Splash in the Boro Spray Pad Resurfacing Bid.pdf

BULLOCH COUNTY BOARD OF COMMISSIONERS

115 NORTH MAIN STREET

STATESBORO, GEORGIA 30458

INVITATION FOR BID

RESURFACING 6,600 SQ. FT. SPRAY PAD

STATESBORO-BULLOCH COUNTY SPLASH IN THE BORO FAMILY WATERPARK

AND AQUATIC CENTER

The Bulloch County Board of Commissioners (herein after referred to as the “County”) is accepting COMPETITIVE SEALED BIDS for:

Material or Service: Resurfacing of 6,600 sq. ft. spray pad located at the Splash in the Boro

Family Waterpark and Aquatics Center located at 1388 Hwy. 24 East, Statesboro, GA 30461.

Time and Place for Submission and Opening of Bids: Bidders are responsible for the actual delivery of sealed bids during normal business hours to the Bulloch County Board of

Commissioners, 115 North Main Street, Statesboro, Georgia 30458. The original bid and supporting documents along with one (1) copy must be submitted in a sealed clearly marked envelope. At the time and date of the bid deadline, the bids will be publicly opened and cost components read aloud at the Bulloch County Commissioners North Main Annex, in Conference

Room 102 at the above-referenced address. The bids will be reviewed to determine conformity with the specifications and other criteria. Upon closure of the review, the Aquatics Manager will recommend the selection of a bid or bids most advantageous to the County or the rejection of all bids, which final decision will be approved by the Board of Commissioners.

Bid Identification: The outside of the sealed envelope shall include the wording: Spray Pad

Resurfacing; Bid Opening: February 22, 2024 @ 3:00pm; Attn: Purchasing Manager.

Bid Submission Deadline: The deadline for receipt of sealed bids is 3:00pm, February 22, 2024.

Prospective bidders shall file all documents necessary to support their bids. FAXED OR E-

MAILED BIDS WILL NOT BE ACCEPTED.

At the time and in the room noted above, the bids will be publicly opened and read. No extension of the bidding period will be made.

Award, shall be on a lump sum basis. No bid may be withdrawn for a period of 60 (sixty) calendar days after time has been called on the date of opening.

A bid package may be requested by contacting Faye Bragg, Purchasing Manager, at fbragg@bullochcounty.net or http://bullochcounty.net/procurement/. Any addenda to this solicitation will be issued through the purchasing office, and it will be the sole responsibility of the bidder to periodically check the County’s website for any addenda for this project. Failure to include a signed copy of any addenda issued for this project in the submitted bid package will result in the submitted bid not being considered for this project.

The County reserves the right to reject any or all bids and to waive technicalities and informalities associated with the bid, and to make the award that it deems is in the best interest of the County.

There is a checklist on page 13 that lists the forms that must be included in the sealed bid submission. All items requiring signatures must be signed and all items requiring a notary must be notarized. Failure to return any of the items or incorrectly completed items on the check list will be justification for non-acceptance of the submitted sealed bid.

Local Buying Preference: This solicitation is for a Public Works Construction Project, the

County’s local vendor pricing preference which allows such a vendor to match the lowest priced bid if within 5% shall not be applicable.

Award And Reservations: It is understood and agreed that in consideration of the sum of One

Dollar and No/100 ($1.00) cash in hand paid, receipt whereof is hereby acknowledged, the bidder agrees that this bid shall be an option, which is hereby given to the Purchaser to accept or reject this bid at any time within sixty (60) calendar days from the date on which it is opened and read. It is expressly covenanted and agreed that this proposal is not subject to withdrawal by the bidder during the term of said option. The party submitting the bid is solely responsible for delivering the bid to the exact location and by the time stated. The Purchaser reserves the right to reject any or all bids and to waive technicalities and informalities in bids, to accept in whole or in part, such bid or bids may be deemed in the best interest of the purchaser. The County reserves the right to use or not use any alternate bid associated with this solicitation.

EXCEPTIONS TO SPECIFICATIONS: Any contract resulting from this invitation shall bind the bidder to all terms, conditions and specifications set forth in this invitation. Bidders whose bids do not conform shall so note on the “Exceptions to Specifications” sheet provided. While the County reserves the right to make an award to a nonconforming bidder when in the best interest of the County, such awards will not be readily made, and bidders are urged to conform to the greatest extent possible. No exceptions will be considered to have been taken by a bidder unless it is properly set out as provided above, and no exception will be deemed to have been taken by the County unless incorporated in a contract resulting from this invitation and so stated.

Award, if made will be made to that responsive and responsible bidder with the best offer for

Bulloch County, price and other factors considered. Time is of the essence.

TERMS AND CONDITIONS

Changes: No change shall be made to this invitation except by written modification by the purchasing department.

Fob Destination Point: Bid prices shall include shipping to Statesboro-Bulloch County Parks

Splash in the Boro. Title to remain with vendor until fully accepted by County. Goods damaged or not meeting specifications will be rejected.

Restrictions to Bidders: No employee of Bulloch County shall have a financial interest either directly or indirectly in the purchase of or contract for any goods or services, nor in any firm, corporation, partnership, limited liability company, or any other legal entity furnishing any goods or services to Bulloch County or any of its departments. For the purposes of this provision, an indirect financial interest includes, but is not necessarily limited to, the financial interest of an employee’s spouse.

Disqualification: Bids may be disqualified for: a) receipt of the bid by the County past the stated deadline; b) any irregularities; c) unbalanced unit price or extensions; d) unbalanced value of any items; e) failure to complete bid information correctly; or f) failure to comply with the restrictions to bidders. If in the opinion of the County, the bidder is not in a position to perform the contract, the bid may be disqualified and rejected. The County reserves the right to waive any minor informalities or irregularities

Withdrawal of Bids: Bids may be withdrawn by written request only, if the request is received prior to the time and date set for the opening of bids. Negligence on the part of the bidder in preparing the bid confers no right of withdrawal or modification of the bid after bid has been opened. No bid may be withdrawn for a period of (60) sixty calendar days after time has been called on the date of opening.

Award of Contract: Award, if made will be made to that responsible bidder whose bid, conforming to the invitation for bid, will be most advantageous to the County, price, delivery terms, guarantee clauses and other factors considered. The County reserves the right to reject any and/or all bids submitted and to waive any technicalities or minor irregularities in bids received. A written award, mailed, service or hand delivered shall be deemed to result in a binding contract without further action by either party.

Lawsuits/Bribery/Conflicts of Interest/Defaults: Prospective bidders shall disclose any record of pending lawsuits, criminal violations and/or convictions, conflicts of interest, or contract defaults.

Liability: The County is not liable for any cost incurred in the preparation of the bid. Nor is the

County bound by any information provided to bidders prior to the bid opening unless reduced to writing and distributed as a written addendum.

Clarification of Submittals: The County reserves the right to seek clarification of any point in a bidder’s sealed bid submission, or to obtain additional information.

Exceptions: Conditional bids or those that take exception to the specifications, will be considered only at the discretion of the Project Manager.

Correction or Withdrawal of Bids, Cancellation of Awards: Correction or withdrawal of bids after the deadline for submitting bids has passed, or cancellation of awards or contracts may be permitted only to the extent that the bidder can show by clear and convincing evidence that a clerical mistake of non-judgmental character was made, or where the withdrawal or cancellation is in the best interest of the County.

County Obligations: The County has a standing policy to disqualify or withhold compensation to vendors, contractors and professional consultants if there are existing obligations to the County for any liens, ad valorem taxes, licenses or other financial remittances due to the County.

Project Schedule: The project shall be defined in the notice to proceed and be completed according to the time schedule set forth in the contract. Time is of the essence.

Completion of Project: The number of days to complete the project must be stated on the bid form. The project must be completed no later than May 1, 2024.

Bid Reservations: The County reserves the right to reject any or all Bids, to award in whole or in part and to waive minor immaterial defects in Bids. Negotiations may be necessary to complete the contract.

Indemnification: The Contractor agrees to indemnify, hold harmless, and defend the County, its officials, and employees (hereinafter collectively “the indemnitees”) from and against any and all claims, damages, liabilities, suits, proceedings, costs, and expenses of litigation (including, without limitation, reasonable attorney’s fees) related to or arising in any way out of the performance of this Agreement, unless such is attributable to the sole negligence of the indemnitees. The indemnity obligation of the Contractor will survive the expiration or termination of this

Agreement.

Payment: Payments will be made within (30) thirty days of receipt of a properly documented invoice. All invoices must be itemized. County purchases are exempt from Federal Excise Tax and Georgia Sales and Use Tax. Tax Exempt Certification will be furnished if requested.

Inquiries Regarding Payment: All inquiries regarding payment of invoices are to be directed to Accounts Payable, (912) 764-6245 or ap@bullochcounty.net.

Regulatory Agencies: Successful bidder will be responsible for all required permits or licenses required by any regulatory agency of the City, County, State or Federal Governments.

Anti-Discrimination Clause: Bulloch County does not discriminate against any person because of race, color, religion, national origin, or handicap in employment or services provided.

Commodity Status: It is understood and agreed that materials delivered shall be new, of latest design, and in first quality condition, that all bags, containers, etc., shall be new and suitable for storage, unless otherwise stated by Bulloch County.

Delivery: Delivery shall be made to Bulloch County Recreation and Parks Department Splash in the Boro Waterpark & Aquatic Center, 1388 Hwy. 24 East, Statesboro, GA 30461.

Compliance: The County’s failure to insist on compliance with any of the terms or conditions of this Invitation to Bid shall not be deemed a waiver of the county’s right to insist at any time on full compliance with any of the terms and conditions here in.

Product Compliance: Bidders must submit with their bid an itemized list of the equipment included on the units they propose to furnish along with the latest printed specifications and/or advertising literature to prove compliance with our specifications.

Questions: All questions concerning this invitation should be directed to the buyer whose name appears on the bottom of this page unless otherwise directed.

Quality: Any brand names or trade names used in the specifications are for the purpose of describing and establishing general quality levels.

Insurance: Contractor shall purchase from and maintain in a company or companies authorized to do business in the state of Georgia the following types of insurance:

A. Statutorily required workers’ compensation insurance.

B. Commercial general liability insurance, Commercial general liability insurance, with an endorsement naming the County and its officials, officers, and employees as additional insureds, and with limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate.

C. Motor vehicle liability insurance, with limits of not less than $1,000,000.00 for bodily injury to or death of one person in anyone accident, and not less than

$2,000,000.00 because of bodily injury to or death of two or more persons in any one accident; and not less than $250,000.00 because of injury to or destruction of property.

Certificate of Liability Insurance must be provided with the submitted bid.

Bonds: A Bid Bond in an amount not less than five (5%) percent of the Base Bid must be included in the bid submission for this project. Both Performance and Payment Bonds will be required in an amount equal to one hundred (100%) percent of the contract price from the successful bidder, if an award is made. Bonding companies must be on the US Department of

Treasuries listing of approved sureties (Dept. Circular 570).

Immigration: On July 1, 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 for Georgia’s public employers in the amount of $2,500 or more must sign an affidavit that he/she has used the E-Verify System. This includes out-of-state contractors. E-Verify is a no-cost federal employment verification system to insure employment eligibility. For more information on E-verify please go to http://www.dhs.gov/e-verify.

Affidavits are enclosed in this solicitation. All Proposers are to read and complete the E-Verify

Contractor Affidavit enclosed to be returned with response. Failure to do so will result in your solicitation response being rejected as non-responsive.

If you use a third party administrator, do not enter their name in place of the user identification number; the administrator’s name does not replace the actual number. You must contact your administrator for the number and the date of authorization (when the number became effective).

If you only include the third party administrators name and not the actual authorization number this will result in your solicitation response being rejected as non-responsive.

SHIPPING COSTS, IF ANY SHALL BE INCLUDED IN BID PRICES

The bid must be submitted in a sealed envelope to the following address:

Bulloch County Commissioners

Attn: Purchasing Manager

115 N Main St.

Statesboro, GA 30458

Bidders will be fully responsible for the delivery of their bids in a timely manner. Reliance upon

U.S. Mail or other carriers is at the bidder's risk. Late bids will not be considered.

For technical questions concerning this bid contact Alex Estrada, Aquatics Manager, 912-489-

9047, 912-678-1277(cell) or aestrada@bullochrec.com

For procurement procedures concerning this bid contact Faye Bragg, Purchasing Manager, at fbragg@bullochcounty.net.

Scope of Work

To supply all labor to prep concrete surface, equipment for installation, and material to install safety surfacing over approximately 6,600 square feet of concrete surface. (Removal of existing surface material will be completed by Splash in the Boro).

“MINIMUM SPECIFICATIONS”

Material Specifications

• Polyolefin plastic granules or comparable, material must be repairable with chlorine resistant resin.

• Material shall be intended for an Aquatic environment that includes submerged applications as well as semi-dry applications.

• Material shall be slip resistant, chlorine resistant, fungus resistant, heat resistant, and UV resistant.

• Material must be available in multiple colors.

• The contractor will provide a contact list of at least three satisfactory references to be included in the bid package submitted.

• Product must be repairable and/or be able to be re-glued so the entire surface does not have to be replaced at one time.

Please include any additional information such as warranty and etc. Color patterns and designs will be determined later. Please include specifications for any additional costs, if any, that may be involved.

Please list any exceptions to the specifications on the exceptions to specifications sheet.

EXCEPTIONS TO SPECIFICATIONS SHEET

If you have an exception to our specifications use this sheet and list the item you are taking an exception on and the description of the exception. Bulloch County will determine compliances to the specifications based on the information submitted. If there are no exceptions to the specifications on the bid, mark the box “No Exceptions Taken” and return this form with the bid.

NO EXCEPTIONS TAKEN

ITEM DESCRIPTION OF EXCEPTION

BULLOCH COUNTY BOARD OF COMMISSIONERS

115 NORTH MAIN STREET

STATESBORO, GA 30458

912-764-6245

BID FORM

RESURFACING 6,600 SQ. FT. SPRAY PAD

1. Total Bid Price for Complete Job: $_________________________________

This is a lump sum bid only.

Bid price shall include material and installation per specifications.

2. Does your bid meet all of our specifications including terms and conditions?

YES___________ NO____________

3. Does your bid include all addendums (if any)?

YES___________ NO____________

4. Project Completion: ______________________________________________________

Company Name: ____ ___________________________________________________________

Company Address: ______________________________________________________________

Signature of Representative: ______________________________________________________

Printed Name of Representative: __________________________________________________

Title: _________________________________________________________________________

Telephone Number: _______________________ Fax Number: ________________________

E-mail Address: ________________________________________________________________

Date: _____________________________________

REFERENCES SHEET

1. Firm Name:

Address:

Contact Person: _____________________________________________________________

Phone Number: _____________________________________________________________

E-Mail: ___________________________________________________________________

2. Firm Name: _____________

3. Firm Name:

BULLOCH COUNTY, GEORGIA

NON-COLLUSION AFFIDAVIT

The following affidavit is to accompany the bid:

STATE OF:

COUNTY OF:

Owner, Partner or Officer of Firm:

Company Name, Address, County and State:

The undersigned, being of lawful age, being first duly sworn, on oath says that he/she is the agent authorized by the vendor to submit the attached proposal. In making such representation, affiant further states for himself/herself and on behalf of vendor, that they have not been a party to any collusion among vendors in restraint of competition by agreement to submit a bid or proposal at a fixed price or to refrain from proposing; or with any office of Bulloch County or any of their employees as to quantity, quality or price in the prospective contract; or any discussion between vendors and any official of Bulloch County or any of their employees concerning exchange of money or other things of value for special consideration in submitting a sealed bid for:

FIRM NAME _________________________________________

SIGNATURE _________________________________________

TITLE _________________________________________

Subscribed and sworn to before me this ___ day of __________ 20__.

NOTARY PUBLIC _____________________________________

BIDDER DECLARATION

The bidder understands, agrees and warrants:

That the bidder has carefully read and fully understands the full scope of the specifications.

That the bidder has the capability to successfully undertake and complete the responsibilities and obligations in said specifications.

That this bid shall be valid for 60 days.

That this bid may be withdrawn by requesting such withdrawal in writing at any time prior to

February 22, 2024 @ 3:00pm but may not be withdrawn after such date and time for a period of 60 days.

That Bulloch County reserves the right to reject any or all bids and to accept that bid which will, in its opinion, best serve the public interest. Bulloch County reserves the right to waive any technicalities or informalities in the bidding.

That by submission of this bid the bidder acknowledges that Bulloch County has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information supplied by the bidder.

If a partnership, a general partner must sign.

If a corporation the authorized corporate officer(s) must sign and the corporate seal must be affixed to this proposal.

BIDDER:

Name Title

Name Title

AFFIX CORPORATE SEAL (if applicable)

Subscribed and sworn to before me this ___ day of __________ 20__.

NOTARY PUBLIC _____________________________________

CONTRACTOR E-VERIFY AFFIDAVIT AND AGREEMENT

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. §

13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Bulloch

County, Georgia has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of

Homeland Security or any equivalent federal work authorization program operated by the United States

Department of Homeland Security to verify information of newly hired employees, pursuant to the

Immigration Reform and Control Act of1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Bulloch County, Georgia, contractor will secure from such subcontractor(s) similar verification of compliance with

O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Georgia Department of Labor Rule 300-

10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to Bulloch County, Georgia at the time the subcontractor(s) is retained to perform such service. Call 1(888)464-4218 with questions.

Federal Work Authorization E-verify Company ID# Date of Authorization

Company Name

By:___________________________________________ __________________

Authorized Officer or Agent Date

(Contractor Name)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

Resurfacing Splash in the Boro Spray Pad

Name of Project

__Bulloch County, Georgia___________

Name of Public Employer

SUBSCRIBED AND SWORN BEFORE ME ON THIS

THE _____ DAY OF _____________________, 20___.

Notary Public

My Commission Expires:

* As of the effective date of O.C.G.A. § 13-10-91, the applicable federal work authorization program is the "EEV/Basic Pilot Program" operated by the U.S. Citizenship and Immigration Services Bureau of the

U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA).

Check List

The items on this list shall be returned in the bid package. All items requiring signatures must be signed and all items requiring a notary must be notarized. Failure to return any of the items or incorrectly completed items on the check list will be justification for non-acceptance of the submitted sealed bid.

1. Page 4 – Certificate of Liability Insurance as indicated

2. Page 5 – Bid Bond

3. Page 7 – Exceptions to Specifications Sheet

4. Page 8 – Bid Form

5. Page 9 – References Sheet

6. Page 10 – Non-Collusion Affidavit

7. Page 11 – Bidder Declaration

8. Page 12 – Contractor E-verify Affidavit

Short-Form Construction Contract (EXAMPLE ONLY)

AGREEMENT

This Agreement is made and entered into this ____ day of ________________, 20__, by and between BULLOCH COUNTY, a political subdivision of the state of Georgia, acting by and through its governing authority, the Bulloch County Board of Commissioners (hereinafter “the

County”) and _____________________________________________ (hereinafter “the

Contractor”).

The County and the Contractor hereby agree as follows:

1. Scope of Work; Specifications. The Contractor shall furnish all labor, materials, and equipment and perform all of the work for the Project described as

(DESCRIBE PROJECT)

as set forth in this Agreement and in the scope of work, specifications, drawings, or other documents identified as:

A.

B.

The above-described documents are incorporated herein by reference and are as much a part of this Agreement as if fully set forth herein. Provided, however, that in the event of any conflict or ambiguity between the body of this Agreement and any above-described document, the body of this Agreement shall govern.

2. Time for Completion. The work shall commence upon the County’s issuance of a notice to proceed and shall be completed no later than ____ calendar days thereafter not to exceed the date of May 1, 2024. Time is of the essence for this contract.

3. Contract Sum. The County shall pay the Contractor for the performance of the work in total the sum of $_________________________.

4. Progress Payments. The County shall make monthly progress payments on account of the contract, less retainage of 0 %, based upon the Contractor’s submission to the County of an invoice detailing the work completed. The period covered by each invoice shall be one calendar month ending on the last day of the month, and payment shall be due within fifteen (15) days of the County’s receipt of the invoice; provided, however, that payments otherwise due may be withheld by the County on account of, but not necessarily limited to, the following reasons:

unsatisfactory job progress; defective construction which has not been remedied; disputed work;

third-party claims filed or reasonable evidence that a claim will be filed; failure of the Contractor or its subcontractors to make timely payments for labor, equipment, and materials; damage caused by the Contractor to the County, other contractors, or subcontractors; or reasonable evidence that the contract cannot be completed for the unpaid balance of the Contract Sum.

5. Acceptance and Final Payment. Final payment shall be due thirty (30) days after completion of the work and acceptance by the County, subject to the County’s right to withhold payment for the reasons stated in Section 4 of this Agreement.

6. Contract Documents. The contract includes this Agreement and any scope of work, specifications, drawings, or other documents incorporated herein by reference. This includes, but is not necessarily limited to, any documents attached to this Agreement as an exhibit. The intent of these documents is to include all labor, materials, appliances and services of every kind necessary for the proper execution of the work, and the terms and conditions of payment therefor. The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by all. Any conflict or ambiguity between the body of this Agreement and any document incorporated herein by reference shall be governed by the body of this Agreement. The Contractor shall be responsible for verifying any and all measurements set forth in the Contract Documents before commencing any work hereunder.

7. Materials, Appliances and Employees. Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and other items necessary to complete the work. Unless otherwise specified, all material shall be new, and both workmanship and materials shall be of good quality. All workmen and subcontractors shall be skilled in their trades.

8. Permits, Licenses and Regulations. The Contractor shall secure and pay for all permits and licenses necessary for the prosecution of the work. The Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall notify the County if the

Contract Documents are at variance therewith.

9. Protection of Work, Property and Persons. The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to his act or neglect.

10. Access to Work. The Contractor shall permit and facilitate the observation of the work by the County and its agents and public authorities at all times.

11. Changes in the Work. The County may order changes in the work, the Contract Sum and time for completion being adjusted accordingly. All such orders and adjustments shall be in the form of a written change order to the contract executed by both the County and the Contractor.

Claims by the Contractor for extra cost must be made in writing before executing the work involved.

12. Correction of Work. The Contractor shall re-execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work, and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from the date of completion of the contract and final acceptance of the work by the County unless the manufacturer of the equipment or materials has a warranty for a longer period of time, which warranties shall be assigned by Contractor to County. The provisions of this article apply to work done by subcontractors as well as to work done by direct employees of the Contractor.

13. Liquidated Damages. The County and the Contractor agree that time is of the essence of this contract and that the County’s damages will be difficult or impossible to estimate should the

Contractor fail to complete the Project within the specified time. Therefore, should the

Contractor fail to complete the Project within the specified time, the County and the Contractor agree that the Contractor shall pay to the County the sum of $ 0 per day as liquidated damages, and not as a penalty, for each calendar day that the Project continues beyond the specified completion date. The County shall have the right to withhold any liquidated damages from amounts otherwise due the Contractor.

14. No Damages for Delay. In the event that the Contractor is delayed in the performance of the Project for any reason whatsoever, including but not limited to action or inaction of the

County, another contractor or subcontractor, the Contractor shall not be entitled to any damages from the County for such delay, but the Contractor’s sole remedy shall be an extension of time.

15. County’s Right to Terminate Contract.

A. Termination for Cause. Should the Contractor neglect to prosecute the work properly, or fail to perform any provision of the contract, the County, after seven (7) days’ written notice to the Contractor and its surety, if any, may, without prejudice to any other remedy the County may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor or, at the County’s option, may terminate the contract and take possession of all materials, tools and appliances, and finish the Project by such means as the County sees fit; and if the unpaid balance of the

Contract Sum exceeds the expense of finishing the Project, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the County.

B. Termination for Convenience. The County shall also have the right to terminate this contract at any time for any reason by giving at least thirty (30) days’ written notice to the Contractor. In such event, the Contractor will be paid a fair and reasonable payment as determined by the County for the work completed as of the date of termination.

16. Insurance. Contractor shall purchase from and maintain with a company or companies authorized to do business in the state of Georgia the following types of insurance:

A. Statutorily required workers’ compensation insurance.

B. Commercial general liability insurance, with an endorsement naming the

County as an additional insured, and with limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate.

C. Motor vehicle liability insurance with limits of not less than $1,000,000.00 for bodily injury to or death of one person in any one accident, and not less than

$2,000,000.00 because of bodily injury to or death of two or more persons in any one accident; and not less than $250,000.00 because of injury to or destruction of property.

17. Builder’s Risk Insurance. If required, as indicated below, either the County or the

Contractor shall purchase and maintain, with a company authorized to do business in the state of

Georgia, property insurance written on a builder’s risk “all-risk” or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the

County has an insurable interest in the Project. The insurance shall include interests of the

County, the Contractor, Subcontractors and Sub-subcontractors in the Project and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements. The County’s purchase of builder’s risk through the ACCG-IRMA interlocal risk pool shall satisfy any obligation the County may have under this Section. Builder’s Risk

Insurance shall be provided as follows:

( X ) Not required.

( ) Furnished by County.

( ) Furnished by Contractor.

18. Payment and Performance Bonds. If indicated below, the Contractor shall furnish to the

County prior to the start of construction payment and performance bonds in an amount equal to one hundred percent (100%) of the Contract Sum from a surety licensed to do business in the state of Georgia.

A. Payment Bond: Required (X) Not Required ( )

B. Performance Bond: Required (X) Not Required ( )

19. Separate Contracts. The County has the right to let other contracts in connection with the

Project and the Contractor shall properly cooperate with any such other contractors.

20. Attorney’s Fees and Expenses. Should the Contractor default in any of the provisions of this Agreement, and should the County employ an attorney to enforce any provision hereof or to collect damages for breach of this Agreement or to recover on any payment or performance bond furnished by the Contractor, the Contractor and its surety agree to pay the County such reasonable attorney’s fees and expenses of litigation as the County may expend herein.

21. Cleaning Up. The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the Project he shall remove from the premises all rubbish, implements and surplus materials and leave the Project premises broom-clean.

22. Indemnification. The Contractor agrees to indemnify, hold harmless, and defend the

County, its officials, and employees (hereinafter collectively “the indemnitees”) from and against any and all claims, damages, liabilities, suits, proceedings, costs, and expenses of litigation

(including, without limitation, reasonable attorney’s fees) related to or arising in any way out of the performance of this Agreement, unless such is attributable to the sole negligence of the indemnitees. The indemnity obligation of the Contractor will survive the expiration or termination of this Agreement.

23. Prevailing Wages. The hourly minimum rate of wage which may be paid to laborers, workers or mechanics in each trade or occupation to be employed in the performance of this

Agreement shall not be less than such specified hourly minimum rate of wage in the performance of this Agreement as required by law.

24. Notices. Any notices required or permitted pursuant to this Agreement shall be in writing and may be effected by U.S. mail or by facsimile. Mailed notices shall be deemed to have been received on the date of acknowledgment on any return receipt or three days after deposit in the

U.S. mail with proper postage affixed, whichever date is earlier. Notices by facsimile shall be deemed to have been received on the date on the sending party’s facsimile confirmation sheet.

Notices to the COUNTY shall be sent to the following address:

Bulloch County Board of Commissioners

Attn: County Manager

115 N Main Street

Fax #: (912) 764-8634

With a copy to:

Jeff S. Akins, Esq.

County Attorney

115 N Main Street

Fax #: (912) 764-8634

Notices to the CONTRACTOR shall be sent to the following address:

25. No Waiver. No failure on the part of either party to this Agreement at any time to require performance by the other party of any term of this Agreement shall be taken or held to be a waiver of such term or in any way affect such party’s right to enforce such term, and no waiver on the part of either party of any term of this Agreement shall be taken or held to be a waiver of any other term hereof or the breach thereof.

26. Assignment. This Agreement may not be assigned by either party without the written consent of the other party, and any purported assignment without such written consent shall be null and void. In the event of a valid assignment, this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

27. Immunity. Nothing contained in this Agreement shall be construed or deemed to be a waiver of any immunity to which the parties, their officials, or employees are legally entitled.

28. Legal Construction; Severability. This Agreement shall be governed by the laws of the state of Georgia. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement and this

Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it.

29. Entire Agreement; Amendment. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof, and all prior agreements relating to the subject matter hereof, whether written or oral, are nullified and superseded hereby, and neither party shall have any further rights or obligations under such superseded agreements. This

Agreement may be amended or supplemented only by the mutual consent of the contracting parties in writing signed by all parties to this Agreement.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written.

CONTRACTOR BULLOCH COUNTY

By:________________________________ By:_________________________________

County Manager

Title:______________________________

Attest:_____________________________ Attest:______________________________

County Clerk

Title:______________________________