RFQ_27-08,_On-Call_Materials_and_Field_Testing_Services.pdf

RFQ # 27-08, On-Call Materials and Field Testing Services – Annual Contract Page 1 of 29

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

Henry County

Purchasing Department 140 Henry Parkway, McDonough, GA 30253

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

Website: https://henrycountyga.gov

REQUEST FOR QUALIFICATIONS

Sealed Envelope shall be marked with the following information:

RFQ # 27-08

On-Call Materials and Field Testing Services- Annual Contract Due Date and Time: September 9, 2026, 3:00 PM

SCHEDULE OF EVENTS FOR

Non-Mandatory Pre-Bid Conference and site visit

None

Deadline for requests for clarifications and questions. Any possible exceptions to the bid specifications and/or terms and conditions should be addressed during this phase. These requests will be answered in an addendum and must be submitted through the County’s eProcurement Portal at:

https://procurement.opengov.com/portal/henryga

3:00 PM

August 26, 2026

*Deadline for first addendum, if required, posted on Henry County’s eProcurement Portal at: https://procurement.opengov.com/portal/henryga

3:00 PM

September 2, 2026

Sealed qualifications will be accepted until the due date and time. Any late submittals received will not be considered. Submittals may be delivered by mail, common carrier, or in person to Henry County Purchasing Department, 140 Henry Parkway, McDonough, GA 30253. Electronic bids are to be submitted through the County’s eProcurement Portal at (https://procurement.opengov.com/portal/henryga)

3:00 PM

September 9, 2026

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

COMPANY NAME: DATE:

MAILING ADDRESS: PHONE:

CITY: FAX:

STATE: ZIP: SSN OR FEDERAL TAX ID:

EMAIL: TITLE OF AUTHORIZED REPRESENTATIVE:

PRINTED NAME: AUTHORIZED SIGNATURE:

https://henrycountyga.gov/ https://procurement.opengov.com/portal/henryga

RFQ # 27-08, On-Call Materials and Field Testing Services – Annual Contract Page 2 of 29

TABLE OF CONTENTS Page

SECTION I – GENERAL OVERVIEW

A - PURPOSE 3

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

SECTION II – SPECIFICATIONS

A – SCOPE OF WORK 13-17

B – SELECTION METHOD 17

C – INSURANCE REQUIREMENTS 17-18

SECTION III – SUBMITTAL FORMAT 19

SECTION IV – EVALUATION AND SELECTION CRITERIA 20

SECTION V - FORMS

CERTIFICATION FORM 21

STANDARD CONTRACT (SAMPLE) 22

BID AUTHORIZATION AFFIDAVIT 23

NON-CONFLICT OF INTEREST 24

GA SECURITY & IMMIGRATION COMPLIANCE AFFIDAVIT &

AGREEMENT 25

SUPPLIER INCLUSION PROGRAM 26

COVENANT OF NON-DISCRIMINATION FORM 27

CHECKLIST FOR RFQ 28

SECTION V – REQUEST FOR QUALIFICATIONS LABEL 29

RFQ # 27-08, On-Call Materials and Field Testing Services – Annual Contract Page 3 of 29

SECTION I - GENERAL OVERVIEW

A. PURPOSE

The Henry County Board of Commissioners is soliciting statements of qualifications to develop a shortlist of pre-qualified firms to provide on-call comprehensive materials and field testing services.

Selected firms will receive bid opportunities on an as needed basis for one (1) year with two (2) possible additional one (1) year period renewals. In order to be considered as an on-call firm, the Contractor’s firm/team and subcontractors must be included on the current Georgia Department of Transportation (GDOT) Prequalified Consultants list in the area classes listed in this RFQ. All respondents to this RFQ are subject to instructions communicated in this document and are cautioned to completely review the entire RFQ and follow instructions carefully

B. GENERAL INSTRUCTIONS, TERMS, AND CONDITIONS

1. Qualifications Submission

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

b. Qualification documents may be submitted by mail, common carrier or delivered in person.

Electronic bids are to be submitted through the County’s eProcurement Portal at (https://procurement.opengov.com/portal/henryga). Emailed or faxed submittals are not acceptable. It shall be the duty of each proposer to ensure that their qualification documents are delivered within the time and at the place prescribed in this document. Qualifications received prior to the time fixed in this document will be securely kept unopened. A date/time stamp will be affixed to the envelope/package immediately upon its arrival to the Purchasing Department.

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

c. At the date and time specified for the opening of the qualifications, the submittals shall be publicly opened and the list of respondents will be read aloud.

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

Henry County Purchasing Department 140 Henry Parkway

McDonough, Georgia 30253

RFQ # 27-08

On-Call Materials and Field Testing Services – Annual Contract

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

f. The following items are to be submitted:

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

• One (1) bound complete copy (not to exceed a 1/2” capacity ring binder) identical to the original qualification documents, and

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

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

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

RFQ # 27-08, On-Call Materials and Field Testing Services – Annual Contract Page 4 of 29 submitted.

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

j. Individual consultants shall provide their Social Security number and proprietorships, partnerships and corporations shall provide their Federal Employer Identification number on page one of this document and a completed W9 form is to be submitted with the qualification documents.

k. The authorized representative whose signature will appear on the documents submitted certifies that the firm has carefully examined the instructions of this request for qualifications and the terms and specifications applicable to and made a part of this submittal.

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

2. Preparation of Proposals

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

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

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

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

e. Full identification of each item proposal upon, including brand name, model, catalog number, etc., must be furnished to identify exactly what the proposer is offering. Whenever an article or material is defined by describing a proprietary product or by using the name of a manufacturer, the term “or equal” if not inserted shall be implied. The specified article or material shall be understood as indicating the type, function, minimum standard of design, efficiency and quality desired and shall not be construed as to exclude other manufactured products of comparable quality, design and efficiency. In the event that any equivalent version is proposed, prospective proposers are herewith advised that precise, adequate, and documented evidence of equivalency in performance, stability, and operational efficiency should be submitted with the proposal for further consideration. Final determination of equivalency will be determined by Henry County.

3. Clarification and Communication to County Concerning Proposal

a. From time to time, the Purchasing Department may have to release written changes to a solicitation. These formal written changes are called addendum or if multiple, Addenda. It is the responsibility of the Proposer to ensure that they have all applicable addenda prior to the proposal submission. Therefore, we encourage all Bidders to frequently review the County’s eProcurement portal at (https://procurement.opengov.com/portal/henryga).

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

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

RFQ # 27-08, On-Call Materials and Field Testing Services – Annual Contract Page 5 of 29 this document.

c. Proposers seeking an award of a Henry County contract shall not initiate or continue any verbal or written communication regarding a solicitation with any County officer, elected official, employee or other County representative without permission of the Purchasing Department between the date of the issuance of the solicitation and the date of the final contract award by the Board of Commissioners. Violations will be reviewed by the Purchasing Director. If determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business shall be disqualified from consideration for award. EXCEPTION to the above would be emailing request for clarification and/or questions to the County’s eProcurement portal at https://procurement.opengov.com/portal/henryga. (These requests will be answered in an addendum. Please see schedule of events.)

4. Pre-Proposal Conference

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

5. Rejection and Withdrawal of Proposals

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

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

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

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

6. Proposal and Contract Documents

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

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

Partnership: If the Proposer is a partnership, all partners must sign the proposal. If all the partners do not sign the proposal, then the names of all those except limited partners must be furnished on the proposal and evidence of the authority of the signer(s) to execute the proposal on behalf of the partnership.

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

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

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

c. Contract Term – The time period of the agreement, if any is formed from this RFQ, will be

RFQ # 27-08, On-Call Materials and Field Testing Services – Annual Contract Page 6 of 29 determined after the review and evaluation of the Time Line Schedules submitted by the successful Consultant.

7. Exceptions and Omissions

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

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

9. Cost Incurred by Vendors

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

10. Codes, Permits, Fees, Licenses and Law

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

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

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

11. Safety

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

12. Design, Standards and Practices

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

RFQ # 27-08, On-Call Materials and Field Testing Services – Annual Contract Page 7 of 29

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

14. Non-collusion

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

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

15. Nondiscrimination

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

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

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

16. Drug Free Workplace Certification

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

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

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

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

c. The Contractor further certifies that he will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract.

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

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

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

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

RFQ # 27-08, On-Call Materials and Field Testing Services – Annual Contract Page 8 of 29 become a part of the Agreement between Henry County and the successful Contractor.

18. Supplier Inclusion Program

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

19. Delivery and F.O.B. Destination

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

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

20. Discounts

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

21. County’s Tax Exemption

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

22. Award of Contract

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

(https://procurement.opengov.com/portal/henryga).

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

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

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

• Has the appropriate and adequate technical experience required.

• Has adequate personnel and equipment to perform the work expeditiously

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

• Has a satisfactory record of performance.

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

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

RFQ # 27-08, On-Call Materials and Field Testing Services – Annual Contract Page 9 of 29

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

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

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

23. Local Vendor Privilege

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

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

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

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

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

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

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

Immigration Act.

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

24. County Direction of Project Site and Monitoring of Work

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

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

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

RFQ # 27-08, On-Call Materials and Field Testing Services – Annual Contract Page 10 of 29 of the discrepancy and the Contractor will have twenty-four (24) hours to make the correction.

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

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

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

25. Indemnification

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

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

26. Controlling Law, Venue

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

27. Contractor as Independent Contractor

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

28. Assignment

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

29. Owner and Ownership of Documents

The Henry County Board of Commissioners, 140 Henry Parkway, McDonough, Georgia 30253 is the owner of the proposed work. Reports and all relevant data such as maps, diagrams, plans, designs, RFQ # 27-08, On-Call Materials and Field Testing Services – Annual Contract Page 11 of 29 electronic data, statistics, specifications, and other supporting records or drawings compiled or prepared in the course of performance of the services required by this contract shall be the absolute property of the County and shall not be used by the Contractor for purposes unrelated to this contract without the prior written approval of the County. Such original documents shall be turned over to the County upon completion of the project except that Contractor shall have the right to retain copies of the same.

30. Performance of Contract

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

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

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

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

31. Default and Termination

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

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

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

(30) days to the satisfaction of the County, the County may exercise their option in writing to terminate the Agreement without further notice to the Contractor and order the Contractor to stop work immediately and vacate the premises, to cancel ordered products and/or services with no expense to the County.

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

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

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

Agreement.

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

RFQ # 27-08, On-Call Materials and Field Testing Services – Annual Contract Page 12 of 29

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

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

c. Termination for Convenience This Agreement may be terminated by Henry County for its own convenience by providing vendor (30) thirty days’ written notice. All fees and costs incurred by vendor up until the date of termination shall be paid to vendor.

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

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

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

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

The following information must appear on all invoices submitted:

• Name and address of successful Bidder;

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

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

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

33. Payment

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

34. Required Documents If submitting an electronic bid through the County’s eProcurement Portal at (https://procurement.opengov.com/portal/henryga), the required documents and/or forms mentioned in this solicitation must be uploaded to our eProcurement Portal once they are executed.

RFQ # 27-08, On-Call Materials and Field Testing Services – Annual Contract Page 13 of 29

SECTION II - SPECIFICATIONS

A. SCOPE OF WORK

1. All services shall be performed in general accordance with the appropriate American Society for Testing Materials (ASTM) requirement. In order to be considered as an on-call firm, the Contractor’s firm/team and subcontractors must be included on the current Georgia Department of Transportation (GDOT) Prequalified Consultants list in the area classes listed in this RFQ. Vendor shall furnish all materials, labor, tools, equipment, specialized equipment and services required to provide comprehensive materials and field testing as required to include the following:

• Compressive Strength of Concrete Cylinders

• Establish Asphalt Roll Pattern

• Asphalt Extraction/Gradation

• Asphalt Cores

• Asphalt Density

• Graded Aggregate Base Compaction

• Embankment Testing (Including pipe backfill and embankments below one foot of subgrade)

• Subgrade Compaction Testing (Embankments within the final one foot of subgrade)

• Soil Mix Designs

• In Place Density for Soil Cement

• Compressive Strength of Soil Cement Cores

• Review and approve asphalt job mix formulas

• Well Sampling and Testing

• Compressive Strength of Concrete Cylinders:

This item will consist of the contractor providing cylinder molds (size 6” X 12”), retrieving the cylinders from the job site after a 24-hour period, breaking the cylinders for compressive strength results, and providing documentation with the test results for each cylinder. This work shall conform with the GDOT Sampling, Testing, and Inspection Guide, pursuant Section 441 (Miscellaneous Concrete) GDT 35 and T22. Travel expenses, equipment, cylinder trimming, and technician time, and written reports shall be inclusive in the bid price. Written report shall be consistent with GDOT Form 319 or an acceptable equivalent.

• Establish Asphalt Roll Pattern:

This item will consist of the contractor providing a field technician to observe the asphalt paving operations and provide verbal recommendations on methods to establish ideal density and compaction for the asphalt placement. Travel expenses technician time shall be included in the bid price.

• Asphalt Extraction/Gradation:

This item will consist of the contractor providing a field tech technician to collect asphalt samples from the construction site, sampling the asphalt for percentages of aggregates, and providing the Sieve Size, Pass Rate Percentage, Tolerances, Job Mix Formulas, and Deviations on a written report (GDOT Form 387 or acceptable equivalent. In the event that tolerances are exceeded, this information shall be provided on the report. This work shall conform with the GDOT Sampling, Testing, and Inspection Guide, pursuant to Section 403 (Complete Hot in Place Recycled Mix) GDT 38, GDT 83, GDT 73, T 11, T 27, and T 269. Contractor will receive Job Mix Formulas from asphalt plant to approve them for usage prior to construction. Travel expenses, equipment, technician time, and written reports shall be inclusive in the bid price.

• Asphalt Cores:

Asphalt cores will be cut from compacted asphalt and must be pursuant to GDOT Sampling, Testing, and Inspection Guide- GDT 35 and T22. This work shall include all equipment, travel expenses, RFQ # 27-08, On-Call Materials and Field Testing Services – Annual Contract Page 14 of 29 technician time, written reports, and patching the holes after extractions. Any traffic control required for the retrieval or patching of the asphalt cores shall be included in the overall price for this item.

• Asphalt Density:

Asphalt Density and Compaction testing shall be pursuant to the GDOT Sampling, Testing, and Inspection Guide, and conform to Section 403 (Complete Hot in Place Recycled Mix GDT 39, GDT 59, GDT 73, and results shall be provided on GDOT Form 382 or acceptable equivalent. The price for EACH item will consist of 3 readings when a nuclear gauge is used to determine density. Travel expenses, equipment, technician time, and written reports shall be inclusive in the bid price.

• Graded Aggregate Base Compaction:

This item will consist of the contractor providing a field technician to perform compaction and density testing pursuant to the GDOT Sampling, Testing, and Inspection Guide, conforming to Section 310- Graded Aggregate Base In-Place Material (GDT 21 and GDT 59). The scope of this work will also require establishing Theoretical Densities (GDT 49). Travel expenses, equipment, technician time, and written reports will be inclusive in bid price.

• Embankment Testing:

This item will consist of the contractor providing a field technician to perform compaction and density testing pursuant to the GDOT Sampling, Testing, and Inspection Guide (Section 208), conforming to GDT 20, GDT 21, and GDT 59. The scope of this work shall include establishing Theoretical Densities (GDT 7 and GDT 67. Travel expenses, technician time, and written reports shall be inclusive in the bid price.

• Subgrade Compaction Testing:

This item will consist of the contractor providing a field technician to perform compaction and density testing pursuant to the GDOT Sampling, Testing, and Inspection Guide Section 209), conforming to GDT 20, GDT 21, and GDT 59. The scope of this work shall include establishing Theoretical Densities GDT 7 and GDT 67). Travel expenses, technician time, and written reports shall be inclusive in the bid price.

• Soil Cement Mix Designs:

This item will consist of the contractor providing a field technician to perform mix designs for soil cement construction. This work shall conform to GDT 65 pursuant to the GDOT Sampling, Testing, and Inspection Guide. The scope of this work shall include establishing the mix design and providing written reports. Travel expenses, technician time, and written reports shall be inclusive in the bid price.

• In Place Density for Soil Cement:

This item will consist of the contractor providing a field technician to perform in place density tests for soil cement construction pursuant to Section 301- GDT 20, 21, or 59 of the GDOT Sampling, Testing, and Inspection Guide. The scope of this work shall include establishing the density of in place soil cement and providing written reports of results. Travel expenses, technician time, and written reports shall be inclusive in the bid price.

• Compressive Strength of Soil Cement Cores:

This item will consist of the contractor providing cylinder molds and breaking them for compressive strength results and providing documentation with the test results for each cylinder. This work shall conform with the GDOT Sampling, Testing, and Inspection Guide (Section 301- Soil Cement Construction) GDT 86.

RFQ # 27-08, On-Call Materials and Field Testing Services – Annual Contract Page 15 of 29

• Review and approve job mix formulas:

This item will consist of the awarded vendor verifying the proportions of aggregate and other additives to meet project criteria for strength, durability, and volumetrics prior to placement of asphalt.

• Well Sampling and Testing:

Sampling should take place from each well that is within 200’ of project centerline. Sampling shall be performed at the closest location to the well and before the filter, if feasible. A sketch shall be drawn indicating the address and location of the home, well, and construction area. Water shall flow freely for a period of two minutes minimum prior to collecting sample. Sample size shall be one quart minimum.

Travel expenses, equipment, technician time, and written reports shall be inclusive in the bid price.

2. It will be the responsibility of the contractor to provide a job mix formula for each type of asphalt mix that will require testing for this contract. The awarded, on-call, contractor shall review the job mix formula as submitted by the contractor and utilize it to determine the necessary asphalt testing tolerances. There will be no additional payment for this scope of work.

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

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

• Full identification of each item proposal upon, including brand name, model, catalog number, etc., must be furnished to identify exactly what the proposer is offering. Whenever an article or material is defined by describing a proprietary product or by using the name of a manufacturer, the term “or equal” if not inserted shall be implied. The specified article or material shall be understood as indicating the type, function, minimum standard of design, efficiency and quality desired and shall not be construed as to exclude other manufactured products of comparable quality, design and efficiency. In the event that any equivalent version is proposed, prospective proposers are herewith advised that precise, adequate, and documented evidence of equivalency in performance, stability, and operational efficiency should be submitted with the proposal for further consideration. Final determination of equivalency will be determined by Henry County.

• Any shutdown of service and/or utilities must be approved and scheduled with the building representative.

4. No additional language shall supersede the verbiage in the contract, supplemental provisions, or modify bidding costs after bid award.

5. Duties of the Testing/Inspection Agency:

a. Non-conformance items shall be brought to the immediate attention of the contractor and/or the sub-contractor performing the work and the Project Manager. If the contractor chooses to proceed with the discrepancy, the Program Manager shall be informed.