RFP Fire Training Center _ Site Improvements.docx

REQUEST FOR QUALIFICATIONS

P O BOX 40, 201PARK AVENUE

FRANKLIN, GEORGIA 30217

Phone: 706-675-3821

Issue Date February 14, 2024

Proposal Closing Date March 13, 2024

Proposal Closing Time 2:00 PM

Commodity Fire Training Center – Site Improvements

REQUEST FOR QUALIFICATIONS

The Heard County Board of Commissioners requests statements of qualifications from Qualified Vendors to provide construction services for the Fire Training Center – Site Improvements. The Contractor must have current Georgia Contractor’s License. The Contractor shall show qualifications to provide all materials and services necessary in the performance of this scope of work.

Statements of Qualifications will be received by the Heard County Board of Commissioners, Purchasing Department, 201 Park Avenue, Franklin, Georgia 30217 until 2:00 p.m. local time on March 13, 2024. Late proposals will not be considered nor returned. Proposals will be formally accepted and acknowledged at the County Administration Building by staff personnel.

The Request for Qualification documents will be available for inspection at Heard County Purchasing Department, 201 Park Avenue, Franklin, Georgia 30217, Phone 706-675-3821.

Proposals may not be withdrawn for ninety (90) days after the time and date set for closing, except as allowed by O.C.G.A. Heard County reserves the right to reject any and all proposals and to waive any technicalities.

RFP DOCUMENTS ARE AVAILABLE AT THE HEARD COUNTY, GEORGIA WEBSITE: www.heardcountyga.com

1.0 INTRODUCTION

1.1 Purpose of Procurement

The Heard County Board of Commissioners requests Statements of Qualifications from vendors to provide construction services for the Fire Training Center – Site Improvements.

1.2 Proposal Certification

The Owner shall have the right to waive any informality, irregularity, or insufficiency in the proposal procedure and in any proposal or proposals received and to accept the statement of qualifications which, in the Owner’s sole judgment, is in the Owner’s own best interests. The Owner shall have the right to accept any statement of qualifications.

1.3 Schedule of Events

This Request for Qualifications shall be governed by the following schedule:

1.4 Restrictions on Communications

From the issue date of this RFQ until a contractor is selected and the award is announced, contractors are not allowed to communicate for any reason with any County staff or elected officials except: 1) through the Purchasing Director named herein, 2) at the Pre-Proposal Conference or 3) as provided by existing work agreement(s). The County reserves the right to reject the submittal of any proposer violating this provision.

1.5 Pre-Proposal Conference

OMIT

1.6 Questions & Addenda

All questions concerning this RFQ must be submitted in writing (email is preferred but fax and mail may be used) to the Project Manager no later than 12:00 pm on March 1, 2024, local time.

The Inquiries must be directed to:

Kevin Hamby, Project Manager Heard County Board of Commissioners 201 Park Avenue Franklin, GA 30217 kevin@hambymanagement.com Phone: 706-215-1364 Fax: 706-675-2493

No response to inquiries other than written will be binding upon the County. Heard County reserves the right to issue written addenda to any inquiries that alter the scope of the Request for Qualifications. Addenda shall be posted to the county website, www.heardcounty.com no later than March 7, 2024, at 5:00 PM. A signed copy of any addenda shall accompany submitted qualifications proposals. Proposers are advised to check the website for addenda before submitting their Statements of Qualifications.

1.7 Definition of Terms

BOC – Heard County Board of Commissioners

OCGA - Official Code of Georgia Annotated (State Statute)

Proposer - Respondent to this Request for Qualifications

Contractor - The successful respondent to this Request for Qualifications, after being placed under contract with the County.

RFQ - Request for Qualifications

Documents – The Documents are defined as all Drawings, Specifications, Bulletins, RFQ, RFQ Response, Agreement Forms and Addenda issued through the selection of a contractor, including, but not limited to:

1. Appendix A Statement of Qualifications Certification

2. Appendix B E-Verify / Save Affidavit (for contractor, sub-contract, and sub-sub-contractor)

3. Appendix C Heard County BOC Contract

4. Appendix D FTC Site Plan

5. Appendix E Pricing Form

1.8 Contract Term

The contract between the County and the Contractor shall become effective upon signing and shall remain in force until completion of the project, or until notice of termination in writing is given by the other party as provided herein. Heard County reserves the right to terminate contract at any time if successful proposer fails to meet requirements stated in this statement of qualifications.

The contract shall terminate absolutely and without further obligation at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of Heard County under this contract.

1.9 Exception to RFP

Each proposal shall be deemed to agree to comply with all terms, conditions, specifications, and requirements of this RFQ. An “exception” is defined as the Proposer’s inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the RFQ. All exceptions taken must be identified and explained in writing in your proposal and must specifically reference the relevant section(s) of this RFQ. If the proposer provides an alternate solution when taking an exception to the requirement, the benefits of this alternative solution and impact, if any, on any part of the remainder of the proposer’s solution, must be explained in detail.

The County welcomes innovative suggestions and recommendations from Construction firms that will ensure a 100% successful service approach.

2.0 SCOPE OF WORK

The project consists of the Fire Training Center – Site Improvements as described in the attached documents.

3.0 MANDATORY REQUIREMENTS

This section identifies all mandatory requirements which must be present in the proposal before further consideration will be given.

3.1 Proposal Requirements

a. A transmittal letter that states the Statement of Qualifications is submitted in response ‘to RFQ “ Construction Services for the Fire Training Center – Site Improvements”. Letter must be signed by a person authorized to enter into a contractual agreement on behalf of the submitting firm. Name, title, email address and phone number shall be included for a contact person.

b. Qualifications Information requested in Section 4 of this RFQ.

c. Evidence of Insurance.

d. Statement of Qualifications Certification (Appendix A)

e. E-Verify / SAVE Affidavit (Appendix B)

f. Signed Addendum (if any)

g. Current Contractor’s license

4.0 QUALIFICATIONS INFORMATION

Qualifications information together shall not exceed 20 pages. Provide the following qualifications information:

a. Business location and officers of the firm (company background)

b. Letter from Surety stating your company is in good standing and Performance and Payment Bonds will be provided upon award.

c. Business Litigation

i. Disclose any involvement by the organization or any officer or principal in any material business litigation within the last five (5) years. The disclosure will include an explanation, as well as the current status and/or disposition.

d. Resumes of key personnel proposed to participate in the project including education background and employment history.

e. A complete list of all relevant work performed for public entities within the last three (3) years, including contact names and telephone numbers. Relevant work shall include similar site improvements.

f. As the above items are to be considered in selection of the Contractor, submission of this information shall be binding on the Contractor and shall not be changed without agreement in writing from the Owner.

5.0 PROPOSAL SUBMISSION AND EVALUATION

5.1 Process for Submitting Qualifications

5.1.1 Preparation of Qualifications

Each proposal should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation. If supplemental materials are a necessary part of the technical proposal, the Contractor should reference these materials in the technical proposal, identifying the document(s) and citing the appropriate section and page(s) to be reviewed.

5.1.2 Packaging of Statements of Qualifications

Mark the outside of the shipping package as follows:

RFQ – Fire Training Center – Site Improvements

Failure to properly label the OUTSIDE of the shipping container may result in disqualification.

Inside the shipping container, the proposal in response to this RFQ must be appropriately labeled and in a sealed package - Qualifications Proposal. The package shall be labeled with the submitting firm’s name.

1. The contents of the sealed, inner package labeled “Statement of Qualifications” will include an original and Thrree (3) copies of each of the following:

· Transmittal letter referenced under Section 3.1 of this RFQ

· Statement of Qualifications Certification (Appendix A)

· E-Verify / SAVE Affidavit (Appendix B)

· All qualifications information referenced under Section 4 of this RFP

· Proof of Insurance

· Signed Addendum (if any)

· Copy of current business license

Do not include price information in the Statement of Qualifications

5.1.3 Submission of Proposals

Proposals will be received by Heard County until 2:00 PM on March 13, 2024. The original and Three (3) copies must be mailed, hand-delivered, or express mailed to:

Kevin Hamby, Project Manager Heard County Board of Commissioners 201 Park Avenue Franklin, GA 30217

Any submission received after the due date and time will not be evaluated.

NOTE: Many express mail services do not guarantee overnight delivery times to the County. Any proposal received after 2:00 PM on March 13, 2024 will not be opened.

5.2 Evaluation Process

The evaluation of proposals received on or before the due date and time will be conducted as follows:

5.2.1 Administrative Review

The proposals will be reviewed by the Purchasing Director for the following administrative requirements:

1. Submitted by deadline

2. Separately sealed Qualifications Proposal and Pricing Proposal

3. All required documents have been submitted

4. All documents requiring an original signature have been signed and are included

5.2.2 Mandatory Requirements Review

Proposals which pass the administrative review will be reviewed to ensure all Mandatory Requirements identified in Section 3.0 are addressed satisfactorily.

5.2.3 Qualifications Proposal Evaluation

Proposals which pass the Mandatory Requirements Review will then be evaluated based on the qualification factors. Qualifications information will be scored as follows and may receive a maximum of one hundred (100) points.

Total Points 100

5.2.4 Pricing Proposal Evaluation

Based on all the information provided in the pricing proposal points will be awarded accordingly.

5.2.5 Oral Presentations

Heard County reserves the right to invite proponents to present their qualifications.

5.2.6 Selection of Proposal

Upon completion of the evaluation process, the Heard County BOC will select the proposal that is in the best interest of the Heard County.

5.3 Rejection of Proposals/Cancellation of RFQ

Heard County reserves the right to reject any or all submissions, to waive any irregularity or informality in a submission, and to accept or reject any item or combination of items, when to do so would be to the advantage of Heard County. It is also within the right of Heard County to reject submissions that do not contain all elements and information requested in this document. Heard County reserves the right to cancel this RFP at any time. Heard County will not be liable for any cost/losses incurred by the proponents throughout this process.

6.0 TERMS AND CONDITIONS

6.1 RFP Amendments

Heard County reserves the right to amend this RFP prior to the proposal due date. All addenda and additional information will be posted to the Heard County website, www.heardcounty ga.com prior to 5:00 PM on March 7, 2024. It is the Proponent’s responsibility to check the website for addenda before submitting a Proposal. All signed addenda shall be included in the Qualifications Proposal.

6.2 Agreement and Project Forms

The Agreement form shall be the Owner’s agreement form. The Owner’s payment, waiver of lien and change order form(s) shall be used.

6.3 Proposal Withdrawal

A submitted proposal may be withdrawn prior to the due date by a signed written request to the Project Manager.

6.4 Cost for Preparing Proposals

The cost for developing the proposal is the sole responsibility of the Proponent. Heard County will not provide reimbursement for such costs.

6.5 Conflict of Interest

If a Proponent has any existing client relationship that involves Heard County, the Proponent must disclose each relationship.

6.6 Selection

Heard County reserves the exclusive right to determine which Proponent should be awarded the Contract. Heard County so reserves the right to reject any or all proposals at its discretion with or without cause.

6.7 Negotiations with Apparent Winner

Prior to award, the apparent winning Proponent will be required to enter into discussions with Heard County to resolve any contractual differences. These discussions are to be finalized within one (1) week of notification unless extending the time period is advantageous to Heard County. Failure to resolve differences will lead to rejection of the proposal.

Heard County reserves the right to negotiate modifications and costs with the successful Proponent provided that no such modifications affect the evaluation criteria set forth herein.

The Contractor shall commence work only after the transmittal of a fully executed contract and Notice to Proceed from Heard County.

6.8 Taxes

Heard County is exempt from taxes; however the Contractor shall pay all taxes required by law. Heard County cannot exempt others from tax.

6.9 Compliance with Laws

Heard County will comply with all State and Federal laws, rules, and regulations.

6.10 Cancellation for Cause

If either party shall refuse, fail, or be unable to perform or observe any of the terms or conditions of the contract for any reason, then the party claiming such failure shall give the other party a written notice of such breach. If, within thirty (30) days from such notice, the failure has not been corrected, the injured party may cancel the contract effective thirty (30) days after notice of cancellation.

Heard County reserves the right to terminate the contract immediately in the event that the Contractor discontinues or abandons operations; is adjudged bankrupt, or is reorganized under any bankruptcy law; or fails to keep in force any required insurance policies or bonds.

Failure of the successful proponent to comply with any section or part of the contract will be considered grounds for immediate termination of the contract by Heard County without penalty to Heard County. Heard County shall pay for services rendered up to the point of termination.

Notwithstanding anything to the contrary contained in the contract between Heard County and the successful proponent, Heard County may, without prejudice to any other rights it may have, terminate the contract for convenience and without cause, by giving thirty (30) days written notice to the successful proponent.

If the termination clause is used by Heard County, the successful proponent will be paid by Heard County for all scheduled work completed satisfactorily by the successful proponent up to the termination date set forth in the written termination notice.

6.11 Condition of Materials

It is understood and agreed that materials delivered shall be new, of latest design, and in first quality condition.

6.12 Rejection of Submissions/Cancellation of Request for Proposals

Heard County reserves the right to reject any or all proposals, to waive any irregularity or informality in a proposal, and to accept or reject any item or combination of items, when to do so would be to the advantage of Heard County. It is also within the rights of Heard County to reject proposals that do not contain all elements and information requested in this document. Heard County reserves the right to cancel this Request for Proposals at any time. Heard County will not be liable for any cost/losses incurred by the proponents throughout this process.

6.13 Non-discrimination

Heard County does not discriminate on the basis of race, religion, color, sex, national origin, age, or disability.

6.14 Payment

Payment terms and invoicing requirements shall be as defined by the Agreement form. See Section 6.2 of this RFP for more information on the Agreement form.

6.15 Insurance

The proponent shall be responsible for his work and every part thereof, and for all materials, tools, equipment, appliances, and properties of any and all description used in connection with this project.

The proponent assumes all risks of direct and indirect damage or injury to the property of persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the Contract, or in connection in any way whatsoever with the contracted work.

6.16 Project Coordination

The proponent shall employ and assign only qualified and competent personnel to perform any service or task involved in this project. The proponent shall designate one such person as a Project Manager, and the Project manager shall be deemed to be the proponent’s authorized representative, who shall be authorized to receive and accept any and all communications from Heard County. Heard County shall name a Project Manager who shall be authorized to generate, receive and accept communication as an authorized representative of Heard County.

The proponent hereby agrees to replace any personnel or sub-consultant, at no cost or penalty to Heard County, if Heard County reasonably determines that the performance of any sub-consultant or personnel is unsatisfactory.

6.17 Accuracy of Work

6.21 Drug Free Workplace

By submission of a Proposal, the proponent certifies that the provisions of Code Sections 5024-1 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 Contractor further certifies that:

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

2. Each Proponent who hires a sub consultant to work in a drug-free work place shall secure from that sub consultant the following written certification:

3. As part of the subcontracting agreement with (Proponent's name), (Sub Consultant's name) certifies to the Proponent that a drug-free workplace will be provided for the sub consultant's employees during the performance of this Contract pursuant to Paragraph (7) of Sub-section (b) of Code Section 50-24-3".

4. The Proponent 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.

6.22 Assignment of Contractual Rights

It is agreed that the proponent will not assign, transfer, convey, or otherwise dispose of a contract that may result from this bid or his right, title, or interest in or to the same, or any part thereof, without written consent of Heard County.

6.23 Indemnity

To the fullest extent permitted by law, the Proponent will indemnify, defend, and hold Heard County harmless from and against any and all claims, damages, losses, and expenses, including, but not limited to, fees and charges of attorneys and court and arbitration costs, arising out of or resulting from the negligent acts, negligent omissions, willful misconduct, or reckless misconduct of the proponent or anyone for whom the proponent is responsible.

6.24 Appropriation of Funds

The initial contract and any continuation contract(s) shall terminate immediately and absolutely at any such time as there are no appropriated and otherwise unencumbered funds available to satisfy Heard County’s obligations under said contract(s).

6.25 Documents Deemed Part of Contract

All Contract Documents issued by Heard County and executed by both parties through the completion of the project shall be deemed part of the contract. No documentation or information provided by the proponent or contractor, as part of this proposal or otherwise, shall be deemed part of the contract unless and until incorporated into the contract documents issued by Heard County.

6.26 Bid Bonds, Performance Bonds & Payment Bonds

A five percent (5%) Bid Bond, a one hundred percent (100%) Performance Bond, and a one hundred percent (100%) Payment Bond shall be furnished to Heard County if stated as required in Paragraph 1.9 in the “Introduction” section of this document. Failure to submit appropriate bonding will result in automatic rejection of proposal. Bonding company must be authorized to do business in Georgia by the Georgia Insurance Commission, listed in the Department of Treasury’s publication of companies holding certificates of authority as acceptable surety on Federal bonds and as acceptable reinsuring companies, and have an A.M. Best rating.

Appendix A

PROPOSAL CERTIFICATION

Fire Training Center – Site Improvements

Date of Proposal___________________

I certify that this Proposal is submitted without prior understanding, agreement or connection with any corporation, firm or person submitting a Proposal for the same goods/services and is in all respects fair and without collusion or fraud. I understand that collusive bidding is a violation of state and Federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder.

Tax ID Number OR Social Security Number

Name & Title of Person Authorized to Sign

Title

Proposals or Bids not signed shall be declared as “Non-Responsive” and may not be considered for award

Appendix B

SAVE Affidavit and

E-Verify Affidavit

HEARD COUNTY COMMISSIONER

(Systematic Alien Verification for Entitlements) Affidavit for a Public Benefit as required by the Georgia Security and Immigration Compliance Act

By executing this affidavit under oath, as an applicant for a public benefit as referenced in the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1), I am stating the following:

_____ I am a United States citizen; or

_____ I am a legal permanent resident of the United States*; or

*Alien registration number for non-citizens issued by the Department of Homeland Security or other federal immigration agency is:______________________________________

Document for identification purposes must be provided. See list on page 2 of this document.

In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of Code Section 16-10-20 of the Official Code of Georgia.

Applying on behalf/Name of associated business

Printed Name

SUBSCRIBED AND SWORN BEFORE ME ON THIS _____ DAY OF _______________, 20_____.

Notary Public My Commission Expires:___________________

NOTE: O.C.G.A. § 50-36-1(e)(2) requires that aliens under the Federal Immigration and Nationality Act, Title 8 U.S.C., as amended, provide their alien registration number. Because legal permanent residents are included in the federal definition of “alien”, legal permanent residents must also provide their alien registration number.

[Page 1 of 2]

SECURE AND VERIFIABLE DOCUMENTS UNDER O.C.G.A. § 50-36-2

[Issued August 1, 2011 by the Office of the Attorney General, Georgia]

The following list of secure and verifiable documents, published under the authority of O.C.G.A. § 50-36-2, contains documents that are verifiable for identification purposes, and documents on this list may not necessarily be indicative of residency or immigration status.

INDICATE AND ATTACH A COPY OF THE DOCUMENT (front and back).

· United States passport or passport card

· United States military identification card

· Merchant Mariner Document or Merchant Mariner Credential issued by the United States Coast Guard

· Secure Electronic Network for Travelers Rapid Inspection (SENTRI) card

· Driver’s license issued by one of the United States, the District of Columbia, the Commonwealth of the Northern Marianas Islands, the United States Virgin Island, American Samoa, or the Swain Islands, provided that it contains a photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth, gender, height, eye color, and address to enable the identification of the bearer.

· Identification card issued by one of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Marianas Islands, the United States Virgin Island, American Samoa, or the Swain Islands, provided that it contains a photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth, gender, height, eye color, and address to enable the identification of the bearer.

· Tribal identification card issued by one of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Marianas Islands, the United States Virgin Island, American Samoa, or the Swain Islands, provided that it contains a photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth, gender, height, eye color, and address to enable the identification of the bearer.

· Passport issued by a foreign government

· Free and Secure Trade (FAST) card

· NEXUS card

· United States Permanent Resident Card or Alien Registration Receipt Card

· Employment Authorization Document that contains a photograph of the bearer.

· Certificate of Citizenship issued by the United States Department of Citizenship and Immigration Services (USCIS) [Form N-560 or Form N-561]

· Certificate of Naturalization issued by the United States Department of Citizenship and Immigration Services (USCIS) [Form N-550 or Form N-570]

[Page 2 of 2]

E-Verify Affidavit

Georgia Security & Immigration Compliance (GSIC) Act

(CONTRACTOR) E-VERIFY AFFIDAVIT AND AGREEMENT

Heard County BOC and Contractor agree that compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 of the Rules of the Georgia Department of Labor are conditions of this Agreement for the physical performance of services.

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the Heard Count y BOC has registered with and is participating in the federal work authorization program known as “E-Verify”, web address https://e-verify.uscis.gov/enroll/ operated by the United States Citizenship and Immigration Services Bureau of the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 [(IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned Contractor also verifies that he/she/it is using and will continue to use the federal work authorization program throughout the contract period.

The undersigned Contractor agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to the contract with the Heard County BOC, Contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees the Contractor will advise the Heard County BOC of the hiring of a new subcontractor and will provide Heard County BOC with a Subcontractor Affidavit attesting to the Subcontractor’s name, address, user identification number, and date of authorization to use the Federal Work Authorization Program within five (5) days of the hiring before the Subcontractor begins working on the Project. Contractor also agrees to maintain all records of such compliance for inspection by Heard County BOC at any time and to provide a copy of each such verification to the Heard County BOC at the time the subcontractor(s) is retained to perform such services.

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF __________________, 20______.

My Commission Expires:__________________________________

* As of the effective date of O.C.G.A. § 13-10-91, the applicable federal work authorization program is the “EEV / Basic Pilot Program” operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA). Authority O.C.G.A. § 13-10-91. History: Original Rule entitled “Contractor Affidavit and Agreement” adopted F. May 25, 2007; eff. June 18, 2007, as specified by the Agency.

APPENDIX C

HEARD COUNTY BOARD OF COMMISSIONERS

CONTRACT

DATE CONTRACT EXECUTED: _________ DAY OF _________________, 2021.

CONTRACTOR:

DESCRIPTION OF IMPROVEMENTS AND FACILITY:

Fire Training Center – Site Improvements

AMOUNT OF CONTRACT:

PROJECT MANAGER

Kevin Hamby

THIS AGREEMENT, made and entered into on the Date Contract Executed, specified above, by and between the Heard County Board of Commissioners, hereinafter referred to as the “Owner”, party of the first part; and the Contractor named above, hereinafter called the “Contractor”, party of the second part;

WITNESSETH THAT:

WHEREAS, the Owner desires to construct or improve the Facility described and identified above, and the Contractor desires to furnish and deliver material and to do and perform all the work and labor necessary to construct the Facility:

NOW, THEREFORE, THE PARTIES HERETO, in consideration of ONE DOLLAR ($1.00) in hand paid by the Owner to the Contractor, set forth in the Contract Documents and the sum of TBD and in consideration of the premises and of the covenants of the other as hereinafter expressed and contained, do hereby agree each with the other as follows:

The Contractor promises and agrees to furnish and deliver all the material and to do and perform all the work and labor required to be furnished and delivered, done and performed in and about the improvement or construction of the Facility described above in strict and entire conformity with the provisions of the Contract Documents as defined below.

The Contract Documents which comprise the entire agreement between the Owner and the Contractor concerning the Work consist of the following: The RFP document with associated Addenda, the Proposal, the Notice of Award, this Contract, the Letter of Credit or Performance and Payment Bonds, the Notice to Proceed, the General Conditions, the Supplemental General Conditions, the Special Conditions, the Specifications, the Plans, and any Addenda which may be issued. The terms and conditions of said Contract Documents are incorporated herein by reference and made a part hereof as though fully set forth herein. The Contract Documents are complementary, so that a recital in one is tantamount to a recital in all, and the Contractor specifically acknowledges that he has read and understands all of said Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions.

1. If, at any time after the execution of this Agreement, the Letter of Credit or the Performance Bond and Payment Bond, the Owner shall deem the Letter of Credit or the Performance Bond and Payment Bond to be unsatisfactory, or if for any such reason the Letter of Credit or the Performance Bond and Payment Bond shall become inadequate to cover the performance of the Work, as defined below, the Contractor shall at his own expense, within five (5) days after receipt of notice from the Owner to do so, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security shall have been furnished in a manner and form satisfactory to the Owner.

2. The Owner agrees and promises to pay to the Contractor for said work, when completed in accordance with the provisions of this contract, the prices set forth in the proposal, amounting approximately to the Amount of Contract stated above, subject to adjustments, if any, with payments to be made as provided in said specifications and Contract Documents.

3. The contractor shall begin work required by the Contract Documents on the start date specified by the Project Manager in the Notice To Proceed. The project shall be substantially complete within 90 calendar days following the Notice to Proceed. Substantial Completion is achieved when construction is sufficiently completed, in accordance with the Contract Documents, so that the project can be safely, conveniently and beneficially utilized for the purposes for which it is intended. Final Completion shall be within 30 days following Substantial Completion.

4. This work shall be done in accordance with the laws of the State of Georgia under the direct supervision and to the entire satisfaction of the Owner. The decision of the Owner or their authorized representatives upon any questions connected with the execution and fulfillment of this agreement or any failure or delay in the prosecution of the work by the Contractor will be final and conclusive.

5. The Contractor agrees to warrant and correct any defective or faulty work or material that may appear within (1) one year after completion of the work and receipt of final payment.

6. The Contractor shall pay the Owner the sum of $500 per day for each and every calendar day of unexcused delay in achieving Substantial Completion of the Project beyond the date set forth in the Contract Documents for Substantial Completion. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at the time of executing this Contract. When the Owner reasonably believes that Substantial Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages.

7. If the Contractor fails to achieve Final Completion of the Project within thirty (30) days of the date of Substantial Completion, the Contractor shall pay the Owner the sum of $100.00 per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing the estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing this Contract. When the Owner reasonably believes that Final Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Final Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages.

8. The Contractor shall furnish separate performance and payment bonds to the Owner. Each bond shall set forth a penal sum in an amount not less than the Contract Price. Each bond furnished by the Contractor shall incorporate by reference the terms of this Contract as fully as though they were set forth verbatim in such bonds. In the event the Contract Price is adjusted by Change Order executed by the Contractor, the penal sum of both the performance bond and the payment bond shall be deemed increased by like amount. The performance and payment bonds furnished by the Contractor shall be in form suitable to the Owner and shall be executed by a surety, or sureties, reasonably suitable to the Owner. In the discretion of Owner, Owner may accept a letter of credit under terms acceptable to Owner, instead of a performance and/or payment bond.

9. Contractor shall comply with the Equal Employment Opportunity federal and state laws, and shall not discriminate in the employment of any person based upon race, gender, color, creed or other protected classifications under federal and state law.

10. Contractor shall furnish performance and payment bonds, each in an amount equal to the contract price as security for the faithful performance and payment of all of Contractor’s obligations under the contract documents. These bonds shall remain in effect until the last day of the warranty period of one (1) year. All bonds shall be in a form approved by the County Attorney, and shall be executed by such sureties as are licensed and registered with the Georgia Secretary of State and the Georgia Insurance Commissioner. All bonds signed by an agent must be accompanied by a certified copy of the agent’s authority to act. Contractor shall provide the payment and performance bonds to Owner prior to beginning any part of the scope of the work required of Contractor under the contract. In the discretion of Owner, Owner may accept a letter of credit under terms acceptable to Owner, instead of a performance and/or payment bond.

11. Contractor shall verify its compliance with O. C. G. A. § 13-10-91, by providing an affidavit by an agent authorized to bind Contractor and which affirmatively states that the individual, firm or corporation which is contracting with Owner has registered with and is participating in the federal work authorization program [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program to verify information of newly hired employees]. Contractor will secure from each subcontractor that participates in the project, a similar verification of compliance and provide a copy of each such verification to Owner

IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three counterparts, each of which shall be deemed an original contract.*

PARTY OF THE FIRST PART

OWNER: Heard County Board of Commissioners

By:

Lee Boone, Chairman

SEAL

PARTY OF THE SECOND PART

CONTRACTOR: _________________________________________

(Printed name and title)

By:________________________________________ (Signature)

(Printer name and title)

Attest:

*In the event that the contractor is a corporation, there shall be attached to each counterpart a Corporate Certificate. Provide signature identical to that shown on the Corporate Certificate.

GENERAL CONDITIONS

ARTICLE 1

GENERAL PROVISIONS

1.1 The Contract Documents

The RFP, the Proposal, the Notice of Award, the Contract, the Letter of Credit or Performance and Payment Bonds, the Notice to Proceed, the General Conditions, the Special Conditions, the Specifications, the Plans, and any Addenda which may be issued, constitute the Contract Documents. The Contract Documents represent the entire and integrated agreement between the parties and supersede prior negotiations, representations or agreements, either written or oral. The Contract Documents may be amended or modified only by a written modification.

1.2 The Plans And Specifications

1.2.1 In case of conflict between requirements shown on the Plans and provisions of the Specifications, the Specifications shall take precedence over the Plans. Dimensions, shown in figures on the Plans, shall govern in case of any discrepancy between them and scaled dimensions.

1.2.2 The Contractor shall not take advantage of any apparent error or omission which may be found in the Plans or the Specifications, and the Project Manager shall be entitled to make such corrections therein and such interpretations thereof as he may deem necessary for the fulfillment of their intent.

1.2.3 The right is reserved for the Project Manager to make, from time to time, such alterations in the Plans as he may consider necessary to complete the Project to his satisfaction and consistent with the general intention of the Contract Documents.

1.2.4 Drawings, Specifications, as builts, and any and all other Instruments of Service prepared by the Project Manager and Design Consultant or Contractor, or both, for the Project shall become and remain the property of the Owner and shall not be utilized by the Contractor on any other project without the written permission of Owner.

1.2.5 The Contractor shall have the continuing duty to read, carefully study and compare each of the Contract Documents, the Shop Drawings and the Product Data and shall give written notice to the Project Manager of any inconsistency, ambiguity, error or omission which the Contractor may discover with respect to these documents before proceeding with the affected Work. The issuance, or the express or implied approval by the Owner or the Project Manager and Design Consultant of the Contract Documents, Shop Drawings or Product Data shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s compliance with this Contract. The Owner has requested the Project Manager and Design Consultant to only prepare documents for the Project, including the Drawings and Specification for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the Contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be reasonably complete, accurate, adequate, consistent, coordinated and sufficient for construction.

1.3 The Work

The term "Work" means the construction and services required by the Contract Documents, and includes all other labor, materials, equipment and services provided by the Contractor to fulfill the Contractor's obligations.

1.4 Intent

The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all.

ARTICLE 2

OWNER

2.1 Right To Stop The Work

If the Contractor fails to correct Work, which is not in accordance with the Contract Documents, the Owner may direct the Contractor in writing to stop the Work until the correction is made.

2.2 Right To Carry Out The Work

If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to correct such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, a Change Order shall be issued deducting the cost of correction from payments due the Contractor.

2.3 Right To Perform Construction And To Award Separate Contracts

2.3.1 The Owner reserves the right to perform construction or operations related to the project with the Owner's own forces, and to award separate contracts in connection with other portions of the project.

2.3.2 The Contractor shall coordinate and cooperate with separate contractors employed by the Owner.

2.3.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor.

ARTICLE 3

CONTRACTOR

3.1 Execution Of The Contract

Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local…