HABERSHAM COUNTY Office of County Commissioners 555 Monroe Street, Unit 20, Clarkesville, GA

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1 HABERSHAM COUNTY Office of County Commissioners 555 Monroe Street, Unit 20, Clarkesville, GA REQUEST FOR PROPOSALS Habersham County Office of County Commissioners is soliciting proposals for Leachate Treatment Facility Habersham County S.R. 13 Municipal Solid Waste Landfill PROPOSALS DUE: November 18, :00 A.M. EST SUBMIT PROPOSALS TO: Purchasing Finance Department Habersham County 555 Monroe Street Unit, 20 Clarkesville, GA

2 Office of County Commissioners Leachate Treatment Facility Habersham County - S.R. 13 Municipal Solid Waste Landfill Proposal Due: November 18, :00 A.M. EST Table of Contents Request for Proposal RFP Timetable & Submittal Terms & Conditions 1 Questions and Interpretations... 2 Request for Qualifications/Proposal.. 3 Contract Agreement Form 12 Terms and Conditions -- Request for Proposal/Qualifications 13 Bidders Declaration 17 Non-Collusion Affidavit 18 Certificate of Non-Discrimination 19 Certification of Drug-Free Workplace 20 E-Verify Affidavit & Agreement 21 W-9. 22

3 RFP Timetable Description Date RFP released October 21, 2015 Deadline for proposal questions November 11, 2015 Submittal deadline November 18, 2015 Tentative award date December 21, 2015 Submittal Terms & Conditions Sealed submittals from firms shall be received by Habersham County at the Habersham County Commissioners Office, Habersham County Administration Building, 555 Monroe Street, Unit 20, Clarkesville, GA until 10:00 AM EST, legally prevailing time on November 18, 2015 for: Leachate Treatment Facility Habersham County S.R. 13 Municipal Solid Waste Landfill After the time and in a designated room and place, the names of the Companies submitting proposals shall be publicly read. No further information shall be read, discussed or provided until the evaluation of all submittals is completed. No extension of the bidding period shall be made other than by a formal written addendum. Habersham County Board of Commissioners is soliciting submissions requesting the following services: The turn-key design and construction of a 10,000 gallon per day (GPD) leachate treatment facility to serve the Habersham County S.R.-13 Municipal Solid Waste Landfill located at 4900 Dicks Hill Parkway, Mt. Airy, Georgia Proposal submittal documents may be obtained by going to our website at then click on Business in the right header row, and click on Current Open Bids. Documents are also available at the Purchasing Office at 555 Monroe Street, Unit 20, Clarkesville, GA during normal business hours. This is the only official release site for this Request for Qualifications/Proposal or any addenda that may be issued for same. Factors to be considered for the contractor selection include: qualifications of the professional staff, experience on similar projects and current workload, wastewater treatment knowledge, performance of similar leachate treatment facilities in Georgia, past contracts and references for same services and financial/bonding capacity for the work. A price proposal shall be submitted by each bidder. Any selection made as a result of this notice shall be made without regard to race, color, religion, gender or national origin. Your submittal must have a signature in its original form. Habersham County suggests that this is provided on your Introductory Letter. Firms should submit (1) one original proposal and (4) four marked copy for a total of five (5) proposals. 1

4 No proposal may be withdrawn for a period of (90) ninety days after time has been called on the date of opening. The County reserves the right to retain all proposals submitted and use any idea (s) in a proposal regardless of whether that proposal is selected. The Commissioners reserve the right to reject any or all bids and to waive technicalities and informalities. The County shall reserve the option to reject any or all proposals, in whole or part, or to select any firm to complete the described work. Award of contract shall not be solely based on low bid, but also on quality, references and other subjective criteria as the County may deem necessary and as the County may determine at its sole discretion. The undersigned bidder expressly understands that his proposal may be rejected by the County for any reason without liability on part of the County to the undersigned bidder. Questions and Interpretations No inquiries or interpretation of meaning concerning this Request for Proposal will be made to any interested party orally. Every inquiry or request for interpretation should be made in writing via . All inquiries and requests for interpretation should be sent via to purchasing@habershamga.com. All questions and all answers will be posted on the website It will be the responsibility of interested parties to periodically check the website for any new information. 2

5 Habersham County Board of Commissioners Request for Qualifications/Proposal Leachate Treatment Facility Habersham County S.R.-13 Municipal Solid Waste Landfill 4900 Dicks Hill Parkway, Mt. Airy, Georgia

6 I. INTRODUCTION The Habersham County Board of Commissioners is requesting qualifications and proposals from firms to provide a turnkey leachate treatment facility for the S.R.-13 Municipal Solid Waste Landfill. The Habersham County Board of Commissioners also requests that firms provide an optional turnkey operations and maintenance proposal for the new treatment system. II. BACKGROUND AND DESCRIPTION The Habersham County S.R.-13 Municipal Solid Waste Landfill opened in At total build out, the site shall have 5 cells totaling acres of capacity for disposal of municipal solid waste and 2 cells totaling 6.08 acres of capacity for disposal of construction and demolition waste. Out of this total, S.R.-13 currently has 4 municipal solid waste cells totaling 24.5 acres that are constructed and operational and 1 construction and demolition area that is constructed and operational. The site accepts approximately 64 tons of solid waste per operational day. The reverse osmosis leachate treatment system currently in place has been operational since 1994 and, due to age is no longer serviceable and needs replacement. A brief summary of the existing leachate operation is as follows: All four of the municipal solid waste landfill cells have their own dedicated side slope riser pump. All of these pumps connect into one common force main that sends raw leachate into the 175,000 gallon or the 292,000 gallon raw leachate storage tanks. Raw leachate is pumped from the two leachate tanks to the existing reverse osmosis treatment facility. Treated leachate effluent is stored in a lined storage pond located on-site where it is used for dust control and irrigation purposes on-site. The RO system reject/concentrate is recirculated into the waste mass or returned to the leachate storage tanks. All of the leachate infrastructure surrounding the leachate treatment facility shall remain and is not part of this proposal. However, the successful bidder shall be responsible for making all electrical and plumbing connections to the surrounding infrastructure. III. SCOPE OF WORK The successful proposer shall provide Habersham County with the design, furnish materials, equipment, and labor to complete the construction and to put into operation a new 10,000 gpd ultrafilter followed by reverse osmosis leachate treatment system or high Rate MBR followed by reverse osmosis or approved alternative for the S.R.-13 Municipal Solid Waste Landfill. Alternate designs may be considered but must include strong rationale in the project approach section of the proposal. The successful proposer shall provide all necessary connection points to the existing infrastructure surrounding the facility and shall supply raw leachate, treated water, and 4

7 concentrate pumps and piping for a complete system. The proposal shall include providing a new container for the proposed treatment system. The proposal shall clearly specify any details on the bidder s desire to re-use components of the existing system. Additionally, the successful bidder shall clearly specify and provide estimated costs for any equipment or labor that shall need to be provided by the County to make the system fully operational. The successful proposer shall provide and install a separate 7,000-10,000 gallon holding tank within the leachate secondary containment tank for the storage of all concentrate or other byproduct of the leachate treatment system. The concentrate or other byproduct shall be maintained separately from the leachate from the landfill. The proposer shall provide to the County as part of this RFQ/P a detailed proposal to provide an annual maintenance and support contract providing on-site support at the leachate treatment facility. The proposer shall identify in their proposal the location of support personnel required for the facility. IV. TECHNICAL SPECIFICATIONS The system shall meet the following specifications: The leachate treatment system shall be capable of processing a minimum of 10,000 GPD and capable of treating the leachate defined in this RFQ/P. The recovery rate of the treatment system shall be at least 75%. The system shall be of an approved design as fabricated by a manufacturer regularly engaged in the production of leachate treatment equipment. The manufacturer should have at least five successful, similar leachate treatment operations, preferably in the State of Georgia. All equipment and material shall be supplied as intended for a complete and operational system. The system shall have the ability to control ph of the leachate fed to the ultrafiltration system. The ultrafiltration system shall have an integrated Clean in Place (CIP) system. If the MBR is proposed the vendor shall include calculations to demonstrate the need or the lack thereof of temperature control for the bioreactor. If a MBR is proposed the ability to add defoamer shall be included. The reverse osmosis system should include a minimum 1,000 gallon feed tank with level transmitter. The RO system must include an integrated CIP system. 5

8 The RO system must have the ability to automatically adjust the permeate rate with changing TDS. Each stage of the RO system must have the ability to control the permeate rate so the flux and recovery of each stage can be controlled so that they are similar. If the proposer finds that a double pass RO system is required to meet the qualitative requirements, that system shall have a 1000 gallon feed tank with level transmitter identical to the first pass. The design and performance of the quoted system shall be based upon the following Raw Leachate Analysis: Parameter Design Minimum Inlet Quality ph Temperature, design C Design Conductivity µs/cm 1,500 15,000 TSS mg/l COD mgo 2 /l 150 5,000 BOD mgo 2 /l 10 2,500 NH 4 mg/l TKN N, Total mg/l ortho Phosphate mg/l 0 20 Sulfate mg/l Na mg/l 100 3,000 Cl mg/l 100 3,500 Mg mg/l Ca mg/l Al K CO3 SO4 PO4 Fe mg/l 5 50 Mn mg/l 0 20 Al mg/l 0 8 Sr mg/l 0 1 Design Maximum Inlet Quality 6

9 Ba mg/l 0 1 F mg/l Bicarbonate mgcaco 3 /l 100 3,700 Silica mg/l 5 20 Total Dissolved Solids (TDS) mg/l 2,000 6,000 The system shall meet the following effluent characteristics: Effluent Parameter Quality ph Temperature, design C <30 Design Conductivity µs/cm <1.000 TSS mg/l 5 COD mgo 2 /l 30 BOD mgo 2 /l 30 Turbidity NTU s 5 CFU/100 Fecal Coliform ml 23 TDS mg/l 500 TKN mg/l PPL GA MCL s V. CONTENT AND FORMAT OF PROPOSAL All responses must be in writing with five (5) proposals submitted; one (1) should be marked original and four (4) marked as copies. Verbal responses or additions to responses shall not be considered. All responses become the property of the Habersham County Board of Commissioners and shall not be returned. A. Letter of transmittal. One original and a copy bound in the proposal. This letter of transmittal shall be no greater than two pages in length and shall contain the following: 1. Firm Name 2. Address 3. Contact Name 7

10 4. Former Firm Names, Joint Venture Information, Out of State Offices, if applicable. 5. Statement of which office shall handle the project, if multiple offices. 6. A clear and concise response as to why Habersham County should select your firm for this project. 7. List any litigations, arbitrations, or mediations in which the firm or former firms have been involved in the past five (5) years involving claims for more than $50,000 made by an owner against the firm or by the firm against the owner, and indicate the disposition of each claim, the name of the owner, and the nature of the claim. 8. Statement that the proposal shall remain in effect for and not be withdrawn for ninety (90) days after the date due to the Habersham County Commissioners. 9. Statement acknowledging and the receipt attached of each and every addendum that Habersham County may issue to the RFQ/P. 10. Statement that, if selected, bidder shall negotiate in good faith with Habersham County. 11. Warranty Terms & Conditions. B. Experience and Workload 1. A detailed description of similar projects successfully completed by the firm in the past ten (10) years and a detailed description of results of that work. Include the name and telephone number of a contact person for each client who can verify the information provided. 2. Listing of all projects completed within the last five (5) years. 3. Listing of current projects, percent complete, and total possible workload. C. Firm Personnel Experience 1. A listing of team personnel and experience who shall actually be assigned to perform substantial amount of the work on this project to include: a. Project Manager and contact number b. Design Team c. Service and support team D. Sub-Consultant Personnel Experience 8

11 1. Names, addresses, and experience of any outside consultants or associates proposed to be involved in this project. E. Project Approach and Specifications Provide a detailed description of how the firm proposes to approach this project. Include sufficient discussion of proposed methodologies, techniques, and procedures for each work item. Define and discuss the need for a pilot system during the design phase of the facility. Provide a breakdown and description of tasks assigned to project team members. Provide anticipated products and specifications for all components intended for the treatment system. Include the space needed for installation and operation of the system and the annual operating costs for the system. Provide a recommended list of backup equipment and cost needed to ensure consistent plant operation without shutdown for more than three consecutive days. F. Project Schedule Provide a proposed time schedule and a method of assuring that the time schedule is met, including the name of the person responsible for the time schedule. Schedule is not to exceed 40 weeks from notice to proceed. Provide a proposed time schedule for completion of key tasks in each phase and the method to assure that the time schedule shall be met. If the 40 week schedule cannot be met, provide justification for an extended schedule that can be accomplished. G. Price Proposal A price proposal shall be submitted by each bidder. Pricing shall be inclusive of all costs required to provide the County with a 10,000 gpd leachate treatment facility. The price proposal shall be broken down into the following components: 1. Design and equipment selection 2. Equipment costs (including leachate treatment facility, all necessary equipment described in Section IV). 3. Installation and startup (include all labor, material, equipment for a complete turnkey system). 4. Miscellaneous items/backup Equipment. 5. Proposed payment schedule. Note: Failure to meet this requirement shall be considered non-responsive and the entire submittal may be rejected. VI. SITE VISITS 9

12 The Habersham County S.R.-13 Municipal Solid Waste Landfill is located at 4900 Dicks Hill Parkway, Mt. Airy, Georgia Site visits may be arranged by contacting David Barrs at (706) VII. QUESTIONS AND ADDENDA Questions generated during the bidding process shall be answered, if necessary, in written addenda to the RFQ/P. The RFQ/P and any subsequent written addenda serve as the sole basis upon which bidders may submit proposals. The RFQ/P represents, in writing to all bidders, the most comprehensive and definitive statement that Habersham County is able to make, at this time, as to the requirements, terms and conditions for this proposal process and performance of services. Any information or understandings, verbal or written, which are not contained either in the RFP/Q, or in subsequent written addenda to the RFP/Q, shall not be considered in evaluating proposals. Habersham County reserves the right to amend the RFQ/P at any time. Any amendments to, or interpretations of, the RFQ/P shall be described in written addendum. Habersham County shall post all addendums to Prospective bidders are responsible for checking for addendums by reviewing the website. Failure of any such party to receive the addendum shall not relieve a bidder from any obligation under its proposal as submitted or under any requirement of the RFP/Q, as amended. All addenda shall become part of the RFP/Q. All questions relating to the RFQ/P must be submitted in writing by the questions deadline of November 11, No telephone solicitations shall be honored. If any questions submitted makes necessary the issuance of a written addendum, the addendum shall be posted to No inquiries or interpretation of meaning concerning this Request for Proposal will be made to any interested party orally. Every inquiry or request for interpretation should be made in writing via . All inquiries and requests for interpretation should be sent via to purchasing@habershamga.com. All questions and all answers will be posted on the website It will be the responsibility of interested parties to periodically check the website for any new information. VIII. PROPOSAL SELECTION CRITERIA Factors to be considered for the contractor selection are: qualifications of the professional staff, experience on similar projects and current workload, wastewater treatment knowledge, performance of similar leachate treatment facilities in Georgia, past contracts and references for same services. A price proposal shall be submitted by each bidder. Any selection made shall be made without regard to race, color, religion, gender or national origin. IX. RFQ/P PREPARATION EXPENSES 10

13 Habersham County accepts no responsibility for any expense incurred by bidders responding to this proposal, such expenses to be borne exclusively by the bidders. X. PROPOSAL SUBMISSION Interested bidders shall submit five (5) copies, one (1) marked Original and four (4) marked Copy, of proposals in a sealed envelope. Proposals shall be submitted to the following address by November 18, Hand Delivery, FedEx, UPS, Courier, Or Mailing Address: Purchasing Finance Department Habersham County 555 Monroe Street Unit, 20 Clarkesville, GA purchasing@habershamga.com Proposals shall be submitted as indicated in the advertisement and must be received by the time and date stipulated for receipt of proposals. Proposals not received by that time and date shall not be considered. 11

14 STATE OF GEORGIA CONTRACT RFQ # COUNTY OF HABERSHAM AGREEMENT FORM This agreement, made and entered into this the Day of, 2015 by and between the Board of Commissioners of Habersham County, Georgia (hereinafter referred to as County ) and hereafter referred to as Contractor ). Witnesseth: Whereas, the County intends to contract to provide Reverse Osmosis Leachate Treatment Facility for the S.R-13 Municipal Solid Waste Landfill per the Bid RFQ/P herein referred to as the Project and has entered into an agreement for the necessary services provided by the project and whereas, the Contractor desires to perform the project and for the contract costs as detailed. Total Cost of Project (list amount in dollars). Habersham County s request for proposal/qualifications issued on November 18, 2015 for Turnkey replacement of a reverse osmosis treatment facility for the S.R.-13 Municipal Solid Waste Landfill, the Bidder s response (All originals are on file in the Purchasing/Finance Department, Habersham County 555 Monroe Street, Unit 20, Clarkesville, GA 30523), and this contract are all incorporated into and made a part of this agreement by reference. If any paragraph, sub-paragraph, sentence, clause, phrase or any portion of this agreement shall be declared invalid or unconstitutional by any Court of competent jurisdiction or if the provisions of any part of this agreement as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be constructed to affect the portions of this agreement not so held to be invalid or the application of this agreement to other circumstances not so held to be invalid. It is hereby declared to be the intent of the parties to this agreement to provide for separate and divisible parts, and to hereby adopt any and all parts hereof as may not be held invalid for any reason. In witness whereof, the parties hereto have hereunto set their hands and affixed their seals the day and year first above written. SUBSCRIBED AND SWORN TO IN OUR PRESENCE THIS DAY OF, 2015 NOTARY COMM. EXPIRES: SUBSCRIBED AND SWORN TO IN OUR PRESENCE THIS DAY OF, 2015 HABERSHAM COUNTY, GEORGIA BY: ANDREA HARPER, CHAIRMAN BOARD OF COMMISSIONERS CONTRACTOR BY: PRESIDENT 12

15 XI. TERMS AND CONDITIONS --- REQUEST FOR PROPOSAL/QUALIFICATIONS 1. Changes: no change shall be made to this Request for Qualifications/Proposal except by written modification by the County Purchasing Office. Requests for interpretation or changes must be sent by to at least (10) ten calendar days prior to the time set for opening of the proposals. 2. All submitted proposals must be signed by authorized representative of bidding organization. Furthermore, corporate seals shall be included if applicable. 3. Bid acceptance time: bids requiring acceptance by the County in less than sixty (60) calendar days could be rejected, unless so stated on Bidder s response pages and accepted by the County. 4. Bid identification: all bids submitted as a result of this Request for Qualifications/Proposal must be returned in a sealed envelope with the following information in the lower left-hand corner of the envelope: RFQ/P # Leachate Treatment Facility Habersham County S.R. 13 Municipal Solid Waste Landfill. 5. 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 his bid confers no right of withdrawal or modification of his bid after bid has been opened. No bid may be withdrawn for a period of ninety (90) days after time has been called on the date of opening. 6. Bonds: a. Bid Bond: Not required. b. Payment and Performance Bonds: Required. 7. Site inspections: The County shall assume no responsibility for representations or understandings concerning conditions made by its officers or employees unless included in this request for proposal. A site inspections are not a mandatory requirement to submit a proposal and is not required for this RFP/Q. 8. Award of contract: award shall be made to that responsible bidder whose bid, conforming to the Request for Qualifications/Proposal, shall be most advantageous to the County; price 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 (or otherwise furnished) shall be deemed to result in a binding contract without further action by either party. Contract (s), if awarded, shall be on a lump sum basis or individual item basis, whichever is found to be in the best interest of Habersham County. 9. Site Inspections: The vendor, in accepting this contract, attests that he is in compliance with the nondiscrimination clause contained in Section 202 of Executive Order 11246, as amended, relative to equal employment opportunity for all persons without regard to race, color, religion, sex, or national origin, and the implementing rules and prescribed by the secretary of labor, which is incorporated herein by reference. 10. Exceptions to specifications: any award resulting from this Request for Qualifications/Proposal shall bind the bidder to all terms, conditions, and specifications set forth in this Request for Qualifications/Proposal. Bidders whose proposals do not conform should so note on separate page if necessary and/or on the bid schedule. While the County reserves the right to make an award to a nonconforming bidder, when in the best interest of the County, such awards shall not be readily made, and bidders are urged to conform to the greatest extent possible. No exceptions shall be considered to have been taken by bidder unless it is 13

16 properly set out as provided above. No exception shall be deemed to have been taken by the County unless incorporated in an award resulting from this Request for Qualifications/Proposal and so stated. 11. Proposal results: interested parties may review proposal results by visiting after bid opening. 12. Payment: payments shall be made upon all items completed each month or completion of all work and acceptance by County on invoices submitted and approved Payment terms and provisions herein or otherwise found within the contract documents supersede all provisions of the Georgia Prompt Pay Act (HB 837; 13 O.C.G.A. Chapter 11 et seq.). 13. Retainage: To be determined at contract execution. 14. Discounts: prompt payment discounts offered for a period of less than fifteen (15) days shall not be considered in determining the low bidder on this Request for Qualifications/Proposal. However, such discounts, when offered, shall be taken provided payment is made within the time specified. Time, in connection with discounts for prompt payments, shall be computed from the date of acceptance of work for which payment is claimed, or the date the correct invoice is received by the county, whichever is later. 15. Inquiries regarding payment: all inquiries regarding payment of invoices are to be directed to Finance Department Habersham County, 555 Monroe Street Unit 20, Clarkesville, GA or by at purchasing@habershamga.com 16. Execution of contract: subsequent to the award, the successful bidder shall be presented with a contract. Contract is to be executed within ten (10) calendar days of Notice of Award. The date of presentation shall be deemed to be the postmark date. The successful bidder s proposal and this Request for Qualifications/Proposal shall be incorporated into the contract, except to the extent that this Request for Qualifications/Proposal conflicts with the contract, in which case the provisions of the contract shall take precedent. 17. Certificate of insurance: the bidder agrees to procure all of the insurance specified below: Workers Compensation Insurance for all employees who are engaged in the work under the contract Public Liability and Motor Vehicle Liability Insurance - the professional shall take out and maintain during the life of this contract, such public liability and motor vehicle liability insurance as shall protect him while performing work covered by this contract from claims for damages which may arise from operations by himself or by any other person directly or indirectly employed by him and the amounts of such insurance shall be as follows: Public Liability Insurance in an amount not less than $1,000, on account of one occurrence Motor Vehicle Liability Insurance on all motor vehicles owned, leased or otherwise used by the professional in an amount not less than $500, (combined single limit) for bodily injury including death and property damage combined. 14

17 17.3 Professional Liability Insurance - the professional shall procure and maintain during coverage in the amount not less than $1,000, The insurance company must be licensed to do business in the State of Georgia The professional shall furnish to Habersham County, a certificate of insurance covering the work as required above as evidence that the insurance required shall be maintained in force for the entire duration of the work performed under this agreement The cancellation of any policy of insurance required by this agreement shall meet the requirements of notice under the laws of the State of Georgia as presently set forth in O.C.G.A Each policy of insurance required under this agreement shall provide for notice requirements under the laws of the State of Georgia as set forth in O.C.G.A and by endorsement shall provide that the County shall receive a copy of said notice of cancellation A certificate of insurance with a cancellation provision which provides for less notice than that required by O.C.G.A , or which provides that failure to give the written notice shall not Impose any responsibility upon the insurer, shall be considered as an endorsement of the referred to in the certificate and shall constitute a basis for insurance rejection of the insurance by the county In addition to its agreement to obtain and maintain the insurance as set forth herein above, the bidder agrees to indemnify and hold harmless the County, its officers, agents and employees from any and all claims against the county, its officers, agents, and employees, which arise out of any act or omission of the professional or any consultant employed by the professional or any of their officers, agents or employees, and any and all claims which result from any condition created or maintained by the professional or any consultant employed by the professional or any of their officers, employees or agents, which condition which a result of work performed under the contract. 18. Inclusion: all items and/or services standard, expected, necessary, and/or routine to such a project as this and not actually stated in this Request for Qualifications/Proposal shall be the responsibility of the successful bidder to provide at no other cost to the county unless so stated on the successful bidder s proposal as additional cost items and accepted by the county at the time of the award and/or contract. 19. Independent contractors: the bidder represents to Habersham County that he is fully experienced and properly qualified to perform the functions provided herein and that he is properly equipped, organized, and financed to perform such functions. The bidder shall finance his own operations hereunder, shall operate as an independent contractor and not as an agent of Habersham County and nothing contained in this Request for Qualifications/Proposal or a contract resulting from same shall be construed to constitute the bidder or any of his employees, servants, agents, or subcontractors as a partner, employee, servant, or agent of the County nor shall either party have any authority to bind the other in any respect; it being intended that each shall remain an independent contractor. 20. Assignment of contractual rights: it is agreed that the successful bidder shall not assign, transfer, convey, or otherwise dispose of a contract that results from this Request for Qualifications/Proposal or his right, title, or interest in or to the same, or any part thereof, without written consent of the County. 15

18 21. Starting time: work shall commence within ten (10) calendar days after being issued a Notice to Proceed on the project and commence in a routine, orderly manner until completion and acceptance by the County. 22. Indemnity: successful bidder agrees, if entering into a contract as a result of this Request for Qualifications/Proposal, to defend, indemnify, and hold harmless Habersham County from any and all courses of action or claims of damages arising out of or related to bidder s performance or actions or those of his employees or agents, under said contract. 23. Termination: pursuant to o.c.g.a , if applicable, any contract resulting from this Request for Qualifications/Proposal, if not sooner terminated pursuant to the provisions of termination contained herein, is terminable by the Board of Commissioners of Habersham County, Georgia on December 31 of each calendar year during the term of said contract, except that said contract shall be renewed automatically on such date, and without any lapse, unless positive action is taken to terminate said contract by the Board in a public meeting and such action entered in the official minutes of the Habersham County Commission. 24. Appropriation of Funds: initial contract and any continuation contract (s) shall terminate immediately and absolutely at any such time as there are no appropriated and otherwise unobligated funds available to satisfy the County s obligations under said contract (s). 25. Cancellation for cause: should either party fail to comply with the terms and conditions of this contract, the aggrieved party must give, in writing, to the other party any complaint for non compliance to the terms and conditions of this contract. The other party shall have fifteen (15) calendar days to correct the matter. If corrected to the satisfaction of both parties within the fifteen (15) calendar days and stated in writing, then the contract shall continue uninterrupted. Failure to correct the matter shall result in termination of this contract at the end of thirty (30) calendar days following the date of the initial letter of complaint. 26. Anti-discrimination clause: Habersham County does not discriminate against any person because of race, color, religion, national origin, or handicap in employment or service provided." 27. Changes to Contract: no change shall be made to this contract except by written modification by the Purchasing/Finance Department. 28. Questions: All questions concerning this Request for Qualifications/Proposal should be directed by to purchasing@habershamga.com. 16

19 The bidder understands, agrees and warrants: BIDDERS DECLARATION That the bidder has carefully read and fully understands the full scope of the requirements. That the bidder has the capability to successfully undertake and complete the responsibilities and obligations in said specifications. That the bidder has liability insurance and a declaration of insurance form will be provided before the commencement of any work. That this bid may be withdrawn by requesting such withdrawal in writing at any time prior to November 18, 2015 at 10:00 A.M. EST. but may not be withdrawn after such date and time. That Habersham 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. Habersham County reserves the right to waive any technicalities and formalities in the bidding. That by submission of this bid the bidder acknowledges that Habersham 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 bid. BIDDER: Name Title Name Title AFFIX CORPORATE SEAL (If Applicable) 17

20 NON-COLLUSION AFFIDAVIT The following affidavit is to accompany the bid: STATE OF COUNTY OF Owner, Partner or Officer of Firm, Company Name, Address, City and State Being of lawful age, being first duly sworn, on oath says that he/she is the agent authorized by the bidder to submit the attached bid. Affidavit further states as bidder, that they have not been a party to any collusion among bidders in restraint of competition by agreement to bid at a fixed price or to refrain from bidding; or with any office of Habersham County or any of their employees as to quantity, quality or price in the prospective contract; or any discussion between bidders and any official of Habersham 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 18

21 CERTIFICATE OF NON-DISCRIMINATION In connection with the performance of work under this contract, the bidder agrees as follows: The bidder agrees not to discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, ancestry or disability. The vendor shall take affirmative action to insure that employees are treated without regard to their race, creed, color, sex, national origin, ancestry or disability. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruiting or recruitment, advertising, lay-off or termination, rates of pay or other compensation and selection for training, including apprenticeship. In the event of the bidder s non-compliance with this non-discrimination clause, the contract may be canceled or terminated by Habersham County. The bidders may be declared, by Habersham County, ineligible for further contracts with Habersham County until satisfactory proof of intent to comply shall be made by the vendor. The bidder agrees to include this non-discrimination clause in any sub-contracts connected with the performance of this agreement. BIDDER SIGNATURE TITLE 19

22 Office of Commissioners 555 Monroe Street, Unit 20, Clarkesville, GA Fax: CERTIFICATION OF DRUG-FREE WORKPLACE I hereby certify that I am a principle and duly authorized representative of whose address is and it is also certified that: 1. The provisions of Section through of the Official Code of Georgia Annotated, relating to the Drug-Free Workplace Act have been complied with in full; and 2. As part of the subcontracting agreement with the Consultant, certifies to Habersham County that a drug-free workplace shall be provided for the subcontractor s employees during the performance of this contract pursuant to paragraph (7) of subsection (b) of the Official Code of Georgia Annotated Section ; and 3. It is certified that the undersigned shall not engage in unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract. Date Signature 20

23 Office of County Commissioners 555 Monroe Street - Unit 20 - Clarkesville, GA STATE OF GEORGIA PROGRAM VENDOR/CONTRACTOR AFFIDAVIT AND AGREEMENT COMES NOW before me, the undersigned officer duly authorized to administer oaths, the undersigned contractor, who, after being duly sworn, states as follows: By executing this affidavit, the undersigned contractor verifies it s compliance with O.C.G.A , stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of Habersham County has registered with, is authorized to use, and uses 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 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 (b). Contractor hereby attests that its federal work authorization user identification number and date are as follows: EEV / Basic Pilot Program User ID Number (E-Verify) FURTHER AFFIANT SAYETH NOT. BY: Authorized Officer or Agent Signature Contractor Address Title of Authorized Officer or Agent of Contractor Above Company / Contractor Name Contractor City, State, Zip Code Date of Contract between Contractor and Habersham County Sworn to and subscribed before me This day of, 20 Notary Public My commission expires: * 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 of 1986 (!RCA), P.L As of the effective date of O.C.G.A , the applicable federal work authorization program is the "EEV I 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). 21

24 Form W-9 (Rev. August 2013) Department of the Treasury Internal Revenue Service Name (as shown on your income tax return) Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Business name/disregarded entity name, if different from above Check appropriate box for federal tax classification: Individual/sole proprietor C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) Other (see instructions) Address (number, street, and apt. or suite no.) City, state, and ZIP code Exemptions (see instructions): Exempt payee code (if any) Exemption from FATCA reporting code (if any) Requester s name and address (optional) List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the Name line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Part II Certification Under penalties of perjury, I certify that: Social security number Employer identification number 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. person General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the Date withholding tax on foreign partners share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester s form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: An individual who is a U.S. citizen or U.S. resident alien, A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, An estate (other than a foreign estate), or A domestic trust (as defined in Regulations section ). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. Cat. No X Form W-9 (Rev ) 22