27050-A: Kiwanis Park Field #7 Fencing, Dugout & Backstop

GENERAL TERMS AND CONDITIONS
RFQ 27050-A: Kiwanis Park Field #7 Fencing, Dugout & Backstop
1. Definitions:
a. Responder: A company or individual who submits a quote in response to this RFQ.
b. Successful Responder: The Responder that is awarded a contract.
c. Contractor: The Successful Responder, upon execution of the contract.
d. County: Fayette County, Georgia.
2. Quote is Offer to Contract: Each quote constitutes an offer to become legally bound to a
contract with the County, incorporating the Request for Quotes and the Responder's quote. The
binding offer includes compliance with all terms, conditions, special conditions, specifications,
and requirements stated in the Request for Quotes, except to the extent that a Responder takes
written exception to such provisions, and the County agrees to the exceptions. All such terms,
conditions, special conditions, specifications, and requirements will form the basis of the
contract. The Responder should take care to answer all questions and provide all requested
information, and to note any exceptions in the quote submission. Failure to observe any of the
instructions or conditions in this Request for Quotes may result in rejection of the quote.
3. Binding Offer: To allow sufficient time for a contract to be awarded, each quote shall
constitute a firm offer that is binding for ninety (90) days from the received by date to the date of
award.
4. References: Include with your quote a list of three (3) jobs that your company has done that
are of the same or similar nature to the work described in this Request for Quotes, on the
form provided. Include all information as requested on the form.
5. Preparation Costs: The Responder shall bear all costs associated with preparing the quote.
6. More Than One Quote: Do not submit alternate quotes or options, unless requested or
authorized by the County in the Request for Quotes. If a Responder submits more than one
quote without being requested or authorized to do so, the County may disqualify the quotes from
that Responder, at the County's option.
7. Defects or Irregularities: The County reserves the right to waive any defect or irregularity in
any quote received. In case of a discrepancy between unit prices and extended prices, the unit
price will govern unless the facts or other considerations indicate another basis for correction of
the discrepancy.
8. Brand Name: If items in this Request for Quotes have been identified, described or referenced
by a brand name or trade name description, such identification is intended to be descriptive, but
not restrictive and is to indicate the quality and characteristics of products that may be offered.
Alternative products may be considered for award if clearly identified in the quote. Items
offered must meet required specifications and must be of a quality which will adequately serve
the use and purpose for which intended.
9. Prices Held Firm: Prices quoted shall be firm for the period of the contract, unless otherwise
specified in the quote. All prices for commodities, supplies, equipment, or other products shall
be quoted FOB Destination, Fayette County or job site.
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10. Responder Substitutions: Responders offering substitutions or deviations from specifications
stated in the Request for Quotes, shall list such substitutions or deviations on the "Exceptions to
Specifications" sheet provided, or on a separate sheet to be submitted with the quote. The
absence of such list shall indicate that the Responder has taken no exception to the
specifications. The evaluation of quotes and the determination as to equality and acceptability of
products or services offered shall be the responsibility of the County.
11. Non-Collusion: By responding to this Request for Quotes, the Responder represents that the
quote is not made in connection with any competing Responder, supplier, or service provider
submitting a separate response to this Request for Quotes, and is in all respects fair and without
collusion or fraud.
12. Ethics - Disclosure of Relationships: Before a proposed contract in excess of $10,000.00 is
recommended for award to the Board of Commissioners or the County Administrator, or before
the County renews, extends, or otherwise modifies a contract after it has been awarded, the
Contractor must disclose certain relationships with any County Commissioner or County
Official, or their spouse, mother, father, grandparent, brother, sister, son or daughter related by
blood, adoption, or marriage (including in-laws). A relationship that must be reported exists if
any of these individuals is a director, officer, partner, or employee, or has a substantial financial
interest the business, as described in Fayette County Ordinance Chapter 2, Article IV, Division 3
(Code of Ethics).
If such relationship exists between your company and any individual mentioned above, relevant
information must be presented in the form of a written letter to the Director of Purchasing. You
must include the letter with any bid, proposal, or price quote you submit to the Purchasing
Department.
In the event that a Contractor fails to comply with this requirement, the County will take action
as appropriate to the situation, which may include actions up to and including rejection of the bid
or offer, cancellation of the contract in question, or debarment or suspension from award of a
County contract for a period of up to three years.
13. Evaluation: Award will be made to the lowest responsive, responsible Responder, taking into
consideration payment terms, vendor qualifications and experience, quality, references, any
exceptions listed, and/or other factors deemed relevant in making the award. The County may
make such investigation as it deems necessary to determine the ability of the Responder to
perform, and the Contractor shall furnish to the County all information and data for this purpose
as the County may request. The County reserves the right to reject any item, any quote, or all
quotes, and to re-solicit for pricing.
14. Payment Terms and Discounts: The County's standard payment terms are Net 30. Any
deviation from standard payment terms must be specified in the resulting contract, and both
parties must agree on such deviation. Cash discounts offered will be a consideration in awarding
the quote, but only if they give the County at least 15 days from receipt of invoice to pay. For
taking discounts, time will be computed from the date of invoice acceptance by the County, or
the date a correct invoice is received, whichever is the later date. Payment is deemed made, for
the purpose of earning the discount, on the date of the check.
15. Trade Secrets - Confidentiality: If any person or entity submits a quote that contains trade
secrets, an affidavit shall be included with the quote. The affidavit shall declare the specific
included information which constitutes trade secrets. Any trade secrets must be either (1) placed
in a separate envelope, clearly identified and marked as such, or (2) at a minimum, marked in the
affidavit or an attached document explaining exactly where such information is, and otherwise
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marked, highlighted, or made plainly visible. See O.C.G.A. 50-18-72 (A)(34).
16. Trade Secrets - Internal Use: In submitting a quote, the Responder agrees that the County may
reveal any trade secret materials contained in the quote to all County staff and officials involved
in the selection process, and to any outside consultant or other third parties who may assist in the
selection process. The Responder agrees to hold harmless the County and each of its officers,
employees, and agents from all costs, damages, and expenses incurred in connection with
refusing to disclose any material which the Responder has designated as a trade secret.
17. Contract Execution & Notice to Proceed: After an award is made, and all required documents
are received by the County, and the contract is fully executed with signature of both parties, the
County will issue a written Notice to Proceed. The County shall not be liable for payment of
any work done or any costs incurred by any Responder prior to the County issuing the Notice to
Proceed.
18. Unavailability of Funds: This contract will terminate immediately and absolutely at such time
as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations
of the County under the contract.
19. Insurance: The Successful Responder shall procure and maintain the following insurance,
to be in effect throughout the term of the contract, in at least the amounts and limits as
follows:
a. General Liability Insurance: $1,000,000 combined single limit per occurrence,
including bodily and personal injury, destruction of property, and contractual
liability.
b. Automobile Liability Insurance: $1,000,000 combined single limit each
occurrence, including bodily injury and property damage liability.
c. Worker's Compensation & Employer's Liability Insurance: Workers
Compensation as required by Georgia statute.
Before a contract is executed, the Certificates of Insurance for all required coverage shall
be submitted to the County. The certificate shall list an additional insured as follows:
Fayette County, Georgia
140 Stonewall Avenue West
Fayetteville, GA 30214
20. Bid Bond: You must include a bid bond with your quote, equal to five percent (5%) of the total
amount quoted. Bid bonds shall be provided by a surety which appears on the U.S. Treasury's
list of approved bond sureties (Circular 570).
21. Performance and Payment Bonds: Prior to execution of a contract, the Successful Responder
shall submit performance and payment bonds each equal to 100 percent of the contract value,
provided by a surety which appears on the U.S. Treasury's list of approved bond sureties
(Circular 570).
22. Building Permits: Work performed for the County requiring building permits by licensed
Contractors will not have permit fees assessed, although any re-inspection fees for disapproved
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inspections will be the responsibility of the Contractor prior to final inspections and the
Certificate of Occupancy or Certificate of Completion being issued.
23. Unauthorized Performance: The County will not compensate the Contractor for work
performed unless the work is authorized under the contract, as initially executed or as amended.
24. Assignment of Contract: Assignment of any contract resulting from this Request for Quotes
will not be authorized, except with express written authorization from the County.
25. Indemnification: The Contractor shall indemnify and save the County and all its officers, agents
and employees harmless from all suits, actions, or other claims of any character, name and
description brought for or on account of any damages, losses, or expenses to the extent caused
by or resulting from 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. The Contractor shall pay any judgment with cost which may be obtained against the
County growing out of such damages, losses, or expenses.
26. Severability: The invalidity of one or more of the phrases, sentences, clauses or sections
contained in the contract shall not affect the validity of the remaining portion of the
contract. If any provision of the contract is held to be unenforceable, then both parties
shall be relieved of all obligations arising under such provision to the extent that the
provision is unenforceable. In such case, the contract shall be deemed amended to the
extent necessary to make it enforceable while preserving its intent.
27. Delivery Failures: If the Contractor fails to deliver contracted goods or services within the time
specified in the contract, or fails to replace rejected items in a timely manner, the County shall
have authority to make open-market purchases of comparable goods or services. The County
shall have the right to invoice the Contractor for any excess expenses incurred, or deduct such
amount from monies owed the Contractor. Such purchases shall be deducted from contracted
quantities.
28. Termination for Cause: The County may terminate the contract for cause by sending written
notice to the Contractor of the Contractor's default in the performance of any term of this
agreement. Termination shall be without prejudice to any of the County's rights or remedies by
law.
29. Termination for Convenience: The County may terminate the contract for its convenience at
any time with 10 days' written notice to the Contractor. In the event of termination for
convenience, the County will pay the Contractor for services performed. The County will
compensate partially completed performance based upon a signed statement of completion.
30. Force Majeure: Neither party shall be deemed to be in breach of the contract to the extent that
performance of its obligations is delayed, restricted, or prevented by reason of any act of God,
natural disaster, act of government, or any other act or condition beyond the reasonable control
of the party in question.
31. Governing Law: This agreement shall be governed in accordance with the laws of the State of
Georgia. The parties agree to submit to the jurisdiction in Georgia, and further agree that any
cause of action arising under this agreement shall be required to be brought in proper venue in
Fayette County, Georgia.
32. Open Records Act: In the event that the Contractor receives, and responds to, a request for
information as provided in Georgia's Open Records Act (O.C.G.A. 50-18-70 et seq.), the
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Contractor shall promptly provide the County the same information provided to the initiator of
the request for information. Contractor shall email such information to the county's Custodian
of Records at tsmith@fayettecountyga.gov.
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Checklist of Required Documents
(Be Sure to Return This Checklist and
the Required Documents in the order listed below)
RFQ 27050-A: Kiwanis Park Field #7 Fencing, Dugout & Backstop
Company information - on the form provided __________
Contractor Affidavit under O.C.G.A. 13-10-91(b)(1) __________
Pricing sheet __________
Bid Bond __________
List of exceptions, if any - on the form provided __________
References - on form provided __________
Addenda, signed, if any are issued __________
COMPANY NAME: ______________________________________________________
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Contractor Affidavit under O.C.G.A. 13-10-91(b)(l)
The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A 13-10-91 related
to any contract to which Contractor is a party that is subject to O.C.G.A. 13-10-91 and hereby verifies its
compliance with O.C.G.A. 13-10-91, attesting as follows:
a) The Contractor has registered with, is authorized to use and uses the federal work authorization
program commonly known as E-Verify, or any subsequent replacement program;
b) The Contractor will continue to use the federal work authorization program throughout the
contract period, including any renewal or extension thereof;
c) The Contractor will notify the public employer in the event the Contractor ceases to utilize the
federal work authorization program during the contract period, including renewals or
extensions thereof;
d) The Contractor understands that ceasing to utilize the federal work authorization program
constitutes a material breach of Contract;
e) The Contractor will contract for the 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(a), (b), and (c);
f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any
contract(s) subject to the provisions of O.C.G.A. 13-10- 91 for the project listed below to
which Contractor is a party after the date hereof without further action or consent by
Contractor; and
g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses,
and identification cards required pursuant to O.C.G.A. 13-10-91 to the public employer within
five business days of receipt.
_____________________________________________ ________________________________
Federal Work Authorization User Identification Number Date of Authorization
_____________________________________________ Kiwanis Park Field #7 Fencing, Dugout
Name of Contractor Name of Project
Fayette County, Georgia_________________________
Name of Public Employer
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
_____________________________________________
Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE _______ DAY OF _____________, 20______.
__________________________________________________
NOTARY PUBLIC
My Commission Expires: _____________________________
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COMPANY INFORMATION
RFQ 27050-A: Kiwanis Park Field #7 Fencing, Dugout & Backstop
A. COMPANY
Company Name: _________________________________________________
Physical Address: ________________________________________________
_______________________________________________________________
Mailing Address (if different): ______________________________________
_______________________________________________________________
Website (if applicable): ____________________________________________
B. AUTHORIZED REPRESENTATIVE
Signature: _______________________________________________________
Printed or Typed Name: ____________________________________________
Title: ___________________________________________________________
E-mail Address: __________________________________________________
Phone Number: __________________________________________________
C. PROJECT CONTACT PERSON
Name: _________________________________________________________
Title: __________________________________________________________
Phone Number: _________________________________________________
E-mail Address: _________________________________________________
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REFERENCES
RFQ 27050-A: Kiwanis Park Field #7 Fencing, Dugout & Backstop
Please list three (3) references for current or recent customers who can verify the quality of service your
company provides. Projects of similar size and scope are preferable.
1. Government/Company Name ________________________________________________
City & State ________________________________________________________________
Work or Service Provided_____________________________________________________
Approximate Completion Date _________________________________________________
Contact Person and Title ______________________________________________________
Phone _________________________ Email ____________________________________
2. Government/Company Name _______________________________________________
City & State _______________________________________________________________
Work or Service Provided_____________________________________________________
Approximate Completion Date ________________________________________________
Contact Person and Title _____________________________________________________
Phone _________________________ Email ____________________________________
3. Government/Company Name _______________________________________________
City & State ________________________________________________________________
Work or Service Provided_____________________________________________________
Approximate Completion Date _________________________________________________
Contact Person and Title ______________________________________________________
Phone _________________________ Email ____________________________________
COMPANY NAME _______________________________________________________
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