RFQ 22-25-005

RFQ No. 22-25-005 – Aggregate Chip Spreader and Spray Bar

EFFINGHAM COUNTY, GEORGIA

REQUEST FOR QUOTE

RFQ NO. 22-25-005

QUOTATION FOR: Aggregate Chip Spreader and Spray Bar

EFFINGHAM COUNTY PURCHASING AGENT DATE ISSUED: December 8, 2021

804 S. LAUREL STREET DATE DUE: January 5, 2022

SPRINGFIELD, GEORGIA 31329 TIME DUE: 11.00am (local time)

(912) 754-2159 (PHONE) DEPT. FOR: Public Works

(912) 754-8413 (FAX)

abruton@effinghamcounty.org

NOTE: Each Vendor or Contractor submitting a response to this request will be responsible for providing any or all of the items or services listed below, as described upon receipt of an Effingham County Contract for such items or service. “Effingham County is an Equal Opportunity Employer”, M/F/H, all vendors are required to be Equal Opportunity Employers M/F/H.

GENERAL INFORMATION:

The purpose of this proposal is to solicit written quotations for the purchase of a new Aggregate Chip

Spreader and Spray Bar for the Public Works Department of Effingham County Board of Commissioners.

Sealed proposals will be received at the Office of the Purchasing Agent, EFFINGHAM COUNTY

ADMINISTRATIVE COMPLEX, 804 S. LAUREL STREET, SPRINGFIELD, GEORGIA, up to

11.00am (Eastern Time) Wednesday, January 5, 2022. Please ensure the envelope is marked for the attention of the Purchasing Agent and states: Quote for “RFQ No. 22-25-005 – Aggregate Chip Spreader and Spray Bar”.

There will be NO mandatory pre-bid meeting. Instead, we request all parties interested in submitting a bid for RFQ No. 22-25-005 send an email to abruton@effinghamcounty.org by 5:00pm (Eastern Time)

Monday, December 27, 2021 stating interest in the bid.

Effingham County Board of Commissioners reserves the right to reject any and all bids or any and all bids that are non-responsive or not responsible. Additionally, Effingham County Board of Commissioners has the right to waive any technicalities or informalities. Effingham County may issue change orders altering the original scope of work to address changes or unforeseen conditions necessary for the project completion.

Effingham County Board of Commissioners also reserves the right to make minor changes or further negotiate details and terms. Once the quote is accepted and terms are set, if the vendor fails to deliver within the agreed upon time Effingham County reserves the right to accept a quote from another vendor.

Effingham County has the option of selecting more than one vendor for the services outlined in this RFQ.

1.0 BILLING/INVOICES: All invoices are to be mailed to:

Effingham County Finance Department

804 S. Laurel Street

Springfield, GA 31329

2.0 BID RECIPIENT: This bid is submitted to :

Effingham County Board of Commissioners

Attn: Purchasing Agent

804 S. Laurel Street

Springfield, GA 31329 mailto:fcharleton@effinghamcounty.org mailto:abruton@effinghamcounty.org

3.0 BIDDER’S ACKNOWLEDGEMENTS: Bidder accepts all of the terms and conditions of the

Instructions to Bidders. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

4.0 BIDDER’S REPRESENTATIONS: In submitting this Bid, Bidder represents that Bidder has examined and carefully studied the Bidding Documents and other related data identified in the Bidding

Documents.

5.0 BASIS OF BID: Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, as determined in the Purchase Order or Contract Documents.

6.0 QUESTIONS: Any questions pertaining to the bid must be made in writing and must be received at the office of the Purchasing Agent no later than 5:00 PM (Eastern Time) on Monday, December 27, 2021. No response will be given to any questions received after 5:00 PM (Eastern Time) on Monday, December 27, 2021.

Questions may be emailed to abruton@effinghamcounty.org or faxed to 912-754-8413. The response to all questions will be in the form of an addendum and will be posted on the Effingham County website www.effinghamcounty.org before 5:00 PM (Eastern Time) on Wednesday, December 29, 2021.

When submitting questions, please ensure the email/fax states: Questions for “RFQ 22-25-005 –

Aggregate Chip Spreader and Spray Bar”.

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

INTENTIONALLY LEFT BLANK

mailto:fcharleton@effinghamcounty.org http://www.effinghamcounty.org/

SCOPE AND SPECIFICATIONS

SCOPE OF WORK: The objective of the County is to purchase a Aggregate Chip Spreader and Spray

Bar for the Public Works Department of Effingham County. Because of continuous equipment research and development, we reserve the right to change these specifications. These specifications are based on existing equipment.

SPECIFICATIONS:

10’ Spread Width

1.41 cu. Yd. capacity

Auger Control Lever

Feed Gate Control Lever

Drive Wheels

Hitch Height Adjustment

Quick Attachment Receiving Hitch

Weight- 2,420 lbs.

Truck Hitch and two tailgate hooks

10-foot operator platform

Truck Hitch- 1 supplied as standard with each spreader

12” Block-Off Plates – to alter width of aggregate spread

24” Block-Off Plates – to alter width of aggregate spread

Tailgate Hooks – (2 required).

distributes aggregate to precise depths with clean cut edges open type spiral agitator to convey material to outer ends of hopper

RFQ No. 22-25-005

Purchase of Aggregate Chip Spreader and Spray Bar for Public Works

QUOTE

DESCRIPTION BID PRICE

Aggregate Chip Spreader $

Spray Bar $

Extended Warranty Options Available:

Time required for delivery after receipt of order ______________ / Days

(Award may be contingent on delivery)

Proposing Company Contact Information:

Company Name:

Billing Address:

Telephone:

Service Address:

Representative Name:

Representative Contact

Address:

E-Mail:

It is agreed by the undersigned offeror that the signature and submission of this proposal represents the vendor's acceptance of all terms, conditions and requirements of specifications and, if awarded, the proposal will become part of the contract agreement between the parties.

Signed: (manually, in ink) ____________________________________________________________

(Signature of Authorized Representative of the Company)

Name Printed: Title: Date:

The following forms must be submitted along with the quote:

COPY OF THE BUSINESSES W-9

COPY OF THE BUSINESS LICENSE

COPY OF ANY PROFESSIONAL LICENSURE ASSOCIATED WITH THE WORK TO

BE PERFORMED.

CERTIFICATE OF INSURANCE

COPY OF LLC CERTIFICATE OF ORGANIZATION AND OPERATING

AGREEMENT

COPY OF INC. CERTICATE OF INCORPORATION AND CORPORATE RESOLUTION

DESIGNATING OFFICERS WITH AUTHORITY TO SUBMIT BID

AND SIGN CONTRACT

DRUG FREE WORKPLACE CERTIFICATION (ATTACHMENT A)

PROMISE OF NON-DISCRIMNATION STATEMENT (ATTACHMENT B)

BIDDER’S CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

INELIGIBILITY AND VOLUNTARY EXCLUSION (DISCLOSURE OF

RESPONSIBILITY STATEMENT) (ATTACHMENT C)

NON-COLLUSIVE AFFIDAVIT (ATTACHMENT D )

CONTRACTOR AFFIDAVIT AND AGREEMENT (ATTACHMENT E)

SUBCONTRACTOR AFFIDAVIT AND AGREEMENT (ATTACHMENT F)

Note: Quotes not fully completed will be considered incomplete and may be rejected

EXCEPTION SHEET

If Commodity(s) and/or Service proposed in quote is in ANYWAY different from that contained in this proposal, the Bidder is responsible for clearly identifying all such differences in the space below.

Otherwise, it will be assumed that the Bidder’s offer is in total compliance with all aspects of the proposal.

Below are the only differences between my offer and the County’s proposal:

DATE SIGNATURE/TITLE

COMPANY

DOCUMENT CHECK LIST

The following documents, when marked, are contained in and made a part of this Bid Package or are required to be submitted with the Bid. It is the responsibility of the Bidder to read, complete and sign, where indicated, and return these documents with his/her bid. FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFYING THE BID.

Company Name : _____________________________________________________________________________

Authorized Signature Title

Print Name Date

THIS SHEET MUST BE INCLUDED WITH BID PACKET

REQUIRED COMPLETED ITEM DESCRIPTION

INSTRUCTIONS TO BIDDERS

REQUEST FOR QUOTE

X BID / QUOTE SUBMITTAL FORM

SURETY REQUIREMENTS (Certified check or other security of _% required with BID SUBMITTAL – BID

BOND FORM PROVIDED)

PERFORMANCE BOND- UPON AWARD OF CONTRACT (if applicable)

PAYMENT BOND- UPON AWARD OF CONTRACT (if applicable)

X CERTIFICATE OF INSURANCE (SAMPLE ATTACHED)

X W-9

LEGAL NOTICE

X CONTRACTOR AFFIDAVIT & AGREEMENT (E-VERIFY)

X SUB-CONTRACTOR AFFIDAVIT & AGREEMENT (E-VERIFY) (if applicable- before any subcontractor work is performed)

X GEORGIA PROFESSIONAL LICENCE CERTIFICATIONS

X LIST OF SUB-CONTRACTORS (if applicable)

X ATTACHMENTS

X

COPY OF LLC CERTIFICATE OF ORGANIZATION AND OPERATING AGREEMENT OR

COPY OF INC. CERTICATE OF INCORPORATION AND CORPORATE RESOLUTION

DESIGNATING OFFICERS WITH AUTHORITY TO SUBMIT BID AND SIGN CONTRACT

X RECEIPT OF ADDENDA IF ANY

INSTRUCTIONS TO BIDDERS

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

1.2 How to Prepare Bid Proposals: All bid proposals shall be submitted on the form enclosed herewith, unless otherwise prescribed, and all documents must be submitted

All bid proposals shall be typewritten or completed with pen and ink, signed by the business owner or authorized representative, with all erasures or corrections initialed and dated by the official signing the bid / proposal. All signature spaces must be signed.

Bidders are encouraged to review carefully all provisions and attachments of this document prior to submission. Each bid constitutes an offer and may not be withdrawn except as provided herein.

1.3 How to Submit Bids:

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

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

Please ensure the envelope is marked for the attention of the Purchasing Agent and states:

Quote for “RFQ No. 22-25-005 – Aggregate Chip Spreader and Spray Bar”.

Please check the County’s website www.effinghamcounty.org prior to submission for any addendum to the RFQ.

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

OR CONSIDERED.

1.4 How to Submit an Objection: Objections from Bidders to this request for quote and/or these specifications should be brought to the attention of the County Purchasing Agent in writing. The objections contemplated may pertain to form and/or substance of the request for quote documents.

Failure to object in accordance with the above procedure will constitute a waiver on the part of the business to protest this request for quote.

1.5 Failure to Bid: If a Bid is not submitted, the business should return this request for quote completing

Attachment G, stating the reason therefore, and indicate whether the business should be retained or removed from the County's Bidders list.

1.6 Errors in Bids: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting Bids. Failure to do so will be at the Bidder’s own risk. In case of error in extension of prices in the bid, the unit price will govern

1.7 Standards for Acceptance of Bid for Contract Award: The County reserves the right to reject any or all Bids and to waive any irregularities or technicalities in Bids received whenever such rejection or waiver is in the best interest of the County. The County reserves the right to reject the bid of a Bidder who has previously failed to perform properly or complete on time contracts of a http://www.effinghamcounty.org/ similar nature, or a Bid from a Bidder whom investigation shows is not in a position to perform the contract.

1.8 Confidentiality of Documents: Upon receipt of a proposal by the County the proposal shall become the property of the County without compensation to the Vendor, for disposition or usage by the

County at its discretion. Respondent names who submit proposals on this RFQ and total prices will be read aloud publicly, but the details and particulars of the proposal documents will remain confidential until final award of the contract / purchase order.

1.9 Bidder: Whenever the term "Bidder" is used it shall encompass the "person," "business,"

"contractor," "supplier," "vendor," or other party submitting a bid or proposal to Effingham County in such capacity before a contract has been entered into between such party and the County.

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

1.10 Responsible / Responsive Bidder: Responsible Bidder means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements. Responsive Bidder means a person or entity that has submitted a bid or proposal that conforms in all material respects to the requirements set forth in the request for quote.

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

1.12 Governing Law: Any contract and/or agreement and any addendums to it that result from this RFQ shall be governed by the laws of Georgia, with venue in Effingham County.

1.13 Contractor: Contractor or subcontractor means any person or business having a contract with

Effingham County. The Contractor/Vendor of construction, supplies, goods, material, equipment or services certifies that they will follow equal employment opportunity practices in connection with the awarded contract as more fully specified in the contract documents.

1.14 County: Whenever the term “County” or “Owner” is used it is to refer to the Effingham County

Board of Commissioners.

1.15 Debarred Firms and Pending Litigation: Any potential bidder/firm listed on the Federal or State of Georgia Parties Listing (barred from doing business) will not be considered for contract award.

Proposers shall disclose any record of pending criminal violations (Indictment) and/or convictions, pending lawsuits, etc., and any actions that may be a conflict of interest occurring within the past five (5) years. Any bidder/firm previously defaulting or terminating a contract with the County will not be considered.

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

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

1.16 Protection of Resident Workers: Effingham County Board of Commissioners actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the Unites States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification

Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment.

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

** All Bidders are to read and complete the E-Verify affidavit enclosed as Attachment E to be returned with response. Failure to do so may result in your solicitation response being rejected as non-responsive

1.18 Non-Collusion Affidavit: All Vendors must complete the non-collusion affidavit enclosed as

Attachment D per OCGA 36-91-21 (e).

1.19 Statement of Disclosure: All Vendors must provide a statement of disclosure which will allow the

County to evaluate possible conflicts of interest.

Interests of Public Officials.

The vendor warrants for itself and any subcontractor that no elected or appointed official or employee of Effingham County, Georgia, has any interest in their bid or the proceeds of any contract/agreement which may result thereof. In the event that an elected or appointed official or employee acquires any interest in any contract/agreement which may result from this bid, or the proceeds thereof, the vendor agrees to disclose such interest to the BOARD immediately by written notice. For breach or violation of this clause, the BOARD may annul any contract/agreement resulting from this bid without liability, terminate any contract/agreement resulting from this bid for default, or take other remedial measures. “Interest” as used herein means direct or indirect pecuniary or material benefit accruing to a county commissioner, official or employee as a result of a matter which is or which is expected to become the subject of an official action by or with the county, except for such actions which, by their terms and by the substance of their provisions, confer the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated. The term “interest” shall not include any remote interest. For purposes of this bid, a county commissioner, official or employee shall be deemed to have an interest in the affairs of: (1) his or her family; (2) any business entity in which the county commissioner, official or employee is a member, officer, director, employee, or prospective employee; and (3) any business entity as to which the stock, legal ownership, or beneficial ownership of a county commissioner, official or employee is in excess of five percent of the total stock or total legal and beneficial ownership, or which is controlled or owned directly or indirectly by the county commissioner, official or employee. Remote interest as used herein means the interest of (1) a volunteer director, officer, or employee of a nonprofit corporation; (2) a holder of less than 5 percent of the legal or beneficial ownership of the total shares of a business; (3) any person in a representative capacity, such as a receiver, trustee, or administrator. Family as used herein means the spouse, parents, children, and siblings, related by blood, marriage, or adoption, of a county official or employee.

http://www.dol.state.ga.us/spotlight/employment/rules http://www.uscis.gov/

1.20 Term of the Contract: One time lump sum.

1.21 Termination of Contract:

For Cause: County may terminate this Contract for cause or Contractor’s persistent failure to perform the work in accordance with the Contract Documents. If County terminates the Contract for cause, Contractor shall not be entitled to any further payment from the effective date of the termination which shall be stated in the termination letter sent by the County.

Without Cause: County may terminate without cause, upon seven (7) days written notice to

Contractor. In such case, Contractor shall be paid for completed and acceptable work executed in accordance with this Contract prior to the effective date of termination. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination.

For Lack of Funding: The obligation of the County for payment to the Contractor is limited to the availability of funds appropriated in the current fiscal year by the Effingham County Board of

Commissioners.

1.22 Insurance Provisions: The selected Bidder shall be required to procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Vendor's fee proposal. Contract work will not proceed unless Effingham County has in their possession, a current Certificate of Insurance. Effingham County invokes the defense of sovereign immunity. The County is not to be included as an additional insured on insurance contracts.

General Information that shall appear on a Certificate of Insurance:

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

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

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

Effingham County is contracting with).

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

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

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

Limits of Insurance:

Effective coverage shall have the following limits:

A. Commercial General Liability: Provides protection against bodily injury and property damage claims arising from operations of a contractor or tenant. Minimum limits: $300,000 bodily injury and property damage per occurrence and annual aggregate.

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

C. Business Automobile Liability: Coverage insures against liability claims arising out of the contractor’s use of automobiles. Minimum limit: $300,000 combined single limit per accident for bodily injury, property damage, and should be written on an “Any Auto” basis.

Special Requirements:

A. Claims-Made Coverage: The limits of liability shall remain the same as the occurrence basis, however, the Retroactive date shall be prior to or coincident with the date of any contract, and the Certificate of Insurance shall state the retroactive date and the coverage is claims-made.

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

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

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

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

County before services are rendered. The Vendor must ensure Certificates of Insurance are updated for the entire term of the Contract.

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

G. Lapse in Coverage: A lapse in coverage shall constitute grounds for contract termination by Effingham County Board of Commissioners.

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

1.23 Additional Coverage for Engineering, Architectural and Surveying Services; Professional

Liability: Insure errors or omission on behalf of architects, engineers, attorneys, medical professionals, and consultants. Minimum Limits: $1,000,000 per claim/occurrence. Coverage

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

1.24 Indemnification: To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless County and its officers, directors, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out or relating to the performance of the work, but only to the extent caused by any negligent or willful act or omission of Contractor, its subcontractors and suppliers, or any individual or entity directly or indirectly employed by them to perform any of the work or anyone for whose acts any of them may be liable.

The Contractor’s obligation to indemnify Effingham County under this Section shall not be limited in any way by the agreed upon contract price as shown in this Contract or by the scope and amount of insurance maintained by the Contractor.

1.25 Payments: Advance payments for work contracted as a result of this RFQ shall not be granted unless specified in writing in the contract.

Progress payments or draw for work contracted as a result of this RFQ shall not be granted unless specified in writing in the contract.

Payment of invoices resulting from work contracted as a result of this RFQ will be made within the time frame specified in the contract resulting from this RFQ.

Final payment for any work contracted as a result of this RFQ shall be made within the time frame specified in the contract resulting from this RFQ.

Notwithstanding any other payment provisions of a contract resulting from this RFQ, failure of the

Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services, may result in the withholding of full payment under a contract resulting from this RFQ unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor.

The County will immediately notify the Contractor of its intention to withhold payment of any invoice or voucher submitted for work performed under a contract resulting from this RFQ.

SAMPLE CONTRACT (page 1) Services Contract

Between

Effingham County Board of Commissioners and COMPANY NAME 804 South Laurel Street ADDRESS Springfield, GA 31329 ADDRESS

This Contract (hereinafter referred to as “Contract” or “Agreement”) is made and entered into by and between the Board of Commissioners of Effingham County, Georgia (hereinafter referred to as the "Board" and/or “County”) and COMPANY NAME (hereinafter called the "Contractor"). This Contract shall be effective and binding on the date that the last authorized signature is affixed.

WITNESSETH

WHEREAS, the Board desires to engage a qualified company as specified in BID NUMBER AND NAME; and

WHEREAS, the Contractor has represented to the Board that it is experienced, licensed and qualified to provide the services contained herein, and the Board has relied upon such representation; and

NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by and between the Board and the Contractor as follows:

ARTICLE I

TERMS AND CONDITIONS OF THIS CONTRACT

SECTION I-1 TERMS OF SERVICE.

The scope of services and the terms and conditions of performance shall be as specified in this document and in BID NUMBER AND NAME and related addenda which are hereby adopted and incorporated as if set forth fully herein.

SECTION I.2 CONTRACT.

This Contract will commence on DATE and terminate on DATE with automatic renewal options for three (3) additional one (1) year terms provided that the services to be provided, and the prices thereof, for the extension period, have been mutually agreed upon by the County and the Contractor or:

A. Unless otherwise directed by the Effingham County Board of Commissioners.

B. Unless budgeted funds are not appropriated.

OR

SECTION I.2 CONTRACT.

This Contract is one time lump sum in the amount of ________________.

SECTION I.3 REQUIREMENT FOR MANDATORY PERFORMANCE.

The words "shall", "will" and "must" may be used interchangeably in this Contract and in any case will indicate mandatory.

SECTION I-4 PERSONNEL AND EQUIPMENT.

The Contractor represents that it has secured and will secure, at its own expense, all personnel and equipment necessary to perform the services of this Contract, none of whom shall be employees of, nor have any contractual relationship with Effingham County. All of the services required hereunder will be performed by the Contractor under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under law to perform such services.

SECTION I-5 CHANGES TO THIS CONTRACT.

The County may, at any time, request changes in the Scope of Services of the Contractor to be performed hereunder.

Such changes, including any increase or decrease in term, rate, or amount of the Contractor’s compensation, as more fully described elsewhere herein, which are mutually agreed upon by and between the County and the Contractor shall be incorporated in written amendments to this Contract.

SAMPLE CONTRACT (page 2)

SECTION I-6 TERMINATION OF CONTRACT FOR CAUSE.

County may terminate this Contract for cause or Contractor’s persistent failure to perform the work in accordance with the Contract Documents. If County terminates the Contract for cause, Contractor shall not be entitled to any further payment from the effective date of the termination which shall be stated in the termination letter sent by the County.

SECTION I-7 TERMINATION OF CONTRACT WITHOUT CAUSE.

County may terminate without cause, upon seven (7) days written notice to Contractor. In such case, Contractor shall be paid for completed and acceptable work executed in accordance with this Contract prior to the effective date of termination. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination.

SECTION I-8 TERMINATION OF CONTRACT FOR LACK OF FUNDING.

The obligation of the County for payment to the Contractor is limited to the availability of funds appropriated in the current fiscal year by the Effingham County Board of Commissioners.

SECTION I-9 INDEMNIFICATION.

To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless County and its officers, directors, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out or relating to the performance of the work, but only to the extent caused by any negligent or willful act or omission of Contractor, its subcontractors and suppliers, or any individual or entity directly or indirectly employed by them to perform any of the work or anyone for whose acts any of them may be liable.

The Contractor’s obligation to indemnify Effingham County under this Section shall not be limited in any way by the agreed upon contract price as shown in this Contract or by the scope and amount of insurance maintained by the Contractor.

SECTION I-10 COVENANT AGAINST CONTINGENT FEES.

The Contractor shall comply with the relevant requirements of all Federal, State, County or other local laws. The Contractor warrants this it has not employed or retained any company, person, other than a bona fide employee working solely for the Contractor, for any fee, commission, percentage, brokerage fee, gifts, or any consideration, contingent upon or resulting from the award or making of this contract.

For breach or violation of this warranty, the Board shall have the right to annul this Contract without liability or in its discretion to deduct from the Contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

SECTION I-11 PROHIBITED INTERESTS.

A. Conflict of Interest. The Contractor and its subcontractors warrant that they presently have no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. The Contractor further agrees that, in the performance of the Contract no person having such interest shall be employed.

B. Statement of disclosure: Contractor must provide a statement of disclosure which will allow the County to evaluate possible conflicts of interest.

Interests of Public Officials.

Contractor warrants for itself and any subcontractor that no elected or appointed official or employee of Effingham County, Georgia, has any interest in their bid or the proceeds of any contract/agreement which may result thereof. In the event that an elected or appointed official or employee acquires any interest in any contract/agreement which may result from this bid, or the proceeds thereof, the vendor agrees to disclose such interest to the County immediately by written notice. For breach or violation of this clause, the County may annul any contract/agreement resulting from this bid without liability, terminate any contract/agreement resulting from this bid for default, or take other remedial measures. “Interest” as used herein means direct or indirect pecuniary or material benefit accruing to a county commissioner, official or employee as a result of a matter which is or which is expected to become the subject of an official action by or with the county, except for such actions which, by their terms and by the substance of their provisions, confer the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated. The term “interest” shall not include any remote interest. For purposes of this bid, a county commissioner, official or employee shall be deemed to have an interest in the affairs of: (1) his or her family; (2) any business entity in which the county commissioner, official or employee is a member, officer, director, SAMPLE CONTRACT (page 3) employee, or prospective employee; and (3) any business entity as to which the stock, legal ownership, or beneficial ownership of a county commissioner, official or employee is in excess of five percent of the total stock or total legal and beneficial ownership, or which is controlled or owned directly or indirectly by the county commissioner, official or employee. Remote interest as used herein means the interest of (1) a volunteer director, officer, or employee of a nonprofit corporation; (2) a holder of less than 5 percent of the legal or beneficial ownership of the total shares of a business; (3) any person in a representative capacity, such as a receiver, trustee, or administrator. Family as used herein means the spouse, parents, children, and siblings, related by blood, marriage, or adoption, of a county official or employee.

SECTION I-12 AUDITS AND INSPECTIONS.

At any time during normal business hours and as often as the County may deem necessary, the Contractor and its subcontractors shall make available to the County and/or representatives of the County, examination all of its records with respect to all matters covered by this Contract. It shall also permit the County and/or representatives of the County to audit, inspect, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Contract. All documents to be audited shall be available for inspection at all reasonable times in the main offices of the County or at the offices of the Contractor as requested by the County.

SECTION I-13 INDEPENDENT CONTRACTOR.

Contractor hereby covenants and declares that it is an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the County. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring of consultants, agents, or employees to complete the Work; and the payment of employees, including compliance with Social Security, withholding, and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates and subcontractors during the life of this Agreement.

SECTION I-14 NOTICES.

All notices shall be in writing and any notices, demands, and other papers or documents to be delivered to Effingham County, Georgia, under this Contract shall be delivered in person or transmitted by certified mail, postage prepaid to 804 South Laurel Street, Springfield, Georgia 31329, or at any such other place as may be subsequently designated by written notice to the Contractor.

All written notices, demands, and other papers or documents to be delivered to the Contractor under this Contract shall be transmitted by certified mail, postage prepaid, to Contact Person, Company Name and Address. It shall be Contractor’s responsibility to inform the County of any change to this contact address.

SECTION I-15 COMPLIANCE WITH LAWS.

The Contractor shall comply with all applicable Federal, State, and local laws, ordinances, rules, and regulations relating to the work, including by not limited to Effingham County building code and permitting requirements and other local requirements as applicable.

SECTION I-16 ASSIGNABILITY.

The Contractor shall not assign or transfer any of its rights, obligations, benefits, liabilities, or other interest under this Contract without written consent of the County.

SECTION I-17 GOVERNING LAW.

This Contract shall be governed by the laws of Georgia, with venue in Effingham County.

ARTICLE II

COMPENSATION, FINANCIAL ADMINISTRATION AND GUARANTEES

SECTION II-1. COMPENSATION FOR CONTRACTOR SERVICES.

The County shall pay the Contractor for his services as follows:

SAMPLE CONTRACT (page 4)

DESCRIPTION BID PRICE

Aggregate Chip Spreader $

Spray Bar $

Extended Warranty Options Available:

Time required for delivery after receipt of order ______________ / Days

(Award may be contingent on delivery)

These rates and fees shall remain in effect until DATE, without exception.

All invoices shall contain the following :

Date services performed Detailed account of services performed Name of employee providing said services

No work shall take place without advanced written approval of the County’s engineering department. If the Contractor commences any work prior to receiving written approval, he does so at his own risk.

No work outside the scope of work contained in the RFQ will be performed without the advanced written approval of the County’s engineering department.

Advance payments prior to any work shall not be granted unless specified in writing.

Progress payments or draw shall not be granted unless specified in writing.

Notwithstanding any other payment provisions of this contract, failure of the Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services, may result in the withholding of payment under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor.

The County will immediately notify the Contractor of its intention to withhold payment of any invoice or voucher submitted.

SECTION II-2. PAYMENT OF TAXES AND FEES.

The Contractor shall pay the cost of any taxes, permits, fees, or licenses required to complete and satisfy the requirements of this Contract.

SECTION II-3. QUANTITIES GUARANTEED.

The Contractor represents, understands and agrees that this is an “LUMP SUM” contract, to guarantee pricing for services contained herein.

SAMPLE CONTRACT (page 5)

ARTICLE III

INSURANCE REQUIREMENTS

SECTION III-1. INSURANCE PROVISIONS: Contractor shall be required to procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Contract work will not proceed unless Effingham County has in their possession, a current Certificate of Insurance. Effingham County invokes the defense of sovereign immunity. The County is not to be included as an additional insured on insurance contracts.

General Information that shall appear on a Certificate of Insurance:

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

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

C. Name and address of the Insured (this should be the Company or Parent of the firm Effingham County is contracting with).

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

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

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

Limits of Insurance:

Effective coverage shall have the following limits:

A. Commercial General Liability of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) aggregate for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. Excess or umbrella liability coverage shall be required for contracts pertaining to road construction or repairs, automotive or motor vehicle repairs, or for contracts over $1,000,000.00.

B. Commercial Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom.

C. Workers’ Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident or disease.

Special Requirements:

A. Claims-Made Coverage: The limits of liability shall remain the same as the occurrence basis, however, the

Retroactive date shall be prior to or coincident with the date of any contract, and the Certificate of Insurance shall state the retroactive date and the coverage is claims-made.

B. Extended Reporting Periods: The contractor shall provide the County with a notice of the election to initiate any

Supplemental Extended Reporting Period and the reason(s) for invoking this option.

C. Reporting Provisions: Any failure to comply with reporting provisions of the policies shall not affect coverage.

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

E. Proof of Insurance: Effingham County shall be furnished with certificates of insurance and original endorsements affecting coverage required by this invitation. The certificates and endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All certificates of insurance are to be submitted prior to, and approved by, the County before services are rendered. The CONTRACTOR must ensure Certificates of Insurance are updated for the entire term of the Contract.

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

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

Board of Commissioners.

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

SAMPLE CONTRACT (page 6)

Additional Coverage for Engineering, Architectural and Surveying Services:

Professional Liability: Insure errors or omission on behalf of architects, engineers, attorneys, medical professionals, and consultants. Minimum Limits: $1,000,000 per claim/occurrence. Coverage Requirement: If “claims made,” retroactive date must precede or coincide with the contract effective date or the date of the Notice to Proceed. The professional must state if “tail” coverage has been purchased and the duration of the coverage.

ARTICLE IV

WAIVERS AND EXCEPTIONS

No failure by County to enforce any right or power granted under this Contract, or to insist upon strict compliance by Contractor with this Contract, and no custom or practice of County at variance with the terms and conditions of this Contract shall constitute a general waiver of any future breach or default or affect the County’s right to demand exact and strict compliance by Contractor with the terms and conditions of this Contract.

ARTICLE V

GENERAL PROVISIONS

This Contract supersedes any and all agreements, both oral and written, between the parties with respect to the rendering of services by Contractor for County and contains all of the covenants and agreements between the parties with respect to the rendering of these services in any matter whatsoever. Each party acknowledges that no representations, inducements, promises, or agreements, written or oral, have been made by either party, or by anyone acting on behalf of either party, that are not embodied in this Contract. Any modification of this Contract will be effective only if set forth in writing and signed by the party to be charged.

Contractor warrants that it will not, in the performance of this Contract, illegally discriminate on the basis of race, color, sex, or national origin.

This Contract will be governed by and construed in accordance with the laws of the State of Georgia. If any provision in this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.

If Contractor dies or is dissolved prior to the completion of this Contract, any moneys that may be due to Contractor from County for services rendered prior to the date of death or dissolution shall be paid to Contractor’s executors, administrators, heirs, personal representative, successors, or assigns.

SAMPLE CONTRACT (page 7)

ARTICLE VI

AUTHORITY TO EXECUTE AND ENTER AGREEMENT

By his, her, or their signature(s) below, the person or persons signing on behalf of Contractor warrant that (1) they are authorized to sign on behalf of Contractor; (2) that to the extent Contractor; is an entity rather than an individual, the entity is currently in existence and is validly registered with appropriate government officials; and (3) that the individual and entity contracting herein are in compliance with all Georgia requirements related to federal and state immigration laws and the use of E-Verify and shall remain in compliance during the term of this Contract.

IN WITNESS WHEREOF, the parties hereto acting through their duly authorized agents have caused this Contract to be signed, sealed and delivered.

This ____ day of ____________________, 2020.

COMPANY NAME

Signature

Title

Witness - Signature Witness - Title

BOARD OF COMMISSIONERS OF

WESLEY CORBITT, CHAIRMAN

Attest:

Stephanie Johnson, County Clerk

CONTRACT NO. NUMBER

COMMISSION APPROVAL DATE:

ATTACHMENT A

DRUG FREE WORKPLACE CERTIFICATION

The undersigned…