purchasing.cobbcountyga.govpurchasing.cobbcountyga.gov/documents/12-5672_000.pdf · COBB COUNTY PURCHASING DEPARTMENT . 1772 County Services Parkway . Marietta, Georgia 30008-4012

COBB COUNTY PURCHASING DEPARTMENT 1772 County Services Parkway Marietta, Georgia 30008-4012 (770) 528-8400 /FAX (770) 528-1154 Email: purchasing @cobbcounty.org www.purchasing.cobbcountyga.gov

IMPORTANT NOTICE – PLEASE READ CAREFULLY!!

ALL bids MUST

be received at the Cobb County Purchasing Department.

BIDS MUST BE RECEIVED BEFORE 12:00 (NOON) ON BID OPENING DAY

Any bid received later than 12:00 (noon) will not be accepted. The County accepts no responsibility for delays in the mail. Bids are to be mailed or delivered to:

COBB COUNTY PURCHASING DEPARTMENT 1772 COUNTY SERVICES PARKWAY

MARIETTA, GA 30008-4012

All bid prices shall be submitted on the Bid Form included in the bid/proposal. Any revisions made on the outside of the envelope WILL NOT

be considered.

PLEASE CHECK bid specifications and advertisement for document requirements.

Documents/Forms listed below MUST

be submitted when required.

Omission of these documents /forms will cause your bid/proposal to be declared NON-RESPONSIVE.

• BID SUBMITTAL FORM ► Official Signature is required on this form guaranteeing the quotation. • CONTRACTOR AFFIDAVIT and AGREEMENT – Exhibit A (NOT REQUIRED) ► Affidavit MUST be signed, notarized and submitted with any bid requiring the performance of physical services. If the affidavit is not submitted at the time of the bid, bid will be determined non-responsive and will be disqualified. • BID BOND (NOT REQUIRED)

If your firm is classified as a Disadvantaged Business Enterprise (DBE) please complete Exhibit B with bid response. A Disadvantaged Business Enterprise (DBE) is generally defined as a Female, Black American, Hispanic American and any other minority owned business.

All vendors are required to submit the ORIGINAL AND AT LEAST one (1) duplicated copy of any bid submitted to Cobb County. Please refer to your bid specifications to determine if more than one (1) copy is required. Non-submission of a duplicate copy may disqualify your bid/proposal. A “SEALED BID LABEL” has been enclosed to affix to your bid. This label MUST

Thank you in advance for your cooperation.

be affixed to the outside of the envelope or package, even if it is a “NO BID” response. Failure to attach the label may result in your bid being opened in error or not routed to the proper location for consideration. No bid will be accepted after the date and time specified.

http://www.purchasing.cobbcountyga.gov/�

ADVERTISEMENT FOR REQUEST FOR PROPOSAL COBB COUNTY PURCHASING DEPARTMENT

BID OPENING DATE: MAY 24, 2012

Cobb County will receive Sealed Bids before 12:00 NOON, May 24, 2012 in the Cobb County Purchasing Department, 1772 County Services Parkway, Marietta, GA 30008 for:

SEALED BID # 12 – 5672 PROFESSIONAL DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES

FOR THREE (3) COBB COUNTY TENNIS CENTERS COBB COUNTY PARKS, RECREATION AND CULTURAL AFFAIRS DEPARTMENT

PRE-PROPOSAL MEETING: MAY 9, 2012 @ 10:00 A.M.


MARIETTA, GEORGIA 30008

No bids will be accepted after the 12:00 noon deadline. Proposals are opened at 2:00 p.m. at Cobb County Purchasing Department, 1772 County Services Parkway, 2nd Floor, Bid/Meeting Room, Marietta, GA 30008. No proposal may be withdrawn for a period of ninety (90) days after date of bid opening, unless otherwise specified in the bid documents. Cobb County will consider the competency and responsibility of bidders in making the award. Cobb County reserves the right to reject any and all proposals, to waive informalities and technicalities, to reject portions of the proposals, and to award contracts in a manner consistent with the County and the laws governing the State of Georgia. The Georgia Security and Immigration Compliance Act Affidavit form must be submitted with all bid packages involving the “performance of physical services” in order to be considered. This solicitation and any addenda are available for download in PDF format on the Cobb County Purchasing website. www.purchasing.cobbcountyga.gov.

Advertise: April 27, 2012 May 4, 11, 18, 2012

BID SUBMITTAL FORM

SUBMIT BID/PROPOSAL TO:


MARIETTA, GA 30008-4012

BID/PROJECT NUMBER: 12-5672 PROVESSIONAL DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES


DELIVERY DEADLINE: MAY 24, 2012 BEFORE 12:00 (NOON) EST

(NO BIDS/PROPOSALS WILL BE ACCEPTED AFTER THIS DEADLINE). BID OPENING DATE: MAY 24, 2012 @ 2:00 P.M. IN THE PURCHASING DEPARTMENT BID ROOM. BUSINESS NAME AND ADDRESS INFORMATION: Company name: _______________________________________________________________________ Contact name: _________________________________________________________________________ Company address: _____________________________________________________________________ E-mail address: ________________________________________________________________________ Phone number: _____________________________ Fax number: ______________________________

_____________________________________________ NAME AND OFFICIAL TITLE OF OFFICER GUARANTEEING THIS QUOTATION: ________________________________________ _____________________________ (PLEASE PRINT/TYPE) NAME TITLE SIGNATURE OF OFFICER ABOVE: ________________________________________________________________ (SIGNATURE) TELEPHONE: __________________________________ FAX: _________________________________________ BIDDER WILL INDICATE TIME PAYMENT DISCOUNT: ________________________________________________ BIDDER SHALL INDICATE MAXIMUM DELIVERY DATE: _______________________________________________ Bids received after the date and time indicated will not be considered. Cobb County reserves the right to reject any and all bids, to waive informalities, to reject portions of the bid, to waive technicalities and to award contracts in a manner consistent with the county and the laws governing the state of Georgia. The enclosed (or attached) bid is in response to Bid Number 12-5672

NOTICE TO BIDDERS - - BID QUOTES MUST INCLUDE INSIDE DELIVERY CHARGES

; is a firm offer, as defined by section O.C.G.A. (s) 11-2-205 of the code of Georgia (Georgia laws 1962 pages 156-178), by the undersigned bidder. This offer shall remain open for acceptance for a period of 90 days calendar days from the bid opening date, as set forth in this invitation to bid unless otherwise specified in the bid documents.

Advertise Dates: April 27, 2012 May 4, 11, 18, 2012

SEALED BID LABEL

SEALED BID ENCLOSED DELIVER TO:

COBB COUNTY PURCHASING 1772 County Services Parkway

Marietta, GA 30008-4012 ________________________________________

SEALED BID # 12-5672 DATE: May 24, 2012

BIDS MUST BE RECEIVED BEFORE 12:00 NOON

DESCRIPTION: Professional Design And Construction Administration Services for Three (3) Cobb County Tennis Centers

PLEASE ATTACH LABEL TO OUTSIDE OF BID PACKAGE

"STATEMENT OF NO BID”


MARIETTA, GA 30008

TO ALL PROSPECTIVE BIDDERS: Because of the many requests to be placed on our vendors' list, we are continuously updating the list. While we want to include all bona fide vendors, we do not want to mail bids to those vendors who may no longer be interested in participating in our bidding process. If you do not choose to respond to the attached Invitation to Bid/Request for Proposal, please fill out the form below indicating whether or not you want to be retained on our current vendor list. Vendors who do not respond in any way (by either submitting a bid or by returning this form) over a period of one year may be removed from the current vendor list. Vendors who do not wish to bid often return the entire bid package, sometimes at considerable postage expense. Returning the entire bid package is not necessary. Simply return this form. Thank you for your cooperation. Cobb County Purchasing Department ______________________________________________________________________

"STATEMENT OF NO BID”

SEALED BID NUMBER 12-5672 PROFESSIONAL DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES


If you do not wish to respond to the attached Invitation to Bid/Request for Proposal, please complete this form and mail/fax to: Cobb County Purchasing Department, Attention: Sealed Bid Department, 1772 County Services Parkway, Marietta, GA. Fax # 770-528-1154 I do not wish to submit a bid/proposal on this solicitation. I wish to be retained on the vendor list for this commodity or service: Yes_____ No ____ Please PRINT the following: ________________________________ Company Representative You are invited to list reasons for your decision not to bid:

REQUEST FOR PROPOSAL

SEALED BID # 12-5672 PROFESSIONAL DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES


BID OPENING DATE: MAY 24, 2012

PRE-PROPOSAL CONFERENCE: MAY 9, 2012 @ M. (E.S.T.)


MARIETTA, GEORGIA 30008

BIDS ARE RECEIVED IN THE COBB COUNTY PURCHASING DEPARTMENT

1772 COUNTY SERVICES PARKWAY MARIETTA, GEORGIA 30008

BEFORE 12:00 (NOON) BY THE BID OPENING DATE

BIDS WILL BE OPENED IN THE COBB COUNTY PURCHASING DEPARTMENT BID/MEETING ROOM AT 2:00 P.M.

VENDORS ARE REQUIRED TO SUBMIT THE ORIGINAL AND 5 COPIES OF BID

(UNLESS OTHERWISE SPECIFIED IN BID SPECIFICATIONS)

N.I.G.P. COMMODITY CODE: 96156 NAME: ADDRESS: REPRESENTATIVE: PHONE: FAX: E-MAIL___________________________________________________________________ NOTE: The Cobb County Purchasing Department will not be responsible for the accuracy or completeness of the content of any Cobb County Invitation to Bid or Request for Proposal or subsequent addenda thereto

received from a source other than the Cobb County Purchasing Department.

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Request for Proposals Professional Design and Construction Administration Services

For Three (3) Cobb County Tennis Centers Cobb County Parks, Recreation and Cultural Affairs Department

Sealed Bid #12-5672

OVERVIEW Cobb County Government seeks Requests for Proposals (RFP) from firms for the provision of Professional Services for the Design and Construction Administration Services of Three (3) Cobb County Tennis Center Buildings to be located in the following Parks: Harrison Park Terrell Mill Park Kennworth Park 2653 Shallowford Road 480 Terrell Mill Road 3900 South Main Street Marietta, Ga. 30066 Marietta, Ga. 30067 Acworth, Ga. 30101 The professional services to be performed include, but are not limited to: building design, associated site adaptation and design, demolition plan, construction documents, all applicable permitting and construction administration. It is anticipated that the centers at Harrison Park and Terrell Mill Park will be larger in size than the one at Kennworth. The two larger buildings will have approximately the same footprint with minor variations inside the building. Once completed, the design of all buildings will become prototypes for construction of future tennis center buildings in Cobb County. Design of the buildings will start in the summer of 2012 with construction slated to begin in early 2013. A Pre-Bid meeting shall be held at the Cobb County Purchasing Department located at 1772 County Services Parkway, Marietta, Georgia 30008 at 10:00 am on Wednesday, May 9, 2012. Attendance at the pre-bid meeting is highly encouraged, but not mandatory. Statement of Qualifications and Fees, as required by the County’s RFP package, shall be sealed and mailed or delivered to the Cobb County Purchasing Department located at 1772 County Services Parkway, Marietta, Georgia 30008 before 12:00 noon on May 24, 2012. Late submittals will not be accepted. Please submit an original and five (5) copies to: Cobb County Purchasing Department 1772 County Services Parkway Marietta, GA 30008

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BACKGROUND In March of 2011, the residents of Cobb County voted to implement a Special Purpose Local Option Sales Tax (SPLOST) to fund projects for parks improvements, public safety improvements, facilities improvements and transportation improvements. The collection of the 2011 SPLOST began on January 1, 2012 and will continue through December 31, 2015. Five tennis center buildings are funded by the 2011 SPLOST. This RFP includes the design of three of the centers and the completed designs will become prototypes for future Cobb County tennis centers. While the County will not be seeking LEED certification for the finished buildings, all designs should incorporate LEED energy saving strategies whenever feasible within the established budgets. Overview of Projects The three existing tennis centers have been in service for the past several years and are in need of complete removal and replacement with new facilities. SCOPE OF WORK The designer shall prepare complete construction plans and specifications for the three new tennis centers. The design will include the buildings, utilities serving the buildings and site adaptations based upon input and direction from Cobb County Parks, Recreation, and Cultural Affairs (PRCA) staff. The designer shall determine all applicable permit requirements. All permit approvals required for construction of the project must be obtained by the consultant. The permits may include, but are not limited to: demolition permit, land disturbance permit, building permit(s), Health Department approval, Fire Marshal approval, retaining wall permit(s) (if any), stream buffer variances (if applicable to the project), flood studies including submittal to and approval from FEMA (if applicable), and approval from Cobb County Water System. The consultant is not responsible for fees associated with the permits, as the actual permits will be obtained by the eventual building contractor.

The design includes all items identified in this RFP and items necessary for a complete design and permit approvals needed to construct the facility. The project includes, but is not limited to the following:

The County anticipates putting the building construction out for bid. All designs and permitting will be completed concurrently. It is anticipated that construction of all three facilities will begin in 2013.

1. NEW TENNIS CENTERS BUILDINGS

The design shall include all architectural, structural, mechanical, plumbing, electrical and communications/data design and engineering for a complete facility. Each building has an existing security camera system, which will be salvaged and re-installed in the new building. All drawings and specifications shall bear the Georgia stamp of the appropriate design professional for each discipline.

The final size of each facility shall be determined by the designer based on input from Cobb County staff and the available budget for each project.

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The design includes, but is not limited to the following:

• Development of the floor plan and limited space programming • Refinement of the facility based on input from PRCA staff. This includes schematic

designs for determining the final floor plan and appearance of the building, both interior and exterior.

• Preparation of color boards, renderings, etc. for selection of finish materials by the County.

• Preparation of furniture layout and specifications for the furniture. • Infrastructure for telephone, data, internet, cable TV and wifi services • Security and fire alarm system • Fire suppression system if required by code • Recommendations for value engineering suggestions and alternate bid items in order

to ensure projects are within the specified budget.

2. EXISTING SITE AND STRUCTURE ASSESSMENT AND SITE DESIGN Anticipated site design includes, but is not limited to:

• Ground run topographic survey that includes identification of all identifiable existing physical features needed for the site design, permitting and construction associated with the building, including, but not limited to: existing building foot print; storm drainage structures, piping and inverts, manholes with inverts, electrical service, any other utilities, limits of paving and structures. The consultant shall assess the extent of any existing utilities and determine if it is feasible to utilize any of the existing utilities and incorporate them into the design if appropriate.

• Suspect material survey of existing structures to determine if any hazardous materials are present and if so, preparation of a plan and/or specification for the proper removal and disposal of these materials. Materials include, but are not limited to: asbestos, lead paint, mold and any other hazardous materials that could be harmful to the public or any of the personnel associated with the demolition of the facility. The suspect materials removal and demolition of the structures may be bid as a separate contract.

• Preparation of a demolition plan for the existing structures • Layout and staking plan for the new building and surrounding improvements. • The design of any and all required storm drainage and storm water detention if

required. The consultant shall ensure drainage away from the buildings without draining onto the tennis courts.

• Design of all erosion control measures and tree save areas as applicable. • Preparation of the Erosion, Sediment and Pollution Control Plan as required by the

NPDES permit, if applicable. • The design for the provision of all water, sewer, telephone, gas, data and electrical

service required for the facility. • Provision for temporary lighting and controls for the tennis courts if the existing

service and controls will be disrupted by the demolition and construction. • Minor landscape plantings around the facility • Fire main and hydrants as needed to comply with applicable regulations

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• Tie in of the sanitary sewer system or septic system of each facility to the existing system as required to service the facility. This will include an evaluation to determine if the current septic or sewer installation will be sufficient to accommodate the new facility.

• Preparation of a schedule of special inspections as required by the International Building Code (current edition) for use by the County in selecting a special inspections agency and implementing the special inspections.

• Location and survey of all existing utilities that may have an impact on the design. The designer shall contact the utility owners to determine if existing utilities are adequate for the new facilities and if utilities require relocation or new service fees. Also, determine cost (if any) for utility service for the facility.

• Geotechnical testing as required toconfirm subsurface conditions and identify all information required for the proper design and permitting of the building and site.

3. SPECIAL REQUIREMENTS FOR EACH FACILITY

HARRISON The access to the building will be between the two existing courts in front of the building. The design includes the removal and replacement of the concrete access between the courts and to the building. The building’s sanitary sewer system will tie in to the existing septic system. The consultant shall analyze the existing septic system to determine if it has adequate capacity. If analysis determines that a new system or expansion of an existing system is required, the design and permitting of the new system or expansion of the existing system shall be included. If the existing system is to be utilized as is for the new facility, any required permitting of the existing system is included. TERRELL MILL The existing deck on the building will be demolished and a new deck will be designed and constructed as part of the project. Design of parking expansion and paving of existing parking shall be included. See the attached graphic for the approximate location. KENNWORTH PARK Currently, the building is heated by propane supplied in tanks. The design will include new gas service, eliminating the use of propane tanks. A gas line is located behind the existing facility. Coordination with the gas service provider is required. The new building may be moved forward, toward the park entry road, from the current location of the existing building.

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The existing building is serviced by a septic system. The designer shall determine if tying in to the existing system is feasible, design expansion of the existing system if needed or design a new septic system if needed.

4. MINIMUM DESIRED SPACES IN THE FACILITIES:

• Men’s restroom, Women’s restroom, large storage area, mop sink, mechanical room,

vending area, water fountain, office, meeting room at larger facilities and front counter. See the attached spreadsheet that further identifies the desires for each facility. The designer will work with PRCA staff and the program manager to refine the spaces within the facility and evaluate alternatives for building materials, space planning and alternates to keep the project within the projected budgets.

Common desired design features for the new buildings include, but are not limited to:

• Provisions for high speed internet service to replace the existing DSL in all centers. This

will require coordination with County Information Services staff. • Large shade areas adjacent to the buildings for tennis center patrons. • Ice machines strategically located in each facility. • Two level service counter • Removal, storage and reinstallation of existing security cameras and monitors. • Security system with panic button at the front counter • Intercom system to allow communication to the courts from the pro shop. • Floor safe • Control of tennis court lighting, in pairs, inside the building in an area not accessible to

the public. • Bulletin board • Shelves in the storage closet • Sight lines to as many courts as possible from the front counter and the office area.

The consultant shall be required to obtain all permit approvals required by the County, State, Federal or any other applicable agency. This shall require coordination with the applicable departments with each regulatory authority. The Consultant shall be solely responsible for obtaining any information necessary from the appropriate agencies including each appropriate department of the County. Some elements included in the design may be presented in the bid documents for alternate bids, which may or may not be constructed due to budget constraints. The consultant shall make recommendations for alternates to be incorporated. Design Process

Floor plan, site adaptation and layout, grading, storm water detention and architectural appearance have not been defined. The consultant shall be required to meet with the staff to develop the basic floor plans and elevations of the building and revise the site layouts as needed.

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Upon receiving Notice to Proceed, the Consultant is expected to review any base data provided by the County and any other available data of existing conditions and prepare for an initial kick-off meeting with the County. This meeting shall be used to assure complete understanding of the scope of the project, to confirm the initial schedule for the development of the construction documents and discuss the needs of the facility with the staff. Consultant shall meet with the County staff and Program Management team in a Kick-off Meeting to accomplish the following tasks:

(1) Review and discuss the Program. (2) Accept input from the staff (3) Begin discussing possible building and site arrangements (3) Review and discuss the Budget (4) Discuss and resolve issues and questions (5) Discuss Architectural components. During the design process, the Architect shall

make recommendations for building materials, architectural appearance, etc. based on the desired programming and budget available.

(6) Discuss utility needs and conditions (7) Review the required permits and the process for securing additional permits (8) Confirm initial Schedule

The design process shall include the following phases: Schematic/Preliminary Programming; Preliminary Design; Design Development; Construction Documents; and Construction Administration. Consultant shall not proceed with a subsequent phase until receiving written notice from the County. Schematic Design: Following the kick off meeting, the consultant shall prepare schematic level site layout, floor plan and building concept recommendations and options for review by the County and the Program Manager. These options shall be based on information obtained during the kick off meeting and any information the consultant obtains related to permitting, site layout, etc. Upon review of these options, the consultant shall attend a meeting to review the schematics with the staff, incorporate comments from the staff and prepare a final schematic for approval by the County. Upon approval, the consultant shall proceed to the preliminary design phase. Preliminary Design: Consultant shall proceed to prepare a preliminary design plan that upgrades the approved schematics into a more detailed design. The plan must address all the concerns and issues of the schematic design phase and the results of the newly completed survey data. Consultant shall review survey information, verify elevations and obtain additional detailed survey data for the site, as required by this RFP. Consultant shall provide the following minimum expected deliverables in this phase:

(1) Base Sheet: Compiled from staff input, surveys, field investigation, utility investigations, aerial photos, architectural plan, highway and street plans, title and borders, and all other available data. Base sheet shall be prepared in electronic digital format compatible with AutoCad and shall utilize existing digital information provided to the maximum extent possible.

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(2) Preliminary design layout resolving all the open issues and recommendations from the Kick-off Meeting and schematic design.

(3) Preliminary building footprints and elevations with raw utility needs, square footage, and program requirements.

(4) Preliminary cost estimate that identifies all major components and elements of the project by unit cost and total cost for design items with allowances for all other costs. Cost contingency of an appropriate amount determined by the consultant shall be added during this phase. Estimate shall be compared with the project budget to identify all deficiencies or deviations from the original budget.

(5) Conceptual utility routing. (6) Conceptual demolition, grading/clearing plan. (7) Updated Issues List and Schedule. (8) List of anticipated permits required for the project based on research

by the consultant.

Upon submittal of preliminary design deliverables the Consultant shall make a formal presentation to the County to accomplish the following:

(1) Review preliminary designs for comments and additional input. (2) Review Cost Estimate and Budget to determine Construction Phasing,

Scope and to make value engineering recommendations. (3) Review utility requirements and costs. (4) Review Architectural footprints and building elevations. (5) Evaluate demolition, grading and clearing limits and costs. (6) Resolve any outstanding issues raised by the Consultant and the

County. (7) Review preliminary details of options and cost projections for unique

items. (8) Discuss and present any other plans or information necessary to

communicate the Consultant’s design.

Design Development: Upon approval and acceptance of the preliminary design and budget, the Consultant shall prepare the following minimum deliverables for each of the three buildings:

(1) Revised Site layout plan (2) Typical Site construction details (3) Architectural footprints, plans and elevations. Color boards and cost

impacts shall be presented for preliminary material consideration and color selections.

(4) Grading and drainage layout (5) Site clearing and demolition limits layout (6) Utility routing plan (7) Site lighting details and layout, if any (8) Proposed erosion control measures (9) Materials list, samples and descriptions including unique items (10) Preliminary planting plan, if any

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(1l) Outline of Specifications required (12) Updated itemized cost estimate using appropriate contingency. (13) Special plans and details for all unique elements. (14) Updated Issues List (15) Updated Schedule (16) All other plans and details necessary to convey consultant’s design

intent. (17) Proposed furniture layout (18) Permitting issues

Consultant shall present the design development package to the County and Program Manager in a formal presentation to receive input and final decisions on design and budget.

Construction Documents: Upon acceptance of the Design Development Plans, the Consultant shall proceed to prepare final Construction Documents for the project.

a) Consultant shall submit a set of 90% documents for review and

comment. The documents generated must be of sufficient detail to develop a final cost estimate for the project. These documents shall include, but are not limited to:

(1) Demolition, grading and drainage plan (2) Planting layout plan and material list (4) Final utility routing plan (5) Lighting layout plan (6) Final Architectural plans, elevations and details, along with

final color boards for review and approval. (7) Architectural, structural, mechanical, electrical and plumbing

design and details (8) Sections/Elevations and details as needed to illustrate the

requirements of construction for all special and major elements

(9) Final cost estimate based on final quantities and unit costs of detailed elements of construction necessary to build the project (with 10% contingency).

(10) Technical Specifications

b) Following review and comment of the 90% documents, Consultant shall present a set of 100% Construction Documents in a timely manner. Bid Documents shall include all Plans and Specifications necessary to bid and construct the projects. The Consultant shall respond to clarification questions in a timely manner. Coordination of final plans and specifications with the County Community Development agency is required. The consultant shall be responsible for obtaining all review department approvals needed for obtaining development and building permits before construction begins. The

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Consultant is not responsible for paying any development fees associated with project construction.

c) The County shall review the Plans for compliance with all the

previous decisions, and directions given during the Design Phases. d) Upon approval of these documents by the County, the consultant shall

proceed with final permitting. Final approved documents will be turned over to the contractor to secure the building permit.

Bidding Process: The Consultant shall assist the County with the bidding process by providing the following services, as requested.

a) Provide deliverables stated below to the County b) Respond to clarification questions. c) Attend prebid meeting d) Prepare addenda for review and approval by the County e) Review bids for compliance with requirements, check bidder

references and make recommendation of award.

Construction Administration: The Consultant shall be an integral part of the construction with the County Staff, Program Manager and the contractor ensuring the designs are implemented properly, arranged in logical sequence and in accord with local practices. Anticipated construction administration services include, but are not limited to, the following:

a) Provide deliverables of conformed documents stated below to

Program or Project Manager b) Attend Pre-construction meeting(s) c) Provide permit documents to Contractors and/or County d) On-site construction meetings (average of once per month) and at

critical points during construction by the appropriate discipline, to assure compliance with plans and specifications

e) Attend, along with all appropriate design discipline personnel as may be required dependent upon work being performed on site, monthly site meetings

f) Provide observation of contractor’s operations and work to determine compliance with plans and specifications, quality of workmanship and progress including a written report to the Program Manager for all site visits until final acceptance of work. If required by the NPDES permit, preparation of the Notice of Intent, perform initial inspection of the erosion control BMP’s, final inspection of the site and preparation of the Notice of Termination.

g) Clarification of Requests for Information from the Contractor. h) Assist Program and Project Manager in working with the Contractor

to make recommendations to resolve conflicts and problems that may arise during the course of the project

i) Review shop drawings and other submittals

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j) Respond to contractor request for change orders, and assist in evaluation of need and cost. Make recommendations to the County for acceptance or rejection of the change order.

k) Provide revised plans to compensate for construction issues that arise due to an insufficiency of information on the construction documents or unforeseen conditions

l) Review and approve Contractor’s applications for payment. m) Punch list preparation n) Final Inspection and approval o) After the first year of occupancy, a warranty inspection of all

disciplines with the County and the Contractor

Cobb County Parks, Recreation and Cultural Affairs (PRCA) requires a package of deliverables above and beyond the deliverables required by any other State or County agency. All labor and materials provided by the Consultant to satisfy the requirements of any such reviewing or permitting agency are to be included in the base fee and shall not be considered for further reimbursement. Deliverables shall include:

Preliminary Design - presentation to PRCA staff, one (1) complete full size set of preliminary plans and one (1) half size set for review and preliminary cost estimate that identifies all major components and elements of the project by unit cost and total for design items, with allowances for all other costs, and contingency.

Design Development - presentation to PRCA staff, two (2) complete sets of full size plans and two (2) half size set of plans for review, including among others: building elevations, drainage and grading, demolition plan limits of construction, erosion control measures, preliminary planting plan; updated cost estimate that identifies all major components and elements of the project by unit cost and total for design items; materials list, samples and descriptions, if necessary; drainage study calculations; special plans and details for unique elements; 60% complete specifications to be used for this project; updated schedule.

Construction Documents - presentation to County staff, two (2) complete set of 90% complete plans for review and two (2) half size set of plans for review including all items necessary to bid and construct the project, and complete technical specifications.

Following the incorporation of comments generated by review of the 90% documents, Consultant shall present final permitted construction documents, including two (2) sets of bound plans, bid documents and technical specifications. Consultant shall also provide copies of all sheets from the drawings in .pdf format for use by the County and contractor and all specifications in .pdf and word format.

At the completion of the project, Consultant shall provide to the County a final deliverables package which include: two sets of blue line prints of the as-built construction documents; two bound sets of all equipment description and operation

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manuals and warranties including cut sheets and shop drawing submissions for all equipment bearing a model number submitted for review throughout the construction process (for example, plumbing submissions, electrical hardware, light poles, site furniture, etc; a .pdf copy of the as built construction documents. As built drawings will be prepared based on changes made by the consultant during construction and red lined drawings made by the contractor during construction.

The Consultant shall include the provision of the above described deliverables packages in the fee for the work and shall not be further reimbursed for these services

PROJECT BUDGET The County has established a construction budget for each project ranging from $400,000 to $500,000, including demolition of the existing building. Cost estimates developed by the consultant during the design shall be used to make final decisions of base bid plus alternates, if any. The design consultant is required to work with the County staff in a team like fashion to refine the facilities to ensure that the County receives the optimum value based on the available budget. SUBMITTAL REQUIREMENTS AND EVALUATION CRITERIA The County hereby requests 1) Statements of Qualifications and 2) Cost of Services from professional firms to complete and undertake the above referenced services. The County shall undertake concurrent review of technical qualifications and pricing. The information provided will be evaluated based on the criteria below. Part I. Statement of Qualifications.

1) Staffing - Evaluation of the list of personnel specifically assigned to the proposed project, including their qualifications, overall experience and recent experience on projects of similar nature and complexity to the proposed project. Qualifications and experience of individuals proposed for the work shall be included.

a. Representative Projects. Provide the names and references for a minimum of three similar projects. Provide current email addresses of references.

b. Identify previous experience working with the Cobb County Government, if any. c. Describe past experience in designing projects of similar nature and complexity. d. Describe past experience in bid assistance and construction management. e. Include sample(s) of past work completed that you feel best highlights your

qualifications for this particular project.

2) Experience/Performance – Evaluation of the following information to be provided by the proposer:

a. Review of past performance on Cobb County projects or other projects of similar nature and complexity as the proposed project.

b. Evaluation of client references whether included in the proposal or not. Provide the name, address, telephone number and current email address for all references.

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c. Evaluation of litigation history for the past five years. Provide each case, style of case, parties to the litigation, court in which litigation was filed, civil action number, nature of claims, whether the case is pending or resolved (e.g., relief granted by court, settlement by or among parties, dispositive motion, trial verdict)

d. Overall responsiveness to County’s needs

3) Approach - Evaluation of overall understanding of the scope of the proposed project; completeness, adequacy and responsiveness to the required information of the RFP. Provide the following:

a. Describe your understanding of the scope of the proposed project. b. Provide your specific approach to the project explaining how you will meet the

project requirements in the RFP. Note, duplication of the RFP or portions of the RFP is not considered an adequate approach.

4) Availability and Local Vendor Preference

a. Evaluation of the work load of the proposing firm and the staffing to be assigned to the proposed project;

b. Time schedules of the proposer in relation to that of the proposed project location of the offices or facilities from which the services are to be provided to the County.

c. Local Vendor preference – See section XXVII of the terms and conditions below for submittal requirements.

5) Cost Evaluation of the overall cost of the required services as submitted in the RFP response. See Part 2 below.

6) Financial Stability Evaluation of the financial stability of the top proposer(s). Financial stability will be evaluated based on the following factors: Liquidity Ratios (1 point); Financial Leverage Ratios (2 points); Profitability Ratios (1 point); and whether an audited or reviewed Financial Statement is submitted with Proposal (1 point). A maximum of five points may be awarded. Proposers who receive a score of two points or less will not be considered for award.

Part II. Cost of Services. Provide a cost to complete the project as outlined in the proposal. Use the PROPOSAL SCHEDULE at the end of this section to submit your cost. In addition to the completed proposal schedule, provide a schedule of charges for additional services (broken down on an hourly basis by proposed staff). The cost of the construction administration for the project shall be based on the scope provided within the RFP and assuming a site visit once every month for the duration of the construction period. For the purposes of this RFP, the construction duration shall be considered as seven months for each building. During the construction, the consultant shall visit the project as requested by the Program Manager. The proposals shall be evaluated to select the consultant(s) that rate the highest according to the evaluation criteria. The selection committee may then “short-list” the highest scoring prospective

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consultant(s) and eliminate the rest. If desired, the committee may request interviews or presentations with prospective consultants, samples of work, and/or references. If necessary, the committee may again short-list the interviewed firms and eliminate the rest. The County may solicit best and final offers of top rated proposers. The County shall negotiate with the highest scoring short listed proposer after receipt of best and final offers, if requested. If the County cannot come to contract agreement with the firm, the County reserves the right to negotiate and select the next rated consultant, and so on until a consultant is selected. The County reserves the right to accept or reject any and all proposals, waive technicalities and informalities, change the scope of work, and amend said Request for Proposals as it desires. Cobb County General Instructions for Proposers, Terms and Conditions

I. Preparation of Proposals

Each proposer shall examine the drawings, specifications, schedule and all instructions. Failure to do so will be at the proposer’s risk, as the proposer will be held accountable for their proposal response. Unit price for each quotation shall be shown and such price shall include packing unless otherwise specified, along with a total and grand total where applicable. In case of discrepancy between a unit price and extended price, the unit price will be presumed correct.

Each proposer shall furnish all information required by the proposal form or document. Each proposer shall sign the proposal and print or type his or her name on the schedule. The person signing the proposal must initial erasures or other changes. An authorized agent of the company must sign proposals.

Requests for Proposals (RFP) issued by Cobb County are advertised on the Cobb County Internet site (www.purchasing.cobbcountyga.gov) and every Friday in the Cobb County legal organ, the Marietta Daily Journal.

II. Delivery

Each proposer should state time of proposed delivery of goods or services. Words such as “immediate”, “as soon as possible”, etc. shall not be used. The known earliest date or the minimum number of calendar days required after receipt of order (delivery A.R.O.) shall be stated (if calendar days are used, include Saturday, Sunday and holidays in the number).

III. Explanation to Proposers

Any explanation desired by a proposer regarding the meaning or interpretation of the Request for Proposal, drawings, specifications, etc. must be received in writing by 5:00 pm on May 15, 2012 in order for a reply to reach all proposers before the close of the bid. Any information concerning an RFP will be furnished to all prospective proposers as an


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addendum to the invitation if such information is necessary or if the lack of such information would be prejudicial to uninformed proposers. Submit questions in writing to:

Cobb County Purchasing Department 1772 County Services Parkway Marietta, GA 30008 Fax: 770-528-1154

Email: [email protected] The written proposal documents supersede any verbal or written communication between parties. Addenda are posted on the Purchasing web site: www.purchasing.cobbcountyga.gov. Receipt of addenda should be acknowledged in the submitted proposal. It is the proposer’s ultimate responsibility to ensure that they have all applicable addenda prior to bid submittal.

IV. Submission of Proposals

Proposals shall be enclosed in a sealed package, addressed to the Cobb County Purchasing Department with the name and address of the proposer, the date and hour of opening, and the request for proposal number on the face of the package. Telegraphic/faxed proposals will not be considered. Any addenda should be enclosed in the sealed envelopes as well. All bids shall be submitted on the Bid Proposal Form. Any revisions made on the outside of the envelope will not be accepted.

Unsigned proposals will not be considered.

Cobb County is exempt from federal excise tax and Georgia sales tax with regards to goods and services purchased directly by Cobb County. Suppliers and contractors are responsible for federal excise tax and sales tax, including taxes for materials incorporated in county construction projects. Suppliers and contractors should contact the State of Georgia Sales Tax Division for additional information.

Except as otherwise provided by law, information submitted by a proposer in the proposal process shall be subject to disclosure after proposal award in accordance with the Georgia Open Records Act. Proprietary information must be identified. Entire proposals may not be deemed proprietary.

V. Withdraw Proposal Due To Error

The proposer shall give notice in writing of his claim of right to withdraw his proposal without penalty due to an error within two (2) business days (48 hours) after the conclusion of the proposal opening. Proposals may be withdrawn from consideration if the price was substantially lower than the other proposals due solely to a mistake therein, provided the proposal was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the proposal, which unintentional arithmetic or unintentional omission can be

mailto:[email protected]�


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clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the proposal sought to be withdrawn. The proposer’s original work papers shall be the sole acceptable evidence of error and mistake if he elects to withdraw his proposal. If a proposal is withdrawn under the authority of this provision, the lowest remaining responsive proposal shall be deemed to be low proposal. Proposal withdrawal is not automatically granted and will be allowed solely at the discretion of Cobb County. No proposer who is permitted to withdraw a proposal shall, for compensation, supply any material or labor or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn proposal was submitted.

VI. F.O.B. Point

Unless otherwise stated in the request for proposal and any resulting contract, or unless qualified by the proposer, items shall be shipped F.O.B. Destination. The seller shall retain title for the risk of transportation, including the filing for loss or damages. The invoice covering the items is not payable until the items are delivered and the contract of carriage has been completed. Unless the F.O.B. clause states otherwise, the seller assumes transportation and related charges either by payment or allowance.

VII. Patent Indemnity

The contractor guarantees to hold the County, its agents, officers or employees harmless from liability of any nature or kind for use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used in the performance of the contract, for which the contractor is not the patentee, assignee or licensee.

VIII. Award

Award will be made to the highest scoring responsive and responsible proposer according to the criteria stated in the proposal documents. The County may make such investigations as it deems necessary to determine the ability of the proposer to perform, and the proposer shall furnish to the County all such information and data for this purpose as the County may request. The County reserves the right to reject any proposal if the evidence submitted by, or investigations of such proposer fails to satisfy the County that such proposer is properly qualified to carry out the obligations of the contract.

The County reserves the right to reject or accept any or all proposals and to waive technicalities, informalities and minor irregularities in the proposals received. The County reserves the right to make an award as deemed in its best interest which may include awarding a proposal to a single proposer or multiple proposers; or to award the whole proposal, only part of the proposal, or none of the proposal to single or multiple proposers, based on its sole discretion of its best interest. Time payment discounts will be considered in arriving at net prices and in award of proposal.

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IX. County Furnished Property

The County will furnish no material, labor or facilities unless so provided in the RFP. X. Rejection of Proposals

Failure to observe any of the instructions or conditions in this request for proposal may constitute grounds for rejection of proposal.

XI. Contract

Each proposal is received with the understanding that the acceptance in writing by the County of the offer to furnish any or all of the commodities or services described therein shall constitute a contract between the proposer and the County which shall bind the proposer on his part to furnish and deliver the articles quoted at the prices stated in accordance with the conditions of said accepted proposal. The County, on its part, may order from such contractor, except for cause beyond reasonable control, and to pay for, at the agreed prices, all articles specified and delivered.

Upon receipt of a proposal containing a Cobb County “Sample Contract” as part of the requirements, it is understood that the proposer has reviewed the documents with the understanding that Cobb County requires that all agreements between the parties must be entered into via these documents. If any exceptions are taken to any part, each exception must be stated in detail and submitted as part of the proposal document. If no exceptions are stated, it is assumed that the proposer fully agrees to the “Sample Contract” in its entirety. The County reserves the right to make changes to the “Sample Contract”.

XII. Delivery Failures

Failure of a contractor to deliver within the time specified or within reasonable time as interpreted by the Purchasing Director, or failure to make replacements of rejected articles/services when so requested, immediately or as directed by the Purchasing Director, shall constitute authority for the Purchasing Director to purchase in the open market or rebid for articles/services of comparable grade to replace the articles/services rejected or not delivered. On all such purchases, the contractor shall reimburse the County within a reasonable time specified by the Purchasing Director for any expense incurred in excess of contract prices, or the County shall have the right to deduct such an amount from monies owed the defaulting contractor. Alternatively, the County may penalize the contractor one percent (1%) per day for a period of up to ten (10) days for each day that delivery or replacement is late. Should public necessity demand it, the County reserves the right to use or consume articles/services delivered which are substandard in quality, subject to an adjustment in price to be determined by the Purchasing Director.

XIII. Non-Collusion

By submission of a proposal, the proposer certifies, under penalty of perjury, that to the best of its knowledge and belief:

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(a) The prices in the proposal have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor.

(b) Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the proposer prior to opening, directly or indirectly, to any other proposer or to any competitor

(c) No attempt has been made, or will be made, by the proposer to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition.

Collusion and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

XIV. Conflict Of Interest, Etc.

By submission of a proposal, the proposer certifies, under penalty of perjury, that to the best of its knowledge and belief:

1. No circumstances exist which cause a Conflict of Interest in performing the services required by this RFP, and

2. That no employee of the County, nor any member thereof, not any public agency or official affected by this RFP, has any pecuniary interest in the business of the responding firm or his sub-consultant(s)has any interest that would conflict in any manner or degree with the performance related to this RFP.

The responding firm also warrants that he and his sub-consultant(s) have not employed or retained any company or person other than a bona fide employee working solely for the responding firm or sub-consultant(s) to solicit or secure a contract agreement with Cobb County, as related to this RFP, and that he and his sub-consultant(s) have not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the responding firm or his sub-consultant(s) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award of this Agreement.

For any breach or violation of this provision, the County shall have the right to terminate any related contract or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or consideration. The successful responding firm shall require each of its sub-consultant(s) to sign a statement certifying to and agreeing to comply with the terms of the subsections above.

XV. Default

The contract may be cancelled or annulled by the Purchasing Director in whole or in part by written notice of default to the contractor upon non-performance or violation of any contract term. An award may be made to the next highest rated responsive and responsible proposer,

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or articles specified may be purchased on the open market similar to those terminated or the County may issue a new Request for Proposal. In any event, the defaulting contractor (or his surety) shall be liable to the County for costs to the County in excess of the defaulted contract prices; provided, however, that the contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. Failure of the contractor to deliver materials or services within the time stipulated on its proposal, unless extended in writing by the Purchasing Director, shall constitute contract default.

XVI. Disputes

Except as otherwise provided in the contract documents, any dispute concerning a question of fact arising under the contract which is not disposed of shall be decided after a hearing by the Purchasing Director who shall reduce his/her decision to writing and mail or otherwise furnish a copy thereof to the contractor. The decision of the Purchasing Director shall be final and binding, however, the contractor shall have the right to appeal said decision to a court of competent jurisdiction.

XVII. Substitutions

Proposers offering and quoting on substitutions or who are deviating from the attached specifications shall list such deviations on a separate sheet to be submitted with their proposal. The absence of such a substitution list shall indicate that the proposer has taken no exception to the specifications contained therein.

XVIII. Ineligible Proposers

The County may choose not to accept the proposal of one who is in default on the payment of taxes, licenses or other monies owed to the County. Failure to respond three (3) consecutive times for any given commodity may result in removal from the list under that commodity.

XIX. General Information

Sealed proposals, with original signatures, will be accepted by the County Purchasing Department at the time, place, and date specified. One (1) original and five (5) copies of the proposal must be submitted, complete with a cover letter signed by an official within the organization who has authority over project negotiation.

These proposals must be in accordance with the purposes, conditions, and instructions provided in this RFP. The Cobb County Board of Commissioners assumes no responsibility for proposals received after the submission time, whether due to mail delays or any other reason. Proposals received after the submission time will be filed unopened and considered non-responsive. As previously stated under IV, unsigned proposals will not be considered. Cobb County reserves the right to retain all proposals submitted, and to use any idea in any proposal regardless of whether that proposal is selected. All work performed by the

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successful respondent shall be performed in compliance with the Americans With Disabilities Act.

XX. Insurance

Insurance requirements: Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property that may arise from or in connection with performance of the Work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

A. MINIMUM LIMITS OF INSURANCE Contractor shall maintain limits no less than:

1. General Liability: $500,000 combined single limit per occurrence for comprehensive coverage including bodily injury, personal injury and property damage for premises/operations, products/completed operations, contractual liability, independent contractors, broad-from property damage, and underground, explosion and collapse hazard. 2. Automobile Liability: $250,000 combined single limit per accident for bodily injury and property damage including all owned, hired, and non-owned. 3. Workers' Compensation and Employers Liability: Workers’ Compensation limits as required by the Labor code of the State of Georgia and Employers Liability of $100,000 per accident.

4. Umbrella Liability: $5,000,000 combined single limits per occurrence. 5. Professional Liability - $500,000 per claim and in the aggregate. B. DEDUCTIBLES AND SELF-INSURED RETENTION

Any deductibles or self-insurance retentions must be declared to and approved by the Owner. At the option of the Owner, either: The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Owner, its officers officials, and employees; or the Contractor shall procure a bond guaranteeing payment of losses related to investigations, claim administration and defense expenses.

C. OTHER INSURANCE PROVISIONS 1. General Liability, Automobile Liability, and Umbrella Liability Coverages.

The Owner and its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor.

Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Owner and its officers, officials, employees and volunteers.

The Contractor is responsible for insuring its own property and equipment.

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2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Owner and its officers, officials, employees and volunteers for losses arising from the work performed by the Contractor for the Owner.

3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be changed, cancelled, suspended, terminated or non-renewed except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Cobb County of said change of coverage, cancellation, suspension, termination / or non-renewal.

D. ACCEPTABILITY. Insurance is to be placed with insurers with a Best's rating of no less than A: VII, or otherwise acceptable to the Owner. E. VERIFICATION OF COVERAGE.

Contractor shall furnish the Owner with certificates of insurance and with original endorsements effecting coverage required by this clause. These certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the Owner before any work commences. The Owner reserves the right to require complete, certified copies of all required insurance policies at any time.

F. SUBCONTRACTORS

Subcontractor means one not in the employment of the Contractor who is performing all or part of the services under this Agreement under a separate contract with the Contractor. Contractor shall include all subcontractors as an additional insured under its insurance or shall ensure that subcontractors have met the insurance requirements of this agreement. Owner may request evidence of subcontractor’s insurance.

Contractor is responsible for having all subcontractors comply with all terms and conditions of the Invitation to Bid.

G. WAIVER OF SUBROGATION

Vendor shall require all insurance policies in any way related to the work and secured and maintained by Vendor to include clauses stating each underwriter shall waive all rights of recovery, under subrogation or otherwise, against Customer. Vendor shall require of subcontractors, by appropriate written agreements, similar waivers each in favor of all parties enumerated in this section.

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XXI. Uniformity of Proposal

To facilitate comparative analysis and evaluation of proposals it is desired that a uniform format be employed in structuring each proposal. The respondent’s degree of compliance with the requirements of the RFP will be a factor in the subsequent point-based evaluation of the proposal. Proposals with major deviations or omissions many not be considered for detailed study. Proposals will become part of the contract with Cobb County should they be selected under the RFP.

XXII. Request Additional Information

Inquiries that must be answered in regards to the Proposal procedures or technical matters must be submitted in writing via U.S. Mail or facsimile or email to:

Cobb County Purchasing Division 1772 County Services Parkway Marietta, Georgia 30008-4021 Fax: (770) 528-1154 Email: [email protected]

Cobb County will not orally or telephonically address any question or clarification regarding specifications or procedures. Cobb County is not bound by any oral representations, clarifications, or changes made to the written specification by County employees, unless such clarification or change is provided to the respondent in written addendum from Cobb County.

XXIII. Firm Prices

Prices quoted by proposal shall be firm and best prices. Prices quoted must be valid for a minimum of ninety (90) days from the date of bid opening.

XXIV. Proposal/Presentation Costs

The cost for developing a proposal will be borne by the respondent. Cobb County is not liable for any costs incurred by the respondent in preparation and/or presentation of proposals in response to this RFP or for travel and other costs related to this RFP.

XXV. Proposal Format

Presentation of the relevant information is at the discretion of the respondent; however, the proposal must address all items identified in Section Titled, Proposal Requirements. To assist in the evaluation of proposals resulting from the RFP, it is recommended that each proposal be written in a concise and forthright manner and that unnecessary marketing statement and materials be avoided.

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XXVI. Indemnification/Hold Harmless

By submission of a proposal, the selected responding firm agrees to indemnify Cobb County to the fullest extent permitted by law, protect, defend, indemnify and hold harmless Cobb County, its officers, officials, employees and volunteers from and against all claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged a) bodily injury, sickness, disease, or death; or injury to or destruction of tangible property including the loss of use resulting there from; or any other damage or loss arising out of or resulting claims resulting in whole or part from any actual or alleged act or omission of the responding firm, sub-consultant, anyone directly or indirectly employed by any of them; or anyone for whose acts any of them may be liable in the performance of work; b) violation of any law, statute, ordinance, governmental administrative order, rule, regulation, or infringements of patent rights or other intellectual property rights by the responding firm in the performance of work; or c) liens, claims or actions made by the responding firm or other party performing the work, as approved by Cobb County.

The indemnification obligations herein shall not be limited to any limitation on the amount, type of damages, compensation, or benefits payable by or for the responding firm or its sub-consultant(s), as approved by the County, under workers’ compensation acts, disability benefit acts, other employee benefit acts, or any statutory bar or insurance.

XXVII. Local Vendor Presence (LVP) Program

A. QUALIFICATIONS

1. Any business or firm having a physical office located within the geographical boundaries of Cobb County or a municipality located within the geographical boundaries of Cobb County for one (1) or more years. Only the “prime” contractor will be eligible for consideration.

2. Must have a current Cobb County Occupation Tax Certificate (or its equivalent from a Cobb municipality) on the closing date of solicitation for which a qualified bid has been submitted.

3. Must have no outstanding or unresolved taxes, fees, fines or penalties with Cobb County or one of its municipalities. A signed and notarized affidavit which reserves the County’s option to require additional documentation upon award or consideration of award must be submitted with the proposal. (SEE EXHIBIT D)

B. DETERMINATION

Local Vendor Presence information is required to be submitted at the time of the qualified bid and determination will be made by the Purchasing department prior to distribution to the approved Evaluation Committee. Specific qualification requirements are required to be included in individual Request for Proposals/Qualifications (RFP/Q). The absence of any required information will result in no local vendor presence consideration granted for the respective bid.

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C. EXCEPTIONS

The LVP Program shall not apply to projects funded by Federal and state grants or any other grant or funding source that prohibits such.

XXVIII. Proposal Evaluation

The Evaluation process will address current requirements and consider possible future operation and maintenance needs. Both objective and subjective rationale will be involved in the decision process.

1. Evaluation Responsibility A selection committee will coordinate the review of all proposals and will submit a recommendation to the County Manager and Board of Commissioners.

2. Presentations During the evaluation process, the members of the selection committee may require that responding firms conduct a presentation. If required, these presentations will be scheduled in advance and limited in time. Location of the presentations will be pre-arranged.

3. Evaluation Criteria The County will use a specific set of criteria for the qualitative evaluation of competitive proposals. The structure of the evaluation will be to assign points to each response in a number of categories. A non-response to a specific category will result in no points being awarded for that category. Final rankings will be based on a combination of price (where applicable) and qualitative factors. See Page 11 for Evaluation Criteria.

All proposal requirements must be met, or capable of being met by the responding firm or the proposal will be disqualified as non-responsive. It is extremely important that project schedules are met. Only those firms or teams with the necessary resources and a commitment to complete all project work on schedule should submit a Proposal.

XXIX. Multi-Year Contract Provisions

The successful respondent will be required to enter into a contract containing the provisions as required by Georgia law pertaining to multi-year contracts. The following is a sample of the provision and will be adjusted as to the term or as to the length of the contract.

This contract shall terminate absolutely and without further obligation on the part of Cobb County at the close of the calendar year in which it was executed, and at the close of each succeeding calendar year for which it may be renewed as provided in O.C.G.A. Section 36-60-13. The contract shall automatically renew for each of the remaining calendar years provided for in the contract, unless positive action is taken by Cobb County to terminate such contract, and the nature of such action shall be written notice provided to the consulting firm within sixty (60) days before the end of the initial year of the contract or each succeeding remaining calendar year.

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This contract shall terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of Cobb County under this contract.

XXX. Proposal Requirements

The respondents must demonstrate competence and experience in the area of expertise outlined in this Request for Proposal.

If required, respondents must demonstrate competence and experience in public speaking and graphic presentations for the purpose of conveying project information to large and diverse community groups. Respondents should also be able to demonstrate the ability to build consensus among public and private interest groups related to this project.

XXXI. Cover Letter/Executive Summary

Respondents shall provide a cover letter or letter of transmittal to briefly summarize the company’s interest and relevant qualifications for the project. This letter shall not exceed two (2) pages, and shall be signed by an agent of the responding firm who is authorized to negotiate the details of the proposed services.

XXXII. Project Team

Respondents shall provide an organizational chart for the proposed project team, as well as the relevant background and experience for every proposed team member.

XXXIII. Special Terms and Conditions

Should these General Terms and Conditions be in conflict with any attached Special Terms and Conditions, the Special Terms and Conditions will control.

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XXXIV. Disadvantaged Business Enterprises (DBE): The following provisions should be carefully read to determine applicability to your business.

Cobb County Government encourages the participation of all businesses in offering their services and/or products. The Cobb County Government has the goal to fairly and competitively procure the best product at the most reasonable cost.

A Disadvantaged Business Enterprise (DBE) is generally defined as a Female, Black American, Hispanic American and any other minority owned business. The Federal Government has long had program in place to ensure participation of DBE vendors and suppliers. The State of Georgia has established a similar program whereby DBE firms are defined, certified and made known. This effort is managed by the Georgia Department of Transportation (GDOT). More information can be obtained from GDOT web site:

1. http://www.dot.state.ga.us/eeo-div/index.shtml

The Cobb County Government addresses DBE business participation (frequency and dollar value) in the following ways:

1. Cobb County wishes to identify all DBE participation; both at the contractor and sub-

contractor levels in the following ways. a. DBE businesses are requested to identify such status at the time they register as a

vendor. b. DBE businesses are requested to identify themselves at the time they propose to

do business. Please complete EXHIBIT B if applicable and return with bid submittal.

c. All businesses will receive with each Purchase Order an instruction sheet for use

of the furnished Cobb County Government DBE Participation Report, EXHIBIT C. Businesses are requested to complete this report and submit it with each invoice for the time period billed.

2. Cobb County has established a Disadvantaged Business Enterprise Plan in accordance with the regulations of the U.S. Department of Transportation (U. S. Department of Transportation (USDOT), 49 CFR Part 26.) The Cobb County Department of Transportation is the lead agency for implementing the USDOT DBE Program for the County. The Plan applies only to projects which are clearly indicated by the County.

http://www.dot.state.ga.us/eeo-div/index.shtml�

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EXHIBIT B

DISADVANTAGED BUSINESS ENTERPRISE (DBE) IDENTIFICATION FORM

A Disadvantaged Business Enterprise (DBE) is generally defined as a Female, Black American, Hispanic American and any other minority owned business. If your firm is classified as a Disadvantaged Business Enterprise (DBE), please complete this form and submit with bid response or send to: Cobb County Purchasing Department Attn: Purchasing Director 1772 County Services Parkway Marietta, GA 30008 Fax: 770-528-1154 Email: [email protected] Name of Business: ___________________________________________ Address: ___________________________________________ ____________________________________________ ____________________________________________ Telephone: _______________________ Fax: ________________________ Email: ________________________ Certification Number: _____________________________ Name of Organization Certification _____________________________

This information is acquired for informational purposes only and will have no bearing on the award unless otherwise stated

mailto:[email protected]�

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Instructions for Completing Exhibit C Disadvantaged Business Enterprise (DBE)

Participation Report The objective of this request is to assist in the identification of Disadvantaged Business Enterprise (DBE) business participation with the Cobb County Government and to quantify that participation. The Cobb County Government does not administer a DBE Certification Program. The principle certification agency for the State of Georgia is the Georgia Department of Transportation. As a Contractor/Vendor you are not responsible for verification of any DBE Certification information of your subcontractor.

*** Instructions *** 1. Contractor/Vendor is furnished the one-page DBE Monthly Participation Report with each Cobb County Government-issued Purchase Order. 2. Contractor/Vendor completes this report for each billing period and attaches it to the invoice to then be sent to the County department/agency receiving the service or product. 3. Upon receipt of a Contractor/Vendor invoice and DBE report, the County department/agency receiving the service or product should keep a copy of the completed DBE report for their reporting process. In order to add or verify the prime contractor is registered as a DBE vendor in AMS, the County department/agency should send a copy of the DBE report to:

Cobb County Purchasing Division Attn.: DBE Report

All Cobb County Government contractors or vendors are requested to complete a report descriptive of any DBE subcontractor involvement in work for which the government is making payment. If otherwise specified in an RFP/ITB or contract, additional reporting forms may be required as well.

A Disadvantaged Business Enterprise (DBE) is a firm that is under the control of someone in an ownership position (at least 51%) that:

1. Has membership in one or more of the following groups: Female, Black American, Hispanic American, Native American, Subcontinent Asian American and Asian-Pacific America. There may be other groups that may be eligible to be certified as DBE.

2. Is a U.S. citizen or lawfully admitted permanent resident of the U.S. 3. Has a personal net worth which does not exceed $750,000. 4. The business meets the Small Business Administration’s size standard for a small business. Its annual

gross receipts for the three previous fiscal years cannot have exceeded $22,410,000. Depending on the type of work the business performs, other size standards may apply.

5. The business is organized as a for-profit business. 6. The business may also be DBE eligible as a certified U.S. Small Business Administration 8 (a)

program.

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Exhibit C Cobb County Government Disadvantaged Business Enterprise Participation

Monthly Report

Contractor/Vendor: Please keep this blank report to make copies as needed. Print or type in the report, then send the completed report to the County department/agency receiving the service or product. County Departments: Keep a copy of this completed report and use the dollar figures to input into your quarterly DBE report to the DBE Liaison (Records Management Division). If you already have a similar reporting method of gathering the dollar figures continue to use it. Send a copy of this completed report to the Purchasing Division (Attn: DBE Report) to add or verify the prime contractor is registered as a DBE vendor in AMS. Submitted by: _____________________________ Month Invoiced: ____________________________ Name of Prime Contractor/Vendor From/To: Cobb County Project Name: _______________________ Bid or P.O. Number: _____________________ Cobb County Department or Agency receiving service or product: __________________________________ Description of Purchased Service/Product: _____________________________________________________ _______________________________________________________________________________________ Full Contracted Amount: $_______________ Payment amount requested at this time: $_______________

1. Are YOU, the Prime Contractor a DBE business? YES _____ NO _____ 2. Are YOUR subcontractors DBE vendors? YES ______ NO_____ Please provide information below for each participating DBE subcontractor(s).

Submitted by: __________________________________ Printed Name Title or position: ________________________________

Signature of Authorized Representative

Date Completed: ________________________________

DBE Subcontractor Business Name

Type Service or Product Supplied

DBE Subcontractor Business/Contact

Tel. Number

Actual Dollar Value

of DBE Subcontractor Participation this Reporting Month

$ $ $ $ $ $

29

Exhibit D

Local Vendor Presence Affidavit

By executing this affidavit, the undersigned vendor verifies that Cobb County may

require additional documentation upon award or consideration of award regarding the applicant’s qualifications for LVP status. This documentation may include but is not limited to information demonstrating: (1) the applicant has a physical office located within the geographical boundaries of Cobb County or a municipality located within the geographical boundaries of Cobb County for one (1) or more years: (2) the applicant has a current Cobb County Occupation Tax Certificate (or its equivalent from a Cobb municipality) on the closing date of solicitation for which a qualified bid has been submitted; and (3) the applicant has no outstanding or unresolved taxes, fees, fines or penalties with Cobb County or one of its municipalities. The applicant understands that failure to provide requested information may result in the County finding the applicant ineligible for the LVP program. _____________________________________________ Company Name _______________________________________________ _______________________________________________ Company Address _____________________________________________ Signature of LVP Applicant _____________________________________________ Printed Name of LVP Applicant I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _______, ____, 201_ in _______ (city), __________(state). ___________________________________________ Signature of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _______ DAY OF ____________, 201__. NOTARY PUBLIC My Commission Expires: __________________ _______________________________________ Signature of Notary

Cobb County, Georgia - Page -1

PROFESSIONAL SERVICES CONTRACT - SAMPLE This Contract is made and entered into on this ___ day of ________, 2012, by and between Cobb County, a political subdivision of the State of Georgia, hereinafter called the "County", and __________________________, which is authorized to do business in Georgia, hereinafter called the "Consultant."

WITNESSETH: Whereas, the County desires to engage a qualified and experienced consulting firm to furnish professional services for:

Project Name

Whereas, the Consultant has represented to the County that it is experienced and qualified to provide the services contained herein and the County has relied upon such representations. Now, therefore, in consideration of the mutual promises and covenants herein contained, the receipt and sufficiency of which is hereby acknowledged, it is agreed by and between the County and the Consultant as follows:

CONTRACT DEFINITIONS

The following terms used in this Contract will have the meaning set forth below: The term “Board of Commissioners” means the governing body of Cobb County, Georgia. The term “County” means Cobb County, Georgia, (which acts through its Board of Commissioners). The term “Consultant” means the firm, ______________________, the Consultant firm awarded the Contract for Project for Cobb County. The term “Contract” (sometimes called “Agreement” or “Contract Documents”) means the agreement that Cobb County has with the Consultant for the delivery of services. Such Contract includes: __________________ proposal dated __________________ attached hereto and by reference incorporated herein as Exhibit A; this Professional Services Contract; The terms of this Professional Services Contract shall supersede and control in the event there are conflicting terms with other Contract Documents. The term “Project” or “Work” means the development of the deliverables for the engineering and related services for the Project,, to include all Basic Services to be accomplished under this Contract, and the Contract Documents.


The term “Project Manager” or “Project Representative” shall mean the Senior Project Manager, Construction who has been designated by the Parks, recreation & Cultural Affairs Director to manage the Contract and serve as the point of contact between the Consultant and the County or other organizations. The term “Scope of Work” means the description of work to be accomplished by the Consultant under this Contract, including the services set forth in Exhibit A, and all work reasonably inferable from the specific descriptions.

GENERAL SCOPE OF SERVICES

The services to be furnished by the Consultant under this Contract shall be all those services described in the Scope of Work, described as “Project” or “Work” in the preceding section, and as further specified by the __________________ proposal dated _______________ (Exhibit A), and in supporting studies and services for County, as provided in the Contract Documents. Consultant shall provide such services that are reasonably necessary to accomplish the Project and those services shall be performed within the fixed price compensation set forth herein. The Consultant will obtain written approval of the Project Manager for any Additional Services to be performed that is outside the Scope of Work described in or reasonably inferable from the Contract Documents.

ADDITIONAL SERVICES It is the intent of the County that all Basic Services to be provided by the Consultant are set forth or reasonably inferable from the Contract Documents; however, the Consultant may be requested to perform Additional Services or tasks related to the Work outlined in the Scope of Work, which are specific to existing conditions or circumstances (collectively “Additional Services”). The Consultant shall, at the County's request, submit a proposal for such Additional Services indicating man-hours and costs to the County for approval. The Consultant shall not be authorized to begin work on any Additional Services until the County issues written authorization to proceed.

CONTRACT TERM/SURVIVAL

The term of this Contract shall be __________ months, beginning on the date that this Agreement is fully executed by the parties. Notwithstanding the stated term, those provisions that expressly state that they survive, or that would by necessity survive, the expiration or earlier termination of this Contract shall so survive.


COMPENSATION

The County shall compensate the Consultant for the satisfactory and timely performance of the Basic Services and such Additional Services which have been requested or authorized by the County under the terms of this Contract, and specifically as set forth in the Exhibit hereto. The County will pay the Consultant a fee in the amount of _____________ (Contract Amount) for the Basic Services performed under this Contract, as set forth in Exhibit A hereto. The County will pay to Consultant the fees for any requested Additional Services in the amounts for each Additional Service only as negotiated and authorized in writing. The Contract Amount includes reasonable expenses incurred by Consultant in performing the services pursuant to this Contract, including expenses for travel, other transportation, accommodations, meals, long distance communications, postage, delivery reproductions and other costs. It is agreed the compensation herein specified includes all costs, direct and indirect, needed to perform the Services necessary to accomplish the Project. The Consultant represents that such amount is sufficient to perform all the services set forth in and contemplated by the Consultant’s proposal and this Contract. The Consultant must submit in a form acceptable to the County an invoice for payment of Services upon completion as detailed in Exhibit A, accompanied by all supporting documentation required by the Contract Documents or requested by County to process the invoice. Each invoice also shall be accompanied by a progress report describing the services rendered, the percentage of the total Work accomplished for each phase, any deliverable that is due with each phase, and any issues that have been encountered or are foreseeable that could impact completion of the Work. Each report shall also include the information further described in the Scope of Work. Additionally, the Consultant shall submit with each invoice an accurate updated schedule, and an itemized description of the percentage of total Work completed, compensation received to date, and the remaining Contract Amount balance and Work. The County shall have the right to reject payment of any invoice or part thereof if not properly supported, or if the costs or portion of the costs requested, as determined solely by the County, are in excess of the actual state of completion of the Project, or the services or products are unacceptable or not in conformity with the Contract Documents as determined by the County. The County shall pay each such invoice or portion thereof as approved, provided that the approval or payment of any such invoice shall not be considered to be evidence of performance by the Consultant to the point indicated by such invoice, or of receipt of acceptance by the County of the services covered by such invoice. It is understood and agreed that the Contract Amount set forth above is the maximum amount approved and budgeted by the County and payable under this Contract for the Project. The Consultant will monitor the progress of the Project in relation to the Contract Amount and will apprise the County of any substantive deviations or anticipated problems in complying with the budget and timeframe set forth in this Contract.


The terms of this section and the terms of the entire Contract are intended to supersede all provisions of the Georgia Prompt Pay Act, O.C.G.A. § 13-11-1 through 13-11-11, except to the extent preempted by applicable federal law. GENERAL CONDITIONS

PERSONNEL

The Consultant represents that it has the necessary experience and skills or has secured or will secure, at its own expense, all personnel with such experience and skills necessary to complete this Contract, none of whom shall be employees of, or have any contractual relationship with, the County. The primary liaison with the County will be through the Project Manager. The Consultant shall employ only persons duly qualified in the appropriate categories to be in charge of supervision and control of the Work. The Consultant shall endorse all reports, Contract plans, and survey data. Such endorsements shall be made by a person duly qualified in the appropriate category by appropriate Boards or other organizations, being in the full employ of the Consultant and responsible for the work prescribed by this Contract.

EMPLOYMENT OF COUNTY’S PERSONNEL

The Consultant shall not employ any person or persons in the employ of the County for any work required by the terms of this Contract without the written permission of the County. INDEPENDENT CONTRACTOR STATUS / RESPONSIBILITY The parties agree that an independent contractor relationship is created by this Agreement. The County is interested only in the results to be achieved, and the conduct and the control of the Work will lie solely with the Consultant. Consultant assumes all responsibility for the provision of tools and equipment used in, and the method of, the performance of this Contract. Nothing contained in this Contract shall be construed to constitute the Consultant or any of its employees, servants, agreements, or subcontractors as an employee, servant, or agent of the County for any purpose. The Consultant shall be fully responsible for all acts and omissions of its employees, subcontractors and their suppliers, and specifically shall be responsible for sufficient supervision and inspection to ensure compliance in every respect with the Contract requirements. There shall be no contractual relationship between any subcontractor or supplier and the County by virtue of the Contract with the Consultant. The Consultant shall not be considered an agent or employee of the County. The County will not withhold income or other taxes on the fees paid to the Consultant under this Agreement and Consultant shall be solely responsible for the payment of all such taxes. The Consultant is not entitled to any of the benefits that the County provides for the County’s employees. It is understood that the County


does not agree to use Consultant exclusively for the services to be performed under this agreement. It is further understood that the Consultant may contract for similar services to be performed for other entities while under contract with the County.

ACCURACY OF WORK

The Consultant shall be responsible for the accuracy of the work they create and shall correct its errors and omissions without additional compensation per the Work described in the Exhibits. Acceptance of the work by the County will not relieve the Consultant of the responsibility for subsequent correction of any errors and the clarification of any ambiguities at its own expense. At any time during the term of this Contract or during any phase of work performed by others based on data secured by the Consultant under this Contract whether during the term or outside the term of this Contract, the Consultant shall confer with the County for the purpose of interpreting the information obtained and to correct any errors or omissions made by it. The Consultant shall prepare any plans or data required by the County to correct its errors or omissions. The above consultation, clarification, or correction shall be made without added compensation to the Consultant. The Consultant shall give immediate attention to these changes so there will be a minimum of delay to others.

PROJECT MANAGER

The Director of the Cobb County Parks, Recreation & Cultural Affairs Department has appointed the Senior Project Manager, Construction as the Project Manager and liaison between the Consultant and the County and other involved authorities or governments on this Work and related projects. The Consultant shall arrange for conferences and exchanges of data and information and for necessary approvals by and through the Project Manager. All correspondence, data, information, and reports shall be directed to the Project Manager to provide for proper distribution to the parties concerned. The Consultant shall meet with the Project Manager either in person or via telephone on an as needed basis as required to timely complete the Project The Project Manager will expedite any necessary decisions by County which may affect the performance of the Work by the Consultant, but the Consultant shall not make use of the Project Manager services on trivial or minor matters normally to be decided by the Consultant.

LOCAL CONDITIONS

The Consultant shall visit and become familiar with the Project site and shall become acquainted with local conditions involved in carrying out this Contract. The Consultant may request that a representative of the County be present during the site visit.


INITIAL APPROVAL OF PLANS

The Consultant shall recommend and secure the County's written approval of the Project schematic plans. Upon receipt of the County's written approval of the schematic plans, the Consultant shall proceed with implementation of final plan preparation.

DATA

The Consultant shall be responsible for gathering all available data and information pertinent to the performance of the services for the Project, including such information held by County. The County and the Consultant shall jointly decide what data and information is pertinent. The Consultant shall not be responsible for ascertaining the accuracy of any data to be utilized in the Project that is furnished to Consultant by County, as set forth in the Exhibits.

COMPLIANCE WITH LAW

The Consultant shall comply with all applicable federal, state and local laws and regulations relating directly or indirectly to the Project, and the performance of the services hereunder.

REVIEW OF WORK

The Project Manager or any of his or her designees may at all reasonable times review and inspect the Project activities and data collected under the Contract and amendments thereto. All reports, drawings, software, databases, studies, specifications, estimates, maps and computations prepared by or for the Consultant, shall be available to authorized representatives of the County for inspection and review at all reasonable times in the main offices of the County. Acceptance shall not relieve the Consultant of its professional obligation to correct, at its expense, any of its errors in work in accordance with Exhibit A. The County may request at any time and the Consultant shall produce progress reports or copies of any work as performed under this Contract. Refusal by the Consultant to submit progress reports and/or plans shall be cause to withhold payment to the Consultant until the Consultant complies with the County's request in this regard or cause for termination of this Agreement.

PROMPT PAYMENT

The Consultant agrees to pay each subcontractor for satisfactory performance of its contract no later than 10 business days from the receipt of each payment the Consultant receives from the County. The Consultant agrees further to return retainage payments, if any, to each subcontractor within 10 business days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the County.


CONFIDENTIALITY

The Consultant agrees that the final deliverables prepared by or for the Consultant as detailed in the Exhibits shall be solely owned by the County. Although final deliverables shall be solely owned by the County, Consultant shall have the right to use final deliverables for Consultant marketing and business development use. No other subconsultant or vendors shall have the right to use or incorporate project final deliverables in any way without prior written permission from Consultant & the County. Consultant shall promptly notify County of any request for such information in a court proceeding. Upon completion of this Contract or earlier termination thereof, all final deliverables prepared by or for the Consultant related to this Contract shall become the sole property of the County and be delivered promptly to the Project Manager. Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the Work conducted under this Contract shall not be presented publicly or published without prior approval in writing of the County.

REPRESENTATIONS The Consultant represents and warrants as follows with regard to this Contract:

a) It will comply with Title 6 of the Civil Rights Act of 1964 (PL88-352 and 42 USC 2000d) and in accordance with Title 6 of that Act, no person in the United States shall, on the ground of age, handicap, religion, creed, or belief, political affiliation, sex, race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any project or activity for which the County (and hence the Consultant) received federal financial assistance and will immediately take any measures necessary to effectuate this assurance. The Consultant shall take affirmative action to ensure that qualified applicants are employed and qualified subcontractors are selected, and that qualified employees are treated during employment without regard to their age, handicap, religion, creed or belief, political affiliation, race, color, sex, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship, and participation in recreational and educational activities.

b) The Consultant shall in all solicitations or advertisements for subcontractors or employees placed by or on behalf of the Consultant state that all qualified applicants will receive consideration for employment without regard to age, handicap, religion, creed or belief, political affiliation, race, color, sex or national origin. The Consultant shall not discriminate against any qualified client or recipient of services provided through this


Contract on the basis of age, handicap, religion, creed or belief, political affiliation, race, color, sex, or national origin.

c) Consultant agrees and hereby certifies that it will comply with the requirements for a Drug Free Workplace, as described in Section 50-24-3 of the Official Code of Georgia, and will pass this requirement through to lower tier contractors.

NO WAIVER

The waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition for any subsequent breach of the same or any other term, covenant or condition herein contained.

RESPONSIBILITY FOR CLAIMS AND LIABILITY

The Consultant shall be responsible for any and all damages to properties or persons, and shall hold harmless the County, its elected officials, officers, and employees from all suits, claims, actions, or damages of any nature whatsoever resulting from the Consultant’s, its subcontractors’, or agents’ intentional misconduct, or negligent performance or non-performance of Work under this Contract. These indemnities shall not be limited by reason of the listing of any insurance coverage.

INDEMNIFICATION

The Consultant shall indemnify and hold harmless Cobb County, its Board of Commissioners, in both their official and individual capacities, its employees, consultants, agents, servants, and successors from and against any and all claims or future claims, actions, causes of actions, demands, obligations, liens, rights, damages, judgments, costs, loss of services, expenses, including but not limited to reasonable attorney’s fee and expenses of litigation, compensation and liabilities of every kind and nature whatsoever arising out of, relating to, or caused in whole or in part by the negligent acts or omissions or willful misconduct of the Consultant, its directors, officer, employees, agents and subcontractors, or anyone directly or indirectly employed or retained by them or anyone for whose acts arise directly or indirectly out of the performance of the Contract, including same arising out of, relating to or caused by any: (a) accident, injury, death, loss, or damage, to any person or property, or other economic loss or claimed liability; (b) violation of any statute, ordinance, administrative order, rule, regulation or order of any governmental body or any order or decree of any court or other tribunal applicable to the operation of the transportation system contemplated herein including, but not limited to, all state and federal laws or regulations related to environmental and motor vehicle, Title VI of the Civil Rights Act, Title VII of the Civil Rights Act, American with Disabilities Act, labor laws and regulations and other laws and regulations arising out of or in any way related to the Consultant’s work under this Contract; and (c) infringement of any patent, trademark, or intellectual property right, or violation of any state or federal patent, trademark, or intellectual property law.


The County shall give the Consultant notice of, and shall forward to it every demand, notice, summons or other process received with respect to any claim or legal proceedings within the purview hereof, but the failure of the County to give such notice shall not affect such right to indemnification unless such failure was a result of the County’s, fraud or willful misconduct and such failure is materially prejudicial to Consultant. The County agrees to reasonably cooperate with the Consultant, at its sole cost, in connection with the defense of any such claim. EXAMINATION AND RETENTION OF RECORDS Consultant shall maintain all books, records, documents, accounting ledgers, data bases, and similar materials relating to work performed for County under this Contract on file for at least three (3) years following the date of final payment to the Consultant by County. All records stored on a computer database must be of a format compatible with the County’s. Any duly authorized representative(s) of County shall have access to such records for the purpose of inspection, audit, and copying at reasonable times, during usual and customary business hours. Consultant shall provide proper facilities to County representative(s) for such access and inspection. Further, any duly authorized representative(s) of the County shall be permitted to observe and inspect any or all of Consultant’s facilities and activities during usual and customary business hours for the purposes of evaluating and judging the nature and extent of Consultant’s compliance with the provision of this Contract. In such instances, County representative(s) shall not interfere with or disrupt such activities. The Consultant shall maintain, and the County and its representatives shall have the right to examine, all books, records, documents, accounting procedures and practices and other evidence sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of the Contract. The materials described above as well as any relevant database and computer tapes or disks containing such information shall be made available at the County office or at the offices of the Contractor at all reasonable times for inspection, audit, and reproduction during the term of the Consultant, and for three years from the final date of settlement or payment under the Contract.

COVENANT AGAINST CONTINGENT FEES

The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the County shall have the right to annul this Contract without liability, or, at its discretion, to deduct from the Contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.


INSURANCE

Prior to beginning work, the Consultant shall obtain and furnish certificates to the County for the following types and minimum amounts of insurance: A. Workmen's Compensation and Employers Liability Insurance - $100,000 Employers'

Liability limit per accident and Worker's Compensation limit in accordance with the laws of the State of Georgia.

B. Commercial General Liability Insurance: in an amount not less Five Hundred

Thousand ($500,000) combined single limit for personal injury, property damage, contractual liability, and broad form property damage.

C. Professional Liability Insurance: with limits of $500,000 per claim and in the

aggregate. D. Automobile Liability: when applicable, in an amount of $250,000 combined single limit

per accident, for bodily injury and property damage, including owner, non-owned, hired, leased or rented vehicles.

E. Valuable Papers Insurance: in an amount sufficient to assure the restoration of any

plans, drawings, field notes, or other similar data related to the Project. All policies of insurance are to be placed with insurers licensed to do business in the State of Georgia, and with a Best’s rating of A: VIII, or otherwise be acceptable to County. The policies shall state or be endorsed to state that should any coverage be suspended, voided, cancelled or reduced in coverage or in limits, thirty (30) days prior written notice delivered by certified mail, return receipt requested, will be given to the Certificate Holder (County). Consultant shall include subcontractors as insureds or require them to procure the same types and level of insurance as required herein. The certificates of insurance shall be further endorsed to state that Cobb County, its officers, officials, employees, and volunteers are to be covered as additional named insureds as respects liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. and insurance certificates shall be provided to County prior to beginning work. County reserves the right to amend or modify the insurance requirements during this Contract. The certificates of insurance shall also state that the insurer shall agree to waive all rights of subrogation against Cobb County, its officers, officials, employees, and volunteers for losses arising from work performed by the Consultant for the County. Consultant shall require any subcontractors to procure the same types and level of insurance as required herein. All such insurance certificates shall be provided to County prior to beginning


work. County reserves the right to amend or modify the insurance requirements during this Contract. SCHEDULE / TIME IS OF THE ESSENCE The Consultant will begin work on this Project upon receipt of written Notice to Proceed from the County. The Consultant will work diligently to complete all work within ___ months of receipt of the written Notice to Proceed. This schedule may be modified from time to time by the County, and also for justifiable reasons as presented to the County in writing by the Consultant, if such modification is subsequently authorized by the County in writing. TIME IS OF THE ESSENCE for the services to be completed hereunder.

LAWS GOVERNING AND VENUE OF ACTIONS This Contract shall be governed by, and construed in accordance with, the laws of the State of Georgia. The courts of Georgia, located in Cobb County, Georgia, shall have exclusive jurisdiction to hear any claim between the Consultant and the County in connection with the Contract, and Consultant submits to the jurisdiction and venue of such courts.

SEVERABILITY OF PROVISIONS

If a part or any provision of this Contract shall be invalid or unenforceable under applicable law, said part shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remainder of such provision or the remaining provisions of the Contract, which shall be interpreted so as to give the greatest effect possible thereto.


DELIVERY OF NOTICES

All written notices, demands, and other papers or documents to be delivered to the County or the Consultant under this Contract shall be delivered personally, by prepaid registered or certified mail return receipt requested, or by overnight receipted delivery service to the following addresses: If to County: Cobb County Parks, Recreation & Cultural Affairs

1792 County Services Parkway Marietta, Georgia, 30008 Attention: Tom Bills

If to Consultant: Any subsequent changes to place or places specified above shall be designated in writing by the Consultant and the County to the other.

CONTRACT DISPUTES

Prior to filing any claim or action related to this Contract, the parties may submit such claim or action to non-binding mediation. The parties shall agree as to the mediator and share equally in the costs of mediation.

MATERIAL CONDITION Each term of this Agreement is material. A breach by Consultant of any one of the terms of this Agreement shall be considered to be a material breach of the entire Agreement and shall be grounds for the termination of the Agreement by County.

TERMINATION

Termination for Convenience: The County may terminate this Contract at any time for any reason upon thirty (30) days prior written notice to the Consultant. The effective date of termination shall be set forth in the notice. As the sole remedy for County’s termination for convenience, the Consultant shall be paid for any validated services performed under this Contract up to the time of termination. The Consultant shall not incur new obligations upon receipt of such notice and shall cancel as many outstanding obligations as possible. All information and material produced or collected by Consultant pursuant to this Contract shall become the sole property of the County.


Termination for Cause: Either party may terminate this Contract by following the procedure set forth below in the DEFAULT section should the other party default in the performance of any of the terms, covenants, obligations, or conditions of this Contract. Statutory Requirements: As required by O.C.G.A. § 36-60-13, the Contract shall terminate absolutely and without further obligation on the part of County at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed, unless earlier terminated as provided in this Contract, or renewed as provided herein. For any renewal, appropriate funding must have been provided by the governing authority of County.

DEFAULT Default shall mean a failure to fulfill in a timely and proper manner a party’s obligations under this Contract, or a violation of any of the material provisions, agreements, representations or covenants of this Contract or any applicable County, State, or Federal laws, which do not fall within the force majeure provisions of this Contract, or the Consultant becoming insolvent or unable to pay its debts as they mature, or making an assignment for the benefit of creditors, or filing a bankruptcy petition under the United States Bankruptcy Code or being the subject of a judgment or order for payment of money no longer subject to appeal or which judgment or order, in the opinion of the County, would be fruitless to appeal, which exceeds $100,000 in amount and (a) such judgment or order shall continue undischarged or unpaid for a period of 30 days and (b) an insurer acceptable to the County has not acknowledged that such judgment or order is fully covered by a relevant policy of insurance or (c) the County is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty days of its issuance. In the event of default under this Contract, the non-defaulting party shall send written notice to the other party setting forth the specific instances of the default and providing the defaulting party with at least ten (10) days to cure or otherwise remedy the default to the reasonable satisfaction of the non-defaulting party. If the default is not remedied during the stated cure period, then the non-defaulting party may, at its election, in writing terminate the Contract in whole or in part, or cure such default itself and charge the defaulting party for the costs of curing the default against any sums due or which become due to the defaulting party under this Contract.

FORCE MAJEURE

Except with respect to any obligation or covenant regarding the payment of any sums due and payable under this Contract, the County and the Consultant shall each be excused for the period of any delay and shall not be deemed in default with respect to the performance of any of the terms, covenants and conditions of this Contract when prevented from doing so by cause or causes beyond their reasonable control, which shall include, all labor disputes, civil commotion, governmental regulations or controls, fire or other casualty, or acts of God.


COMPLETE CONTRACT This Contract as defined herein constitute the complete and exclusive statement of the terms of the Contract between the County and the Consultant and it supersedes all prior representations, understandings and communications. Any changes or alterations to this Contract must be in writing and signed by both parties to be effective.

ASSIGNMENT Neither this Agreement nor any interest herein, or claim hereunder, shall be assigned or transferred by Consultant to any party or parties. Any attempted assignment of this Agreement by Consultant shall be null and void.

AMOUNT OF CONTRACT

It is agreed that the compensation hereinafter specified to perform the services required by the Contract includes both direct and indirect costs chargeable to the project, as further defined in Exhibit A, and shall not exceed the amount shown herein: COBB COUNTY PARKS, RECREATION & CULTURAL AFFAIRS COBB COUNTY, GEORGIA ______________________________________________________________________ The maximum obligation of the County to the Consultant under the terms of this Contract shall be: $_____________ IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year above first written.

(Signatures on following page)


CONSULTANT: _________________________ By: _______________________________ Date: _______________________ Title: _____________________________ (SEAL, IF INCORPORATED) COUNTY: COBB COUNTY, GEORGIA By: ______________________________ Date: _______________________ Tim Lee Title: Chairman, Board of Commissioners (COUNTY SEAL) APPROVED AS TO FORM: COUNTY ATTORNEY’S OFFICE By: ____________________________________ Date: _______________________


CONTRACT EXHIBIT A

CONSULTANT PROPOSAL

TERRELL MILLPARK EXISTING TENNIS CENTER AND APPROXIMATE PARKING LOCATION

PROPOSAL SCHEDULE

Request for Proposals Professional Design and Construction Administration Services

For Cobb County Tennis Centers Sealed Bid #12-5672

The Bidder has carefully examined and fully understands the Contract, Scope of Work, and other Documents hereto attached, and have satisfied itself as to the requirements of the Work, and hereby agrees that if its proposal is accepted, it shall contract with Cobb County according to proposal Documents entitled PROFESSIONAL DESIGN & CONSTRUCTION ADMINISTRATION FOR COBB COUNTY TENNIS CENTERS and Addenda No(s). The undersigned proposes to furnish all services required by them in accord with said documents, for the sum as follows: Dollars ($ ) which sum is hereinafter called “Lump Sum Fee”. Identified below are proposed fees for each phase of work to be provided and equal the lump sum fee stated above.

Schematic /Preliminary Design $ Design Development $ Construction Documents/Bidding $

Construction Administration $ Final Deliverables $

TOTAL $ The Undersigned agrees to commence work within 10 days of the date of Notice issued by Cobb County and to commit adequate staff to substantially complete all Work within the proposed or negotiated schedule. The undersigned acknowledges receipt of the following addenda, listed by number and date appearing on each:

Addendum No. Date Addendum Date

Certification of Non-Collusion in Bid Preparation . (Signature) IN COMPLIANCE WITH THE ATTACHED SPECIFICATIONS, THE UNDERSIGNED OFFERS AND AGREES, IF THIS PROPOSAL IS ACCEPTED BY THE COUNTY COUNCIL WITHIN SIXTY (60) DAYS OF THE DATE OF PROPOSAL OPENING, TO FURNISH ANY OR ALL OF THE SERVICES UPON WHICH THE ABOVE FEES ARE STATED. COMPANY

COMPLETE PHYSICAL ADDRESS

REPRESENTATIVE DATE

EMAIL ADDRESS:

TELEPHONE NUMBER FAX NUMBER

PRINT AUTHORIZED REPRESENTATIVE’S NAME

IF REMITTANCE ADDRESS IS DIFFERENT, INDICATE HERE