of the following requirements prior to any award of a contract or purchase:

(1) The business or supplier must operate and maintain a regular place of business within the geographical boundaries of Henry County; and

(2) The business or supplier must have a current occupational tax certificate; and

(3) The business or supplier must have paid all real and personal taxes owed the county; and

(4) The business or supplier must certify its compliance with the Georgia Security and

Immigration Act.

c. This policy shall not apply to any bid or proposal for material, equipment or services in excess of one hundred thousand dollars ($100,000.00). In such cases, the bid award shall be subject to the competitive bidding requirements as otherwise provided herein or general law.

24. County Direction of Project Site and Monitoring of Work

a. The Contractor may have a Project Coordinator, but the project site shall remain under the control of Henry County. The Contractor shall provide and make available an appointee to Henry County for project coordination and supervision of Proposer installation personnel. Coordination consist of meeting with the Henry County representatives to review the project; on site walk throughout of installation area(s) before the installation begins; review installation procedures; review installation progress and to handle any problems during installation until project completion.

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b. The successful Proposer will promptly correct all work rejected by the County as faulty, defective, or failing to conform to the Minimum Specifications and/or to consensus standards adopted by both government and industry governing the repairs, whether observed before or after substantial completion of the work, and whether or not fabricated, installed, or completed. The successful Proposer will bear all costs of correcting such rejected work.

c. The Contractor shall insure all trash generated by work performed shall be removed from the site and properly disposed as each work operation is completed in a given area. Additionally, the Contractor shall ensure all disturbances to the area where the Contractor performed work are restored to the same condition prior to start of the project. If an inspection reveals that the Contractor fails to clean up after work has been performed. The County will notify the Contractor of the discrepancy and the Contractor will have twenty-four (24) hours to make the correction.

Should the Contractor still fails to clean the area, the County reserves the right to make other arrangements to have the area cleaned and the County shall deduct the cost from the Contractor’s invoice.

d. No one except authorized employees of the Contractor is allowed on the premises of Henry County facilities. Contractor employees are not to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor.

e. All information disclosed by Henry County to the successful Contractor for the purpose of the work to be done or information that comes to the attention of the successful Contractor during the course of performing such work is to be kept strictly confidential.

25. Indemnification

a. The vendor that is selected as the contractor shall, at its own expense, protect, defend (but only to the extent not prohibited by O.C.G.A. §13-8-2(c)), indemnify, save and hold harmless Henry County and its elected and appointed officers, employees, servants and agents from all claims, damages, lawsuits, costs and expenses including, but not limited to, all costs from administrative proceedings, court costs and attorney fees that Henry County and its elected and appointed officers, employees, servants and agents may incur as a result of the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in the performance of the contract.

b. The contractor’s indemnification responsibility under this section shall include the sum of damages, costs and expenses which are in excess of the sum of damages, costs and expenses which are paid out in behalf of or reimbursed to the County, its officers, employees, servants and agents by the insurance coverage obtained and/or maintained by the contractor, but only to the extent and for such claims as are permitted under O.C.G.A. §13-8-2(c).

26. Controlling Law, Venue

Any dispute arising as a result of this proposal and/or an Agreement which was created from the terms, conditions and specifications of this document or their interpretation, litigation shall only be entered into and shall be performed in Henry County, Georgia. This Agreement shall be governed by the applicable laws of the County of Henry and the State of Georgia. Any dispute arising out of the agreement, this proposal solicitation, its interpretations, or its performance shall be litigated only in the County of Henry Judicial Courts.

27. Contractor as Independent Contractor

In conducting its business hereunder, Contractor acts as an independent contractor and not as an employee or agent of County. The selection, retention, assignment, direction and payment of Contractor’s employees shall be the sole responsibility of Contractor.

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28. Assignment The Agreement, in whole or any part hereof, created by the award to the successful contractor shall not be sold, not be assigned or transferred by Contractor by process or operation of law or in any other manner whatsoever, including intra-corporate transfers or reorganizations between or among a subsidiary of Contractor, or with a business entity which is merged or consolidated with Contractor or which purchases a majority or controlling interest in the ownership or assets of Contractor without the prior written consent of Henry County.

29. Owner and Ownership of Documents

The Henry County Board of Commissioners, 140 Henry Parkway, McDonough, Georgia 30253 is the owner of the proposed work. Reports and all relevant data such as maps, diagrams, plans, designs, electronic data, statistics, specifications, and other supporting records or drawings compiled or prepared in the course of performance of the services required by this contract shall be the absolute property of the County and shall not be used by the Contractor for purposes unrelated to this contract without the prior written approval of the County. Such original documents shall be turned over to the County upon completion of the project except that Contractor shall have the right to retain copies of the same.

30. Performance of Contract

a. Henry County reserves the right to enforce the Contractor’s performance of this Agreement in any manner prescribed by law or deemed to be in the best interest of the County in the event of breach or default or resulting contract award. It will be understood that time is of the essence in the Bidder’s performance.

b. The successful Contractor shall execute the entire work described in the Contract Documents, except to the extent specifically indicated in the Contract documents to be the responsibility of others.

c. The Contractor accepts the relationship of trust and confidence established by the award of this bid solicitation. The Contractor covenants with the County to utilize the Contractor’s best skill, efforts and judgment in furthering the interest of the County; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers and materials; and to perform the work in the best way and most expeditious and economical manner consistent with the interest of the County,

d. All purchases for goods or services are subject to the availability of funds for this particular purpose.

31. Default and Termination

a. Termination by Contractor The agreement resulting from this bid shall be subject to termination by Contractor in the event of any one or more of the following events: The default by County in the performance of any of the terms, covenants or conditions of this Agreement, and the failure of County to remedy, or undertake to remedy such default, for a period of thirty (30) days after receipt of notice from Contractor to remedy the same.

b. Termination by County The agreement resulting from this bid shall be subject to termination by the County at any time in the opinion of the County; the contractor fails to carry out the contract provisions of any one or more of the following events:

(1) The default by Contractor in the performance of any of the terms, covenants or conditions of the Agreement, and the failure of Contractor to remedy, or undertake to remedy with sufficient forces and to the County’s reasonable satisfaction, the County shall provide the vendor with notice of any conditions which violate or endanger the performance of the Agreement. If after such notice the Contractor fails to remedy such conditions within thirty

(30) days to the satisfaction of the County, the County may exercise their option in writing

RFP # 25-26, Wrecker Services – Annual Contract Page 12 of 41 to terminate the Agreement without further notice to the Contractor and order the Contractor to stop work immediately and vacate the premises, to cancel ordered products and/or services with no expense to the County.

(2) Contractor files a voluntary petition in bankruptcy, including a reorganization plan, makes a general or other assignment for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the property or affairs of Contractor and such receivership is not vacated within thirty (30) days after the appointment of such receiver.

(3) Contractors’ failure to conduct services according to the approved bid specifications.

(4) Contractors’ failure to keep, perform, or observe any other term or condition of this

Agreement.

(5) Contractor’s performance of the contract is unreasonably delayed.

(6) Should the successful Bidder fail to provide the commodities or services when ordered, and in accordance with the General Terms and Conditions, specifications and any other requirements contained herein are not met, the County reserves the right to purchase commodities or services covered by this contract elsewhere if available from an alternate source.

(7) The Contractor agrees by its bid submission that the County’s decision is final and valid.

c. Force Majeure

Neither party shall be held to be in breach of the Agreement resulting from this bid, because of any failure to perform any of its obligations hereunder if said failure is due to any act of God, fire, flood, accident, strike, riot, insurrection, war, or any other cause over which that party has no control. Such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event and the obligation of the party giving such notice shall endeavor to remove or overcome such inability with all reasonable dispatch.

d. Waiver The waiver of any breach, violation or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver any subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereof.

32. Invoices Invoices and/or statements should not be faxed but originals must be mailed directly to:

Henry County Board of Commissioners Finance Department 140 Henry Parkway McDonough, GA 30253

The following information must appear on all invoices submitted:

• Name and address of successful Bidder;

• Detailed breakdown of all charges for the services or products delivered stating any applicable period of time;

• Henry County’s Purchase Order Number and Bid Package number;

• Invoices shall be based upon actual services rendered, actual work performance and/or products delivered

33. Payment

Payment shall be tendered to the successful Bidder upon acceptance and approval by the County for satisfactory compliance with the general terms, conditions and specifications of the bid; by completed services; verification of delivery of products; assurance that the product/service performs as specified and warranted; and receipt of a valid invoice.

RFP # 25-26, Wrecker Services – Annual Contract Page 13 of 41

D. APPENDIX A: CONTRACT COMPLIANCE REQUIREMENTS

PROCUREMENT

NON-DISCRIMINATION PROGRAM

Henry County has implemented a Procurement Non-discrimination benchmark to promote full and open competition in all government procurement and purchasing. Henry County has set an aspirational goal on a contract by contracts basis (subject to a contract by contract review under § Sec. 2-2-33 of the Henry County GA Code of Ordinance).

This project has a (8.5) percent subcontracting benchmark, which means the Bidder must utilize, or make a good faith effort to utilize, certified M/WBE’s. The County will use the information contained on the forms to determine the responsiveness and, for recordkeeping purposes, track the utilization of M/WBE’s. Henry County encourages firms to utilize small, minority, or woman-owned businesses whenever possible.

Sub-contractor participation is required to be submitted as part of the proposal submission by each Bidder.

Award of the contract is conditioned upon satisfaction of the M/WBE and non-discrimination requirements. If the M/WBE participation does not meet the goals, the Bidder will be required to submit evidence demonstrating that “good faith efforts” were made to meet the goal.

M/WBE’s must perform a commercially useful function, which means performance or provision of real and actual services under a contract or subcontract with Henry County. Factors such as the nature and amount of work subcontracted; whether the M/WBE’s has the skill and expertise to perform the work for which it has been certified; whether the W/WBE’s actually performs, manages or supervises the work; and whether the W/MBE’s intends to purchase commodities and/or services from a non-W/MBE and simply resell them will be considered in determining if the W/MBE is performing a commercially useful function.

This package contains the following forms that are required to submit along with their bid: DO NOT

OMIT OR LEAVE BLANK

1. Covenant of Non-Discrimination Form

2. Good Faith Efforts - Submitted evidence demonstrating that good faith efforts were made to meet the goal.

Monthly Utilization Reports are submitted on a monthly basis after the project has begun. ALL Monthly payment reports are to be submitted via email submission at purchasing@co.henry.ga.us.

Primes are required to report payments as well as NON-ACTIVITY on a MONTHLY basis. Proof of sub payments documentation MUST also be submitted via email to Procurement Agent assigned to contract at the time of payment reports. Tracking will take place on ALL subs, not just the certified firms, Letter of intent must be provided for EACH intended subcontractor on the project regardless of certification status.

By signing the bid, the Bidder is certifying that it has complied with the requirements of this Program.

Henry County also has a compelling interest in providing equal business opportunities for all persons wishing to do business with it. Therefore, the County will also monitor and track minority and women-owned business (M/WBE) availability and participation through Benchmarks.

RFP # 25-26, Wrecker Services – Annual Contract Page 14 of 41

SECTION II - SPECIFICATIONS

A. SCOPE OF SERVICES

The Henry County Board of Commissioners is soliciting proposals from qualified Contractors for wrecker related services on an “as-needed” basis for the North and South areas of Henry County. This contract will exclude Interstate I-75, and the on and off ramps of Interstate I-75. All respondents must be lawfully engaged in providing towing and wrecking services in the State of Georgia. The selected service providers will be called upon for towing services initiated in the course of County business by Henry County employees and officers.

1. Contract Period The initial Contract term shall be one (1) year from the date of execution. This Contract shall remain in effect for an initial term beginning on the Effective Date and shall terminate absolutely and without further obligation on the part of the County at the close of the fiscal year in which it is executed (the “Initial Term”) and at the close of each succeeding fiscal year for which it may be renewed for two (2) additional one (1) year terms (each a “Renewal Term” and together with the “Initial Term”, the “Term”), unless either Party provides at least thirty (30) days’ written notice of its intent not to renew to the other Party prior to the start of any Renewal Term. Not withstanding the foregoing, the Parties may agree to extend the contract for ninety (90) days or for such longer period beyond the contract expiration date as may be necessary to afford the County a continuous supply of wrecker services. Should the Contractor or the County not desire to renew the Contract, new proposals may be solicited for the purpose of establishing a new contract for wrecker services.

2. Applicable Requests for Services The terms of this Contract shall apply to all requests for wrecker services initiated by the County and its officers and employees in their official capacity, except as specified below:

a. From time to time, County officers and employees may place a call for a wrecker service as a courtesy to a member of the public. In such calls, the County representative shall inform the Contractor that it is calling in a “private tow” and the terms of this Contract will not apply.

b. This Contract will not apply to:

i. Services not initiated by the County or its representatives, including when the owner or authorized user of the vehicle calls a specific wrecker company for services, notwithstanding that County personnel may be responding to the scene.

ii. Service calls initiated by employees or officers of the Henry County Sheriff’s Department or employees of any other Constitutional Officer of Henry County.

3. Service Areas

The Contractor is assigned to the following service area: The North and South areas of Henry County.

This contract will exclude Interstate I-75, and the on and off ramps of Interstate I-75 in Henry County Georgia on the attached service area map (Refer to Exhibit A). Calls for service shall be based on the geographic location of the incident. The Contractor(s) assigned to the applicable service area shall, by default, be called first. (If more than one Contractor is assigned to a service area, the calls shall be rotated between them.) If the Contractor(s) assigned to the service area is unable to timely respond or if additional assistance is needed, the County may, in its discretion, call Contractors assigned to other service areas.

4. Responding to Calls

a. The Contractor shall maintain adequate equipment and a sufficient labor force to meet the County’s demand for services in the assigned service area(s) on a full 24-hour per day basis every day of the year.

RFP # 25-26, Wrecker Services – Annual Contract Page 15 of 41

b. Standby crews and equipment shall be arranged so as to meet emergency situations under abnormal conditions. If there is a special event being held in Henry County, such as a race at the Atlanta Motor Speedway, or an emergency event, such as serious inclement weather in Henry County, the County may require the Contractor to dispatch a wrecker to the location of the event in order to expedite response times.

c. The Contractor may maintain a maximum of two telephone numbers to be called for requesting service.

d. The Contractor shall have two-way communications between its wrecker vehicles and the Contractor's dispatching office. The Contractor shall not be allowed to transmit or receive calls on any Henry County governmental radio frequency.

e. In the event the County notifies the Contractor of a cancelled request for wrecker services, the Contractor shall be responsible for communicating with the wrecker vehicle operator of the cancellation.

f. When the Contractor is called by the County for wrecker services, the County representative requesting such services shall indicate the expected number of wrecked vehicles at the scene. Upon being contacted, the Contractor shall inform the County if it is able to respond within 30 minutes, and if additional wrecker services will be required to handle the scene in light of the Contractor’s available personnel and equipment and the size of the incident.

g. Upon informing the County that it will acknowledge the call for service, the Contractor shall arrive at the scene within 30 minutes of the call. If the Contractor has acknowledged a call but then determines that it is unable to timely respond to a call within 30 minutes, the Contractor shall notify the County immediately. The County may then instruct the Contractor to continue proceeding to the scene, or may advise the Contractor that the County will call a substitute wrecker service, in which case the Contractor shall cancel its service call (and in which case, the Contractor shall receive no fee).

h. If the Contractor that has stated an inability to respond to a call in the required time then arrives on the scene subsequent to the above-referenced communication, the Contractor may be directed to leave the scene without payment for services.

i. The Contractor is prohibited from calling its own back-up wrecker.

j. The Contractor must continuously provide acceptable response times for arrival on the scene of an incident. Absent extenuating and unusual circumstances outside the control of the service and its employees, the Contractor must arrive on-scene within 30 minutes of receiving each service call.

5. On-Scene Conduct

a. It will be the responsibility of the Contractor to ensure that all safety equipment, such as chains or cables and tow-away lighting, are used in accordance with state and federal laws, guidelines and regulations, as well as the manufacturer's requirements, and as designed for the safe and legal operation of recovery vehicles.

b. The Contractor is responsible for ensuring that the scene is cleared of any hazards before departing.

For example, the Contractor must clear and haul away any vehicle debris at the scene prior to departing the scene. The Contractor must also clean up any substantial spills from the vehicle, including oil, antifreeze and other vehicle component fluids, as well as any fluids or objects being transported by the vehicle.

c. The Contractor shall deliver, at…