2025 Bridge Replacement RFP.pdf

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Attached to
Bridge Replacement - Engineering RFP
Solicitation number
PE-30125-NONST-2026-000000022
Issued by
Pickens County, Georgia

About this file

This is a Request for Proposals (RFP) issued by the Polk County Board of Commissioners in Georgia for engineering consulting services related to bridge replacement. The County seeks qualified engineering firms to provide surveying, concept plans, preliminary plans, permitting, final plans, right-of-way plans, specifications, cost estimates, bid documents, and construction administration and inspection services for the replacement of an existing bridge located on Government Farm Road in Polk County. The existing structure measures approximately 40 feet in length with a single 13-foot-wide travel lane, 8-inch concrete curbs, and guardrails. The bridge requires replacement due to age, weight restrictions, and limited single-lane capacity; Euharlee Creek crosses beneath the bridge at a significant skew, though no documented flooding events have occurred. Sealed proposals (one original and three copies) must be submitted to the Polk County Board of Commissioners Office at 216 Main Street, Cedartown, Georgia 30125 by 3:00 p.m. on Thursday, January 8, 2026. The estimated award date is March 2026, with services to commence immediately upon contract execution and completion according to the consultant's proposed schedule.

Evaluation criteria for award include Firm's Experience (15%), Experience of Key Personnel (25%), Project Understanding and Approach (25%), Availability (20%), and Fee Proposal (15%). All design, permitting, and surveying work must be performed by Georgia-registered professionals. Proposals are limited to 10 single-sided letter-size pages with 10-point minimum font; maps, resumes, and project references are not included in the page count. The County will fund the project 100% with local funds. The consultant shall submit detailed fee proposals by phase and task and will be compensated monthly based on invoiced work completed and County acceptance, with payment due within 30 days of invoice receipt. The consultant must maintain professional liability insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate, naming the County as additional insured. The County reserves the right to terminate the contract for cause with seven days' written notice or for convenience with 30 days' written notice.

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POLK COUNTY BOARD OF COMMISSIONERS

P. O. BOX 268

CEDARTOWN, GA 30125

(770) 749‐2100 FAX (770) 748‐5520

REQUEST FOR PROPOSALS

Date: November 24, 2025

To: Qualified Engineering Consulting Firms

Re: Request for Proposals for Engineering Consulting Services Project Name – 2025‐2026 Bridge Replacement

The Polk County Board of Commissioners is requesting sealed Technical Proposals (including a Detailed Fee Proposal and schedule) from qualified engineering consulting firms for providing surveying, concept plans, preliminary plans, permitting, final plans, right of way plans, specifications, cost estimates, bid documents, and construction administration & inspection associated with a proposed bridge being replaced by this project. Proposals (one original and three copies) will be accepted at the Polk County Board of Commissioners Office, 216 Main Street, Cedartown, Georgia 30125 until 3:00 p.m. on Thursday, January 8, 2025. Proposals received after the set time will not be considered. All proposals must strictly conform to the specifications herein.

Additional copies of proposal documents may be obtained at the Polk County Board of Commissioners Office, 216 Main Street, Cedartown, Georgia 30125 or on the Polk County Website at polkga.org. Requests for documents should be filed promptly with the Polk County Board of Commissioners Office (770) 749‐ 2100.

Request For Proposals 2025-2026 Bridge Replacement

INTRODUCTION

Polk County is seeking a qualified engineering firm to provide surveying, concept plans, preliminary plans, permitting, final plans, right of way plans, specifications, cost estimates, bid documents, and construction administration & inspection necessary for the replacement of an existing bridge located on Government Farm Road in Polk County Georgia. This existing structure is approximately 40’ in length, having a single 13’ wide travel lane with 8” concrete curbs and guardrails. It is being replaced due to its age, weight restrictions, and single lane capacity. Euharlee Creek crosses beneath this bridge at a significant skew. The County is not aware of any flooding events during which the creek has overtopped the bridge.

LOCATION

SCOPE

The successful consultant shall provide engineering services to develop complete engineering plans necessary to replace the existing bridge across Euharlee Creek in Polk County, Georgia, identified above. These services shall include at a minimum surveying, environmental investigations (as required), permitting (as required), right of way & property research, right of way exhibit preparation for acquisition, drainage study & hydraulic calculations, cost & quantity estimates, construction & right of way plan preparation, construction administration, construction inspection, and all other items and/or services standard, expected, necessary, and routine for the design of such bridges.

Completed plan sets shall include at a minimum construction/grading plans, right of way plans, details & specifications, erosion control/water quality and monitoring plans as appropriate, traffic control and staging plans, utility plans as necessary, and signing/marking plans, and details.

Right of way acquisition services will be completed by Polk County.

The County will complete reviews for each phase of this project including preliminary plans (60%), right of way plans, and final plans (100%). Approval for each phase shall be issued by the county prior to proceeding with the next phase of work.

Detailed quantity and cost estimates shall be submitted during the preliminary plans phase and for the approved final plans.

Engineering and construction of this project will be funded 100% by local funds.

CONTRACT AWARD

Proposals received in response to this RFP will be reviewed and rated based on the following weighted criteria:

15% Firm’s Experience – Review of performance on other projects of similar nature and complexity and evaluation of consultant references for both primary and sub‐consultants.

25% Experience of Key Personnel ‐ Evaluation of relevant experience for key personnel to be assigned to the proposed project for both primary and sub‐ consultants.

25% Project Understanding and Approach – Evaluation of each consultant’s overall project understanding and proposed response.

20% Availability – Evaluation of consultant workloads and proposed schedule for completing the project.

15% Fee Proposal – Evaluation of the costs for providing the requested services outlined in this RFP.

Any contract awarded, will be made to the Consultant whose proposal best satisfies the needs of the County based upon the weighted criteria outlined above. The County reserves the right to reject any and all proposals and to waive any and all irregularities, technicalities, and formalities in the bid process.

MINIMUM REQUIREMENTS

All elements of the design and permitting for this project must be prepared by a Professional Engineer, registered and licensed in the State of Georgia. Likewise, person(s) responsible for the surveying work shall be a registered Land Surveyor in the State of Georgia. Appropriate professionals responsible for all other work categories shall be licensed in the State of Georgia, as may be required by law.

The design of this bridge shall not create any rise in the flood elevation both upstream and downstream from each new culvert.

The design of this bridge shall allow for the safe passage of two‐way traffic with adequate shoulders.

The bridge shall be designed to minimize the requirements for additional right of way.

Plan shall be prepared according to Georgia Department of Transportation specifications.

PROPOSAL SUBMITTAL

One (1) original and three (3) copies of the consultant’s proposal are required for this project.

Proposals should be limited to a total of 10 letter size, single sided printed pages using a font size no smaller than 10 points and bound whereby county staff can easily separate and make additional copies. Organizational chart may be 11”x17” provided it is folded to letter size and will count as one page of the 10 page limit. Promotional literature, brochures, etc. will be considered a part of the 10 page limit. Maps, resumes, and project references, however, will not be included in the page count. Maps and figures are limited to 11”x17” provided they are folded to letter size. The 10 page limit, not including cover letter or section dividers, must include the following:

1. Firm Identification

Give the full legal name of firm, the firm’s principal business office and its satellite offices, if any; and indicate the location(s) from which the professional services associated with this project would be completed. Provide information on the firm’s history, business activities, size, and employees.

2. Firm’s experience in providing similar services, particularly for County and Municipal governments

Briefly describe experience in the past five (5) years including experience of firm in providing/performing professional services for County and Municipal governments. This information shall include:

Clients name and contact information

Description of services provided and work completed

Date of services

Project(s) outcome including budget and schedule

Indicate the firm’s involvement, whether as lead, sub‐consultant or partner.

3. Relevant qualifications, experience, and availability of key personnel proposed for this project

Provide a description of the qualifications and relevant experience of key personnel that will be involved on this project including all sub‐consultants. Include an organizational chart of key personnel. Resumes may be attached to supplement this information, but will not be included in the page limit.

4. Description of consultants understanding and approach to this project

Describe the consultant’s understanding of important issues that need to be addressed in a typical project such as this. Include methods and processes for addressing such issues.

5. Proposed project schedule

Describe the Firm’s existing workload and provide an overall detailed project schedule for completing this project.

6. Fee Proposal

Bidders shall include a separate detailed fee proposal for each of the three (3) bridges, broken down by phase, task, and labor category. Fee proposals will not be included in the page limit.

All overhead, profit, and direct charges such as, but not limited to, document reproduction, photographic work, postage & shipping, transportation including mileage, and computer usage expenses must be included in hourly rates.

Proposals must be signed in ink by a company official that has authorization to commit company resources and shall contain the firm’s full business address.

Proposals requiring acceptance by the County in less than 90 calendar days could be rejected.

Proposals may be withdrawn by written request only, if the request is received prior to the deadline for submittals. Negligence on the part of the Bidder in preparing his proposal confers no right of withdrawal or modification of his proposal after proposal has been accepted. No proposal may be withdrawn for a period of 90 days after the deadline for proposal submittals.

The County is not liable for any cost incurred in the preparation of the proposal. Nor is the County bound by any information provided unless reduced to writing and distributed as a written addendum.

The Consultant shall complete all forms included as Attachment “A”.

Full technical/financial proposal package must be returned in a sealed envelope and clearly marked in the lower left hand corner.

REQUEST FOR PROPOSALS

BRIDGE REPLACEMENT

JANUARY 8, 2025 @ 3:00 PM

Proposals will be accepted at the Polk County Board of Commissioners Office, 216 Main Street, Cedartown, Georgia 30125 until 3:00 p.m. on Thursday January 8, 2025. Proposals received after the set time will not be considered.

PROPOSAL SCHEDULE

PROPOSAL SCHEDULE

ACTIVITY DATE ACTION

Notice of Solicitation Issued 11/24/2025 Begin Circulation Proposal Submission Deadline 1/8/2026 Submit one (1) original & (3) Copies with all attachments to:

Polk County Board of Commissioners 216 Main Street Cedartown, Georgia 30125

Estimated Award Date 3/2026 Board of Commissioners

GENERAL TERMS AND CONDITIONS

CHANGES: No change will be made to this RFP except by written modification by the County.

Requests for interpretation or changes must be in writing, directed to the Public Works Director and received at least (5) Five Calendar Days prior to the time set for opening of the proposals.

Phone (770) 749‐2100. Email: dsenn@polkga.org

CLARIFICATION OF SUBMITTALS: The County reserves the right to seek clarification of any point in a respondent’s proposal, or to obtain additional information.

DISQUALIFICATION: Proposals may be disqualified for: a) receipt of the proposal by the County past the stated deadline; b) any irregularities; c) unbalanced unit price or extensions; d) unbalanced value of any items; e) failure to complete proposal information correctly. If in the opinion of the Polk County Board of Commissioners, the bidder is not in a position to fulfill the terms of a contract, the proposal may be disqualified. The County reserves the right to waive any informality or irregularities.

EXCEPTIONS TO SPECIFICATIONS: Any award resulting from this RFP shall bind the consultant to all Terms, Conditions, and Specifications set forth in this RPF. Bidders whose proposals do not conform should so note on either a separate page or on the Bidders Proposal. While the County reserves the right to make an award to a nonconforming proposal, when in the best interest of the County, such awards will not be readily made, and consultants are urged to conform to the greatest extent possible. No exceptions will be considered to have been taken by bidder unless it is properly set out as provided above. No exception will be deemed to have been taken by the County unless incorporated in an award resulting from this RFP and so stated.

PROPOSAL RESULTS: Interested parties may request in writing, a Bid Tabulation by sending a self addressed, stamped envelope with their request to the Polk County Board of Commissioners, P.O. Box 268, Cedartown, Georgia 30125, or by emailing the Administration Office at dsenn@polkga.org

PAYMENT: The County shall make payments based upon the Consultant’s submission to the County of invoices detailing the actual percentage of work completed per project phase & task and acceptance by the county. The period covered by each invoice shall be one calendar month ending on the last day of the month, and payment shall be due within thirty (30) days of the County’s receipt of the invoice. Each invoice shall be accompanied by appropriate documentation of the quantity of work completed for which payment is requested. Invoices are to be submitted to: Polk County Board of Commissioners, P. O. Box 268, Cedartown, Ga. 30125.

Itemize all invoices in full. Mail the original invoice and one copy to the address above. Each invoice is to include the following minimum information:

Date invoice is submitted

Period for completed work

Percentage of work completed per phase and task for each culvert

Amount invoiced to date

Current invoiced amount with description of completed work

Balance remaining per task

Invoices received with any of the required information listed above missing will not be considered as a “correct invoice”. All invoices submitted will be closely monitored for accuracy.

Any invoice found to be incorrect, will be returned to consultant for correction.

EXECUTION OF CONTRACT: Subsequent to the award, the successful consultant will be presented with a contract in the form attached hereto as Attachment B. Contract, when provided, is to be executed within Ten (10) calendar days of “NOTICE OF AWARD. If the contract document is mailed, the date of presentation shall be deemed to be the postmark date. The successful consultant’s proposal and this RFP shall be incorporated into the contract, except to the extent that this RFP conflicts with the contract, in which case the provisions of the contract shall take precedent.

CERTIFICATE OF INSURANCE: Consultant shall purchase from and maintain in a company or companies authorized to do business in the state of Georgia the following types of insurance.

Statutorily required workers’ compensation insurance.

Professional liability insurance, with an endorsement naming the County as an additional insured, and with limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate.

The Consultant shall provide the County with certificates of insurance prior to the start of the contracted services and thirty (30) days’ written notice prior to cancellation.

INCLUSION: All items and/or services standard, expected, necessary, and/or routine to such a project as this and not actually stated in this RFP will be the responsibility of the consultant to provide at no additional cost to the County unless so stated on the consultant’s proposal as additional cost items and accepted by the County at the time of the award and/or contract.

ADDENDUM: All requests for clarification must be made in writing to Dion Senn, Public Works Director, by the close of business, no less than seven (7) business days prior to the proposal due date and time. Addendums will be issued in response to requests for clarifications, no later that 72 hours prior to the proposal due date and time. It is the consultant’s responsibility to ensure that they have all applicable addenda prior to submittal.

REGULATORY AGENCIES: The Consultant will be responsible for obtaining all required permits or license required by regulatory agencies of the City, County, State, or Federal Governments.

Furthermore, the Consultant will be responsible for meeting all requirements of any regulation(s) or guideline(s) of any of the said Governments or any independent agency recognized by said Governments as publisher of any such regulation(s) or guideline(s).

STARTING TIME: Services will commence immediately after being issued a formal contract.

INDEMNITY: The Consultant upon entering into a contract as a result of this RFP must agree to, indemnify, defend and hold harmless Polk County from any and all courses of action or claims of damages arising out of or related to Consultant’s performance or actions or those of his employees, agents, or sub‐consultants under said contract.

ANTI‐DISCRIMINATION CLAUSE: "Polk County does not discriminate against any person because of race, color, religion, national origin, or handicap in employment or service provided."

ATTACHMENT “A”

POLK COUNTY, GEORGIA

NON‐COLLUSION AFFIDAVIT

The following affidavit is to accompany the proposal:

STATE OF: __________________________

COUNTY OF: __________________________

Owner, Partner of Officer of Firm: _____________________________

Company Name, Address, County and State: ________________________________

The undersigned, being of lawful age, being first duly sworn, on oath says that he/she is the agent authorized by the Consultant to submit the attached proposal and that neither he/she nor the consultant has directly or indirectly violated any of the provisions of Section 36‐91‐ 21(d) of the Official Code of Georgia Annotated. In making such representation, affiant further states for himself/herself and on behalf of consultant, that they have not been a party to any collusion among consultants in restraint of competition or by agreement to submit a bid or proposal at a fixed price or to refrain from proposing; or with any office of Polk County or any of their employees as to quantity, quality or price in the prospective contract; or any discussion between vendors and any official of Polk County or any of their employees concerning exchange of money or other things of value for special consideration in submitting a proposal for:

COMPANY NAME ________________________________________

SIGNATURE ________________________________________

TITLE _____________________________________________

Subscribed as sworn to before me this day of 20 .

NOTARY PUBLIC __________________________________

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT

Contract No. and/or Name: 2025‐2026 Bridge Replacement – Engineering Design

Bidder/Contractor/Consultant Name:

CONTRACTOR AFFIDAVIT

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 13‐ 10‐91, stating affirmatively that the individual, firm, or corporation which is contracting with Polk County has registered with and is participating in a federal work authorization program*, in accordance with the applicability provisions and deadlines established in O.C.G.A. 13‐10‐91.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Polk County, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. 13‐10‐91 on the Subcontractor Affidavit provided in Rule 300‐10‐01‐.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to Polk County at the time the subcontractor(s) is retained to perform such service.

EEV / E‐Verify TM User Identification Number Date of Authorization

BY: Authorized Officer or Agent Date (Contractor Name)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE

DAY OF , 20

[NOTARY SEAL]

Notary Public

My Commission Expires:___________________

* any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99‐603

CONSULTANT PROPOSAL

TO: Polk County Board of Commissioners P.O. Box 268 Cedartown, Georgia 30125

ATTN: COUNTY MANAGER

All proposals submitted shall be subject to acceptance or rejection, and Polk County specifically reserves the right to accept or reject any or all proposals, and to waive any technicalities or informalities in the process. The undersigned understands that any conditions stated above, clarifications made to the above or information other that that requested should be under separate cover and will be considered only at the discretion of the County Manager.

COMPANY NAME ________________________________

SIGNATURE ________________________________

TITLE ______________________________________

ADDRESS __________________________________________________________

TELEPHONE_________________________ FAX __________________________

Subscribed and sworn to before me this ____ day of ___________ 20___.

NOTARY PUBLIC ____________________________________________

CONSULTANTS DECLARATION

The consultant understands, agrees and warrants:

That the consultant has carefully read and fully understands the full scope of the Request for Proposals, That the consultant has the capability to successfully undertake and complete the responsibilities and obligations in said Request for Proposals, That this proposal may be withdrawn by requesting such withdrawal in writing at any time prior to January 8 , 2026 @ 2:00 PM but may not be withdrawn after such date and time, That Polk County reserves the right to reject any or all proposals and to accept that proposal which best satisfies the criteria established in the RFP and serves the public interest. Polk County reserves the right to waive any technicalities and formalities in the proposal process, That by submission of this proposal, the consultant acknowledges that Polk County has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information supplied by the consultant, Consultant Name: ________________________________________

Address: ________________________________________________

Phone: _________________________________________________

Name Print: _____________________________________________

Signature: ______________________________________________

Date: __________________________________________________

Email __________________________________________________

CONSULTANT’S INFORMATION

Date of Proposal: November 21, 2025

Proposal Name: 2025‐2026 Bridge Replacement

The undersigned agrees, if this proposal is accepted within Ninety (90) calendar days after date of opening, to furnish all supplies and/or services in strict accordance with provisions of this Request for Proposals at the prices stated in the consultants Fee Proposal.

I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, or services, and is in all respects fair and without collusion or fraud. I understand that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and Civil Damage Awards. I agree to abide by all Conditions of this proposal and certify that I am authorized to sign this proposal for the Consultant.

This Day of , 20

Consultant Information Name and Mailing Address (Type or Print) (where to send payments)

Name of Company Name of Company

Address Address

City, State Zip Code City, State Zip Code

Phone Number Phone Number

Fax Number Federal ID #

Email

Name and Title of Person authorized to Sign

Name Title Signature

ATTACHMENT B

2025‐2026 BRIDGE REPLACEMENT

CONSULTANT

Name:

Address:

Phone:

AGREEMENT

This Agreement, made and entered into this ______ day of January, 20 , by and between POLK COUNTY, a political subdivision of the state of Georgia, acting by and through its governing authority, The Polk County Board of Commissioners (hereinafter “the County”) and (hereinafter “the Consultant”).

The County and the Consultant hereby agree as follows:

1. Scope. The consultant agrees to provide engineering services specified in the RFP for this project, and all other items and/or services standard, expected, necessary, and/or routine for the design of this project.

2. Contract Documents. The Contract Documents consist of the following:

a) This Agreement and any attachments hereto, which attachments are incorporated herein by reference.

b) The Complete Request for Proposals for this contract, which is attached hereto and incorporated herein by references.

c) Any specifications or standards referenced in this Agreement.

d) The Consultant’s completed Technical Proposal, Fee Proposal, Schedule, Non‐

Collusion Affidavit, Consultant’s Declaration, and Consultant’s Information, which executed documents are attached hereto and made a part hereof by reference.

3. Starting Time and Term of Contract. Services will commence after the acceptance of this contract by all parties and shall be completed according to the Consultants project schedule as outlined in the Technical Proposal.

4. Contract Sum. The County shall pay the Consultant according to the agreed upon fee proposal for each phase and task of the project completed for each culvert.

5. Payments. The County shall make payments based upon the Consultant’s submission to the County of an invoice detailing the actual percentage of work completed per project phase & task and acceptance by the county. The period covered by each invoice shall be one calendar month ending on the last day of the month, and payment shall be due within thirty (30) days of the County’s receipt of the invoice. Each invoice shall be accompanied by appropriate documentation of the quantity of work completed for which payment is requested.

6. Independent Consultant. The consultant represents to Polk County that he is fully licensed, experienced and properly qualified to perform the services provided herein and that he is properly equipped, organized, and financed to perform such services. The Consultant shall finance his own operations hereunder, shall operate as an independent Consultant and not as an agent of POLK COUNTY and nothing contained in the RFP or this contract shall be construed to constitute the Consultant or any of his employees, agents, or sub‐consultants as a partner, employee, or agent of the County nor shall either party have any authority to bind the other in any respect; it being intended that each shall remain an independent Consultant.

7. Permits and Regulations. Consultant shall be responsible for obtaining all required permits or license required by regulatory agencies of the City, County, State, or Federal Governments. Further, the Consultant will be responsible for meeting all requirements of any regulation (s) or guideline (s) of any of the said Governments or any independent agency recognized by said Governments as publisher of any such regulation (s) or guideline (s).

8. County’s Right to Terminate Contract. Pursuant to O.C.G.A. 36‐60‐13, if applicable, if not sooner terminated pursuant to the provisions of termination contained herein, this contract is terminable by the Board of Commissioners of POLK COUNTY, Georgia on

December 31 of each calendar year during the term of said contract, except that said contract shall remain in force automatically on such date, and without any lapse, unless positive action is taken to terminate said contract by the Board in a public meeting and such action entered in the Official Minutes of the POLK COUNTY COMMISSION.

9. Termination For Cause. Should the consultant or sub‐consultants neglect to prosecute the work properly, or fail to perform any provision of the contract, the County, after seven days’ written notice to the Consultant, and its surety, (if any), may, without prejudice to any other remedy the County may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Consultant or, at the County’s option, may terminate the contract and take possession of all materials and finish the work by such means as the County sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall be paid to the Consultant, but if such expenses exceeds such unpaid balance, the Consultant shall pay the difference to the County.

10. Termination for Convenience. The County shall also have the right to terminate this contract at any time for any reason by giving at least thirty (30) days written notice to the Consultant. In such event, the Consultant will be paid for the percentage of work completed but not yet invoiced as of the date of termination.

11. Attorney’s Fees and Expenses. Should the Consultant default in any of the provisions of this Agreement and should the County employ an attorney to enforce any provision hereof or to collect damages for breach of this Agreement or to recover on any payment or performance bond furnished by the Consultant, the Consultant and its surety agree to pay the County such reasonable attorney’s fees and expenses of litigation as the County may expend therein.

12. Choice of Law and Venue. All actions arising out of, or in any way connected with this contract, shall be litigated and decided in the Superior Court of Polk County, and the Consultant hereby submits itself to the jurisdiction and venue of that court and waives any rights to insist upon venue or jurisdiction elsewhere or raise any such defenses in any such action.

13. Indemnification. The Consultant agrees to indemnify, hold harmless, and defend the

County, its officials, and employees (hereinafter collectively “the indemnities”) from and against any and all claims, damages, liabilities, suits, proceedings, costs, and expenses of litigation (including, without limitation, reasonable attorney’s fees) related to or arising in any way out of the performance of this Agreement, unless such is attributable to the sole negligence of the indemnities.

14. Equal Opportunity. The Consultant shall not discriminate against any employee or against any applicant for employment on the basis of race, religion, sex, color or national origin.

15. No Waiver. No failure on the part of either party to this Agreement at any time to require performance by the other party of any term of this Agreement shall be taken or held to be a waiver of such term or in any way affect such party’s right to enforce such term, and no waiver on the part of either party of any term of this Agreement shall be taken or held to be a waiver of any other term hereof or the breach thereof.

16. Assignment of Contractual Rights. It is agreed that the Consultant will not assign, transfer, convey, or otherwise dispose this contract or his right, title, or interest in or to the same, or any part thereof, without written consent of the County. Any purported assignment without such written consent shall be null and void. In the event of a valid assignment, this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

17. Immunity. Nothing contained in this Agreement shall be construed or deemed to be a waiver of any immunity to which the parties, their officials, or employees are legally entitled.

18. Legal Construction; Severability. This Agreement shall be governed by the laws of the state of Georgia. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision has never been contained in it.

19. Entire Agreement; Amendment. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof, and all prior agreements relating to the subject matter hereof, whether written or oral, are nullified and superseded hereby, and neither party shall have any further rights or obligations under such superseded agreements. This Agreement may be amended or supplemented only by the mutual consent of the contracting parties in writing signed by all parties to this Agreement.

20. Contract Administrator. The Contract Administrator for this contract shall be the

Assistant County Manager.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year written below.

CONSULTANT POLK COUNTY

_______________________________(L.S.) _____________________________(L.S.)

By Chairman

Title Attest

Attest Title

Title Date

Date

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