Department of Purchasing and Contracting
May 1, 2017
REQUEST FOR PROPOSAL (RFP) 17-500450
FOR
CLIFTON CORRIDOR BICYCLE AND PEDESTRIAN SUB AREA CONNECTIVITY STUDY, PI0015066
Procurement Agent: Karlene N. Jessie Phone: 404-687-3558 Email: [email protected]
Pre-Proposal Conference: May 23, 2017 @ 2:00 p.m. in Clark Harrison Bldg, Conference Room A, located at 330 E. Ponce de Leon Ave, Decatur, GA 30030
Deadline for Receipt of Questions: May 25, 2017 @ 5:00 p.m. Deadline for Submission of Proposals: June 5, 2017 @ 3:00 p.m.
THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS RFP TO THE DEPARTMENT OF PURCHASING AND CONTRACTING OF DEKALB COUNTY GOVERNMENT ON OR BEFORE THE STATED DATE AND TIME WILL BE SOLELY AND STRICTLY THE RESPONSIBILITY OF THE RESPONDER.
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TABLE OF CONTENTS Section Title Page
I. Introduction ...... 4
II. Project Scope ...... 4
III. Proposal Format ...... 17 A. Cost Proposal ...... 17 B. Technical Proposal ...... 18 C. Federal Work Authorization Program ...... 19
IV. Evaluation Criteria ...... 19
V. Contract Administration...... 20 A. Submittal Instructions ...... 20 B. Pre-Proposal Conference ...... 20 C. Questions ...... 21 D. Acknowledgement of Addenda ...... 21 E. Proposal Duration ...... 21 F. Project Manager ...... 21 G. Expenses of Preparing Responses to this RFP ...... 21 H. Georgia Open Records Act ...... 22 I. Business License...... 22 J. Right to Audit ……………………………………………….…….….. ...22
VI. Award of Contract...... 22
VII. Timeline……………………………………………………………………..23
VIII. Negotiate Changes…………………………………………………………..23
IX. Qualification of Proposer……………………………………………………23
X. Proposed Approach………………………………………………………….23
XI. Fee…………………………………………………………………………...24
XII. Other Information……………………………………………………………24
XIII. Changes to Key Personnel…………………………………………………...24
XIV. List of Attachments ...... 25 Attachment A. Required Documents Checklist ...... 26
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Attachment B. Proposal Cover Sheet...... 27 Attachment C. Reference and Release Form (Prime) ...... 28 Attachment D. Reference and Release Form (Project Manager) ...... 29 Attachment E. Responder Affidavit...... 30 Attachment F. Cost Proposal Form ...... 31 Attachment G. Subcontractor Affidavit ...... 33 Attachment H: DBE Goals Form ...... 34 Attachment I: Certificate of Corporate Resolution ...... 50 Attachment J. Sample Standard County Contract...... 51
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I. INTRODUCTION:
A. Intention
It is the intention of the DeKalb County Government to solicit proposals for Clifton Corridor Bicycle and Pedestrian Sub Area Connectivity Study, PI0015066 from qualified firms that have experience in providing a similar scope of service to government entities of a comparable size. Representation from County staff will include but is not limited to staff from Public Works Transportation Division and the Planning and Development Office.
B. The services shall commence within ten (10) calendar days after acknowledgement of receipt of written notice to proceed.
II. PROJECT SCOPE:
Background-
Clifton Corridor Transit Management Association (CCTMA), Bike Emory, and DeKalb County in partnership with the Atlanta Regional Commission (ARC), the Georgia Department of Transportation (GDOT), the City of Decatur and the City of Atlanta seeks to develop a master sub area plan that identifies priority bicycle and pedestrian transportation projects connecting Emory University & Clifton Corridor (including its employment, residential and various activity components) to other employment, residential, transportation and activity centers in the cities of Decatur and Atlanta, DeKalb County and the region.
The primary goal of this planning process is to develop one set of priority bicycle and pedestrian connectivity projects for implementation (condition and engineering studies, then construction) that improve safety and connectivity between the Emory/Clifton Corridor to current or planned regional transportation networks such as MARTA rail lines, regional trails (e.g., South Peachtree Creek PATH Trail, Atlanta Beltline, PATH 400, etc.), other existing or planned bicycle and pedestrian connections (e.g., Atlanta and Decatur cycle tracks, separated bike ways on Ponce De Leon Avenue, etc.) and local Livable Center Initiatives (LCIs).
Clifton Corridor – Major Activity Center Underserved by Bicycle and Pedestrian Facilities The Clifton Corridor (defined roughly as the area within one to two miles of the center of Emory’s Druid Hills Campus) is the largest employment center in DeKalb County (4th largest in the region) and the largest in metro Atlanta without direct access to rail transit or an interstate highway. The Clifton Corridor is also home to CCTMA members Ben Franklin Academy, the Centers for Disease Control and Prevention (CDC), Children’s Healthcare of Atlanta at Egleston, the City of Decatur, Emory Conference Center Hotel, Emory University, Emory University Hospital, The Emory Clinic and the Wesley Woods Center. An over Approximate Connectivity Study Area reliance on single occupancy vehicle (SOV) usage and the resulting traffic congestion in the Clifton Corridor is a significant threat to the economic stability of the employers in the Corridor.
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Although bicycling and walking mode share is higher in the Clifton Corridor than most other parts of unincorporated DeKalb County, the infrastructure to support bicyclists and pedestrians is suboptimal and fragmented. Trail connections such as the South Peachtree Creek and the Freedom Park PATH Trails terminate less than a half-mile from Emory’s campus. Bicycle lanes extend for very limited stretches of North Decatur and Clifton roads. Key connecting routes to the City of Decatur and the City of Atlanta have narrow and fragmented pedestrian facilities and lack on or off street facilities for cyclists. Meanwhile, the City of Atlanta and City of Decatur continue to implement high quality bicycle facilities (e.g., Beltline, W. Ponce de Leon Ave bicycle lanes, etc.) which terminate one to two miles short of Emory’s campus. The opportunity and impact of addressing these gaps are significant to the region. For instance, addressing these relatively small gaps in regional bicycle and pedestrian networks such as these would connect three of the regions’ four nationally recognized Bicycle Friendly entities, Georgia Tech, Emory and Decatur.
Complex Challenges in the Clifton Corridor The gaps in bicycle and pedestrian connectivity highlight the complexity of the Clifton Corridor and the need for a plan. Completing key bicycle and pedestrian connections to the Clifton Corridor/Emory will require planning and alignment across multiple jurisdictions and key stakeholders, including, but not limited to the City of Atlanta, City of Decatur, DeKalb County, GDOT, Emory University and the CDC. All have expressed willingness to participate but a formalized process that convenes this conversation and aligns connectivity priorities and plans to the corridor is needed.
In addition, physical barriers such as limited rights-of-way, historic districts, freight rail lines, creeks, and hilly terrain provide design and feasibility challenges that must be considered and overcome. Further, the logistical challenges of operating complex organizations such as Emory, Emory Hospital and the CDC add additional planning considerations. Local neighborhood and civic leadership, while generally supportive of efforts to reduce single occupant vehicle trips in the area, must be engaged to understand the impact of potential connectivity improvements on their communities. These challenges will require a study that will consider leading creative solutions in this complex urban context.
Multiple Bicycle and Pedestrian Activities in the Area, Unified Strategy Needed Over the past several years numerous independent, focused efforts to review and improve bicycle and pedestrian conditions in the corridor have taken place. In addition, Emory and other corridor employers have made significant investments and commitments to sustainability, employee wellness, alternative transportation programs, and plans and policies that incentivize and/or call for safety improvements for bicycling and walking. A selection of transportation planning efforts include: • Clifton Corridor Urban Design Guidelines (recommended improved pedestrian and bicycle facilities in the Clifton Corridor): 2007 • Urban Land Institute – Mini Technical Assistance Panel for Emory to Decatur Bicycle Connectivity: 2011 • Federal Highway Administration Association Bicycle and Pedestrian Safety Review of North Decatur Road : 2013 • DeKalb Comprehensive Transportation Plan – (Suggests bicycle and pedestrian improvements to several connecting roads to the corridor): 2014 • Urban Land Institute – Mini Technical Assistance Panel for Emory Village Bicycle and Pedestrian Improvement Study: 2015
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• Federal Highway Administration Association Bicycle and Pedestrian Safety Review of Ponce de Leon Ave/Scott Boulevard: Currently Underway • Emory Sustainability Vision : Currently Underway • CCTMA Bicycle/Pedestrian Intersection Safety Study : Currently Underway • Launch of CDC Roybal Campus Master Plan • Studies and planning for a proposed MARTA light rail transit connection that will pass through the Corridor. These efforts, while valuable, are independently focused efforts and do not address corridor connectivity to regional networks or activity centers in a holistic fashion. Common themes across these efforts are high latent demand for bicycle and pedestrian facilities and investments in improvements to bicycle and pedestrian facilities to and at Emory are sensible, prudent and feasible. Progress towards this unmet need is hampered by the lack of one singular cohesive plan that provides specific, consensus-driven guidance on priorities, alignments, approaches/designs, and estimates of probable cost. As such, bicycle and pedestrian priorities are difficult to articulate when funding mechanism arise (e.g., Transportation Special Purpose Local Option Sales Tax (TSPLOST), Transportation Alternatives Program (TAP), Congestion Mitigation/Air Quality (CMAQ), Surface Transportation Block Grant (STBG) GDOT or Urban, etc.). A comprehensive plan would provide an opportunity to build on the work performed by these groups and create one cohesive set of bicycle and pedestrian priorities for the corridor. In addition to these studies and planning efforts, multiple independent efforts are underway to improve bicycle and pedestrian access to the corridor. These efforts include a vision for a connecting network of trails along the South Fork of Peachtree Creek, an active expansion of PATH Foundation’s local trail network and improvements to the Olmstead Linear Park trail system. Each of these three separate trail systems seeks to capitalize on local demand for trails and the economic development potential of these facilities, but each is limited as they terminate within one mile from Emory University and do not connect to the core areas of the Clifton Corridor. A holistic plan would assist in tying these efforts to a larger bicycle and pedestrian strategy and implementation plan for the subarea.
Additionally, significant developments and planning activities in the Corridor will have a substantial impact on transportation there. Some of these activities include: • Expansion of Emory Point (recent expansion of retail and medium density residential facilities included addition of 40,000 square feet of retail (120,000 total), 609 additional parking spaces (1,613 total) and 307 new housing units (750 total). Phase III is currently being planned • Development of Emory Hospital’s 450,000 square feet “J-Wing” which will include new and modified roadways and access points to Emory and 210 new patient rooms • Planned expansions of the CDC. The impact of each of these and other major developments and planning activities should be incorporated into the plan.
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Plan Objectives:
Specific objectives of the Bicycle and Pedestrian Master Planning Study:
- Develop a data and consensus driven Bicycle and Pedestrian Master Connectivity Subarea Plan consisting of existing, planned, and future bicycle and pedestrian infrastructure projects including program and policy enhancements.
- Emphasize connections to regional trail and other bicycle and pedestrian networks, access between the Clifton Corridor and the City of Atlanta, City of Decatur, MARTA rail stations, and other activity/residential/employment centers.
- Recommend and prioritize bicycle and pedestrian improvement projects that will have the greatest measureable impact on improving bicycle and pedestrian safety and increasing bicycle and pedestrian trips while balancing feasibility.
- Recommend how this plan will bring together/coordinate with existing & future plans and priorities for the study area (e.g., Connect Atlanta Plan, Emory planning efforts, Decatur Bicycle and Pedestrian Plan, etc.) and future development. Plan should be designed to be flexible to be updated to adapt to changes.
- Identify measurable local and regional sustainability, health, quality-of-life and economic benefits of bicycle and pedestrian investments to key stakeholders, including employers, within the corridor.
- Identify and evaluate existing and potential bicycle and pedestrian circulation routes on and connecting to the Emory Campus/Clifton Corridor
- Develop short and longer term funding and implementation strategy that identifies potential funding sources for programs and project engineering, implementation and management.
- Overall goal: The acceptance of the plan and priorities by GDOT and ARC and the adoption of the plan and priorities by DeKalb County. The plan and priorities should be presented to other key stakeholders and local jurisdictions. Plan and alternatives within the historic district must also be reviewed and deemed consistent with the DeKalb Historic Preservation Commission (DeKalb HPC). Recommendations of the plan are encouraged to be incorporated into existing or future transportation plans & studies (e.g., Connect Atlanta plan, etc.). Plan is to support Emory’s goal of achieving Gold Level Bicycle Friendly University status by 2025.
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Project Organization:
The project is being funded through a federal Transportation Alternative Program (TAP) grant, through DeKalb County and the Clifton Corridor Transportation Management Association (CCTMA). Emory is also investing in-kind services through its Bike Emory program.
Overall Governance of the Project:
1. Project Working Group (PWG): Primary point of contact for consultants for project. Assists with gathering information, identifying key stakeholders, logistics and provides feedback throughout project. This group will directly guide the plan’s development and will consist of a core group of representatives from project sponsors including the Georgia Department of Transportation (GDOT), the Atlanta Regional Commission (ARC), the CCTMA, DeKalb County, Emory and Local Jurisdictions.
2. Technical Advisory Group (TAG): Composed of planners and engineers appointed by local governments, the TAG will make recommendations based on technical sufficiency, accuracy and completeness of all plans and programs. This input enables the PWG to have a technical viewpoint prior to making decisions. The TAG consists of, but is not limited to, representatives from each impacted jurisdiction, the Georgia Department of Transportation (GDOT), Atlanta Regional Commission (ARC), CCTMA, Emory, MARTA, DeKalb County Historic Preservation Commission (DeKalb HPC), DeKalb County School System, CSX Railroad and the PATH Foundation.
3. Community Advisory Committee (CAC): A group of key CCTMA, Emory and community stakeholders, identified by the PWG, will serve on the Community Advisory Committee. This group will represent a mixture of interests and organizations interested in contributing to the plan development- including, but not limited to, the Druid Hills Civic Association, the Alliance to Improve Emory Village, the Mason Mill Civic Association, the Woodland Hills Civic Association, the Victoria Estates Homeowners Association, the Medlock Area neighborhood Association (MANA), the Atlanta Bicycle Coalition, the Decatur Bicycle Coalition and local business owners. The group will also include representatives from minority or underserved populations within the study area, to be identified by the consultant(s), to be consistent with the DeKalb County Title VI Plans/Policies. The CAC will assist with the promotion of the community workshops.
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SCOPE OF SERVICES:
A. Develop Detailed Scope and Project Schedule Work with PWG staff to review project goals and objectives, refine project scope, and develop detailed project schedule. Schedule should include meetings with the PWG for each step in the process in addition to meetings with key groups identified in section C.
Deliverables & Documentation • Project schedule to submit to PWG, TAG and CAC • Project kick-off meetings with PWG and TAG • Kick-off meeting agendas and minutes • Status Report
B. Refine Goals and Objectives for the Bicycle and Pedestrian Sub Area Plan Refine initial overall goals and objectives (see page 4 of this document) for the Bicycle and Pedestrian Master Planning Study based on existing documents, data and information collected and input from the TAG.
Deliverables & Documentation • Planning Study Goals and Objectives Report
C. Stakeholder Outreach Develop a comprehensive stakeholder involvement strategy within four (4) weeks of project initiation. Major components of the proposed public outreach strategy are:
1. Community Workshops Plan, prepare and facilitate four (4) “stakeholder” workshops, in addition to attending meetings with individuals and small groups as needed throughout the study. The selected consultant(s) will be responsible for determining if translation services are required to comply with Federal and DeKalb County Title VI Plans/Policies. If translation services are required in addition to providing a translator for each group, all materials for the public meeting must be available in required language(s).
First two workshops (1a and 1b) will focus on familiarizing attendees with the project, identifying strengths/weaknesses of the current bicycling and pedestrian network, identify opportunities for system improvements and collecting initial feedback.
The second two workshops (2a and 2b) will occur after development of the draft plan, and will provide an opportunity for input. This meeting will include a presentation summarizing plan recommendations, with supporting maps and display boards highlighting infrastructure and programmatic recommendations. The consultant(s) prepare and distribute notices to invite various community stakeholders, including neighborhood associations, CCTMA members, and Emory students, and staff faculty to attend the workshops.
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2. Community Advisory Committee: Plan, prepare, and facilitate two (2) workshops (3a and 3b) with the designated Community Advisory Committee (CAC), in addition to attending meetings with individuals and small groups as needed throughout the study.
The first workshop will focus on familiarizing attendees with the project, identifying strengths/weaknesses of the current bicycling and pedestrian network and identify opportunities for system improvements.
The second workshop will occur after development of the draft plan, and will provide an opportunity for input. This meeting will include a presentation summarizing plan recommendations, with supporting maps and display boards highlighting infrastructure and programmatic recommendations.
3. Project Emailing List Work with DeKalb County, the CCTMA, Emory staff and the PWG to develop comprehensive stakeholder emailing list including students, staff and faculty, community members, CCTMA members, neighborhood associations, civic associations, Alliance to Improve Emory Village (AIEV), MARTA, GDOT, ARC, DeKalb Historic Preservation Commission, CSX Railroad, PATH Foundation, elected officials, and local, state, and federal agencies. The goal of establishing and maintaining a project emailing list is to ensure that all interested parties are appropriately informed and updated on the purpose and progress of the plan.
4. Project Website/Social Media & On-Line Survey The consultant will establish a website and social media presence to provide students, faculty, staff and local stakeholders an interactive interface to receive updated project information, ask questions and provide feedback. The website and social media presence will include project, public participation, contact information a bicycle/pedestrian user survey and other contemporary methods to collect and display stakeholder input.
Deliverables & Documentation • Community Workshop Agendas and Minutes (4 workshops- 1a, 1b, 2a and 2b) • Documentation of Title VI Compliance • Community Advisory Committee Workshops (2 workshops- 3a and 3b) • Website, Social Media & Survey • Report with Meeting Summaries, Survey/Social Feedback and, Thematic Analysis Summary of Findings • Status Report
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Project Approach: A. Existing Conditions Inventory and Mapping
1. Data Collection and Field Investigations Collect data relevant to bicycle and pedestrian circulation at Emory and between Emory campus/Clifton Corridor and local activity centers. Relevant data includes, but is not limited to: • relevant bicycle and pedestrian projects planned, underway or recently completed • existing street pavement widths, including right-of-way • existing bicycle/pedestrian facilities such as sidewalks, bike lanes and shared use paths • bicycle and pedestrian related accidents • levels of current usage & future state latent demand analysis by route • facility conditions and levels of service • additional items identified by consultants with PWG
Conduct field and data reviews to supplement existing information including touring existing routes by bicycle and/or foot, possibly with members of the PWG and/or representatives of other key interest groups. Field visits should include observations of City of Atlanta (Beltline, Cycletracks, etc.), City of Decatur (Church Street, W. Ponce, etc.), DeKalb County (South Peachtree Trail, Stone Mtn. Trail, Olmstead Linear Park Trails, etc.) Emory University Campus and Georgia Tech bicycle and pedestrian infrastructure. Document field investigations using notes, measurements, GPS and digital photography.
2. Existing Conditions Base Maps Prepare existing conditions base map (Corridor and Emory Campus) based on available data and field investigations. Base map should identify existing bikeway and walkway systems and their level of service within and connecting the local activity centers to the Emory campus/Clifton Corridor.
3. Opportunities and Constraints Analysis Evaluate existing bicycle and pedestrian facilities in Corridor and Emory Campus network based on information and data collected under the tasks listed above. Facilities evaluation should emphasize projects that have the greatest impact on safety and potential to increase number of daily bicycle and pedestrian trips (over current baselines) and evaluated using the following criteria (refined with PWG & TAG): • Regional/local connectivity improvements and completeness of network • ability to serve activity centers/destinations • accessibility/convenience/historic district requirements • ability to serve needs of different types and abilities of bicyclists and pedestrians • level of service/quality of facility • latent demand/impact on daily trips by bicycle or pedestrian • others TBD 11
4. Prepare an Opportunities and Constraints Report describing existing bicycle and pedestrian network in corridor and Emory campus. Report should: • record site-specific information such as level of use, bicycle counts, level of service, facility conditions, etc listed in section above. • identify key safety gaps or obstacles to accessing the campus/corridor/activity centers • identify constraints that may impact system improvements and expansions • identify key opportunities for bicycle and pedestrian safety and connectivity improvements
Deliverables & Documentation • Field inventory of key campus access points, bicycle counts (some data available from the CCTMA and Emory), gaps and bicycle/pedestrian corridors • Existing conditions Base Map(s) • Opportunities and Constraints Report
B. User Impact & Benefits Assessment
1. Bicycle and Pedestrian Demand and Benefits Analysis Use analysis and stakeholder inputs to develop existing and future projected daily bicycle and pedestrian trips (for plan and for use in future air quality and external funding applications).
Estimate potential reductions in single-occupancy vehicle trips; miles traveled and related items such as air quality improvements, health impacts, carbon emissions reduction, etc. Estimate the economic, market competitiveness, and health benefits to Clifton Corridor/Emory of increasing the number bicycle and pedestrian trips in the corridor. Evaluate incentive programs for bicyclists and pedestrians and benchmark against leading programs regionally and nationally. Provide analysis and impact of current and future state bicycle and pedestrian programs.
2. Safety Needs Analysis Evaluate available bicycle/pedestrian accident data in the focus area for the past five years and prepare graphic identifying locations with high incident rates. Accompanying report should discuss specific locations needing improvements and potential enhancements in motorist, bicyclist and pedestrian awareness.
3. Emory Campus Connectivity and improvement of bicycle and pedestrian campus connectivity and safety enhancements. Identify linkages to existing or potential corridor routes and infrastructure. Current and future state demand analysis should be conducted factoring in potential demand increases tied to connectivity improvements.
Deliverables & Documentation • Report summarizing existing and estimated future bicycle/pedestrian demand; estimated air quality, health benefits of an expanded walking and bicycling network • Bicycle/pedestrian safety evaluation with map illustrating reported bicycle/pedestrian accident locations • Emory Campus connectivity with end of trip and safety report. 12
C. Recommended Bicycle and Pedestrian Network and Programs
1. Develop Scoring Methodology with PWG & TAG. Prioritization methodology should emphasize projects that have the greatest impact on safety and potential to increase number of daily bicycle and pedestrian trips (over current baselines) but should also include: • Regional/local connectivity improvements and completeness of network • ability to serve activity centers/destinations • accessibility/convenience • ability to serve needs of different types and abilities of bicyclists and pedestrians • level of service/quality of facility • latent demand/impact on daily trips by bicycle or pedestrian • others TBD
2. Overall Bicycle and Pedestrian Network Plan Develop priority Bicycle and Pedestrian Network Plan to include existing and proposed bike routes, pedestrian paths, sidewalk improvements, bicycle parking, traffic calming solutions, and other improvement projects. Priority routes and improvements should consider future planned development at Emory, Emory University Hospital, the CDC and throughout the Clifton Corridor. The plan should also include recommendations for coordination with current plans and future development. The plan should coordinate future facility types with the requirements of the DeKalb HPC within the historic district. The plan should include identify impacts to commercial and residential land uses, such as required parking restrictions due to bicycle facility conflicts with parking.
3. Bicycle and Pedestrian Network Maps Prepare Bikeway and Pedestrian Network Maps, with typical sections, illustrating the proposed network. The network will be classified by facility types (shared use paths, sidewalks, bicycle boulevards, etc.) adopted by NACTO, AASHTO, the State of Georgia, the City of Atlanta, the City of Decatur and/or other relevant professional organizations conducting research on bicycle and pedestrian planning and design.
4. Project List and Cost Estimates Develop a project list with planning-level cost estimates for implementation. Cost estimates should include engineering, right of way acquisition, utility relocation and construction cost estimates. Project list should recommend a funding partner and sponsor.
5. Project Prioritization Develop a Project Prioritization List ranking projects according to a methodology developed by consultant, PWG and TAG.
Key Deliverables & Documentation • Existing and proposed Pedestrian Network Map & Supporting Data • Existing and proposed Bicycle Network Map & Supporting Data • Project Bicycle and Pedestrian Prioritization List with Planning-level Cost Estimates & Typical Sections
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• Prioritization Methodology Report
D. Develop Implementation Strategy Develop short and longer term implementation strategy with estimated timelines, planning level estimates of probable costs and potential funding sources. Strategy should include recommendations for coordination/updating existing plans to fit with final plan/priorities. Strategy should also include performance management and continuous improvement plans/recommendations that will guide maintenance and evaluation of plan over time.
1. Top Priority Project Description Sheets Develop project description sheets for at least ten of the highest priority projects including: • Street, roadway or corridor name • Location Map with proposed alignments • Proposed facility type(s) & level of service • Existing problem to be addressed • Cost Estimates • Typical Sections • Connectivity to other bike facilities and modes of travel • Recommended end-of-trip facility impact/needs
2. Potential Funding Sources and Opportunities • Prepare a report identifying potential funding sources, their applicability to priority projects and associated criteria for projects and programs
3. Implementation Plan - Prepare a proposed five year and twenty year, financially constrained implementation plan based on the final Project Prioritization List. The financial assumptions should be clearly defined.
Deliverables & Documentation • At least ten Project Description Sheets • Report describing potential funding sources and opportunities • Implementation Plan
E. Draft and Final Bicycle and Pedestrian Master Plan
1. Draft Bicycle and Pedestrian Master Planning Study Prepare a Draft Bicycle and Pedestrian Master Planning Study incorporating the data and information collected. Draft Plan to be presented to PWG, TAG, Community Advisory Committee, CCTMA, Community Meeting and the DeKalb County Board of Commissioners for review and comment.
2. Final Bicycle and Pedestrian Master Planning Study Prepare Final Bicycle and Pedestrian Master Planning Study based on comments and input received on Draft Plan. The Final Plan to be presented to project committees and the DeKalb County Board of Commissioners for adoption and made available to the public.
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Deliverables & Documentation • Draft Bicycle and Pedestrian Master Plan (Electronic and 10 hard copies) • Final Bicycle and Pedestrian Master Plan (Electronic and 20 hard copies) • Electronic files (GIS, AutoCAD, Illustrator, etc.) of all final maps, analysis, surveys, data collected and graphics • Draft and Final Plan Presentations
SCHEDULE:
Consultant’s work will be directed by the PWG. DeKalb County will name a project manager that will be the primary point of contact. Consultant will conduct coordination meetings with Project Staff and prepare all associated meeting materials including meeting agendas, meeting minutes, task lists and progress reports. Maintaining the Georgia Department of Transportation’s (GDOT’s) schedule is of upmost importance for DeKalb County. The final report and all deliverables must be submitted to DeKalb County and approved by the GDOT and ARC subject matter experts by March 2018. The plan will be presented to the DeKalb County Board of Commissioners for approval no later than April 2018.
In addition to regular interaction with the PWG and the TAG, the consultant will conduct four Community Workshops, two meetings with the TAG/CAC and present the project groups for formal review, at appropriate intervals.
The consultant should expect two update meetings with the DeKalb County District 2 and 6 Commissioners (every effort will be made to update both Commissioners in a joint meeting), eight meetings with the PWG, 4 Community Workshops, 3 meetings with the TAG, up to 10 pre- meetings prior to key meetings, two meetings with Emory Campus Services, City and County Planning Staff; two meetings with the CAC; additional meetings with key stakeholders and/or jurisdictional representatives. Other meetings may be required and whenever possible, meetings with different groups will be scheduled on the same day. A final presentation will be made to the DeKalb County Board of Commissioners at a committee meeting and to the CCTMA. Following review and comment by these groups, the planning document will be revised and updated as necessary. Once comments are incorporated, a final meeting with the DeKalb County Board of Commissioners is required for plan adoption.
REFERENCE MATERIALS: Upon selection Emory and Local Jurisdictional/Agency Partners will provide consultant: 1. AutoCAD base topographic & other maps (Buildings, Roads, Utilities, Pedestrian paths, Fire Access)
2. AutoCAD Future Planning Maps
3. Relevant Neighborhood & Campus Planning Studies
4. Copies of Bi-Annual Emory Bicycle Survey Results
5. List and Descriptions of Bicycle Programs 15
6. Clifton Road Traffic Count Data
7. GDOT crash data and the CCTMA Bicycle/Pedestrian Safety Assessment
8. OTHERS - TBD
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Selection of Consultant will be evaluated on the following criterias: Each Proposal shall include and will be evaluated on the following: 1. The maximum page count for the submittal is 25 pages total. These pages are required to be numbered. Please note the requirements listed below that are not included in the maximum page count total. 2. Provide a brief technical approach to each project including project understanding, detailed work plan, innovative concepts or alternatives, quality control procedures and proposed schedule. The work plan and schedule can be combined to show proposed meetings, workshops, deadlines, progress reviews, etc. 3. Overview and statement of qualifications of the consulting firm(s). Qualified firms should specialize in bicycle and pedestrian planning with demonstrated national/international bicycle and pedestrian planning experience and expertise. In addition, firms should have experience planning in complex urban environments and multijurisdictional areas. 4. Organizational chart outlining roles of members of the consulting firm(s) and percent of each individual’s time allocated to this project. A project manager/lead must clearly be identified. 5. Resumes for the project manager and key personnel with relevant experience assigned to this project. Documentation of Resumes is to be placed in an appendix and will not be counted toward the maximum page count. 6. Statement of commitment in regard to time and expertise to this project. 7. Three (3) client references for the prime consultant firm and two (2) for the project manager for similarly scoped projects. References are to be placed in an appendix and will not be counted toward the maximum page count. The reference form provided by the county must be used. 8. Consultant must be prequalified in the Georgia Department of Transportation (GDOT) areas: 1.13 Non-motorized Transportation Planning, 3.13 Bicycle and Pedestrian Facility Design, 3.02 Two-lane or Multi-lane Urban Roadway Design, 3.06 Traffic Operations Studies, 3.07 Traffic Operations Design, 3.08 Landscape Architecture and 3.13 Bicycle and Pedestrian Facility Design. Documentation of prequalification is to be placed in an appendix and will not be counted toward the maximum page count. 9. The consultant project manager must be a licensed registered Professional Engineer (P.E.) or certified by the American Institute of City Planners (A.I.C.P) within the State of Georgia. Documentation of registration is to be placed in an appendix and will not be counted toward the maximum page count. 10. Preference given to a local office located within the Atlanta Region. 11. The consultant(s) will be selected based on the DeKalb County Policy for Competitive Negotiation Qualifications-based Selection for Projects using Federal Aide Highway (FAHP) Funding Policy.
III. PROPOSAL FORMAT
Responders are required to submit their proposals in the following format:
A. Cost Proposal
1. The cost proposal must be submitted in a separate, sealed envelope with the 17
responder’s name and “Cost Proposal for Request for Proposals No.17-500450 for “Clifton Corridor Bicycle and Pedestrian Sub Area Connectivity Study, PI0015066” on the outside of the envelope.
2. DO NOT INCLUDE FEES OR COSTS IN ANY AREA OUTSIDE OF THIS COST PROPOSAL. Including fees in any area outside of the Cost Proposal in its separate, sealed envelope may result in Responder’s proposal being deemed non-responsive.
3. Responders are required to submit their costs on Attachment F, Cost Proposal Form. Responder shall not alter the cost proposal form.
B. TECHNICAL PROPOSAL (NOTE: DO NOT INCLUDE ANY COSTS OF ANY KIND IN THIS SECTION)
1. Technical Proposals must be submitted in a sealed envelope(s) or box(s) with the responder’s name and “Request for Proposals No.17-500450 for “Clifton Corridor Bicycle and Pedestrian Sub Area Connectivity Study, PI0015066” on the outside of each envelope or box.
2. Responder shall complete Attachment B, Proposal Cover Sheet, and include this as the first page of the technical proposal.
3. Timeliness: a. Provide a performance timeline work schedule based on the information presented in the scope of work that includes all segments of your proposed work. 4. Approach/Implementation: a. Describe the methods and processes that you would use to complete the tasks and objectives outlined in the scope of work. 5. Experience/Personnel: a. Indicate the experience the respondent has in the areas identified in the scope of work. Describe any additional experience that would substantiate and enhance the qualifications of the respondent in regard to the performance of a contract resulting from this solicitation. b. State the name, title or position, and telephone number of the individuals who would have primary responsibilities for the project resulting from this RFP. Disclose who within the firm will have primary responsibility and final authority for the work under this contract. Attach a current resume for each individual. 6. References: a. Responder shall provide three (3) references for projects similar in size and scope to the project specified herein using the Reference and Release Form(Prime) attached hereto as Attachment C. 7. Fee/Cost (Separate Sealed Envelope): a. Identify all costs to be charged for performing the tasks necessary to accomplish 18
the objectives of the contract as stated herein. 8. Provide the following information: Are you a DeKalb County Firm? Yes/No.
C. Local Small Business Enterprise Ordinance
LOCAL SMALL BUSINESS ENTERPRISE (LSBE) – NOTICE TO POTENTIAL PROPOSER All potential proposers are hereby advised that the County’s LOCAL SMALL BUSINESS ENTERPRISE (LSBE) requirements are suspended for this project. It is mandatory that the State of Georgia Disadvantage Business Enterprise (DBE) Goals/Requirements be completed and submitted with the proposals. There is a Georgia Department of Transportation DBE requirement of 15%. Documentation of the GDOT approved DBE status must be submitted in an appendix of the proposal, but will not be counted as part of the maximum page count. All are federal aid funded projects.
FIRST SOURCE JOBS ORDINANCE – NOTICE TO POTENTIAL BIDDERS All potential bidders are hereby advised that the County’s FIRST SOURCE JOBS ORDINANCE requirements are suspended for this project. All efforts in these areas by potential proposers will be considered.
D. Federal Work Authorization Program Contractor and Subcontractor Evidence of Compliance
All qualifying contractors and subcontractors performing work with DeKalb County, Georgia must register and participate in the federal work authorization program to verify the work eligibility information of new employees. Successful responder(s) shall be required to register and participate in the federal work authorization program which is a part of Attachment J, Sample County Contract. In order for a Proposal to be considered, it is mandatory that the Responder Affidavit, Attachment E, be completed and submitted with responder’s proposal.
IV. EVALUATION CRITERIA:
The County will review the proposals and select Proposer on the basis of the evaluation criteria listed. The County reserves the right to reject and/or to negotiate any and all proposals submitted, to request additional information from all Proposers and to negotiate with one or more of the finalists regarding the terms of the engagement. The County intends to select the firm that, in its opinion, best meets the County’s needs, not necessarily the firm whose fees are the lowest.
Evaluation Criteria and the maximum possible points to be awarded for each criterion will be as follows:
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No Criteria Maximum Points 1 Schedule 10 2 Project Approach 35 3 References 10 4 Statement of Qualifications / Organizational Chart/ 20 GDOT Pre-Qualifications/ DBE Requirements 5 Experience 25 Total 100 Optional Interview 10 – bonus points
The County reserves the right to consider all relevant and reasonable information relating to the evaluation criteria listed, which may or may not be explicitly stated in the Scope of Services description, when selecting the successful Proposer.
V. CONTRACT ADMINISTRATION:
Standard County Contract
The attached sample contract is the County’s standard contract document (see Attachment J), which specifically outlines the contractual responsibilities. All responders should thoroughly review the document prior to submitting a proposal. Any proposed revisions to the terms or language of this document must be submitted in writing with the responder’s response to the request for proposals. Since proposed revisions may result in a proposal being rejected if the revisions are unacceptable to the County, responders should review any proposed revisions with an officer of the firm having authority to execute the contract. No alterations can be made in the contract after award by the Board of Commissioners.
A. Submittal Instructions
One (1) original Technical Proposal stamped “Original” and five (5) identical copies of the Technical Proposal; and one (1) copy of the Cost Proposal (see Section III.A. for additional instructions regarding submittal of Cost Proposal) must be submitted to the following address no later than 3:00 p.m. on June 5, 2017.
DeKalb County Department of Purchasing and Contracting The Maloof Center, 2nd Floor 1300 Commerce Drive Decatur, Georgia 30030
Proposals must be clearly identified on the outside of the envelope with the responder’s name and “Request for Proposals No. 17-500450 for “Clifton Corridor Bicycle and Pedestrian Sub Area Connectivity Study, PI0015066” on the outside of the envelope(s) or box(s).
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B. Pre-Proposal Conference
A pre-proposal conference will be held at 2:00P.M. EST, May 23, 2017 at Clark Harrison Building, Conference Room A, 330 E. Ponce de Leon Ave, Decatur, GA 30030. Interested responders are encouraged to attend and participate in the pre-proposal conference. For information regarding the pre-proposal conference, please contact Karlene N. Jessie, Procurement Agent at (404) 687-3558 or via email [email protected].
C. Questions
Questions must be submitted to the Department of Purchasing and Contracting in writing by the following method: via email to [email protected], no later than 5:00 p.m. on May 25, 2017. Questions and requests for interpretation received by the Department of Purchasing and Contracting after this date will not receive a response or be the subject of addenda.
D. Acknowledgment of Addenda
Addenda may be issued in response to changes in the Request for Proposals. Addenda must be acknowledged either in a cover letter or by signing and returning the Addendum form within the proposal packet. Acknowledgments must be received no later than the proposal due date. Failure to properly acknowledge any Addendum may result in a declaration of non-responsiveness by the County Administration. All addendums issued for this project may be found on DeKalb County’s website, http://www.dekalbcountyga.gov/purchasing/pc-formal-bids-&-rfps.html.
E. Proposal Duration
Proposals submitted in response to this RFP must be valid for a period of One Hundred Twenty (120) days from proposal submission deadline and must be so marked.
F. Project Manager
The County will designate a Project Director/Contract Manager to coordinate this project for the County. The successful responder will perform all work required pursuant to the contract under the direction of and subject to the approval of the designated Project Director/Contract Manager. All issues including, payment issues, shall be submitted to the Project Director/Contract Manager for resolution.
G. Expenses of Preparing Responses to this RFP
The County accepts no responsibility for any expenses incurred by the responders to this RFP. Such expenses are to be borne exclusively by the responders.
H. Georgia Open Records Act
Without regard to any designation made by the person or entity making a submission,
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DeKalb County considers all information submitted in response to this invitation or request to be a public record that will be disclosed upon request pursuant to the Georgia Open Records Act, O.C.G.A. §50-18-70 et seq., without consulting or contacting the person or entity making the submission, unless a court order is presented with the submission. You may wish to consult an attorney or obtain legal advice prior to making a submission.
I. Business License
Responders shall submit with their proposal, a copy of their valid company business license. If the Responder is a Georgia corporation, Responder shall submit a valid county or city business license. If the Responder is not a Georgia corporation, Responder shall submit a certificate of authority to transact business in the state of Georgia and a copy of their valid business license issued by their home jurisdiction. If Responder holds a professional certification which is licensed by the state of Georgia, then Responder shall submit a copy of their valid professional license. Any license submitted in response to this requirement shall be maintained by the Responder for the duration of the contract.
J. Right to Audit
The County shall have the right to audit all books and records, including electronic records, relating or pertaining to this contract or agreement, including but not limited to all financial and performance related records, property, and equipment purchased in whole or in part with County funds and any documents or materials which support those records, kept under the control of the Contractor, including but not limited to those kept by the Contractor's employees, agents, assigns, successors and subcontractors. The County also has the right to communicate with Contractor's employees related to the audited records.
The Contractor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this contract and for seven (7) years after termination or expiration, including any and all renewals thereof. The books and records, together with supporting documents and materials shall be made available, upon request to the County or its designee, during normal business hours at the Contractor's office or place of business. In the event that no such location is available, then the books, records, and supporting documents shall be made available for audit at a time and location which is convenient for the County.
VI. AWARD OF CONTRACT:
An evaluation committee will review and rate all proposals and may determine an interview list of the firms whose proposals are highest rated based on qualifications and information requested herein and Section III, Proposal Format.
Interview listed firms may be scheduled for an oral presentation to the evaluation committee, not to exceed one hour’s duration, in order to respond to questions from the evaluation committee relevant to the firm’s proposal.
The evaluation committee will make its recommendation for award to the DeKalb County Board of Commissioners, who will make the final decision as to award of contract. 22
VII. TIMELINE:
The timeline set herein represents the County’s best estimate of the schedule that will be followed. However, delays to the procurement process may occur which may necessitate adjustments to the proposed schedule. If a component of this schedule, such as the close date, is delayed, the rest of the schedule may be shifted as appropriate. Any changes to dates up to the closing date of the RFP will be sent out as an official, written addendum prior to the closing date of the RFP. After the close of the RFP, the County reserves the right to adjust the remainder of the proposed dates, including the dates for evaluation, negotiations, contract award and the contract term on an as-needed basis with or without notice.
The anticipated schedule is as follows:
Tasks Date Advertise RFP May 1, 2017
Final Date for Submission Questions May 25, 2017 Addendum Issued by Purchasing (if necessary) TBA Proposal Submission Deadline June 5, 2017 RFP Evaluation Begin June 8, 2017 Interviews will be scheduled if deemed necessary TBD Award Recommendation TBD Expected Award Date TBD Expected Contract Start Date TBD
VIII. NEGOTIATE CHANGES:
In the event negotiation of changes occurs after the award of the contract, the same pricing policies called for in the original contract will remain in effect.
IX. QUALIFICATION OF PROPOSER:
Each Proposer shall demonstrate its qualification by providing the County with a proposal that includes the following information, which the County will use as criteria for evaluating the Proposer’s response: a. Experience and Qualification of Project Manager b. Project Approach c. References d. Adherence to GDOT Schedule
X. PROPOSED APPROACH:
1. Describe in narrative form, your proposed approach to this engagement, including time deadlines by which you would want information from the County, method of transmission of data from the County to your firm, turn-around time in preparing reports, quality controls within your company, and the format of any standard report. 23
Include examples or sample information of reports or other data you have developed (i.e. sample reports of other jurisdictions you have worked with.) 2. A description of the services you intend to provide and your proposed approach to proving the requested services.
XI. FEE:
1. The cost proposal must be submitted in a separate, sealed envelope with the responder’s name and “Cost Proposal for Request for Proposal No.17-500450 for Clifton Corridor Bicycle and Pedestrian Sub Area Connectivity Study, PI0015066” on the outside of the envelope. 2. DO NOT INCLUDE FEES OR COST OF ANY KIND IN THE TECHNICAL OR ON ANY AREA OUTSIDE THIS COST PROPOSAL. Including fees in any area outside of the Cost Proposal in its separate, sealed envelope may result in Responder’s proposal being deemed non-responsive. 3. Responders are required to submit their costs on Attachment F, Cost Proposal Form. Responder shall not alter the cost proposal form. 4. Submit a fee proposal to provide the professional consulting services outlined in the above Scope of Services. The fee proposal must be an all-inclusive amount for the services proposed, including staff travel. Payment for services will be based on measured deliverables that both parties have agreed upon which will reflect the value of the work performed. 5. In the case of an error in the extension of prices in the proposal, unit prices will govern.
XII. OTHER INFORMATION:
Provide any other information that you believe will assist the County in making its selection. Such information may be in this last section of your proposal or may be presented in one or more appendices.
XIII. CHANGES TO KEY PERSONNEL:
The personnel and commitments identified on any Proposer’s proposal will be considered essential to the work to be performed under this RFP. Prior to diverting any of the specified individuals to other projects or changing the level of effort of the specified individuals, the Proposer must notify the County fourteen (14) days in advance and will be required to submit justification, including proposed substitutions, in sufficient detail, to permit evaluation of the impact on the project. The Proposer will make no deviation without the prior written consent of the County. Replacement of personnel will be with personnel of equal ability and qualifications.
The County shall have the right to reject any of the staff provided by the Proposer, who in the sole opinion of the County is unacceptable, with 24-hour notice, and the Proposer shall be able to provide an immediate, temporary replacement and within 14 days, provide a 24
permanent replacement with acceptable technical experience and skills.
THE COUNTY RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS, TO WAIVE INFORMALITIES, AND TO RE-ADVERTISE.
Sincerely, Karlene N. Jessie ______Karlene N. Jessie Procurement Agent Department of Purchasing and Contracting
Attachment A: Required Documents Checklist Attachment B: Proposal Cover Sheet Attachment C: Reference and Release Form (Prime) Attachment D: Reference and Release Form (Project Manager) Attachment E: Responder Affidavit Attachment F: Cost Proposal Forms Attachment G: Sub-Contractor Affidavit Attachment H: DBE Goals Attachment I: Certificate of Corporate Resolution Attachment J: Sample Standard County Contract
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ATTACHMENT A
REQUIRED DOCUMENTS CHECKLIST
Responder shall complete and submit the following documents with Responder’s proposal. Attachment F, Cost Proposal Form, shall be submitted in a separate sealed envelope (separated per Project) in accordance with the RFP, Section III.A. All other documents are to be submitted in Responder’s Technical Proposal.
Proposal Title Page No.
Cost Proposal
Proposal Cover Sheet
Reference and Release Form (Prime)
Reference and Release Form (Subcontractor)
Responder Affidavit
DBE Goals Form
Business License
Acknowledgements for all addenda issued to this RFP
Exceptions to Contract (in any)
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ATTACHMENT B
PROPOSAL COVER SHEET
NOTE: Read all instructions, conditions and specifications in detail before completing this Request for Proposal.
Please complete and include this cover sheet with your technical proposal. Company Name Federal Tax ID#
Complete Primary Address County City Zip Code
Mailing Address (if different) City State Zip Code
Contact Person Name and Title Telephone Number (include area code)
Email Address Fax Number (include area code)
Company Website Address Type of Organization (check one)
Corporation Joint Venture Proprietorship Government
Proposals for RFP #17-500450, Clifton Corridor Bicycle and Pedestrian Sub Area Connectivity Study, PI0015066 described herein will be received in the Purchasing & Contracting Department, Room 2nd Floor, The Maloof Center, 1300 Commerce Drive, Decatur, Georgia 30030 on June 5, 2017 until 3:00 p.m. (EST). Proposals shall be marked in accordance with the RFP, Section III.B.
CAUTION: The Decatur Postmaster will not deliver certified or Special Delivery Mail to specific addresses within DeKalb County Government. When sending proposals or time sensitive documents, you may want to consider a courier that will deliver to specific addresses.
Proposal Cover Sheet should be signed by a representative of Proposer with the authority to bind Proposer to all terms, conditions, services, and financial responsibilities in the submitted Proposal.
Authorized Representative Signature(s) Title(s)
Type or Print Name(s) Date
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ATTACHMENT C REFERENCE AND RELEASE FORM (PRIME)
“You must submit three (3) viable references for the prime consultant firm with information who can verify your experience and ability to perform the type of service listed in the solicitation. References must include company name, contact name, address, email address, telephone numbers and contract period. Failure to submit references with direct contact information may deem your proposal non-responsive.” Company Name Contract Period
Contact Person Name and Title Telephone Number (include area code)
Complete Primary Address City State Zip Code
Email Address Fax Number (include area code)
Project Name
Company Name Contract Period
Contact Person Name and Title Telephone Number (include area code)
Complete Primary Address City State Zip Code
Email Address Fax Number (include area code)
Project Name
Company Name Contract Period
Contact Person Name and Title Telephone Number (include area code)
Complete Primary Address City State Zip Code
Email Address Fax Number (include area code)
Project Name REFERENCE CHECK RELEASE STATEMENT You are authorized to contact the references provided above for purposes of this RFP.
Signed Title (Authorized Signature of Proposer)
Company Name Date 28
ATTACHMENT D REFERENCE FORM (PROJECT MANAGER) “You must submit at least two (2) viable references for the project manager for similarly scoped projects, who can verify your experience and ability to perform the type of service listed in the solicitation. References must include company name, contact name, address, email address, telephone numbers and contract period. Failure to submit references with direct contact information may deem your proposal non-responsive.” Company Name Contract Period
Contact Person Name and Title Telephone Number (include area code)
Complete Primary Address City State Zip Code
Email Address Fax Number (include area code)
Project Name
Company Name Contract Period
Contact Person Name and Title Telephone Number (include area code)
Complete Primary Address City State Zip Code
Email Address Fax Number (include area code)
Project Name
Company Name Contract Period
Contact Person Name and Title Telephone Number (include area code)
Complete Primary Address City State Zip Code
Email Address Fax Number (include area code)
Project Name
REFERENCE CHECK RELEASE STATEMENT You are authorized to contact the references provided above for purposes of this RFP.
Signed Title
(Authorized Signature of Responder)
Company Name Date
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ATTACHMENT E
RESPONDER AFFIDAVIT
By executing this affidavit, the undersigned verifies its compliance with O.C.G.A. § 13-10- 91, as amended, stating affirmatively that the responder submitting a proposal to DEKALB COUNTY, GA, a political subdivision of the State of Georgia, has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91, as amended].
Responder’s Name Federal Work Authorization Enrollment Date
BY: Authorized Officer or Agent
Title of Authorized Officer or Agent of Proposer Identification Number
Printed Name of Authorized Officer or Agent
Address (*do not include a post office box)
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20
Notary Public My Commission Expires:
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ATTACHMENT F
COST PROPOSAL FORM (Consisting of 2 pages)
CLIFTON CORRIDOR BICYCLE AND PEDESTRIAN SUB AREA CONNECTIVITY STUDY, PI0015066
Responder: Please complete the attached pages of the Cost Proposal Form, and return them with this cover page. The cost proposal MUST be submitted in a separate, sealed envelope with the Responder’s name and “Request for Proposals No. 17-500450 for Clifton Corridor Bicycle and Pedestrian Sub Area Connectivity Study, PI0015066” clearly identified on the outside of the envelope.
By signing this page, Responder acknowledges that he has carefully examined and fully understands the Contract, Scope of Work, and other attached documents, and hereby agrees that if his proposal is accepted, he will contract with DeKalb County according to the Request for Proposal documents.
Please provide the following information:
Name of Firm:
Address:
Contact Person Submitting Proposal:
Title of Contact Person:
Telephone Number:
Fax Number:
E-mail Address:
Signature of Contact Person
Title of Contact Person
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COST PROPOSAL FORM (Consisting of 2 pages)
I. Responder: State a FIRM FIXED LUMP SUM for all costs, direct and indirect, administrative costs, and all things necessary for Clifton Corridor Bicycle and Pedestrian Sub Area Connectivity Study, PI0015066. Total should be in accordance with milestone and deliverables.
$ (State the amount in writing on this line.)
$ (State amount in figures on this line.)
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ATTACHMENT G
Sub-Contractor/DBE Affidavit under O.C.G.A. § 13-10-91
By executing this affidavit, the undersigned Subcontractor 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 under a contract with ______(insert name of Contractor) on behalf of DEKALB COUNTY, GEORGIA 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. § 13-10-91. Furthermore, the undersigned Subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub- subcontractors who present an affidavit to the Subcontractor with the information required by O.C.G.A. § 13-10-91. Additionally, the undersigned Subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the Contractor within five business days of receipt. If the undersigned Subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned Subcontractor must forward, within five business days of receipt, a copy of the notice to the Contractor. Subcontractor 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
______Name of Subcontractor
______Name of Project
DeKalb County Georgia Government ______Name of Public Employer
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on ______, 20__ in ______(city), ______(state).
By:______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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ATTACHMENT H
Department of Transportation STATE OF GEORGIA
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM CRITERIA FOR ACCEPTABILITY
The purpose of this special provision is to establish criteria for acceptability of DBE firms for work performed on this contract. The intent is to ensure all participation counted toward fulfillment of the DBE goals is (1) real and substantial, (2) actually performed by viable, independent DBE owned firms, and (3) in accordance with the spirit of the applicable laws and regulations.
The policy of the Georgia Department of Transportation is to ensure compliance with Title VI of the Civil Rights Act of 1964, 49 Code of Federal Regulations, Part 26 and related statutes and regulations in all program activities.
To this end the Georgia Department of Transportation shall not discriminate on the basis of race, color, sex or national origin in the award, administration and performance of any Georgia Department of Transportation assisted contract or in the administration of its Disadvantaged Business Enterprise Program. The Georgia Department of Transportation shall take all necessary and reasonable steps to ensure nondiscrimination.
DBE payments and commitments for Federal-aid projects shall be separate and distinct and cannot be transferred or combined in any matter.
The DBE Goal specified in the contract will be a percentage representing the DBE Race Conscious Participation. The Contractor will strive to achieve an additional percentage in his/her contracts for all projects during the course of the current State Fiscal Year, in order to meet the overall Georgia Department of Transportation DBE goal.
DBE DIRECTORY: The Department has available a directory or source list to facilitate identifying DBEs with capabilities relevant to general contracting requirements and to particular solicitations. The Department will make the directory available to bidders and proposers in their efforts to meet the DBE requirements. The directory or listing includes firms which the Department has certified to be eligible DBEs in accordance with 49 CFR Part 26.
GOAL FOR PARTICIPATION: If a percentage goal for DBE participation in this contract is set forth elsewhere in this proposal, the Contractor shall complete the DBE GOALS Form included in the proposal. The Contractor is encouraged to make every effort to achieve the goal set by the Department. However, if the Contractor cannot find sufficient DBE participants to meet the goal established by the Department, the
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Department will consider for award a proposal with less participation than the established goal if:
(A) The bidder can demonstrate no greater participation could be obtained. This should be well documented by demonstrating the Contractor’s actions through good faith efforts. The following is a list of types of actions which the Department will consider as part of the Contractor’s good faith efforts to obtain DBE participation. This is not intended to be a mandatory checklist nor intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases.
(1) Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the contract. The Contractor must solicit this interest within sufficient time to allow the DBEs to respond to the solicitation. The Contractor must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations.
(2) Selecting portions of the work to be performed by DBEs in order to increase the likelihood the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the Contractor might otherwise prefer to perform these work items with its own forces.
(3) Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist DBEs participants in responding to a solicitation.
(4) (a) Negotiating in good faith with interested DBEs. Contractor(s) are responsible to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work.
(b) Contractor(s) using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm’s price and capabilities as well as contract goals into consideration. However, the fact there may be some additional costs involved 35
in finding and using DBEs is not in itself sufficient reason for a bidder’s failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a Contractor to perform the work of a contract with its own organization does not relieve the Contractor of the responsibility to make good faith efforts. Contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable.
(5) Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The Contractor’s standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. nonunion employee status) are not legitimate causes for the rejection or non-solicitation of bids in the Contractor’s efforts to meet the project goal.
(6) Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the contractor.
(7) Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services.
(8) Effectively using the services of available minority/women community organizations; minority/women Contractors’ groups; local, state and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBE’s.
(B) The participation proposed by the low bidder is not substantially less than the participation proposed by the other bidders on the same contract.
If no percentage goal is set forth in the proposal, the contractor may enter a proposed DBE participation. This voluntary DBE participation will count as race neutral DBE participation. Prime Contractor shall report race-neutral participation in accordance with the DBE Monthly Report requirements shown in this document.
To be eligible for award of this contract, all bidders will be required to submit the following information to the Department by the close of business on the 3rd working day following opening of the bid as a matter of bidder responsibility.
i. The names and addresses of DBE firms committed to participate in the Contract; ii. A description of the work each DBE will perform; The Contractor shall provide information with their bid showing that each DBE listed by the Contractor is certified in the NAICS code(s) for the kind of
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work the DBE will be performing. iii. The dollar amount of participation for each DBE firm participating; Written documentation of the bidder’s commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; iv. Written confirmation from the DBE committed to participating in the contract, as provided in the prime contractor’s commitment. v. If the contract goal is not met, evidence of good faith efforts must be provided.
Failure by a bidder to furnish the above information may subject the bid to disqualification. Also failure by the bidder to submit satisfactory evidence of good faith efforts may subject the bid to disqualification.
Award of a contract by the Department to a Prime Contractor who has listed DBE participants with the bid may not constitute final approval by the Department of the listed DBE. The Department reserves the right to approve or disapprove a Disadvantaged firm after a review of the Disadvantaged firm’s proposal participation. Payment to the Contractor under the contract may be withheld until final approval of the listed DBEs is granted by the Department.
If the Contractor desires to substitute a DBE in lieu of those listed in the proposal, a letter of concurrence shall be required from the listed DBE prior to approval of the substitution, unless this requirement is waived by the Department.
Agreements between bidder and a DBE in which promises not to provide Subcontracting quotations to other bidders are prohibited.
DEFINITION: For the purposes of this provision, the following definitions will apply: Disadvantaged Business Enterprise or DBE means a for-profit small business concern – (1) Ensuring at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which 51 percent of the stock is owned by one or more such individuals; and (2) Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own the business.
Good Faith Efforts means efforts to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement.
Joint Venture means an association of a DBE firm and one or more other firms to carry out a single, for-profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. 37
Socially and Economically Disadvantaged Individual means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is –
(1) Any individual who the Department finds to be a socially and economically disadvantaged individual on a case-by-case basis. (2) Any individual in the following groups, members of which are reputably presumed to be socially and economically disadvantaged. (i) “Black Americans,” which includes persons having origins, in any of the Black racial groups of Africa; (ii) “Hispanic Americans,” which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; (iii) “Native Americans,” which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; (iv) “Asian-Pacific Americans,” which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kiribati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong; (v) “Subcontinent Asian Americans,” which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; (vi) Women; (vii) Any additional groups whose members are designated as socially and economically disadvantaged by the SBA, at such time as the SBA designation becomes effective.
(3) GDOT will presume that such persons are socially and economically disadvantaged only to the extent permitted by applicable federal law.
Race-conscious measure is one focused specifically on assisting only DBEs, including women- owned DBEs. Race-neutral measure is one being, or can be, used to assist all small businesses. For the purposes of this part, race-neutral includes gender-neutrality.
DISCRIMINATION PROHIBITED: No person shall be excluded from participation in, denied the benefits of, or otherwise discriminated against in connection with the award and performance of this contract on the grounds of race, color, sex or national origin.
The following assurance becomes a part of this contract and must be included in and made a part of each subcontract the prime contractor enters into with their subcontractors (49 CFR 26.13): 38
“The contractor, and/or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT – assisted contracts. Failure by the contractor to carry out these requirements is (breach) of this contract which may result in the termination of this contract or such other remedy as the Department deems appropriate”.
Failure to Achieve Requirements: Periodic reviews shall be made by the Department to determine the extent of compliance with the requirements set forth in this provision. If the Contractor is found to be in noncompliance, further payments for any work performed may be withheld until corrective action is taken. If corrective action is not taken, it may result in termination of this contract. During the life of the contract, the contractor will be expected to demonstrate good faith efforts at goal attainment as provided by 49 CFR 26.
The contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Department’s written consent to substitute and, unless the Department’s consent is provided the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.
Participation will be counted toward fulfillment of the DBE goal as follows:
(A) When a DBE participates in a contract, the Contractor counts only the value of the work actually performed by the DBE toward DBE goals.
(1) Count the entire amount of the portion of a construction contract (or other contract not covered by paragraph (A) (2) of this section) performed by the DBE’s own forces. Include the cost of supplies and materials obtained by the DBE for the work of the contract, including supplies purchased or equipment leased by the DBE (except supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate).
(2) Count the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of a DOT- assisted contract, toward DBE goals, provided the Department determines the fee is reasonable and not excessive as compared with fees customarily allowed for similar services.
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(3) When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the DBE’s subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals.
(B) When a DBE performs as a participant in a joint venture, count a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract the DBE performs with own forces toward DBE goals.
(C) Count expenditures to a DBE contractor toward DBE goals only if the DBE is performing a commercially useful function on that contract.
(1) A DBE performs a commercially useful function when responsible for execution of the work of the contract and carrying out responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. (2) A DBE does not perform a commercially useful function if their role is limited to being an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. (3) If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of their contract with their own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Department will presume the DBE is not performing a commercially useful function. (4) When a DBE is presumed not to be performing a commercially useful function as provided in paragraph (C) (3) of this section, the DBE may present evidence to rebut this presumption. (5) The Department’s decisions on commercially useful function matters are subject to review by the US DOT, but are not administratively appealable to the US DOT.
(D) The following factors are to be used in determining whether a DBE trucking company is performing a commercially useful function:
(1) The DBE must be responsible for the management and supervision of the entire trucking operation for which they are responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals. (2) The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract. 40
(3) The DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs. (4) The DBE may lease trucks from another DBE firm, including an owner / operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provided on the contract. (5) The DBE may also lease trucks from a non-DBE and is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. (6) For purposes of this paragraph (D), a lease must indicate the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.
(E) Count expenditures with DBEs for materials or supplies toward DBE goals as provided in the following:
(1) (i) If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies toward DBE goals. (ii) For purposes of this paragraph, a manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications.
(2) (i) If the materials or supplies are obtained from a DBE regular dealer, count 60 percent of the cost of the materials or supplies toward DBE goals. (ii) For purposes of this section, a regular dealer is a firm owning, operating, or maintaining a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. (A) To be a regular dealer, the firm must be an established, regular business engaging, as its principal business and under its own name, in the purchase and sale or lease of the products in question. (B) A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business 41
as provided in this paragraph (E)(2)(ii) if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers’ own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis. (C) Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not regular dealers within the meaning of this paragraph (E)(2).
(3) With respect to materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, toward DBE goals, provided you determine the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services. Do not count any portion of the cost of the materials and supplies themselves toward DBE goals, however.
(4) You must determine the amount of credit awarded to a firm for the provision of materials and supplies (e.g., whether a firm is acting as a regular dealer or a transaction expediter) on a contract-by-contract basis. Do not count the participation of a DBE subcontractor toward the prime contractor’s DBE achievements until the amount being counted toward the goal has been paid to the DBE.
(5) No participation will be counted not in compliance with Special Provision entitled “Criteria for Acceptability” which is a part of this contract or with any provisions included in 49 CFR Part 26.
(6) If the contract amount overruns, the contractor will not be required to increase the dollar amount of DBE participation. If the contract amount under runs, the contractor will not be allowed to under run the dollar amount of DBE participation except when the DBE subcontracted items themselves under run.
REPORTS A. The contractor shall submit a “DBE Participation Report” on this contract monthly which shall include the following:
1. The name of each DBE participating in the contract.
2. A description of the work to be performed, materials, supplies, and services provided by each DBE. 3. Whether each DBE is a supplier, subcontractor, owner/operator, or other.
4. The dollar value of each DBE subcontract or supply agreement.
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5. The actual payment to date of each DBE participating in the contract.
6. The report shall be updated by the Prime Contractor whenever the approved DBE has performed a portion of the work that has been designated for the contract. Copies of this report should be transmitted promptly to the Engineer. Failure to submit the report within 30 calendar days following the end of the month may cause payment to the contractor to be withheld.
7. The Prime Contractor shall notify the Project Engineer at least 24 hours prior to the time the DBE commences working on the project. The DBE must furnish supervision of the DBE portion of the work, and the person responsible for this supervision must report to the Project Engineer when they begin work on the project. They must also inform the Project Engineer when their forces will be doing work on the project.
B. In order to comply with 49 CFR 26.11, the Prime Contractor shall submit documentation regarding all payments made from the Prime to all DBE subcontractors on federal aid projects in the form of copies of cancelled checks or notarized electronic documentation which validates said payments made on the DBE Monthly Participation Reports. This information shall be required monthly and submitted with the DBE Monthly Participation Report.
C. Failure to respond within the time allowed in the request will be grounds for withholding all payments on all Contracts.
SUBSTITUTION OF DBEs: The Contractor shall make reasonable efforts to replace a DBE Subcontractor unable to perform work for any reason with another DBE. The Department shall approve all substitutions of Subcontractors in order to ensure the substitute firms are eligible DBEs.
When a DBE subcontractor is terminated, or fails to complete its work on the contract for any reason, the prime contractor must make good faith efforts to find another DBE subcontractor to substitute for the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the contract as the DBE that was terminated, to the extent needed to meet the contract goal. The good faith efforts shall be documented by the contractor. If the recipient requests documentation under this provision, the contractor shall submit the documentation within 7 days, which may be extended for an additional 7 days if necessary at the request of the contractor, and the recipient shall provide a written determination to the contractor stating whether or not good faith efforts have been demonstrated.
CERTIFICATION OF DBEs: To ensure the DBE Program benefits only firms owned and controlled by Disadvantaged Individuals, the Department shall certify the eligibility of DBEs and joint ventures involving DBEs named by bidders.
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INSTRUCTIONS TO CONTRACTOR DBE PARTICIPATION REPORT
In order to receive credit toward the DBE Goal, the prime contractor must complete the report in its entirety and submit this form MONTHLY to the Project Manager in charge of the contract. Failure to submit this form will result in no credit toward the contract DBE requirements.
1. PROJECT NUMBER – This is the GDOT assigned project number – See Contract. 2. COUNTY – See Contract. 3. CONTRACT ID NUMBER – This is the GDOT Contract Identification Number – See Contract. 4. CONTRACTOR NAME – 5. REPORT SUBMISSION DATE – This is the date the report is completed. 6. REPORT NUMBER – Reports must be consecutively numbered. 7. REPORT TYPE – This should be checked monthly until all work has been completed, at which time the Report Type should be changed to Final and submitted to the Project Manager. 8. DATE WORK BEGAN – This is the date of the first day any work occurred on the project. 9. DBE REQUIRED PERCENTAGE – This is the total required % of the original contract amount. 10. CONTRACT $ AMOUNT – DBE Amount: The DBE amount and percentage are the DBE amount and percentage shown in the original contract. (In some instances, this amount may be greater than the percentage amount and may exceed the percentage in the contract; for reporting purposes, the amount over the DBE percentage on this contract is considered race neutral). Original subcontract amount should be at least the amount listed in the contract. Any amounts above the race conscious number or percentage are counted as race neutral and should be shown on report on a separate line than the race conscience. The contractor cannot add the race neutral until the race conscious is exceeded. 11. PERCENT $ COMPLETE – Insert the Percentage Complete, which reflects the percentage of project completed in dollars to the ending date of this report. 12. DBE $ AMOUNT – The is the total dollar amount representing the percentage of the original contract. 13. PERCENT PROJECT COMPLETE – Insert the Percentage of Project Complete, which indicates the time completed on the project. 14. DATE CLOSING THIS REPORT – Please check the appropriate date for the close of payments for this report. 15. SUPPLIER (S) – One who supplies material to the Project. The dollar value shown in the contracts for suppliers represents the calculated sixty percent (60%) dollar value of the original amount; therefore, the supplier percentage requires no further adjustments. The amount in the contact should be shown as the subcontract amount. 16. OWNER / OPERATOR (0) – One who owns and operates the equipment themselves. 17. SUBCONTRACTOR (SC) – Those who aren’t a supplier or owner/operator. 18. SUBCONTRACTOR AGREEMENT RECEIVED (SAR): The Department requests that you supply a copy of valid executable subcontract agreements between your company and your DBE sub- contractors per section 108.01 of the Standard Specifications. All subcontracts shall include the Required Contract Provisions, FHWA 1273; these provisions shall not be incorporated by reference. A copy of subcontractor agreement (SAR) between the prime and each DBE must be submitted to the Area Engineer’s Office. 19. RACE NEUTRAL (RN) – DBE participation that would have been used in the absence of any contract goal provisions. 46
20. RACE CONSCIOIUS – DBE participation that was utilized specifically to meet the proposed contract goal or portion thereof. 21. ORIGINAL SUBCONTRACT AMOUNT – This is the original amount shown in the Signed Contract. 22. PREVIOUS PAYMENTS – This totals all PAYMENTS prior to this report. 23. PAYMENTS THIS REPORT – These are the totals of PAYMENTS during this report period only. 24. PAYMENTS TO DATE – Show the actual amount that each DBE has payments to-date under the contract based on the unit prices paid to the DBE by the prime contractor and not contract unit prices. When a supplier is used to fulfill the DBE requirements, only 60% of the amount earned by the supplier may be entered. Show that total amount in the space provided. 25. CURRENT COLUMN TOTALS – Total each column. 26. PERCENT OF CONTACT – This percentage is calculated using the contract amount and the total DBE payments-to-date. 27. CERTIFICATION – The contractor or his authorized representative must sign this form prior to submittal. Failure to complete and submit this form in a timely manner may delay monthly progress payments. 28. DBE must perform at least 30% of work with own forces to meet commercially useful function criteria (49CFR26.55). If a DBE subcontracts part of the work of its contract to another firm, the value of the work can only be counted toward the DBE goal if the DBE’s subcontractor is itself a DBE. 29. A DBE hauler must itself own and operate at least one fully licensed, insured and operational truck to be used on the contract. 30. Payments and commitments for Federal-aid projects shall be separate and distinct and cannot be transferred or combined in any manner. 31. Credits towards DBE goal can only be claimed after the amount being claimed toward the goal has been paid to the DBE. Attach cancelled checks: Prime Contractor shall submit documentation regarding all payments made from the Prime to all DBE subcontractors on federal aid projects in the form of copies of cancelled checks or notarized electronic documentation which validates said payments made on the DBE Monthly Participation Reports. This information shall be required monthly and submitted with the DBE Monthly Participation Report (49CFR26.11).
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GENERAL INFORMATION
The prime contractor may change DBE firms only with the approval of the District Engineer, provided the changes confirm to contract regulations.
The prime contractor is responsible for sending a copy of the subcontractor agreement between the prime and its subcontractors to the Project Manager. After submitting this document to the Project Manager, the prime contractors checks the block on the DBE Participation Report. Only one copy of the subcontractor agreement is requested for each DBE subcontractor.
If the prime contractor has not submitted a copy of the subcontractor agreement between the prime and its DBE subcontractor(s), the project manager will contact the prime contractor and request this document.
The prime contractor is not requested to send copies of the subcontractor agreement signed with the DBE firms to multiple offices within GDOT. Sending this information to the Project Manager will satisfy the federal requirements.
The prime contractor is responsible to accurately complete the report prior to submitting to the department. Once submitted to the department, the department project manager is responsible for reviewing it for accuracy. If the report is inaccurate, the department project manager shall send the report back to the prime contractor for corrections. Payment will be withheld by the Department until a correct report is received.
The prime contractor is required to submit the monthly DBE from the month of Notice To Proceed until the Final DBE Report is submitted. Payment will be withheld by the Department until the report is received.
Upon completion of the work, a final “DBE Participation Report” will be required and submitted to the Area Engineer prior to final payment. All information shown on the form must be completed, including the payments of each approved DBE.
Joint ventures between non-DBE and certified DBE: Only that portion of the work for which the DBE is responsible may be used to satisfy the requirements.
Should you have questions about the Monthly DBE Participation Report – ARRA Reporting, contact the local District Contracts Administration Office or District EEO Officer.
FOR DEPARTMENTAL USE ONLY:
Federal Law requires that the work of DBE contractors be monitored in the field as part of the effort to ensure that DBEs are actually performing the work (49CFR26.37 (b).
District EEO Officers must receive copies of the Monthly DBE Participation Reporting.
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MONTHLY DBE PARTICIPATION REPORT REPORT SUBMISSION DATE:
PROJECT NO.:
COUNTY: REPORT NO.:
CONTRACT ID NO.: CONTRACTOR: 31-Jan 31-Jul NOTICE TO PROCEED: 28-Feb 31-Aug DATE WORK BEGAN: DBE REQUIRED %: 31-Mar 30-Sep CONTRACT $ AMOUNT: % DOLLAR COMPLETE: 30-Apr 31-Oct
DBE $ AMOUNT: % PROJECT COMPLETE: 31-May 30-Nov
30-Jun 31-Dec
S = SUPPLIER SC = SUBCONTRACTOR APPROVED DBE VENDOR ID DESCRIPTION OF WORK ORIGINAL SUBCONTRACT S SC PREVIOUS PAYMENTS PAYMENTS THIS REPORT TOTAL PAYMENTS TO DATE AMOUNT 1 RN RC 2 RN RC 3 RN RC 4 RN RC 5 RN RC 6 RN RC
RN COLUMN TOTALS: RC COLUMN TOTALS:
TOTAL % PAID TO DATE:
FOR DEPARTMENT USE ONLY THIS DOCUMENT HAS BEEN REVIEWED AT THE PROJECT LEVEL BY:
PRINT NAME:
NAME / TITLE
PRINT NAME: SIGNATURE: NAME / TITLE (Mandatory)
SIGNATURE:
PRINT NAME: 49
ATTACHMENT I
CERTIFICATE OF CORPORATE RESOLUTION
I, ______, certify the following: That I am the duly elected and authorized Secretary of ______(hereinafter referred to as the “______”), an ______organized and incorporated to do business under the laws of the State of ______; That said corporation has, through lawful resolution of the Board of Directors of the corporation, duly authorized and directed ______, in his official capacity as ______of the corporation, to enter into and execute the following described agreement with DeKalb County, a political subdivision of the State of Georgia: ______; That the foregoing Resolution of the Board of Directors has not been rescinded, modified, amended, or otherwise changed in any way since the adoption thereof, and is in full force and effect on the date hereof. IN WITNESS WHEREOF, I have set my hand and corporate seal; This the ______day of ______, 2017.
(CORPORATE ______SEAL) (Secretary)
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ATTACHMENT J
SAMPLE STANDARD COUNTY CONTRACT AGREEMENT FOR PROFESSIONAL SERVICES
DEKALB COUNTY, GEORGIA
THIS AGREEMENT made as of this ____day of _____, 20___, (hereinafter called the “execution date”) by and between DEKALB COUNTY, a political subdivision of the State of Georgia (hereinafter referred to as the “County”), and ______, a corporation organized and existing under the laws of the State of ______with offices in ______County, Georgia (hereinafter referred to as “Contractor”), shall constitute the terms and conditions under which the Contractor shall provide ______in DeKalb County, Georgia. WITNESSETH: That for and in consideration of the mutual covenants and agreements herein set forth, the County and the Contractor hereby agree as follows:
ARTICLE I. CONTRACT TIME
The Contractor shall commence the Work under this Agreement within ten (10) days from the acknowledgement of receipt of the Notice to Proceed. Contractor shall fully complete the Work within ______from and including the acknowledgement of receipt of the Notice to Proceed. The Contract Time may be extended only by Change Order approved and executed by the DeKalb County Chief Executive Officer or his/her designee and the Contractor in accordance with the terms of this Contract. ARTICLE II. CONTRACT TERM
The Contractor shall commence the Work under this Contract within ten (10) days from the acknowledgement of receipt of the Notice to Proceed. As required by O.C.G.A §36-60-13, this Contract shall (i) terminate without further obligation on the part of the County each and every December 31st, as required by O.C.G.A. § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of this Contract; (ii) automatically renew on each January 1st, unless terminated in accordance with the termination provisions of this Contract; and (iii) terminate absolutely, with no further renewals, on December 31, 2018, unless extended by Change Order adopted and approved by the DeKalb County Governing Authority and the Contractor in accordance with the terms of this Contract.
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ARTICLE III. PAYMENT As full payment for the faithful performance of this Contract, the County shall pay the Contractor, the Contract Price, which is an amount not to exceed XXX ($XX.00), unless changed by written Change Order in accordance with the terms of this Contract. The term “Change Order” includes the term “amendment” and shall mean a written order authorizing a change in the Work, and an adjustment in Contract Price to Contractor or the Contract Term, as adopted and approved by the Contractor and the DeKalb County Governing Authority, or the Chief Executive Officer, if exempted from Governing Authority adoption and approval in accordance with the express terms of this Contract. The Chief Executive Officer or his/her designee shall have the authority to approve and execute a Change Order lowering the Contract Price or increasing the Contract Price up to twenty percent (20%) of the original Contract Price, provided that the total amount of the increase authorized by such Change Order is less than $100,000.00. If the original Contract or Purchase Order Price does not exceed $100,000.00, but the Change Order will make the total Contract Price exceed $100,000.00, then the Change Order will require approval by official action of the Governing Authority. Any other increase of the Contract Price shall be by Change Order adopted and approved by the DeKalb County Governing Authority and the Contractor in accordance with the terms of this Contract. Amounts paid to the Contractor shall comply with and not exceed Attachment A, the Contractor’s Cost Proposal, consisting of five (5) pages attached hereto and incorporated herein by reference. Payment is to be made no later than thirty (30) days after submittal of undisputed invoice. Invoice(s) must be submitted as follows:
A. Original invoice(s) must be submitted to: DeKalb County, Georgia Attention: “Public Works Department” ______
ARTICLE IV. SCOPE OF WORK The Contractor agrees to provide all services in accordance with the County’s Request for Proposals (RFP) No. 17-500450 for Clifton Corridor Bicycle and Pedestrian Sub Area Connectivity Study, PI0015066, attached hereto as Appendix I and incorporated herein by reference, and the Contractor’s response thereto, attached hereto as Appendix II and incorporated herein by reference. The Contractor’s services shall include all things, personnel, and materials necessary to accomplish specific projects authorized by the County. Specific Work Authorizations will have precedence over any interpretation within the Contract.
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ARTICLE V. GENERAL CONDITIONS A. Accuracy of Work The Contractor shall be responsible for the accuracy of the Work and any error and/or omission made by the Contractor in any phase of the Work under this Agreement. B. Additional Work The County shall in no way be held liable for any work performed under this section which has not first been approved in writing by the County in the manner required by applicable law and/or the terms of this Contract. The County may at any time order changes within the scope of the Work without invalidating the Contract upon seven (7) days written notice to the Contractor. The Contractor shall proceed with the performance of any changes in the Work so ordered by the County unless such change entitles the Contractor to a change in Contract Price, and/or Contract Term, in which event the Contractor shall give the County written notice thereof within fifteen (15) days after the receipt of the ordered change, and the Contractor shall not execute such changes until it receives an executed Change Order from the County. No extra cost or extension of time shall be allowed unless approved by the County and authorized by execution of a Change Order. The parties’ execution of any Change Order constitutes a final settlement of all matters relating to the change in the Work which is the subject of the Change Order. The County shall not be liable for payment for any work performed under this section which has not first been approved in writing by the County in the manner required by applicable law and/or the terms of this Contract. C. Ownership of Documents All documents, including drawings, estimates, specifications, and data are and remain the property of the County. The Contractor agrees that the County may reuse any and all plans, specifications, drawings, estimates, or any other data or documents described herein in its sole discretion without first obtaining permission of the Contractor and without any payment of any monies to the Contractor therefore. However, any reuse of the documents by the County on a different site shall be at its risk and the Contractor shall have no liability where such documents are reused. D. Right to Audit The County shall have the right to audit all books and records, including electronic records, relating or pertaining to this contract or agreement, including but not limited to all financial and performance related records, property, and equipment purchased in whole or in part with County funds and any documents or materials which support those records, kept under the control of the Contractor, including but not limited to those kept by the Contractor’s employees, agents, assigns, successors and subcontractors. The County also has the right to communicate with Contractor’s employees related to the audited records.
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The Contractor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this contract and for seven (7) years after termination or expiration, including any and all renewals thereof. The books and records, together with supporting documents and materials shall be made available, upon request to the County or its designee, during normal business hours at the Contractor’s office or place of business. In the event that no such location is available, then the books, records, and supporting documents shall be made available for audit at a time and location which is convenient for the County. E. Successors and Assigns The Contractor agrees it shall not sublet, assign, transfer, pledge, convey, sell, or otherwise dispose of the whole or any part of this Contract or his right, title, or interest therein to any person, firm, or corporation without the previous written consent of the County. If the County consents to any such assignment or transfer, then the Contractor binds itself, its partners, successors and assigns to all covenants of this Contract. Nothing contained in this Contract shall create, nor be interpreted to create privity, or any other relationship whatsoever, between the County and any person, or entity or than Contractor. F. Reviews and Acceptance Work performed by the Contractor shall be subject to review and acceptance in stages as required by the County. Acceptance shall not relieve the Contractor of its professional obligation to correct, at his own expense, any errors in the Work. G. Termination of Agreement The Contractor understands and agrees that the date of the beginning of Work, rate of progress, and time for completion of the Work are essential conditions of this Contract. The County may, for its own convenience and at its sole option, without cause and without prejudice to any other right or remedy of County, elect to terminate the Contract by delivering to the Contractor, at the address listed in the Notices article of this Contract, a written notice of termination specifying the effective date of termination. Such notice shall be delivered to Contractor at least thirty (30) days prior to the effective date of termination. If Contractor’s services are terminated by the County, the termination will not affect any rights or remedies of the County then existing or which may thereafter accrue against Contractor or its surety. In case of termination of this Contract before completion of the Work, Contractor will be paid only for the portion of the Work satisfactorily performed through the effective date of termination as determined by the County. Neither party shall be entitled to recover lost profits, special, consequential or punitive damages, attorney’s fees or costs from the other party to this Contract for any reason whatsoever. This Contract shall not be deemed to provide any third-party with any remedy, claim, right of action, or other right. The parties’ obligations pursuant to this Section shall survive any acceptance of Work, or termination or expiration of this Contract.
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H. Indemnification Agreement The Contractor shall be responsible from the execution date or from the time of the beginning of the Work, whichever shall be the earlier, for all injury or damage of any kind resulting from the Work, to persons or property, including employees and property of the County. The Contractor shall exonerate, indemnify, and save harmless the County, its elected officials, officers, employees, agents and servants, hereinafter collectively referred to in this Section as “the County Indemnitees,” from and against all claims or actions based upon or arising out of any damage or injury (including without limitation any injury or death to persons and any damage to property) caused by or sustained in connection with the performance of this Contract or by conditions created thereby or arising out of or any way connected with Work performed under this Contract, as well as all expenses incidental to the defense of any such claims, litigation, and actions. Furthermore, Contractor shall assume and pay for, without cost to the County Indemnitees, the defense of any and all claims, litigation, and actions suffered through any act or omission of the Contractor, or any Subcontractor, or anyone directly or indirectly employed by or under the supervision of any of them. Notwithstanding any language or provision in this Contract, Contractor shall not be required to indemnify any County Indemnitee against claims, actions, or expenses based upon or arising out of the County Indemnitee’s sole negligence. As between the County Indemnitees and the Contractor as the other party, the Contractor shall assume responsibility and liability for any damage, loss, or injury, including death, of any kind or nature whatever to person or property, resulting from any kind of claim made by Contractor’s employees, agents, vendors, Suppliers or Subcontractors caused by or resulting from the performance of Work under this Contract, or caused by or resulting from any error, omission, or the negligent or intentional act of the Contractor, vendors, Suppliers, or Subcontractors, or any of their officers, agents, servants, or employees. The Contractor shall defend, indemnify, and hold harmless the County Indemnitees from and against any and all claims, loss, damage, charge, or expense to which they or any of them may be put or subjected by reason of any such damage, loss, or injury. The Contractor expressly agrees to provide a full and complete defense against any claims brought or actions filed against the County Indemnitees, where such claim or action involves, in whole or in part, the subject of the indemnity contained in this Contract, whether such claims or actions are rightfully or wrongfully brought or filed. The County has the sole discretion to choose the counsel who will provide the defense. No provision of this Contract and nothing herein shall be construed as creating any individual or personal liability on the part of any elected official, officer, employee, agent or servant of the County, nor shall the Contract be construed as giving any rights or benefits hereunder to anyone other than the parties to
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this Contract. The parties’ obligations pursuant to this Section shall survive any acceptance of Work, or termination or expiration of this Contract. I. Insurance Prior to commencing work, Contractor shall, at its sole expense, procure and maintain insurance of the types and in the amounts described below from insurer(s) authorized to transact business in the state where the work or operations will be performed by Contractor. Such insurance shall be placed with admitted insurers that maintain an A.M. Best's rating of not less than “A” (Excellent) with a Financial Size Category of VII or better with coverage forms acceptable to Contractor. The insurance described below shall be maintained uninterrupted for the duration of the project, including any warranty periods, and shall protect Contractor, and others as required by contract, for liabilities in connection with work performed by or on behalf of Contractor, its agents, representatives, employees or Contractors. 1. Certificates of Insurance in companies doing business in Georgia and acceptable to the County covering: (a) Statutory Workers’ Compensation Insurance, or proof that Contractor is not required to provide such coverage under State law; (1) Employer’s liability insurance by accident, each accident $1,000,000 (2) Employer’s liability insurance by disease, policy limit $1,000,000 (3) Employer’s liability insurance by disease, each employee $1,000,000 (b) Professional Liability Insurance on the Contractor’s services in this Agreement with limit of $1,000,000; (c) Commercial General Liability Insurance covering all operations with combined single limit of $1,000,000; (d) Comprehensive Automobile Liability Insurance with form coverage for all owned, non-owned and hired vehicles with combined single limit of $1,000,000. (e) Umbrella or Excess Insurance. Umbrella or excess insurance is to be provided with General Liability, Auto Liability and Employers Liability scheduled as underlying policies with limits not less than the following: $5,000,000 per occurrence $5,000,000 aggregate 2. Additional Insured Requirement:
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(a) The County, its elected officials, officers, employees and agents, hereinafter referred to in this article and in the article entitled “Certificates of Insurance” as “the County and its officers” are to be named as additional insured on all policies of insurance except worker’s compensation insurance with no cross suits exclusion. The County and its officers shall be included as additional insureds under commercial general liability and commercial umbrella insurance, for liabilities arising out of both the ongoing and completed operations of Contractor. Such additional insured coverage shall be endorsed to Contractor’s policy by attachment of ISO Additional Insured Endorsement forms CG 20 10 10 01 (ongoing operations) and CG 20 37 10 01 (products-completed operations), or form(s) providing equivalent coverage. (b) All coverages required of the Contractor will be primary over any insurance or self-insurance program carried by the County. (c) If the Contractor is a joint venture involving two (2) or more entities, then each independent entity will satisfy the limits and coverages specified here or the joint venture will be a named insured under each respective policy specified. 3. Fidelity Bond coverage shall be provided. Coverage limits shall not be less than the amount scheduled in the contract. 4. Certificates of Insurance must be executed in accordance with the following provisions: (a) Certificates to contain policy number, policy limits, and policy expiration date of all policies issued in accordance with this Agreement; (b) Certificates to contain the location and operations to which the insurance applies; (c) Certificates to contain Contractor’s protective coverage for any subcontractor’s operations; (d) Certificates to contain Contractor’s contractual liability insurance coverage; (e) Certificates are to be issued to: DeKalb County, Georgia Chief Procurement Officer, Department of Purchasing & Contracting
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The Maloof Center, 2nd Floor 1300 Commerce Drive Decatur, Georgia 30030
3. The Contractor shall be wholly responsible for securing certificates of insurance coverage as set forth above from all subcontractors who are engaged in this work. 4. The Contractor agrees to carry statutory Workers’ Compensation Insurance and to have all subcontractors likewise carry statutory Workers’ Compensation Insurance. 5. Contractor agrees to waive all rights of subrogation and other rights of recovery against the County and its officers and shall cause each Subcontractor to waive all rights of subrogation for all coverage, excluding Professional E&O. 6. Failure of the County to demand such certificate or other evidence of full compliance with these insurance requirements or failure of the County to identify a deficiency from evidence provided will not be construed as a waiver of the Contractor’s obligation to maintain such coverage. Contractor understands and agrees that the purchase of insurance in no way limits the liability of the Contractor. 7. Certificates shall state that the policy or policies shall not expire, be cancelled or altered without at least sixty (60) days prior written notice to the County. Policies and Certificates of Insurance listing the County and its officers as additional insureds (except for workers’ compensation insurance) shall conform to all terms and conditions (including coverage of the indemnification and hold harmless agreement) contained in this Contract. 8. If the County shall so request, the Contractor will furnish the County for its inspection and approval such policies of insurance with all endorsements, or confirmed specimens thereof certified by the insurance company to be true and correct copies. Contractor shall be responsible and have the financial wherewithal to cover any deductibles or retentions included on the certificate of insurance. J. Georgia Laws Govern The laws of the State of Georgia shall govern the construction of this Contract without regard for conflicts of laws. Should any provision of this Contract require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party, by reason of the rule of construction, that a document is to be construed more strictly against the party who itself or through its agent prepared same; it being agreed that the agents of all parties have participated in the preparation hereof, and all parties have had an adequate opportunity to consult with legal counsel. In interpreting this Contract in its entirety, the printed provisions of this Contract, and any additions
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written or typed hereon, shall be given equal weight, and there shall be no inference by operation of law or otherwise; that any provision of this Contract shall be construed against either party hereto. K. Venue This Agreement shall be deemed to have been made and performed in DeKalb County, Georgia. For the purposes of venue, all suits or causes of action arising out of this Agreement shall be brought in the courts of DeKalb County, Georgia. L. Contractor and Subcontractor Evidence of Compliance; Federal Work Authorization Pursuant to O.C.G.A. §13-10-91, the County cannot enter into a contract for the physical performance of services unless the Contractor, its Subcontractor(s) and sub-subcontractor(s), as that term is defined by state law, register and participate in the Federal Work Authorization Program to verify specific information on all new employees. Contractor certifies that it has complied and will continue to comply throughout the Contract Term with O.C.G.A. §13-10-91 and any related and applicable Georgia Department of Labor Rule. Contractor agrees to sign an affidavit evidencing its compliance with O.C.G.A. §13-10-91. The signed affidavit is attached to this Contract as Attachment B. Contractor agrees that in the event it employs or contracts with any Subcontractor(s) in connection with this Contract, Contractor will secure from each Subcontractor an affidavit that certifies the Subcontractor’s current and continuing compliance with O.C.G.A. §13-10-91 throughout the Contract Term. Any signed Subcontractor affidavit(s) obtained in connection with this Contract shall be attached hereto as Attachment C. Each Subcontractor agrees that in the event it employs or contracts with any sub-subcontractor(s), each Subcontractor will secure from each sub-subcontractor an affidavit that certifies the sub-subcontractor’s current and continuing compliance with O.C.G.A. §13-10-91 throughout the Contract Term. Any signed sub-subcontractor affidavit(s) obtained in connection with this Contract shall be attached hereto as Attachment D. M. County Representative The County may designate a representative through whom the Contractor will contact the County. In the event of such designation, said representative shall be consulted and his written recommendation obtained before any request for extra work is presented to the County. Payments to the Contractor shall be made only upon itemized bill submitted to and approved by said representative. N. Contractor’s Status The Contractor will supervise and direct the Work, including the Work of all Subcontractors. Only persons skilled in the type of work which they are to perform shall be employed. The Contractor shall, at all times, maintain discipline and good order among his employees, and shall not employ any unfit person or persons or anyone unskilled in the work assigned him. The relationship between the County and the Contractor shall be that of owner and independent contractor. Other than the consideration set forth herein, the Contractor, its officers,
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agents, servants, employees, and any Subcontractors shall not be entitled to any County employee benefits including, but not limited to social security, insurance, paid annual leave, sick leave, worker's compensation, free parking or retirement benefits. All services provided by Contractor shall be by employees of Contractor or its Subcontractors and subject to supervision by Contractor. No officer or employee of Contractor or any Subcontractor shall be deemed an officer or employee of the County. Personnel policies, tax responsibilities, social security payments, health insurance, employee benefits and other administrative policies, procedures or requirements applicable to the Work or services rendered under this Contract shall be those of the Contractor, not the County. O. Georgia Open Records Act Contractor shall comply with the applicable provisions of the Georgia Open Records Act, O.C.G.A. §50-18-70 et seq. P. First Source Jobs Ordinance and Preferred Employees All potential proposers are hereby advised that the County’s FIRST SOURCE JOBS ORDINANCE requirements are suspended for this project. All efforts in these areas by potential proposers will be considered. Q. Business License Contractor shall submit a copy of its current, valid business license with this Contract. If the Contractor is a Georgia corporation, Contractor shall submit a valid county or city business license. If Contractor is a joint venture, Contractor shall submit valid business licenses for each member of the joint venture. If the Contractor is not a Georgia corporation, Contractor shall submit a certificate of authority to transact business in the state of Georgia and a copy of its current, valid business license issued by its home jurisdiction. If Contractor holds a professional license, then Contractor shall submit a copy of the valid professional license. Failure to provide the business license, certificate of authority, or professional license required by this section, may result in the Contract being terminated. Contractor shall ensure that any insurance, license, permit or certificate submitted in response to the County’s RFP or as part of the Contract shall be current and valid when submitted, and shall remain valid, current and maintained in good standing for the Contract Term. R. Sole Agreement This Contract constitutes the sole contract between the County and the Contractor. The terms, conditions, and requirements of this Contract may not be modified, except by Change Order. No verbal agreement or conversation with any officer, agent, or employee of the County, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained. No representations, oral or written, shall be binding on the parties unless expressly incorporated herein. No Change Order shall be enforceable unless approved by official action of the County as provided by law or in this Contract. S. Attachments and Appendices This Contract includes the following Attachments and Appendices all of which are incorporated herein by reference: Attachment A, Contractor’s Cost
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Proposal; Appendix I, County’s RFP; Appendix II, Contractor’s Response; Attachment B, Contractor’s Affidavit; Attachment C, Subcontractor’s Affidavit(s); Attachment D, Sub- subcontractor’s Affidavit(s); and Attachment E, Certificate of Corporate Authority or Joint Venture Certificate. T. Severability If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances, other than those as to which it is held invalid, shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. U. Notices Any notice or consent required to be given by or on behalf of any party hereto to any other party hereto shall be in writing and shall be sent to the County’s Chief Executive Officer and the Executive Assistant or to the Contractor or his authorized representative on the work site by (a) registered or certified United States mail, return receipt requested, postage prepaid, (b) personal delivery, or (c) overnight courier service. All notices sent to the addresses listed below shall be binding unless said address is changed in writing no less than fourteen days before such notice is sent. Future changes in address shall be effective upon written notice being given by the Contractor to the County’s Executive Assistant or by the County to the Contractor’s authorized representative via certified first class U.S. mail, return receipt requested. Such notices will be addressed as follows:
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If to the County:
Chief Executive Officer 1300 Commerce Drive, 6th Floor Decatur, GA 30030
and
Executive Assistant 1300 Commerce Drive Decatur, Georgia 30030
With a copy to: Chief Procurement Officer 1300 Commerce Drive, 2nd Floor Decatur, Georgia 30030
With a copy to: Director of the Finance Department 1300 Commerce Drive Decatur, Georgia 30030
If to the Contractor:
______, ______
V. Counterparts This Contract may be executed in several counterparts, each of which shall be deemed an original, and all such counterparts together shall constitute one and the same Contract. W. Controlling Provisions The Contract for this Project shall govern the Work. If any portion of the Contract shall be in conflict with any other portion, the various documents comprising the Contract shall govern in the following order of precedence: Contract, Change Orders or modifications issued after execution of the Contract; the provisions of the County’s RFP; and the Contractor’s Response thereto.
[SIGNATURES CONTINUE ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three counterparts, each to be considered as an original by their authorized representative. ______DEKALB COUNTY, GEORGIA
By: (SEAL) by Dir.(SEAL) Signature MICHAEL L. THURMOND Chief Executive Officer DeKalb County, Georgia Name (Typed or Printed)
Title
Federal Tax I.D. Number
ATTEST: ATTEST:
Signature BARBARA H. SANDERS-NORWOOD, CCC Clerk of the Chief Executive Officer and Board of Commissioners of Name (Typed or Printed) DeKalb County, Georgia
Title
APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE:
County Attorney Signature Department Director
County Attorney Name (Typed or Printed)
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