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

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1 COBB COUNTY PURCHASING DEPARTMENT 100 Cherokee Street, Suite 260 Marietta, Georgia (770) /FAX (770) 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 100 Cherokee Street, Suite 260 MARIETTA, GA All bids shall be submitted on the Bid Proposal Form. 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 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 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. Thank you in advance for your cooperation.

2 Advertisement for Request for Qualifications Cobb County will receive Sealed Proposals before 12:00 noon, April 14, 2016 in the Cobb County Purchasing Department 100 Cherokee Street, Suite 260 Marietta, Georgia No bids will be accepted after the 12:00 noon deadline Sealed Proposal # Request for Qualifications Professional Design and Construction Administration Services for Cobb County Parks, Recreation, and Cultural Affairs Administration Complex Cobb County Parks, Recreation, and Cultural Affairs Department Proposals are opened at 2:00 p.m. in the Cobb County Board of Commissioners Room, 2 nd Floor, 100 Cherokee Street, Marietta, Georgia 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: Advertise: March 18, 25, 2016 April 1, 8, 2016

3 SUBMIT BID/PROPOSAL TO: Cobb County Purchasing Department 100 Cherokee Street, Suite 260 Marietta, GA BID/PROJECT NUMBER: Request for Qualifications Professional Design and Construction Administration Services for Cobb County Parks, Recreation, and Cultural Affairs Administration Complex Cobb County Parks, Recreation, and Cultural Affairs Department DELIVERY DEADLINE: April 14, 2016 BEFORE 12:00 (NOON) EST (NO BIDS/PROPOSALS WILL BE ACCEPTED AFTER THIS DEADLINE). Bid Opening Date: April 14, 2:00 P.M. in the Cobb County Board of Commissioner Meeting Room, 2 nd Floor, Marietta, Georgia, BUSINESS NAME AND ADDRESS INFORMATION: BID SUBMITTAL FORM 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 (UNLESS OTHERWISE SPECIFIED IN BID SPECIFICATIONS) 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 ; is a firm offer, as defined by section O.C.G.A. (s) of the code of Georgia (Georgia laws 1962 pages ), 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. NOTICE TO BIDDERS BID QUOTES MUST INCLUDE INSIDE DELIVERY CHARGES

4 SEALED BID LABEL SEALED BID ENCLOSED DELIVER TO: Cobb County Purchasing 100 Cherokee Street, Suite 260 Marietta, GA SEALED BID # DATE: April 14, 2016 BIDS MUST BE RECEIVED BEFORE 12:00 NOON DESCRIPTION: Request for Qualifications Professional Design and Construction Administration Services for Cobb County Parks, Recreation and Cultural Affairs Administration Complex VENDOR: PLEASE ATTACH LABEL TO OUTSIDE OF BID PACKAGE

5 "STATEMENT OF NO BID COBB COUNTY PURCHASING DEPARTMENT 100 Cherokee Street, Suite 260 MARIETTA, GA 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 Request for Qualifications Professional Design and Construction Administration Services for Cobb County Parks, Recreation, and Cultural Affairs Administration Complex 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, 100 Cherokee Street, Suite 260, Marietta, GA Fax # 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:

6 REQUEST FOR QUALIFICATIONS SEALED BID # Professional Design and Construction Administration Services for Cobb County Parks, Recreation, and Cultural Affairs Department Administration Complex BID OPENING DATE: April 14, 2016 Proposals Are Received In the Cobb County Purchasing Department 100 Cherokee Street, Suite 260 Marietta, Georgia Before 12:00 (Noon) By The Bid Opening Date Proposals Will Be Opened In the Cobb County Board Of Commissioner Meeting Room at 2:00pm 2 nd Floor, 100 Cherokee Street Marietta, GA VENDORS ARE REQUIRED TO SUBMIT THE ORIGINAL AND 6 COPIES OF BID (UNLESS OTHERWISE SPECIFIED IN BID SPECIFICATIONS) 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.

7 Request for Qualifications Professional Design and Construction Administration Services for Cobb County Parks, Recreation, and Cultural Affairs Administration Complex Cobb County Parks, Recreation, and Cultural Affairs Department Sealed Proposal # REQUEST FOR QUALIFICATIONS Cobb County Government seeks Request for Qualifications (RFQ) from qualified firms for Professional Services for the Programming, Design, Cost Estimating, Bidding Assistance and Construction Administration Services for demolition of two buildings and construction of a new administration complex, located at 1792 County Services Parkway, Marietta, GA The professional services to be performed include, but are not limited to: preparation of complete construction documents, all applicable permitting, cost estimating, bidding assistance and construction administration. Statements of Qualifications, as required by the County s RFQ package, shall be sealed and mailed or delivered to the Cobb County Purchasing Department located at 100 Cherokee Street, Suite 260, Marietta, Georgia before noon on April 14, Late submittals will not be accepted. Please submit an original and six (6) copies to: Cobb County Purchasing Department 100 Cherokee Street, Suite 260 Marietta, Georgia A pre-bid meeting shall be conducted at 1772 County Services Parkway, Marietta, Ga , 2 nd Floor Meeting Room at 1:00 p.m. on Tuesday, March 29, Attendance at the pre-bid conference is highly encouraged, but not mandatory. Submit questions in writing to: Cobb County Purchasing Department 100 Cherokee Street, Suite 260 Marietta, GA Fax: purchasing@cobbcounty.org

8 BACKGROUND In March of 2011 and November of 2014, the residents of Cobb County voted to implement a Special Purpose Local Option Sales Tax (SPLOST). The 2011 and 2016 SPLOST Programs include funding that is intended, in part, to address the immediate needs of Parks, Recreation and Cultural Affairs (PRCA). The collection of the 2011 SPLOST began on January 1, 2012 and continued through December 31, The collection of the 2016 SPLOST began on January 1, 2016 and will continue through December 31, The PRCA Administration complex was identified as a project in both programs and will be funded by both the 2011 and 2016 SPLOST programs. OVERVIEW OF PROJECT The existing PRCA Complex is located at 1792 County Services Parkway, Marietta, Georgia, See the graphic at the end of this document for additional information. The portion of the complex in this project currently consists of three buildings defined as the Administration Building, the Operations & Maintenance Building and the Inventory Control Building. The Operations and Maintenance Building has a small engine and equipment repair shop located at one end that was constructed separately from the Operations and Maintenance building. Provided the budget allows, all three buildings will be demolished with the exception of the existing small engine repair shop. It is the desire for the shop to be expanded and incorporated into the new building or remain a stand-alone building. Various improvements for the shop, including a vehicle lift, are included. SCOPE OF THE WORK 1. BASIC INFORMATION AND REQUIREMENTS The designer shall prepare complete construction plans and specifications for the new PRCA Administration Complex. The new building(s) shall incorporate all administrative functions, operations and maintenance functions, the inventory control function and the shop. The shop will be expanded and may be incorporated into the new building or remain in place where it currently exists as a stand-alone building, depending on the final approved programming. The design shall include the building(s), utilities as required to serve the buildings and site design based on this RFQ, permitting requirements, and input and direction from PARKS staff and Program Management. The designer shall determine all applicable building codes and permit requirements. All permit approvals required for construction of the project must be obtained by the consultant. The consultant is responsible for payment of permit review fees associated with the permitting, but the actual building permits will be obtained and paid for by the CM-at-Risk (see below) utilizing permit approval documents provided by the consultant. All designs and permitting must be completed prior to starting construction. The County anticipates utilizing the Construction Manager at Risk (CM-at-Risk) delivery method for the development of the building(s). An RFQ for the CM-at-Risk will be issued through the Cobb County Purchasing Department and it is the intent for the CM-at-Risk to be under contract

9 early in the design process. The Consultant s experience working with the CM-at-Risk delivery method is required and should be included in the response to this RFQ. The total cost of all improvements may not exceed the established construction budget for the Project (see PROJECT BUDGET below). The designer will assess the existing facilities, the site and the Owner s intent for the buildings and provide recommendations as the features that may be accomplished within the available construction budget. 2. BUILDINGS DESIGN The desired building related design includes, but is not limited to the following: The designs shall include all architectural, structural, mechanical, plumbing, communications and electrical design and engineering for a complete facility. All drawings and specifications shall bear the Georgia stamp of the appropriate design professional for each discipline. Size recommendations for the building or buildings shall be made by the designer based on input from PARKS staff, current and future projections of park staff and the available budget for the project. The scope specifically includes, but is not limited to the following: Programming based on current and future staffing of PARKS Development of the floor plans for review and approval by PARKS, including furniture layouts, offices, cubicles, common areas, MEP rooms as required, conference rooms, restrooms, corridors, etc. A graphic showing the anticipated staffing is attached for information concerning staffing levels. This graphic is preliminary and is provided for staffing information only and is not an indication of the final arrangement or size of the floor plan. Refinement of the facility based on input from PARKS staff. Recommendations of design and structure type that provides the most cost effective approach to construction of the buildings. Preparation of a project manual including technical specifications that facilitates a cost effective approach to the building. Preparation of color boards, furniture specifications, renderings, etc. for selection of finish materials by the County. Prepare and obtain approval of the schedule of special inspections required by the International Building Code (current edition). The approved schedule of special inspections shall be placed on the plans and utilized by the County in selecting a special inspections agency and the special inspections agency and CM-at-Risk in implementing the special inspections process. Review of special inspections for compliance with contract requirements and certification of the special inspections following construction as required by Cobb Community Development. Fire alarm system if required by code Fire suppression system if required by code

10 Working closely with the CM-at-Risk to provide recommendations for value engineering suggestions and alternate pricing options in order to ensure the project is constructed using conventional cost effective construction practices within the specified budget. See the COST ESTIMATING AND PROJECT PRIORITIZATION and EVALUATION CRITERIA sections below for additional information. Working with Cobb County Information Services to provide design and specifications for phone, data and security services. Consideration for inclusion of LEED elements that incorporate sustainable environmental practices and energy conservation is required, although LEED certification is NOT required. Related experience should be included in the staff and firm experience section of the response to the RFQ. Directed communication between all design disciplines, i.e., quality control and coordination between each design discipline is required prior to each design submittal. Any items not listed above that are required to obtain the applicable permits, properly convey the design and construct the facility. 3. SITE DESIGN Anticipated site design includes, but is not limited to: Ground run topographic survey that also includes location of all existing physical features required for the site design, permitting and construction associated with the project, including, but not limited to: existing building foot prints; storm drainage structures, piping and inverts; manholes and sewer lines with inverts and direction of flow; electrical service; water lines; gas lines, any other utilities; retaining walls; limits of paving and structures. All existing utilities that may have any design impact shall be field located by whatever means necessary and included on the site survey. The consultant shall assess the extent of existing utilities, both public and private, and determine the most feasible method for providing utilities to the buildings. The designer shall contact each utility provider to determine if existing utilities are adequate for the new facilities and if utilities require relocation or new service fees. Any proposed utility owner fees shall be identified and provided to the Owner. Design of all utilities that serve the buildings. Any site design and all details required to support the building designs. Preparation of a demolition plan for the existing structures and appurtenances to be demolished. Layout and staking plan for the new buildings and improvements including parking. Parking lot design The design of any and all required grading, storm drainage, water quality and storm water detention if required. 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. Preparation of the NOI seven day inspection of erosion BMP s, and preparation of the NOT required by the NPDES Permit.

11 Landscape plantings around the facility as requested by PARKS staff and if required to meet permitting requirements. Fire main and hydrants as needed to comply with applicable regulations. Tie in of the buildings sanitary waste systems to the existing sewer or septic system on site, if feasible. If the existing systems cannot be located or are not adequate, new septic or sewer system design will be required. Preparation of scope and request for geotechnical testing as required to confirm existing subsurface conditions and identify all information required for the proper design and permitting of the buildings and site. This task must be taken seriously. The intent is to provide information required and utilize the information obtained for preparation of the plans, especially as the existing conditions relate to presence of rock and required bearing capacity. Work closely with the CM-at-Risk to provide recommendations for value engineering suggestions and alternate pricing options in order to ensure the project is constructed within the specified budget. See the COST ESTIMATING AND PROJECT PRIORITIZATION and EVALUATION CRITERIA sections below for additional information. Any design related activities required to comply with this RFQ and support the designs required above. 4. COST ESTIMATING AND PROJECT PRIORITIZATION The improvements defined in this RFQ represent PARKS desired improvements for the complex. Ultimately, the improvements must be made within the established construction budget. The Consultant, in conjunction with the CM-at-Risk shall provide cost estimates at the intervals defined in the DESIGN PROCESS section below and these costs estimates will be utilized by PARKS to make decisions about work to be included, omitted or bid as alternates. The Consultant shall provide assistance in prioritizing the various aspects and options of the work considering the budgetary constraints. The consultant shall work closely with the CM-at-Risk and PARKS to keep PARKS informed on the projected costs of the project. The consultant shall guide the development of the design to ensure the project will be awarded within the available budget. The Consultant shall provide cost benefit analysis or return on investment analysis for various elements of the design as needed to make decisions related to budget options. Examples where cost benefit analysis or return on investment analysis may be helpful include, but are not limited to: LED lighting vs. conventional lighting; gas vs. electric heat and hot water; and upgrades to more energy efficient HVAC systems and equipment. These are examples only. Other analysis may be required. The County reserves the right to revise the available construction budget, at the County s discretion, as deemed appropriate and in the County s best interest. However, the Consultant shall not assume the budget will be increased due to poor project cost estimating or providing designs and alternatives beyond the project budget.

12 5. BIDDING ASSISTANCE The Consultant shall assist the County with the bidding process by providing the following services as requested: Compilation of final bid documents and project manual including specifications for the use of the CM-at-Risk in obtaining subcontractor bids. Distribution of bid documents to Owner and CM-at-Risk Provision for deliverables defined below Written response to questions from bidders and the County Preparation of addenda for review and approval by the County Review of CM-at-Risk subcontractor bids for compliance with requirements, confirm CM-at-Risk recommendations for award of subcontracts 6. CONSTRUCTION ADMINISTRATION The Consultant shall be an integral part of the construction with the County Staff, Program Manager and the CM-at-Risk ensuring the designs are implemented properly, arranged in logical sequence and in accord with local practices. Refer to the CONSTRUCTION ADMINISTRATION section below for specific information concerning construction administration. DESIGN PROCESS The process described below is County s standard for the design process. If the proposer feels that they can enhance, accelerate or improve this process, the proposed methods to accomplish this should be covered in the approach section of the response to this RFQ. 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 bidding and 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. Tasks to be accomplished include, but are not limited to: (1) Review and discuss the Program. (2) Accept input from the staff. (3) Review current and projected staffing levels and begin discussing possible site and floor plan arrangements. (3) Review and discuss the Budget. (4) Discuss and resolve issues and questions. (5) Discuss utility needs and conditions. (6 Review the required permits and the process for securing additional permits. (7) Confirm initial Schedule. (8) Any other tasks that the Consultant feels will be beneficial to the process.

13 The design process shall include the following phases: Schematic/Preliminary Programming; Preliminary Design; Design Development; Construction Documents; Bidding Assistance and Construction Administration. The design process also includes cost estimating and project prioritization assistance. Consultant shall not proceed with a subsequent phase until receiving written notice from the County. Programming/Schematic Design: Following the kick off meeting, the consultant shall prepare schematic level site layout and floor plan 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. This schematic information shall consider the available construction budget for the project. Upon review of these options, the consultant shall attend a meeting to review options with PARKS staff, incorporate comments from the staff and prepare a final schematic for approval by the County. The designer shall prepare floor plan options based on staffing functions as well as current and projected future staffing needs. Upon approval, the consultant shall proceed to the preliminary design phase. The designer shall be experienced and creative in determining the most efficient work flow environment based on the needs and desires of the end user. 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 needed to comply with this RFQ. 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. (2) Preliminary design layout resolving all the open issues and recommendations from the Kick-off Meeting and schematic design. (3) Updated 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, clearing/grading 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 presentation to the County to accomplish the following:

14 (1) Review preliminary designs for comments and additional input. (2) Review cost estimate, scope and budget to determine preliminary value engineering recommendations. (3) Review utility requirements and costs. (4) Evaluate demolition, grading and clearing limits and costs. (5) Resolve any outstanding issues raised by the Consultant and the County. (6) Review preliminary details of options and cost projections for unique items. (7) Discuss and present any other plans or information necessary to communicate the Consultant s design. (8) Prepare and distribute meeting minutes following the presentation/meeting. Design Development: Upon approval and acceptance of the preliminary design and budget, the Consultant shall prepare the following minimum deliverables for each of the four fields, the building and common area connectivity: (1) Revised Site layout plan. (2) Typical Site construction details. (3) Grading and Drainage layout. (4) Site clearing and demolition limits layout. (5) Utility routing plan. (6) Site lighting details and layout, if any. (7) Proposed erosion control measures. (8) Materials list, samples and descriptions including unique items. (9) Preliminary planting plan, if any. (10) Outline of Specifications required. (11) Updated itemized cost estimate using appropriate contingency. Estimate shall be compared with the project budget to identify all deficiencies or deviations from the original budget. (12) Special plans and details for all unique elements, if any. (13) Updated Issues List. (14) Updated Schedule. (15) All other plans and details necessary to convey consultant s design intent. (16) Permitting issues. (17) Prepare and distribute meeting minutes following the presentation/meeting. (18) Any other tasks that the Consultant feels will be beneficial to the process. Note: 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. At approximately 95% completion, Consultant shall submit documents for review and comment. The documents generated must be of sufficient detail to allow the CM-at-Risk to develop a final cost estimate for the project. These documents shall include, but are not limited to: (1) Demolition, grading and drainage plan.

15 (2) Planting layout plan and material list. (4) Final utility routing plan. (5) Lighting layout plan. (6) Final Civil/Site plans, elevations and details for review and approval. (7) Building plans including sections/elevations and details as needed to illustrate the requirements of construction for all special and major elements. (8) Complete technical specifications. (9) Color graphic of the master development plan (24 x 36 ) and a jpeg graphic. Following review and comment of the 95% 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. The plans shall be submitted for final permitting concurrently. Initial permitting meetings and approvals should be accomplished previously. The County shall review the Plans for compliance with all the previous decisions, and directions given during the Design Phases. However, it is the Consultant s responsibility to ensure previous comments are incorporated and the design is basically a complete set of coordinated documents suitable for permitting, bidding and construction. The consultant shall be responsible for obtaining all review department approvals needed for obtaining development and building permits before construction begins. The Consultant is not responsible for paying for any permits or impact fees, but the Consultant is responsible for paying permit review fees. Upon award of the contract, final approved documents will be turned over to the CM-at-Risk to pull the building permit. Cobb Community Development will only issue the building permit to a licensed general contractor. Bidding Process: The Consultant shall assist the County with the bidding process by providing the following services, as requested. Compilation of final bid documents and project manual including specifications for the use of the CM-at-Risk in obtaining subcontractor bids. Distribution of bid documents to Owner and CM-at-Risk Provision for deliverables defined below Written response to questions from bidders and the County Preparation of addenda for review and approval by the County Review of CM-at-Risk subcontractor bids for compliance with requirements; confirm CM-at-Risk recommendations for award of subcontracts. CONSTRUCTION ADMINISTRATION The Consultant shall be an integral part of the construction with the County Staff, Program Manager and the Contractor working on the County s behalf to ensure the designs are implemented properly, arranged in logical sequence and in accord with local practices. The intention of this section is for the appropriate design personnel to visit the site during construction to ensure the project is being constructed in accordance with the plans and specifications. It is up to the consultant to determine the specific design personnel that should visit the site, depending upon the work being performed on site. This is in addition

16 to other site visits required such as the initial inspection of erosion control BMP s, punch list preparation, final inspection and warranty inspection. The project manager for the design consultant shall attend all monthly meetings. Anticipated construction administration services include, but are not limited to, the following: (1) Provide deliverables of conformed documents stated below to Program or Project Manager. (2) Attend Pre-construction meeting(s). (3) Provide permit documents to CM-at-Risk and/or County. (4) On-site construction meetings of appropriate design personnel at critical points during construction to assure compliance with plans and specifications. The consultant s project manager shall attend all monthly meetings. (5) 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. (6) Clarification of Requests for Information from the CM-at-Risk. (7) Assist Program and Project Manager in working with the CM-at-Risk to make recommendations to resolve conflicts and problems that may arise during the course of the project. (8) Review shop drawings and other submittals. (9) Respond to contractor request for change orders, and assist in evaluation of need and cost. Make recommendations to the County for acceptance, rejection or modification of the change order. (10) Provide revised plans to compensate for construction issues that arise due to an insufficiency of information on the construction documents or unforeseen conditions. (11) Review and approve Contractor s applications for payment. (12) Punch list inspection and preparation. (13) Final Inspection and approval of complete work. (14) After the first year of occupancy, a warranty inspection of all disciplines with the County and the Contractor. Cobb County PARKS requires a package of deliverables above and beyond the deliverables required by most 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 PARKS 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. Provide a.pdf of the plan sets as well. Provide plans to the CM-at-Risk as well.

17 Design Development - presentation to PARKS 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. Provide a.pdf set of the plans and specs and plans and specs to the CM-at-Risk. Construction Documents - presentation to County staff, two (2) complete set of 95% 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 95% documents, Consultant shall present final permitted construction documents, including two (2) full size and one (1) half size set 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 CM-at-Risk and all specifications in.pdf and word format. Consultant shall also provide a color graphic of the master development plan (24 x 36 ) and a jpeg graphic. 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 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 shall be prepared based on changes made by the consultant during construction and red lined drawings made by the contractor during construction. All plans and specifications shall be presented in.pdf format as well as hard copies, whether specifically noted above or not. PROJECT BUDGET The County has established an available construction budget of approximately $4,100,00.00 for this project. This budget includes all costs associated with the construction of the project except the following: design fees, soils and materials testing, special inspections and program management. Any other costs, including FF&E costs, associated with the project shall be funded from the $4,100, Cost estimates developed by the consultant and CM-at-Risk during the design shall be used to establish the base bid plus alternates, if any as well as value engineering suggestions. See Section 4. COST ESTIMATING AND PROJECT PRIORITIZATION under the SCOPE OF WORK section above for additional information. The design consultant shall work with the County staff, the Program Manager and the CM-at-Risk as a team to provide optimum improvements to the facilities allowed by the available budget. The consultant

18 shall guide the development of the design to ensure the project will be constructed within the available construction budget. The County reserves the right to revise the budget, at the County s discretion, as deemed appropriate and in the County s best interest. However, the Consultant shall not assume the budget will be increased due to poor project cost estimating or providing designs and alternatives beyond the project budget. PROJECT DESIGN SCHEDULE The maximum project design duration has been established as a maximum of eight (8) months. The response to this RFQ shall include a discussion of the firm s approach to maintaining or improving upon the established duration. Improvement upon the eight months is highly desirable, if feasible. SUBMITTAL REQUIREMENTS AND EVALUATION CRITERIA The County hereby requests Statements of Qualifications from professional firms to complete and undertake the above referenced services. The information provided will be evaluated based on the criteria below. Part I. Statement of Qualifications See below and refer to Section XXIX Proposal Evaluation in the Cobb County General Instructions for Proposers, Terms and Conditions for additional information. 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. Consultant (or a specialty subconsultant on the consultant s team) to show experience in the design and construction administration of similar facilities utilizing a CM-at-Risk delivery method. Qualifications and experience of individuals proposed for the work shall be included. Provide the following information for the proposed staff: a. Representative Projects. Provide representative examples of 3 similar projects plus the names and references for those. Provide current 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 including experience working with the CM-at-Risk delivery method. d. Describe past experience in managing designs within specified budgets. e. Describe past experience in bidding assistance and construction administration. f. 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 of the firm and subconsultant s on Cobb County projects or other projects of similar nature and complexity as the proposed project. b. Review of the Consultant s past performance and experiences with the development of similar facilities, including working with the CM-at-Risk delivery method.

19 c. Evaluation of client references whether included in the proposal or not. Provide the name, address, telephone number and current address for all references. d. 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). e. 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 RFQ. 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 RFQ. Note, duplication of the RFQ or portions of the RFQ is not considered an adequate approach. If you feel that your firm has a better or enhanced approach than that the outline above, this should be discussed in this section. c. Discuss how you envision the role of the CM-at-Risk and your methods of working as a partner with the CM-at-Risk and Owner to obtain the desired end result within the established budget and schedule. d. The duration of the design provided above is the maximum amount of time allowed for the design and permitting of the project. Provide your proposed project schedule with a discussion of your approach to managing the schedule. If you feel that your firm has the capability to produce the design faster, include your methodology for accomplishing that in your approach. e. Provide your approach to managing the projected costs and the defined budget for the project. 4) Availability and Local Vendor Presence 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 Refer to sections XXVII and XXIX of the Cobb County General Instructions for Proposers, Terms and Conditions below for submittal requirements. 5) Cost Evaluation Not Required. 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. The qualifications shall be evaluated to select the consultant(s) that rate the highest according to the evaluation criteria. The responses to the RFQ will be ranked in order by a review committee using the evaluation process based on qualitative and other criteria set forth in the RFQ, but not including price.

20 The final ranked order group is generally limited to the three (3) proposers that are determined to be the most qualified. This process requires approval by the Board of Commissioners of the final ranking of proposers for professional services when the cost of the professional services is estimated to exceed $100, Negotiations are then held with the proposer that has been determined to be the most qualified to provide the professional services. The objective of the negotiations is to agree on a compensation level which is fair, competitive, and reasonable taking into consideration the scope and complexity of the services (scope of services may also be negotiated). If negotiations are successful, the department will seek approval from the Board of Commissioners for the award of the contract. If negotiations are unsuccessful with the firm considered to be most qualified, then negotiations are terminated with that proposer. Negotiations may then be held with the second highest ranked proposer. If negotiations are unsuccessful with all of the proposers in the top ranked group, then the Competitive Negotiations effort is terminated and a new procurement process may be initiated for the services. 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 Qualifications as it desires.

21 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 Qualifications (RFQ) issued by Cobb County are advertised on the Cobb County Internet site ( 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 April 5, 2016 in order for a reply to reach all proposers before the close of the bid. Any information concerning an RFQ will be furnished to all prospective proposers as an 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 100 Cherokee Street, Suite 260 Marietta, GA Fax: purchasing@cobbcounty.org 21

22 The written proposal documents supersede any verbal or written communication between parties. Addenda are posted on the Purchasing web site: 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 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. 22

23 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. Bid, Payment & Performance Bonds (Not Required) A five percent (5%) bid bond, a one hundred percent (100%) performance bond, and a one hundred percent (100%) payment bond shall be furnished to Cobb County for any proposal as required in proposal documents. Failure to submit appropriate bonding will result in automatic rejection of proposal. Bonding company must be authorized to do business in Georgia by the Georgia Insurance Commission, listed in the Department of Treasury s publication of companies holding certificates of authority as acceptable surety on Federal bonds and as acceptable reinsuring companies, and have an A.M. Best rating as stated in the insurance requirements of the solicitation. The bonds shall be increased as the contract amount is increased. IX. Insurance A. Requirement: Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance protecting against claims for injuries to persons or damages to property which may arise from or in connection with performance of the Work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. B. Minimum Limits of Insurance: Contractor shall maintain insurance policies with coverage and limits no less than: i. Commercial General Liability: $1,000,000 combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage for premises/operations, products/completed operations, independent contractors and contractual liability (specifically covering the indemnity), broadfrom property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on an occurrence basis ( claims made coverage is not acceptable). 23

24 ii. Commercial Automobile Liability (owned, non-owned and hired): $1,000,000 combined single limit per occurrence and for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. iii. iv. Workers' Compensation and Employers Liability: Workers Compensation limits as required by the State of Georgia and Employers Liability of $1,000,000 per occurrence or disease. Professional Liability (Errors and Omissions) Coverage: $1,000,000 combined single limit per occurrence is required, in the event a contractor is performing design, engineering or other professional services. v. Commercial Umbrella or Excess Liability Coverage: $2,000,000 in liability excess coverage per occurrence above the contracts stated minimum coverage limits for Commercial General Liability, Commercial Automobile Liability, and the Workers' Compensation and Employers Liability policies of insurance. This may be satisfied by having the underlying liability limits that equal or exceed the combined amount of the underlying liability limits and umbrella coverage. vi. Builder's "All Risk" Insurance: In the event Contractor is performing construction services under the Contract, Contractor shall procure and maintain All-Risk Builder s insurance, written on a commercially recognized policy form, providing coverage for the Work performed under the contract, and the materials, equipment or other items incorporated therein, while the same are located at the construction site, stored off-site, or at the place of manufacture. The policy limit shall be in a minimum amount equal to the "full insurable value" of such equipment and 100% of the value of the Contract, including any additional costs which are normally insured under such policy. The insurance coverage shall include boiler and machinery insurance on a comprehensive basis and include coverage against damage or loss caused by earth movement (including but not limited to earthquake, landslide, subsidence and volcanic eruption), fire, flood, hurricanes, explosion, hail, lighting, weather, vandalism, malicious mischief, wind, collapse, riot, aircraft, smoke, or other cataclysmic events, and coverage against damage or loss caused by machinery accidents and operational and performance testing, commissioning and start-up, with extended coverage, and providing coverage for transit, with sub-limits sufficient to insure the full replacement value of the property or equipment removed from its site and while located away from its site until the date of final acceptance of the Work. The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractors or insurance carriers providing the coverage described herein for responsibility for loss or direct physical loss, damage or destruction occurring prior to final acceptance of the Work. C. Deductibles and Self-Insured Retention Any deductibles or self-insurance retentions must be declared to and 24

25 approved by Owner so that Owner may ensure the financial solvency of the Contractor. At the option of Owner, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects Owner, its officers, officials, and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Contractor shall pay all deductibles and be liable for all claims, losses and damages for which it self-insures. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: i. General Liability, Automobile Liability, and Umbrella/Excess Insurance (a) (b) (c) (d) (e) Additional Insured Requirement. Cobb County, its elected and appointed officials, officers, boards, commissions, officers, employees, representatives, servants, volunteers and agents (hereinafter referred to as Insured Party or Insured Parties ) are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, leased, or used by the Contractor; and automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to the any Insured Party for claims asserted against such Insured Party for its sole negligence. Primary Insurance Requirement. The Contractor's insurance coverage shall be primary and noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or selfinsurance maintained by the Insured Parties shall be in excess of the Contractor's insurance and shall not contribute with it. Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. Separate Coverage. Coverage shall state that the Contractor's insurance shall apply separately to each Insured Party against whom claim is made or suit is brought. Defense Costs/Cross Liability. Coverage shall be provided on a pay on behalf basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. E. Workers' Compensation and Employers Liability Coverage The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance protecting against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. The insurer shall agree 25

26 to waive all rights of subrogation against Owner, and its officers, officials, employees and volunteers for losses arising from the work performed by the Contractor for Owner. F. Waiver of Subrogation The insurers shall agree under each policy of insurance required by this Contract to waive all rights of subrogation against the Insured Parties for losses arising from work performed by the Contractor for Owner. G. All Coverages i. Notice Requirement. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Owner, in care of the Cobb County [insert department name and address]. Owner reserves the right to accept alternate notice terms and provisions provided they meet the minimum requirements under Georgia law. (ii) Acceptability. The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurers with a Best's Policyholder s Rating of A or better and with a financial rating of Class VII or greater, or be otherwise acceptable to Cobb County. All policies shall be subject to approval by Cobb County Attorney s Office as to form and content. (iii) Failure of Insurers. The Contractor shall be responsible for any delay resulting from the failure of any insurer to furnish proof of coverage in the prescribed form H. Verification of Coverage Contractor shall furnish Owner with certificates of insurance and endorsements to the policies evidencing all coverages required by this Contract. Additionally, the declarations page for each insurance policy listed on the certificate of insurance shall be submitted to Owner. The 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 shall be received and approved by Owner before any work commences. Owner reserves the right to require complete, certified copies of all required insurance policies at any time. The contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage I. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for 26

27 X. Award subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. 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. XI. County Furnished Property The County will furnish no material, labor or facilities unless so provided in the RFQ. XII. Rejection of Proposals Failure to observe any of the instructions or conditions in this request for proposal may constitute grounds for rejection of proposal. XIII. 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. 27

28 XIV. 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. XV. Non-Collusion By submission of a proposal, the proposer certifies, under penalty of perjury, that to the best of its knowledge and belief: (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. XVI. 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 RFQ, and 2. That no employee of the County, nor any member thereof, not any public agency or official affected by this RFQ, 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 RFQ. 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 28

29 responding firm or sub-consultant(s) to solicit or secure a contract agreement with Cobb County, as related to this RFQ, 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. XVII. 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, 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. XVIII. 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. XIX. 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. XX. 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. 29

30 XXI. 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 six (6) 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 RFQ. 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 successful respondent shall be performed in compliance with the Americans With Disabilities Act. XXII. 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 RFQ 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 RFQ. XXIII. 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 to: Cobb County Purchasing 100 Cherokee Street, Suite 260 Marietta, Georgia Fax: (770) purchasing@cobbcounty.org 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. XXIV. 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. 30

31 XXV. 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 RFQ or for travel and other costs related to this RFQ. XXVI. 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 RFQ, it is recommended that each proposal be written in a concise and forthright manner and that unnecessary marketing statement and materials be avoided. XXVII. 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 subconsultant(s), as approved by the County, under workers compensation acts, disability benefit acts, other employee benefit acts, or any statutory bar or insurance. XXVIII. 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. 31

32 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. 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. XXIX. 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 prearranged. 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. The evaluation by any Selection Committee will be based on the criteria listed below. 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 Experience/Performance Review of past performance on Cobb County projects or other projects of similar nature and complexity as the proposed project; evaluation of client references whether included in the proposal response or not; evaluation of 32

33 litigation history for the past five (5) years, including for each case: style of the case, parties to the litigation, court in which litigation was filed, and civil action number; nature of claims; whether the case is pending or resolved, and, if resolved, the date of and manner in which it was resolved (e.g., relief granted by court, settlement by or among parties, dispositive motion, trial verdict); Approach Evaluation of the overall understanding of the scope of the proposed project; completeness, adequacy and responsiveness to the required information of the RFPs or RFQs Availability and Local Vendor Presence a. Availability Evaluation of the work load of the proposing firm and the staffing to be assigned to the proposed project; time schedule 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 (Up to five points based on 4.b.i and up to seven points based on 4.b.ii) b. Local Vendor Presence i. Five (5) qualitative evaluation criteria points will be given to each local vendor that meets the approved qualifications where the estimated cost of professional services is expected to be between $50,000 and $100,000. ii. Three (3) qualitative evaluation criteria points will be given to each local vendor that meets the approved qualifications where the estimated cost of professional services is expected to exceed $100,000. Cost Evaluation of the overall cost of the required services as submitted in the RFP, where applicable. NA Financial Stability Financial Stability of the top proposer(s) will be evaluated by the Finance Department in the following areas: 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 5 points may be awarded. Proposers who receive a score of 2 points or less will not be considered for award. 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. XXX. 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 33

34 calendar year for which it may be renewed as provided in O.C.G.A. Section 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. 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. XXXI. 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. XXXII. 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. XXXIII. 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. XXXIV. 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. 34

35 XXXV. Compliance with Georgia Security and Immigration Compliance Act CONTRACTOR AFFIDAVIT & AGREEMENT (EXHIBIT A) This affidavit must be signed, notarized and submitted with any proposal requiring the performance of physical services. If the affidavit is not submitted with the proposal, proposal will be determined non-responsive and will be disqualified. By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A , stating affirmatively that the individual, firm or corporation which is contracting with Cobb County, Georgia, has registered with, is authorized to use, and is participating in a federal work authorization program (an electronic verification of work authorization program operated by the U.S. Department of Homeland Security or any equivalent federal work authorization program operated by the U.S. Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA)). The undersigned contractor further attests that it will continue to use the federal Employment Eligibility Verification (EEV) work authorization program throughout the contract period. The undersigned further agrees that should it employ or contract with any subcontractor(s) or should its subcontractor(s) employ other subcontractor(s) for the physical performance of services pursuant to the contract with Cobb County, Georgia, the contractor or subcontractor will: (1) Notify the County within five business days of entering into a contract or agreement for hire with any subcontractor(s); (2) Secure from any subcontractor(s) and/or their subcontractor(s) verification of compliance with O.C.G.A on the attached Subcontractor Affidavit & Agreement (EXHIBIT A-1) prior to the commencement of any work under the contract/agreement; (3) Secure from any subcontractor(s) and/or their subcontractor(s) a completed Immigration Compliance Certification (EXHIBIT A-2) prior to the commencement of any work under the contract/agreement; (4) Provide the subcontractor(s) with legal notice that Cobb County, Georgia, reserves the right to dismiss, or require the dismissal of, any contractor or subcontractor for failing to provide the affidavit and/or for failure to comply with the requirements referenced in the affidavit; (5) Maintain records of such compliance and provide a copy of each such verification to Cobb County, Georgia, at the time the subcontractor(s) is retained to perform such services or upon any request from Cobb County, Georgia; and (6) Maintain such records for a period of five (5) years. EEV (E-Verify) Program User ID Number EEV Program Date of Authorization BY: Authorized Officer or Agent Contractor Business Name [Contractor Name] Printed Name Date SWORN AND SUBSCRIBED BEFORE ME ON THIS THE DAY OF, 201 Notary Public Commission Expires: (Effective 9/20/2013 Supersedes All Previous Versions) 35

36 SUBCONTRACTOR AFFIDAVIT & AGREEMENT (EXHIBIT A-1) By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A , stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of Cobb County, Georgia, has registered with, is authorized to use, and is participating in a federal work authorization program (an electronic verification of work authorization program operated by the U.S. Department of Homeland Security or any equivalent federal work authorization program operated by the U.S. Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA)). The undersigned subcontractor further attests that it will continue to use the federal Employment Eligibility Verification (EEV) work authorization program throughout the contract period. The undersigned further agrees that should it employ or contract with any subcontractor(s) or should its subcontractor(s) employ other subcontractor(s) for the physical performance of services pursuant to the contract with Cobb County, Georgia, the undersigned subcontractor will: (1) Notify the County within five business days of entering into a contract or agreement for hire with any subcontractor(s); (2) Secure from any subcontractor(s) and/or their subcontractor(s) verification of compliance with O.C.G.A on this Subcontractor Affidavit & Agreement (EXHIBIT A-1) form prior to the commencement of any work under the contract/agreement; (3) Secure from any subcontractor(s) and/or their subcontractor(s) a completed Immigration Compliance Certification (EXHIBIT A-2) prior to the commencement of any work under the contract/agreement; (4) Provide the subcontractor(s) with legal notice that Cobb County, Georgia, reserves the right to dismiss, or require the dismissal of, any contractor or subcontractor for failing to provide the affidavit and/or for failure to comply with the requirements referenced in the affidavit; and (5) Maintain records of such compliance and provide a copy of each such verification to Cobb County, Georgia, at the time the subcontractor(s) is retained to perform such services or upon any request from Cobb County, Georgia; and (6) Maintain such records for a period of five (5) years. EEV (E-Verify) Program User ID Number EEV Program Date of Authorization BY: Authorized Officer or Agent Subcontractor Business Name [Subcontractor Name] Printed Name Date SWORN AND SUBSCRIBED BEFORE ME ON THIS THE DAY OF, 201 Notary Public Commission Expires: (Effective 9/20/2013 Supersedes All Previous Versions) 36

37 IMMIGRATION COMPLIANCE CERTIFICATION (To be completed by Contractor and all Subcontractors) (EXHIBIT A-2) I certify to the Cobb County Board of Commissioners that the following employees will be assigned to: (Project Name/Description) I further certify to Cobb County, Georgia the following: The E-Verify program was used to verify the employment eligibility of each of the above-listed employees hired after the effective date of our contract to use the program; We have not received a Final Nonconfirmation response from E-Verify for any of the employees listed. If we receive a Final Nonconfirmation response from E-Verify for any of the employees listed above, we will immediately terminate that employee s involvement with the project. I have confirmed that we have an I-9 on file for every employee listed above and that to the best of my knowledge all the I-9s are accurate. To the best of my knowledge and belief, all of the employees on the above list are legally authorized to work in the United States. If any other employee is assigned to this Cobb County project, a certification will be provided for said employee prior to the employee commencing work on the project. To the best of my knowledge and belief, the above certification is true, accurate and complete. Sworn to by: Signature of Officer Printed Name/Title Date Employer Name & Address: SWORN AND SUBSCRIBED BEFORE ME ON THIS THE DAY OF, 201 Notary Public Commission Expires: (Effective 9/20/2013 Supersedes All Previous Versions) 37

38 XXXVI. 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. 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 subcontractor 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. 38

39 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 100 Cherokee Street, Suite 260 Marietta, GA Fax: purchasing@cobbcounty.org Name of Business: Address: Telephone: Fax: 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 39

40 Instructions for Completing Exhibit C Disadvantaged Business Enterprise (DBE) Participation 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 RFQ/ITB or contract, additional reporting forms may be required as well. 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 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, 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. 40

41 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: Name of Prime Contractor/Vendor Month Invoiced: 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). 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 Submitted by: Printed Name Title or position: Date Completed: Signature of Authorized Representative 41

42 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 42

43 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: Request for Proposals for Sealed Bid # attached hereto and by reference incorporated herein as Exhibit A; proposal dated attached hereto and by reference incorporated herein as Exhibit B; 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. Cobb County, Georgia - Page -1

44 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 Request for Proposals for Sealed Bid # (Exhibit A); the proposal dated (Exhibit B); 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. Cobb County, Georgia - Page -2

45 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. Cobb County, Georgia - Page -3

46 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 through , 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 Cobb County, Georgia - Page -4

47 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. Cobb County, Georgia - Page -5

48 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. Cobb County, Georgia - Page -6

49 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 (PL 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. Cobb County, Georgia - Page -7

50 c) Consultant agrees and hereby certifies that it will comply with the requirements for a Drug Free Workplace, as described in Section 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 covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, the Consultant shall defend, indemnify and hold harmless the Owner and the Owner's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an Indemnified Party and collectively the Indemnified Parties ) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, expenses, and liability of any kind whatsoever, including but not limited to attorneys' fees and other legal expenses, ( Liabilities ) which may arise from or be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by the Consultant or subcontractor or anyone for whose acts the Consultant or subcontractor may be liable, regardless of whether or not the negligent act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to the party or person described in this Paragraph. In any and all claims against an Indemnified Party or Indemnified Parties by an employee of the Consultant, its contractors, subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Cobb County, Georgia - Page -8

51 Consultant, or a Consultant's contractor, under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend and hold harmless the Indemnified Party and Indemnified Parties shall survive the expiration or termination of this Agreement provided that the claims are based upon or arise out of acts or omissions that occurred during the performance of this Agreement. 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. Cobb County, Georgia - Page -9

52 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: $1,000,000 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 $1,000,000 combined single limit for personal injury, property damage, contractual liability, and broad form property damage. C. Professional Liability Insurance: with limits of $1,000,000 per claim and in the aggregate. D. Automobile Liability: when applicable, in an amount of $1,000,000 combined single limit per accident, for bodily injury and property damage, including owner, non-owned, hired, leased or rented vehicles. E. Umbrella Liability: $2,000,000 combined single limits per occurrence. F. 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. Each insurance policy required by this clause shall state or be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits for any reason, other than non-payment of premium, except after thirty (30) days prior written notice has been given to Certificate Holder (County). Certificate Holder (County) shall be given not less than 10 days prior written notice of cancellation for non-payment of premium. 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. Cobb County, Georgia - Page -10

53 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. Cobb County, Georgia - Page -11

54 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, 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. Cobb County, Georgia - Page -12

55 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 , 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. Cobb County, Georgia - Page -13

56 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) Cobb County, Georgia - Page -14

57 CONSULTANT: By: Date: Title: (SEAL, IF INCORPORATED) Attest: By: Corporate Secretary Date: COUNTY: COBB COUNTY, GEORGIA By: Timothy D. Lee Title: Chairman (COUNTY SEAL) Date: APPROVED AS TO FORM: COUNTY ATTORNEY S OFFICE By: Patrick Riley Date: Attest: County Clerk Date: Cobb County, Georgia - Page -15

58 Cobb County, Georgia - Page -16 EXHIBIT A Request for Proposals

59 Cobb County, Georgia - Page -17 EXHIBIT B Consultant Proposal

60 PROPOSAL SUBMITTED BY: COMPANY COMPLETE PHYSICAL ADDRESS REPRESENTATIVE DATE ADDRESS: TELEPHONE NUMBER FAX NUMBER AUTHORIZED REPRESENTATIVE S SIGNATURE PRINT AUTHORIZED REPRESENTATIVE S NAME IF REMITTANCE ADDRESS IS DIFFERENT, INDICATE HERE

61 GRAPHICS NOT TO SCALE VIEW AND PRINT GRAPHICS IN COLOR Cobb County Parks, Recreation, and Cultural Affairs Professional Design and Construction Administration Services For Cobb County Parks, Recreation, and Cultural Affairs Department Administration Complex

62 NOT TO SCALE