Document Washingtoncountyga_doc_6527bb71ed

Washington County Board of Commissioners Request for Proposal RFP 2024-004 to provide General Contracting Construction Services for the Historic Washington County Courthouse Window Restoration Project Issue Date: 29 January 2024 Mandatory on-site Pre-Proposal Conference 16 February 2024, 11:00 AM EST at the Washington County Courthouse 132 W. Haynes Street Sandersville, Georgia 31082 Submissions are due no later than 08 March 2024, 11:00 AM EST ---PAGE BREAK--- Advertisement of Request for Proposal Washington County Courthouse Historic Window Restoration Project RFP #2024-004 The Washington County Board of Commissioners will be receiving sealed proposals for General Contracting Services for the Washington County Courthouse Historic Window Restoration Project until 11:00 AM EST, 08 March 2024. All proposals must be submitted via mail or hand delivery. A MANDATORY Pre-proposal conference will be held at 11:00 AM EST, 16 February 2024. Attendees will meet at the main entrance to the Courthouse, located at 132 W. Haynes Street, Sandersville, GA 31082. General Contractor and all subcontractors must obtain a business license and be fully insured. The successful Proposer shall secure and pay for all permits, assessments, charges, or fees required in connection with the proposed project. Each proposal will be considered by the Washington County Board of Commissioners, taking into consideration specific evaluation factors, as set forth in the Request for Proposal. The County reserves the right to reject any or all Proposals, including without limitation, the right to reject any Proposal that the County believes would not be in the best interest of the Project. Digital copies of the Proposal Documents may be obtained by visiting the Georgia Procurement Registry, the Washington County Bid Postings web page at or by contacting Washington County Administrator Derick Durden at (478) 552-2325 or [EMAIL REDACTED]. 29 January 2024 Washington County Board of Commissioners Washington County Board of Commissioners RFP #2024-004 ---PAGE BREAK--- SECTION 1: REQUEST FOR PROPOSALS OVERVIEW AND PROCEDURES A. PURPOSE: The Washington County Board of Commissioners are requesting competitive sealed proposals for General Contractor Construction Services for the Washington County Courthouse Historic Window Restoration Project . Instructions for preparation and submission of a proposal are contained in this packet. B. PROJECT DESCRIPTION: The project entails the repair and restoration of historic windows in the 1899 Washington County Courthouse and 1938 Annex. Windows in the Courthouse and Annex are a combination of wood hung-sash units and steel hung-sash units. Repair and reconditioning of steel fire shutters associated with the steel window units is included in the project scope of work. Certain wood windows at the fourth floor are heavily damaged and will be replaced with new wood or clad-wood double-hung units. In addition to painting windows, the project scope includes the preparation and repainting of painted surfaces on the courthouse exterior, including the tower. Note that the Washington County Courthouse will remain in operation during the execution of the Work. Proposals must account for continued building operations and protection of occupants and building systems as part of their Proposals. C. GENERAL CONTRACTOR’S SCOPE OF SERVICES: The General Contractor’s (GC) services shall include all Pre-Construction, Construction, and Warranty Phase services. The GC will provide comprehensive administration and management of all aspects of the construction of the Project and will work in concert with the Architect and Owner towards the successful completion of the project on schedule, at or below budgeted costs, meeting or exceeding standards stipulated by the Contract Documents, and in adherence with standards required by authorities having jurisdiction. The Proposer shall assemble and manage an appropriate team of qualified professionals capable of implementing all requirements of the Project, as outlined in the RFP. If a Proposal is submitted by a team of individuals or firms, the Proposal shall clearly define the lead firm making the Proposal. The Owner may consider minor, reasonable revisions to the requirements stated herein as part of the General Contractor’s proposal provided there is evidence of improved operation, use, or benefit to the owner. Any and all such deviations must be specifically and individually identified and justified in the General Contractor’s proposal. Deviations not identified in the proposal will not be considered. The GC shall competitively select all construction subcontracts and other work appropriate for competitive selection but is free to use qualification factors other than price of work to select construction subcontractors that will deliver the best value to the Owner. During the construction phase, the GC will be responsible for means and methods of construction, safety programs, quality control, general conditions, prequalification of potential subcontractors and bidding of all work, certification of all work in place required for payment requests, coordination, scheduling of all work associated with all construction contracts and other miscellaneous contracts required for the completion of the project within the predetermined budget and schedule. The GC will assist Owner in management and administration of the project except that the Owner shall retain complete contractual control of all prime GC contracts, project funds, and disbursements. The GC shall retain all normal responsibilities for cost control, schedule and quality assurance including normal construction administration responsibilities. Washington County Board of Commissioners RFP #2024-004 ---PAGE BREAK--- The successful GC may not, at the owner’s discretion, be eligible to bid or enter a contract or subcontract for any of the construction or other services other than as set forth in the Contract. D. PROPOSER INSURANCE AND BONDING REQUIREMENTS: The attached Washington County Contract for Services describes required insurance and bonding requirements for this Project. E. INFORMATION FOR PROPOSERS: 1. ACCESS TO PROPOSAL DOCUMENTS: Digital copies of the Proposal Documents may be obtained by visiting the Georgia Procurement Registry, the Washington County Bid Postings web page at or by contacting Washington County Administrator Derick Durden at (478) 552-2325 or [EMAIL REDACTED]. 2. RFP TIMETABLE: EVENT DATE TIME Mandatory Pre-Proposal Conference 16 February 2024 11:00 AM EST Deadline for submission of RFIs 23 February 2024 12:00 PM EST Deadline for receipt of submissions 08 March 2024 11:00 AM EST 3. PRE-PROPOSAL CONFERENCE: A mandatory pre-proposal conference will be conducted at 11:00 AM EST, 16 February 2024. Attendees should convene outside the main entrance to the Washington County Courthouse at 132 W. Haynes Street, Sandersville, GA 31082. Additional information may be provided prior to or at the conference for review. 4. REQUESTS FOR INFORMATION (RFIs): RFIs must be submitted in writing no later than 12:00 noon EST, 23 February 2024 to Derick Durden, Washington County Administrator, 119 Jones Street, Sandersville, GA 31082, or by email: [EMAIL REDACTED]. Questions received after this time will not receive a response. 5. ADDITIONAL INFORMATION/ADDENDA: Answers to questions submitted that materially change the conditions and specifications of this RFP will be distributed to all Proposer addressees as addenda. Any discussions or documents will be considered non- binding unless incorporated and distributed in an addendum. Proposers should frequently check with Georgia Procurement Registry and/or the Washington County Bid Postings web page during the bidding process to verify that they have received all issued addenda. While every attempt is made to make sure that registered Proposers receive notice of addenda, proposers have the responsibility of making sure that they have received all issued addenda. Addenda are required to be signed and returned with the proposal submittal. 6. SUBMISSION INSTRUCTIONS: Please note that electronic submissions will not be accepted for this project. Hand-delivery or mail delivery is acceptable. Washington County Board of Commissioners RFP #2024-004 ---PAGE BREAK--- Proposals must be received at the Washington County Administrator’s Office no later than 11:00 AM EST, 08 March 2024. The office is located at 119 Jones Street, Sandersville, GA 31082. Proposals received after this date and time will not be accepted. The Washington County Board of Commissioners accepts no responsibility for non-receipt and/or delays in receipt. • Submissions must include a cover that has the Proposer‘s name, address, telephone number, and the title RFP #2024-004 Washington County Courthouse Historic Window Restoration Project • Submissions must be signed by an officer or employee of the company, legally authorized to enter into a contractual relationship in the name of the Proposer 7. LATE QUALIFICATIONS, LATE MODIFICATIONS AND LATE WITHDRAWALS: Submissions received after the submission due date and time will not be considered. Modifications received after the submission due date will not be considered. Washington County shall bear no responsibility for the premature opening of a submission package not properly addressed and identified, and/or delivered to the proper destination. A Proposer may withdraw their proposal before the proposal due date, without prejudice to the Proposer, by submitting a written request of withdrawal to Derick Durden, Washington County Administrator, via mail or email. 8. REJECTION OF SUBMISSIONS: The Washington County Board of Commissioners may reject any and all proposals and must reject a proposal of any party who has been delinquent or unfaithful in any formal contract with Washington County. Also, the right is reserved to waive any irregularities or informalities in any proposal in the proposing procedure. Washington County shall be the sole judge as to which proposal is best, and in ascertaining this, will take into consideration the business integrity, financial resources, facilities for performing the work, and experience in similar operations of the various proposers. 9. NON-COLLUSION AFFIDAVIT: By submitting a proposal, the proposer represents and warrants that such proposal is genuine and not sham or collusive or made in the interest or in behalf of any person not therein named, that the proposer has not directly or indirectly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from proposing and that the proposer has not in any manner sought by collusion to secure to that proposer any advantage over any other proposer. By submitting Submissions, the Proposer represents and warrants no official, employee or agent of Owner or Authority has been offered, has accepted, or has been contracted to accept, either directly or indirectly, any part of the pay or profit arising out of the contract(s) that may result from this RFP. 10. DEBARRED, SUSPENDED, OR INELIGIBLE FIRMS: Contracts will not be executed and bids or proposals will not be solicited or considered from debarred, suspended or ineligible persons or firms during the period of debarment. Washington County Board of Commissioners RFP #2024-004 ---PAGE BREAK--- 11. SMALL AND MINORITY BUSINESS ENTERPRISES: It is the policy of the State of Georgia that small businesses, female-owned businesses and minority businesses have a fair and equal opportunity to participate in the State purchasing process. Therefore, the Owner encourages all small businesses, female-owned businesses and minority-owned businesses to compete for contracts to provide goods, services, and construction, and encourages contractors to solicit female-owned businesses and minority-owned businesses in procuring subcontractors and suppliers. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provides ample opportunity for business growth and development. Contractors and subcontractors who utilize qualified minority subcontractors may qualify for Georgia state income tax credits for qualified payments made to minority subcontractors. See Official Code of Georgia Annotated (O.C.G.A.) O.C.G.A. Section 48-7-38. 12. PROJECT ORGANIZATION: The Washington County Board of Commissioners is the governing body and has authorized the County Administrator to administer this project. 13. SELECTION PROCESS: The successful GC will be determined from the evaluation of Proposals received and interviews. Criteria for the evaluation of Proposals are as follows: 30% Factor Relevance of the experience and qualifications of the proposed GC team to this project, including: Experience of the construction team, including project manager and superintendent working together on past similar projects; Assigned team’s experience with projects of similar size, type, and complexity; Assigned team’s experience with effective budget control; Assigned team’s experience with effective schedule control; Availability of the proposed team for this project; Experience of the proposed team effectively dealing with construction of similar projects. 30% Factor Previous performance of the firm including level of quality of the services of the firm to previous customers, customer’s statements of that quality, the firm’s ability to meet established time requirements, the firm’s response to project needs during pre- construction and construction, the firm’s control of construction quality and budget. 40% Factor Proposed Project Cost Upon completion of the Selection Committee’s evaluation of Proposals, Proposers will be ranked in descending order of recommendation. In the event a satisfactory fixed fee cannot be reached with the highest-scoring firm, the Owner will formally terminate the negotiations in writing and open negotiations with the second highest-scoring firm, and so on until a mutually agreed upon fixed fee is established. Once the successful GC and the agreed-upon fixed fee have been determined, a Washington County Contract for Services will be executed between the selected Proposer and the Washington County Board of Commissioners. Washington County Board of Commissioners RFP #2024-004 ---PAGE BREAK--- 14. FORM OF CONTRACT: The Owner-Contractor Agreement to be used for the Project will be the Washington County Contract for Services, an example of which is included in this document. Under the Contract, the General Contractor (GC) will supply Construction Services to complete the project in a “turnkey” fashion. The GC is “at risk” for project price, project schedule, and completion of all construction as set forth in the Contract Documents. The GC holds all trade contracts and trade supplier contracts. 15. DOCUMENTS DEEMED PART OF THE CONTRACT: The executed Contract for Services, this notice and instructions for Proposers, the construction documents, and addenda, if any, will be deemed part of the Contract Documents. F. STATEMENT OF AGREEMENT: With submission of a Proposal, the Proposer agrees that he/she has carefully examined the Request for Proposal, and the Proposer agrees that it is the Proposer’s responsibility to request clarification on any issues in any section of the Request for Proposal with which the Proposer disagrees or needs clarified. The Proposer also understands that failure to mention these items in the Proposal will be interpreted to mean that the Proposer is in full agreement with the terms, conditions, specifications and requirements therein. Washington County Board of Commissioners RFP #2024-004 ---PAGE BREAK--- SECTION 2: CONSTRUCTION SERVICES PROPOSAL (EXHIBITS and A. QUALIFICATIONS AND EXPERIENCE OF PROPOSED GENERAL CONTRACTOR: A1 Describe your firm's proposed organization to provide Construction Services for the Project. Designate the specific individuals to fill the following key roles on your team: • Project Director • Project Manager • Superintendent • Other (please describe, if applicable) A2 Provide for each of the above personnel current resumes listing relevant project experience and percentage of the person’s time to be committed to this project. A3 Identify the individual who, from project start to finish, will be the principal point of contact between your firm and the Owner and Architect, and other consultants. Provide detailed information on the qualifications of this individual and the direction, authority, and management tools that will be provided to the individual by the firm. B. MANAGEMENT PLAN: B1 Describe your process for efficiently resolving issues and maintaining the project commitments working collaboratively with the Architect and Owner. Provide specific examples demonstrating your ability to solve complex project issues related to construction without compromising your team commitments. B2 Provide your management plan for maintaining continued building operations, building security, occupant safety, and integrity/operability of building systems and finishes during the execution of the proposed Work. Describe proposed phasing or scope compartmentation, if any, that may be explored to minimize the simultaneous impact of the Work on multiple county offices and/or functions. B3 Provide your detailed schedule management plan for this project, during construction. Describe systems and procedures your firm uses to manage the project schedule. B4 Provide your detailed subcontractor management plan including, contract document compliance procedures, project accounting procedures, and issue resolution. B5 Provide your closeout management plan for this project. Describe your systems and procedures for your closeout plan. B6 Provide your quality assurance plan for this project. Describe your firm’s approach for validating compliance with the construction documents. Explain your process for ensuring the quality of the construction workmanship. B7 Describe your proposed start date, duration of Work, and your proposed date of substantial completion for the Project. Note that the Washington County Contract for Services includes a liquidated damages clause into which the provided schedule information will be entered. Washington County Board of Commissioners RFP #2024-004 ---PAGE BREAK--- EXHIBIT C: CERTIFICATION FORM I, name, being duly sworn, state that I am title of company and hereby duly certify that I have read and understand the information presented in the attached proposal and any enclosure and exhibits thereto. I further certify that to the best of my knowledge the information given in response to the request for proposals is full, complete and truthful. I further certify that the proposer and any principal employee of the proposer have not, in the immediately preceding five years, been convicted of any crime of moral turpitude or any felony offense, nor has had their professional license suspended, revoked or been subjected to disciplinary proceedings. I further certify that the proposer and any principle employee of the proposer have not, in the immediately preceding five years, been suspended or debarred from contracting with any federal, state or local government agency, and further, that the proposer is not now under consideration for suspension or debarment from any such agency. I further certify that the proposer or any principal employee of the proposer has not in the immediately preceding five years been defaulted in any federal, state or local government agency contract, and further, that the proposer is not now under any notice of intent to default on any such contract or have been terminated for cause on any such contract. I acknowledge, agree and authorize, and certify that the proposer acknowledges, agrees and authorizes, that the Washington County Board of Commissioners may, by means that either deems appropriate, determine the accuracy and truth of the information provided by the proposer and that the Washington County Board of Commissioners may contact any individual or entity named in the Statement of Qualifications for the purpose of verifying the information supplied therein. I acknowledge and understand the successful Proposer will be required to certify compliance with the Immigration Reform Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act OCGA 13-10-90 et.seq., by meeting or having complied with the provisions in the Act and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01: Contractor will also be required to warrant that Contractor has included a similar provision in all written agreements with any subcontractors engaged to perform services under this Contract. I acknowledge and agree that all of the information contained in the Statement of Qualifications is submitted for the express purpose of inducing the Owner to award a contract. A material false statement or omission made in conjunction with this proposal is sufficient cause for suspension or debarment from further contracts, or denial of rescission of any contract entered into based upon this proposal thereby precluding the firm from doing business with, or performing work for, the State of Georgia. In addition, such false statement or omission may subject the person and entity making the proposal to criminal prosecution under the laws of the State of Georgia of the United States, including but not limited to O.C.G.A. §16-10-20, 18 U.S.C. §§1001 or 1341. Sworn and subscribed before me this the Signature of Notary Public My Commission Expires: Washington County Board of Commissioners RFP #2024-004 ---PAGE BREAK--- EXHIBIT D: CONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91(b)(1) (Failure to submit this form will result in rejection of your Qualifications) Project No: Project Name: Contractor: STATE OF GEORGIA COUNTY OF: 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 engaged in the physical performance of services on behalf of the Washington County Board of Commissioners has registered with, is authorized to use and used the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. §13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. §13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 20__ in (city), (state). Signature of Authorized Officer or Agent of Contractor Printed Name and Title of Authorized Officer or Agent Sworn and subscribed before me this the of . Notary Public My Commission Expires: Washington County Board of Commissioners RFP #2024-004 ---PAGE BREAK--- EXHIBIT E: DISCLOSURE STATEMENT All proposers should be aware that the project you are submitting a proposal on is a public project, and the Owner (Washington County Board of Commissioners) is a public agency. Pursuant to the laws, rules and Executive Orders of the State of Georgia, the Washington County Board of Commissioners shall make every effort to avoid even the appearance of a conflict of interest or any impropriety in both the selection process for this project and the negotiation and performance of any resulting contract. As part of any submittal you intend to make for this project, you must include this Disclosure Statement with your submittal that answers or addresses the following specific statements: 1. Describe any business transactions occurring within the prior two years between your firm and the Washington County Board of Commissioners 2. Describe any gift, hospitality, or benefit of any sort that your firm has provided to the Washington County Board of Commissioners, or any member thereof, within the prior one-year period 3. A conflict of interest or potential conflict of interest is defined as any action, decision, or recommendation by a person acting in a capacity as a public official, the effect of which is or could be to the private monetary or financial benefit or detriment of the person, the person’s relative, or any business with which the person or a relative of the person is associated. The potential conflict of interest is viewed from the perspective of a reasonable person who has knowledge of the relevant facts. Based upon this definition, describe any conflict of interest or potential conflict of interest that your firm has with Washington County Board of Commissioners This Disclosure Statement should be dated and signed by an authorized signator for the Proposer and submitted with the Proposer’s Submittal. Please respond to all three statements above. Use a separate sheet as necessary. Name of Firm Authorized Signature Date Washington County Board of Commissioners RFP #2024-004 ---PAGE BREAK--- Washington County Contract For Services Rev: May 28, 2014 WASHINGTON COUNTY CONTRACT FOR SERVICES This Agreement is made this day of 2024, between the Washington County Board of Commissioners, (“Client”) and (“Contractor”), with a principal place of business at . . Contractor is: An individual; A partnership or LLP; *A corporation or LLC whose full legal name is . ARTICLE 1 TERM OF CONTRACT This Agreement shall become effective on the date mentioned above and will continue in effect until the earlier of the “The Work” being completed and accepted by the Client or until , after which this contract will be terminated. ARTICLE 2 SERVICES TO BE PERFORMED BY CONTRACTOR Contractor agrees to perform the “The Work” to be defined and specified as those items contained in the “Description of Services” attached to this Agreement as Exhibit and incorporated in this Agreement by reference. 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 Client. 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. Any provisions of this Agreement that may appear to give the Client the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise control over such services will be deemed to mean that Contractor shall follow the directions of the Client with regard to the results of such services. Page of 1 11 ---PAGE BREAK--- Washington County Contract For Services Rev: May 28, 2014 ARTICLE 3 COMPENSATION In consideration for the services to be performed by Contractor, Client agrees to pay Contractor as per the prices outlined in Exhibit B. Client agrees to pay the consideration set forth above as set forth in Exhibit attached hereto, which is hereby incorporated by reference. ARTICLE 4 OBLIGATIONS OF CONTRACTOR Contractor agrees to perform the Work described in “Exhibit A” to the satisfaction of Client in a timely manner. Licenses, Permits, Etc. The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits, or the like required by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement; provided that some permits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. The Contractor shall furnish copies of all such permits, licenses, or approvals to the Client’s Representative within ten (10) days after issuance. Warranty Except as may be otherwise specified or agreed, the Contractor shall repair or replace all defective materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the Client. An inspection shall be conducted by the Client or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolve by the Contractor. After the expiration of such warranty, Client shall be responsible for repairing issues resulting from normal wear and tear and shall be responsible for general maintenance of the equipment; however, expiration of such warranty period shall not affect the Contractor’s continued liability under an implied warranty of merchantability and fitness. All other warranties implied by law, including fitness for a particular purpose and suitability, are hereby preserved and shall apply in full force and effect beyond the one-year period. Contractor agrees that any services described in this Agreement that must be performed on Client’s premises will be performed during Client’s regular business hours. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Contractor without the prior written consent of Client. ARTICLE 5 HOLD-HARMLESS AND INDEMNIFICATION CLAUSE Page of 2 11 ---PAGE BREAK--- Washington County Contract For Services Rev: May 28, 2014 The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the Client, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers, agents, and lenders “Client Affiliates”) from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney’s fees and costs of defense (hereinafter “Liabilities”) which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the Client or Client Affiliates. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the Client or Client Affiliates by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Client and Client Affiliates shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. ARTICLE 6 INSURANCE REQUIREMENTS General Insurance, Workers’ Compensation Clause Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance protecting against claims for injuries to persons or damages to property which may arise from or in connection which the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the Client’s Attorney to form and content. Minimum Limits of Insurance: Contractor shall maintain insurance policies with coverage and limits no less than: 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. Page of 3 11 ---PAGE BREAK--- Washington County Contract For Services Rev: May 28, 2014 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. 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. Professional Insurance (Errors and Omissions) is required for CPA’s, attorneys, architects and insurance agents. Self-Insured Retentions: Any self-insured retention must be declared to and approved by the Local Government so that the Local Government may ensure the financial solvency of the Contractor; self-insured retention should be included on the certificate of insurance. Other Insurance Provisions: The policy is to contain, or be modified or endorsed to contain, the following provisions: General Liability and Automobile Coverage. i. The Client and Client Affiliates shall be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Client or Client Affiliates. ii. The Contractor’s insurance coverage shall be primary and noncontributing insurance as respects to any other insurance or self-insurance available to the Client or Client Affiliates. Any insurance or self-insurance maintained by the Client or Client Affiliates shall be in excess of the Contractor’s insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Client or Client Affiliates. iv. Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought. v. Coverage shall be provide on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. vi. The insurer shall agree to waive all rights of subrogation against the Client or Client Affiliates for losses arising from work performed by the Contractor for the Client. vii. All endorsements to policies shall be executed by an authorized representative of the insurer. Page of 4 11 ---PAGE BREAK--- Washington County Contract For Services Rev: May 28, 2014 Workers’ Compensation Coverage. The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Client and Client Affiliates for losses arising from work performed by the Contractor for the Client Affiliates. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) days prior written notice (or 10 days if due to non-payment) has been given to the Client. Such notice shall be sent directly to: Washington County Board of Commissioners Attn: County Administrator/Clerk P. O. Box 271 119 Jones Street Sandersville, GA 31081 Acceptability of Insurers. Insurance is to be placed with insurers with an A.M. Best Rating of no less than VII. Verification of Coverage. Contractor shall furnish the Client with certificate of insurance and endorsements to the policies evidencing coverage required by this Article prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insure to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the Client prior to execution of this Agreement by the Client. The Client reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six years after termination or final payment under the Agreement, whichever is later. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the parties as additional insureds. ARTICLE 7 OBLIGATIONS OF CLIENT Client agrees not to withhold approval and acceptance of Contractor’s services unreasonably. Page of 5 11 ---PAGE BREAK--- Washington County Contract For Services Rev: May 28, 2014 Client agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor’s duties under this Agreement. Client agrees to furnish reasonably necessary space on Client’s premises for use by Contractor while performing the services under this Agreement. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Client without the prior written consent of Contractor. ARTICLE 8 DAMAGES It is acknowledged and agreed upon that the Contractor’s failure to achieve completion of the Work by the deadline agreed upon by the parties (insert date), or failure to begin the Work on the date agreed upon by the parties (insert date), will cause the County to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the County at the time of signing of this contract. The parties agree and stipulate that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, the Contractor agrees that liquidated damages may be assessed and recovered by the County as against Contractor and its Surety, in the event of delayed completion and without the County being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore, the Contractor shall be liable to the County for payment of liquidated damages in the amount of One-Thousand Dollars ($1,000.00) for each day that completion of the Work is delayed beyond the deadline, or for each day after the date that the Work is to begin, as adjusted for time extensions provided by this agreement. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and Contractor shall pay them to County without limiting County’s right to terminate this agreement for default as provided elsewhere herein. ARTICLE 9 TERMINATION OF AGREEMENT Notwithstanding any other provision of this Agreement, the County may terminate this Agreement at any time by giving 10 days’ written notice to Contractor. Unless otherwise terminated as provided in this Article, in Article 1 above, or in Article 9 below, this Agreement shall continue in force until the earlier of; the services provided for under this agreement having been performed, or until December 31st of the year in which executed. This agreement shall also terminate automatically on the occurrence of any of the following events: Bankruptcy or insolvency of the Contractor Death or dissolution of the Contractor Page of 6 11 ---PAGE BREAK--- Washington County Contract For Services Rev: May 28, 2014 Assignment of this Agreement by either party without the consent of the other party. ARTICLE 10 TERMINATION FOR BREACH OF AGREEMENT Upon delivery of written notice to the Contractor, the Client may immediately terminate the whole or any part of this Agreement if: 1. The Contractor fails to provide services called for by this Agreement within the time specified herein or any extension thereof; or 2. The Contractor fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from the Client, fails to correct such failures within ten days or such longer period as the Client may authorize in writing. The rights and remedies of the Client provided in the above clause related to defaults (including breach of contract) by the Contractor shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. Any such termination of this Agreement, other than from breach of contract, shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. ARTICLE 11 WAIVERS AND EXCEPTIONS No failure by Client to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of Client at variance with the terms and conditions of this agreement shall constitute a general waiver of any future breach or default or affect the Client’s right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. ARTICLE 12 GENERAL PROVISIONS Any notices to be given under this Agreement by either party shall be in writing and delivery shall be affected either by personal service or by registered or certified mail. Notices delivered personally will be deemed communicated at the time of delivery. Mailed notices will be deemed communicated three business days after mailing. Page of 7 11 ---PAGE BREAK--- Washington County Contract For Services Rev: May 28, 2014 This Agreement supersedes any and all agreements, both oral and written, between the parties with respect to the rendering of services by Contractor for Client 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 Agreement. Any modification of this Agreement will be effective only if set forth in writing and signed by the party to be charged. Contractor warrants that Contractor will not, in the performance of this contract, illegally discriminate on the basis of race, color, sex, or national origin. This Agreement will be governed by and construed in accordance with the laws of the State of Georgia. If any provision in this Agreement 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 Agreement, any moneys that may be due to Contractor from Client 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. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney’s fees in addition to any other relief to which that party may be entitled. The attorneys’ fees may be set by the court in the same action or in a separate action brought for that purpose. ARTICLE 13 PERFORMANCE BOND For all contracts with a value in excess of $500,000, a performance bond shall be required that shall cover the contractor’s fulfillment of its performance and payment obligations arising under this Agreement. The cost of the bonds shall be included in the contract price. The amount of said bond shall be equal to 100% of the contract price. Bonds shall be accepted only as original, fully-executed documents on the form adopted by Client and shall be obtained through a surety authorized and licensed by the Georgia Insurance Commissioner and rated at least by A. M. Best. ARTICLE 14 AUTHORITY TO EXECUTE AND ENTER AGREEMENT Page of 8 11 ---PAGE BREAK--- Washington County Contract For Services Rev: May 28, 2014 By his, her, or their signature(s) below, the person or persons signing on behalf of Contractor warrant that they are authorized to sign on behalf of Contractor; 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 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. Executed in Sandersville, Georgia, on the date first written above. CLIENT Washington County Board of Commissioners By: Horace Daniel, Chairman ATTEST CONTRACTOR By: ATTEST Page of 9 11 ---PAGE BREAK--- Washington County Contract For Services Rev: May 28, 2014 EXHIBIT A: DESCRIPTION OF SERVICES: The Contractor will perform the following services: Additional Items to be Discussed and Pricing Agreed Upon: The Contractor will be responsible for all labor, equipment, and any other items required to complete the work. Page of 10 11 ---PAGE BREAK--- Washington County Contract For Services Rev: May 28, 2014 EXHIBIT B: PAYMENT OF SERVICES The Contractor shall be paid for the work completed and satisfactory inspection by the Administrator in the amount of . Any additional work or items that may be required or recommended shall be discussed with a cost negotiated and agreed upon by both parties before the additional work begins. Page of 11 11