RFP #24-10, Henry County Local Bus Stops Creative Placemaking Plan Page 1 of 30

*The posting of additional addenda may be required and it is the responsibility of the Proposer to ensure that they review the

County’s website for any additional addenda, and that they submit acknowledgement of all applicable addenda (on the included form) with their solicitation. Proposers should not expect to be individually notified by Henry County.

Henry County

Purchasing Department 140 Henry Parkway, McDonough, GA 30253

Phone: 770-288-6027 Fax: 770-288-6047

Website: henrycounty-ga.com/purchasing

REQUEST FOR PROPOSAL

Sealed Envelope shall be marked with the following information:

RFP # 24-10

Henry County Local Bus Stops Creative Placemaking Plan

Due Date and Time: September 26, 2023, 3:00 PM

SCHEDULE OF EVENTS FOR

Non-Mandatory Pre-Proposal Conference and site visit None

Deadline for requests for clarifications and questions. Any possible exceptions to the bid specifications and/or terms and conditions should be addressed during this phase. These requests will be answered in an addendum and must be emailed to: purchasing@co.henry.ga.us

3:00 PM

September 12, 2023

*Deadline for first addendum, if required, posted on the Henry County website:

henrycounty-ga.com/purchasing

3:00 PM

September 19, 2023

Sealed proposals will be accepted until the due date and time. Any late submittals received will not be considered. Submittals are to be delivered to Henry County

Purchasing Department, 140 Henry Parkway, McDonough, GA 30253.

3:00 PM

September 26, 2023

THIS FORM MUST BE SIGNED AND SUBMITTED TO BE CONSIDERED FOR AWARD

COMPANY NAME: DATE:

MAILING ADDRESS: PHONE:

CITY: FAX:

STATE: ZIP: SSN OR FEDERAL TAX ID:

EMAIL: TITLE OF AUTHORIZED REPRESENTATIVE:

PRINTED NAME: AUTHORIZED SIGNATURE:

mailto:purchasing@co.henry.ga.us

RFP #24-10, Henry County Local Bus Stops Creative Placemaking Plan Page 2 of 30

TABLE OF CONTENTS Page

SECTION I – GENERAL OVERVIEW

A - BACKGROUND 3

B - GENERAL INSTRUCTIONS, TERMS, AND CONDITIONS 3-14

SECTION II – SPECIFICATIONS

A – PROJECT UNDERSTANDING 15

B – SCOPE OF WORK 16-19

SECTION III – PROPOSAL FORMAT

A – TECHNICAL PROPOSAL FORMAT 20

B – COST PROPOSAL FORMAT 21

SECTION IV - EVALUATION AND SELECTION CRITERIA 22

SECTION V - FORMS

STANDARD CONTRACT 23

BID AUTHORIZATION AFFIDAVIT 24

NON-CONFLICT OF INTEREST 25

GA SECURITY & IMMIGRATION COMPLIANCE AFFIDAVIT 26

SUPPLIER INCLUSION PROGRAM 27

COST PROPOSAL 28

CHECKLIST FOR RFP DOCUMENTS 29

SECTION VI – REQUEST FOR PROPOSAL LABEL 30

RFP #24-10, Henry County Local Bus Stops Creative Placemaking Plan Page 3 of 30

SECTION I - GENERAL OVERVIEW

A. BACKGROUND

Henry County is seeking proposals from qualified consultants to develop a Bus Stops Creative

Placemaking Plan. Transit Creative Placemaking intentionally makes transit stops into community amenities: they can function safe and clean places to wait for the bus, as well as portals for information, locations for accessing needs, and venues for storytelling. The Contractor shall furnish all labor, materials, equipment, and services required to fulfill the terms and conditions of this bid, which includes signalization. Artists or artist teams should be involved in the Bus Stops Creative Placemaking Plan at the inception of the project.

B. GENERAL INSTRUCTIONS, TERMS, AND CONDITIONS

1. Proposals Submission

a. These instructions will bind proposers to terms and conditions herein set forth, except as specifically stated otherwise in special contract terms with any individual proposal. These instructions are to be considered an integral part of the proposal.

b. Proposals may be submitted by mail, common carrier or delivered in person. Fax or electronic proposals are not acceptable. It shall be the duty of each proposer to ensure that their proposal is delivered within the time and at the place prescribed in this document. Proposals received prior to the time fixed in this proposal document will be securely kept unopened. A date/time stamp will be affixed to the envelope/package immediately upon its arrival to the Purchasing Department.

Any proposal received at the office designated in this document after the exact time and date specified, will not be considered. If a late proposal is received via carrier, it will be marked “late proposal” and will not be opened. If a late proposal is hand delivered, it will be returned unopened to the presenter.

c. At the date and time specified for the opening of the proposal, the proposal shall be publicly opened and read aloud for the information of proposers and others present.

d. The proposal must be submitted in a sealed envelope/parcel on or before the date and time stated in this document and is to be mailed or delivered to:

Henry County Purchasing Department

140 Henry Parkway

McDonough, Georgia 30253

RFP # 24-10

Henry County Local Bus Stops Creative Placemaking Plan

e. The Submittal Checklist must be reviewed, and the Proposer is to comply with the order of the submittal of documents. This document along with the cover page (page 1) is to be included with the proposal.

f. The following items are to be submitted:

• One (1) unbound clearly marked “Original,” of the proposal documents

• Six (6) bound complete copies (not to exceed a 1/2” capacity ring binder) identical to the original proposal documents, and

• One (1) digital copy in PDF format on a USB flash drive identical to the original proposal documents. The USB flash drive should be labeled with the RFP number and proposer’s name.

• If required – One (1) original “Cost Proposal.” The Cost Proposal is to be submitted in a separate sealed envelope and marked “Cost Proposal.”

g. All proposals must be manually signed and filled out legibly (typewritten or printed in ink) with all changes or corrections initialed by the person signing the proposal.

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h. If descriptive literature is attached to the proposal, your firm’s name must be on all sheets submitted.

i. Each proposal submitted shall be deemed to have been made with full knowledge of all terms, conditions, and requirements contained in this Proposal request. The failure or omission of any proposer to examine any form, instrument or document shall in no way relieve any proposer from obligations in respect to the proposal submittal or the compliance of the terms, conditions and requirements of the proposal.

j. Individual contractors shall provide their Social Security number and proprietorships; partnerships and corporations shall provide their Federal Employer Identification number on page one of this proposal documents and provide a completed W9 form to be submitted with the proposal.

k. The authorized representative whose signature will appear on the proposal submitted certifies that the Proposer has carefully examined the instructions of this proposal and the terms and specifications applicable to and made a part of this proposal. The Proposer further certifies that the prices shown on the Proposal Price Submittal Form is in accordance with the conditions, terms and specifications of the proposal and that any exception taken thereto may disqualify the proposal.

l. Any documentation submitted with or in support of a proposal or proposal shall become subject to public inspection under the Georgia Open Records Act. Labeling such information “Confidential”, “Proprietary”, or in any other manner shall not protect this material from public inspection upon request. All records become subject to public inspection only after award of the contract or purchase order.

2. Preparation of Proposals

a. Negligence on the part of the proposer in preparing the proposal confers no right for withdrawal or modification in any way after the deadline for the proposal opening.

b. Unit price must be shown on the Proposal Cost Submittal Form in this document. All proposals should be tabulated, totaled and checked for accuracy. The unit price will prevail in case of errors.

c. All product, equipment, article or material must be new and unused or current production. No reconditioned or used item(s) will be accepted except as specifically requested herein. Units that are classified as prototype or discontinued models are not acceptable.

d. Samples of items, when required, must be submitted within the time specified and unless otherwise specified by the County, at no expense to the County. Unless otherwise specified, samples will be returned at the proposer’s request and expense if items are not destroyed by testing.

e. Full identification of each item proposal upon, including brand name, model, catalog number, etc., must be furnished to identify exactly what the proposer is offering. Whenever an article or material is defined by describing a proprietary product or by using the name of a manufacturer, the term

“or equal” if not inserted shall be implied. The specified article or material shall be understood as indicating the type, function, minimum standard of design, efficiency and quality desired and shall not be construed as to exclude other manufactured products of comparable quality, design and efficiency. In the event that any equivalent version is proposed, prospective proposers are herewith advised that precise, adequate, and documented evidence of equivalency in performance, stability, and operational efficiency should be submitted with the proposal for further consideration. Final determination of equivalency will be determined by Henry County.

3. Clarification and Communication to County Concerning Proposal

a. From time to time, the Purchasing Department may have to release written changes to a solicitation. These formal written changes are called addendum or if multiple, Addenda. It is the responsibility of the Proposer to ensure that they have all applicable addenda prior to the proposal submission. Therefore, we encourage all Proposers to frequently review the

County’s website: henrycounty-ga.com/purchasing

All addenda forms must be signed and submitted with the proposal. Failure to respond and acknowledge any addenda, even after the proposal opening, shall result in a non-responsive proposal.

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b. The successful firm’s proposal and all addenda will become a part of the agreement resulting from this document.

c. Proposers seeking an award of a Henry County contract shall not initiate or continue any verbal or written communication regarding a solicitation with any County officer, elected official, employee or other County representative without permission of the Purchasing Department between the date of the issuance of the solicitation and the date of the final contract award by the

Board of Commissioners. Violations will be reviewed by the Purchasing Director. If determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business shall be disqualified from consideration for award. EXCEPTION to the above would be emailing request for clarification and/or questions to the Purchasing

Department – purchasing@co.henry.ga.us. (These requests will be answered in an addendum.

Please see schedule of events.)

4. Pre-Proposal Conference The Pre-Proposal Conference or any other information session (if indicated in the schedule of events) will be held at the offices referred to in the “Schedule of Events” of this RFP. Unless indicated otherwise, attendance is not mandatory; although suppliers are strongly encouraged to attend. However, in the event the conference has been identified as mandatory, then a representative of the supplier must attend the conference in its entirety to be considered eligible for contract award.

5. Rejection and Withdrawal of Proposals

a. Withdrawal of Proposal due to errors, the supplier has up to forty-eight (48) hours to notify the

Purchasing Department of an obvious clerical error made in calculation of proposal in order to withdraw a proposal after proposal opening. Withdrawal of proposal for this reason must be done in writing within the forty-eight hour period.

b. The County will make a recommendation of the proposal to the Board of Commissioners within

60 days from the date of the opening, unless the successful Bidder agrees in writing to a longer period for the award.

c. The County may reject all or part of the proposal within 60 days of proposal opening.

6. Proposal and Contract Documents

a. A proposal executed by an attorney or agent on behalf of the proposer shall be accompanied by an authenticated copy of the Power of Attorney or other evidence of authority to act on behalf of the proposer.

Corporation: If the Proposer is a corporation, the proposal must be submitted in the name of the

Corporation, not simply the corporation’s trade name. In addition, the proposal must be signed by an officer of the corporation.

Partnership: If the Proposer is a partnership, all partners must sign the proposal. If all the partners do not sign the proposal, then the names of all those except limited partners must be furnished on the proposal and evidence of the authority of the signer(s) to execute the proposal on behalf of the partnership.

Limited Liability Company (LLC): If the Proposer is a limited liability company, the authorized agent having authority to bind the limited liability company must sign the bid documents.

Sole Proprietorship or Individual: If the Proposer is a sole proprietor or individual, a signature is required on all bid documents by that individual.

b. The contract documents consist of this Agreement, Specifications and Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated Agreement between the parties hereto and supersedes prior negotiations, representation or agreements, either written or oral.

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c. Contract Term – The time period of the agreement, if any is formed from this RFP, will be determined after the review and evaluation of the Time Line Schedules submitted by the successful Consultant.

7. Concerned Funding Agencies Atlanta Regional Commission (ARC), the Georgia Department of Transportation (GDOT), and the U.S.

Department of Transportation are all hereby identified as “Concerned Funding Agencies”. This solicitation is subject to the terms and conditions set forth in the ARC Agreement with Henry County.

Henry County, ARC, and the Concerned Funding Agencies have unrestricted rights to use, and to authorize others to use, the work products generated from this contract.

8. Exceptions and Omissions Any exceptions to the specifications and/or terms and conditions must be addressed during the question/clarification and addendum phases.

9. Alterations of Solicitation and Associated Documents Alterations of County documents are strictly prohibited and will result in automatic disqualification of the proposer’s solicitation response.

10. Cost Incurred by Vendors All expenses involved with the preparation and submission of the RFP to the Henry County Board of

Commissioners, or any work performed in connection therewith is the responsibility of the vendor(s).

11. Codes, Permits, Fees, Licenses and Law

a. All permits, fees, arrangements for inspections, licenses, and costs incurred for the same shall be the sole responsibility of the successful Proposer. All materials, labor and construction must comply with all applicable rules and regulations of local, state and/or national codes, laws and ordinances of all authorities having jurisdiction over the project, shall apply to the contract throughout and will be deemed to be included in the contract the same as though herein written out in full.

b. Effective July 1, 2008: All General Contractors must have a current valid license from the

State Licensing Board for Residential and General Contractors, unless specifically exempted from holding such license pursuant to Georgia law, O.C.G.A. Section 43-41-17.

c. State Law regarding Worker Verification requires that all who enter into a contract for the physical performance of services with the County must satisfy O.C.G.A. §13-10-91 and Rule 300-10-1-.02, in all manner, and such are conditions of the contract. By submitting a proposal to the County contractor agrees that in the event the contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the contractor will secure from the subcontractor(s) such subcontractor(s) indication of the employee-number category applicable to the subcontractor, as well as attestation(s) from such subcontractor(s) that they are in compliance. Such attestation(s) shall be maintained and may be inspected by the County at any time. An affidavit of such compliance included with the proposal, must be signed by the contractor, and will become part of the contract.

12. Safety All vendors and subcontractors performing services are required and shall comply with all Occupational

Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this Contract.

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13. Design, Standards and Practices Design, strength, quality of materials and workmanship must conform to the industry acceptable standards of engineering practices and/or professional services.

14. Statement of Warranty A Statement of Warranty should include all applicable manufacturers’ warranty and the Contractor’s warranty in regards to equipment, materials and workmanship. This statement shall include the terms, conditions and the period of warranty coverage. Any exclusion(s) must be clearly stated.

15. Non-collusion By submitting a proposal in response to this solicitation, the proposer represents that in the preparation and submission of this proposal, said Proposer did not either directly or indirectly, enter into any combination or arrangement with any person, Proposer, Corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section I or Section 59.1-9.1 through 59.1-9.17 or Sections

59.1 – 68.6 through 59.68.8). Collusion and fraud in proposal preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

16. Nondiscrimination Notwithstanding any other provision of this Agreement, during the performance of this Agreement

Contractor, for itself, its heirs, personal representatives, successors in interest and assigns, as part of the consideration of this Agreement does hereby covenant and agree, as a covenant running with the land, that:

a. No person on the grounds of race, color, religion, sex or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination;

b. In the production of the vehicle(s), and the furnishing of services therein or thereon, no person on the grounds of race, color, religion, sex or national origin shall be excluded from participation in, or denied the benefits of, such activities, or otherwise be subjected to discrimination.

17. Drug Free Workplace Certification By signing the Supply Service Contract form, the Contractor certifies that the provisions of Code

Sections 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the “Drug-free

Workplace Act”, have been complied with in full. The undersigned further certifies that:

a. A drug-free workplace will be provided for the Contractor’s employees during performance of the contract; and

b. Each Contractor who hires a subcontractor to work in a drug-free work place shall secure from that subcontractor the following written certification:

“As part of the subcontracting agreement with (Contractor’s name), (Subcontractor’s name) certifies to the Contractor that a drug-free workplace will be provided for the subcontractor’s employees during the performance of this Contract pursuant to Paragraph (7) of Sub-section (b) of

Code Section 50-24-3”.

c. The Contractor further certifies that he will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract.

d. Contractor may be suspended, terminated, or debarred if it is determined that:

(1) The Contractor has made false certification hereinabove; or

(2) The Contractor has violated such certification by failure to carry out the requirements of the Official Code of Georgia Section 50-24-3.

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18. Georgia Security and Immigration Compliance Act Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the successful Contractor understands and agrees that compliance with the requirements of O.C.G.A.13-10-91 and Georgia

Department of Labor Rule 300-10-02 are conditions of this proposal and contract document. The

Contractor further agrees that such compliance shall be attested by the Contractor and any of his

Subcontractors by execution of the appropriate Affidavit and Agreement which will be included and become a part of the Agreement between Henry County and the successful Contractor.

19. Supplier Inclusion Program Small, local, veteran-owned, Disadvantaged Business Enterprise (DBE), and female-owned business enterprises are encouraged to participate in the solicitation process. Please see the Supplier Inclusion

Program form for a description of each of these type businesses.

20. Disadvantaged Business Enterprise (DBE) Policy:

The DBE goal is 17.6%. This percentage is a goal and not a quota. DBE requirements are governed by

49 CFR Part 26 and apply to all federally funded projects.

21. Delivery and F.O.B. Destination

a. All prices shall include shipping and delivery cost to our destination; F.O.B., Henry County, Georgia, unless otherwise requested. The proposer shall handle all material procurement, storage and delivery to project site. Unless otherwise specified in this specification, proposer shall supply all materials required. The County will grant no allowance for boxing, crating or delivery unless specifically provided for in this proposal. The proposer shall retain title for the risk of transportation, including the filing for loss or damages.

b. The County desires delivery of the product(s) or service(s) as specified at the earliest possible time after the date of award. Unreasonable delivery may be cause for disqualifying a proposal. Each firm shall state a definite delivery time and avoid using general terms such as "ASAP" or approximately so many days.

22. Discounts Cash discounts for early payment (i.e. 2%-10) or Net 30 terms should be shown separately, even if terms are Net.

23. County’s Tax Exemption Henry County is exempt from Federal Excise Tax or Georgia Sales Tax with regard to goods and services purchased directly by Henry County. Exemption certificates furnished upon request.

24. Award of Contract

a. Henry County desires to complete the award process in a timely manner. Henry County reserves the right to reject or accept any or all proposals, whole or any parts hereof, by item or group of items, by section or geographic area, or make multiple awards and be the final approval of proposal(s) selection which would be the most advantageous to the County with price and other factors considered. Henry County may elect to waive any technicalities. The proposal will be awarded to highest scored proposer(s), if awarded. The proposal specifications and results will be available on the County’s website:

henrycounty-ga.com/purchasing.

b. Henry County reserves the right to reject any proposal if the evidence submitted by or investigation of, the proposer fails to satisfy the County that the proposer is properly qualified to carry out the obligations of the Contract. If the successful proposer defaults on their proposal, an award may be made to the next low responsive and responsible proposer.

Responsibility - The determination of the proposer’s responsibility will be made by the County

RFP #24-10, Henry County Local Bus Stops Creative Placemaking Plan Page 9 of 30 based on whether the proposer meets the following minimum standard requirements:

• Maintains a physical location presence and permanent place of business.

• Has the appropriate and adequate technical experience required.

• Has adequate personnel and equipment to perform the work expeditiously

• Able to comply with the required or proposed delivery and installation schedule.

• Has a satisfactory record of performance.

• The ability of proposer to provide future maintenance and service for the use of the contract under consideration.

• Has adequate financial means to meet obligations incidental to the work.

• Such other factors as appear to be pertinent to either the proposal or the contract.

Responsiveness - The determination of the proposer’s responsiveness will be made by the County based on a consideration of whether the proposer has submitted complete proposal documents meeting proposal requirements without irregularities, excisions, special conditions, or alternatives proposals for any item unless specifically requested in the proposal solicitation.

c. Henry County is subject to making records available for disclosure after the Board of

Commissioners approval of the recommendation. The award shall be made by the Board of

Commissioners of Henry County unless the lowest, qualified bid is less than the Board of

Commissioners’ approval limit. No claim shall be made by the selected Consultant for loss of profit if the contract is not awarded or awarded for less work than is indicated and for less than the amount of the proposal. The total of the awarded contract shall not exceed the available funds allocated for the proposal project.

25. Local Vendor Privilege

a. There is established in Henry County, a local vendor privilege. Bids or proposals awarded to local vendors contribute to the local tax base and will therefore be given special consideration when bidding against out-of-jurisdiction (out-of-county) vendors. Bids or proposals received from local vendors will be given preference if such bid or proposal is responsive and within five

(5) percent of the low bid submitted by any out-of-county bidder. In such instance, the local vendor will be given the opportunity to match the low bid offered by the out-of-county vendor. If such local vendor agrees to match the low bid received from the out-of-county vendor within the time specified by the county, the bid shall be awarded to the local vendor.

b. A local vendor shall only be eligible to receive the benefit of this privilege if it meets each of the following requirements prior to any award of a contract or purchase:

(1) The business or supplier must operate and maintain a regular place of business within the geographical boundaries of Henry County; and

(2) The business or supplier must have a current occupational tax certificate; and

(3) The business or supplier must have paid all real and personal taxes owed the county; and

(4) The business or supplier must certify its compliance with the Georgia Security and

Immigration Act.

c. This policy shall not apply to any bid or proposal for material, equipment or services in excess of one hundred thousand dollars ($100,000.00). In such cases, the bid award shall be subject to the competitive bidding requirements as otherwise provided herein or general law.

26. County Direction of Project Site and Monitoring of Work

a. The Contractor may have a Project Coordinator, but the project site shall remain under the control of Henry County. The Contractor shall provide and make available an appointee to Henry County for project coordination and supervision of Proposer installation personnel. Coordination consist of meeting with the Henry County representatives to review the project; on site walk throughout of installation area(s) before the installation begins; review installation procedures; review installation progress and to handle any problems during installation until project completion.

b. The successful Proposer will promptly correct all work rejected by the County as faulty, defective, RFP #24-10, Henry County Local Bus Stops Creative Placemaking Plan Page 10 of 30 or failing to conform to the Minimum Specifications and/or to consensus standards adopted by both government and industry governing the repairs, whether observed before or after substantial completion of the work, and whether or not fabricated, installed, or completed. The successful

Proposer will bear all costs of correcting such rejected work.

c. The Contractor shall insure all trash generated by work performed shall be removed from the site and properly disposed as each work operation is completed in a given area. Additionally, the

Contractor shall ensure all disturbances to the area where the Contractor performed work are restored to the same condition prior to start of the project. If an inspection reveals that the

Contractor fails to clean up after work has been performed. The County will notify the Contractor of the discrepancy and the Contractor will have twenty-four (24) hours to make the correction.

Should the Contractor still fails to clean the area, the County reserves the right to make other arrangements to have the area cleaned and the County shall deduct the cost from the Contractor’s invoice.

d. No one except authorized employees of the Contractor is allowed on the premises of Henry County facilities. Contractor employees are not to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor.

e. All information disclosed by Henry County to the successful Contractor for the purpose of the work to be done or information that comes to the attention of the successful Contractor during the course of performing such work is to be kept strictly confidential.

27. Indemnification

a. The vendor that is selected as the contractor shall, at its own expense, protect, defend (but only to the extent not prohibited by O.C.G.A. §13-8-2(c)), indemnify, save and hold harmless Henry

County and its elected and appointed officers, employees, servants and agents from all claims, damages, lawsuits, costs and expenses including, but not limited to, all costs from administrative proceedings, court costs and attorney fees that Henry County and its elected and appointed officers, employees, servants and agents may incur as a result of the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the

Contractor in the performance of the contract.

b. The contractor’s indemnification responsibility under this section shall include the sum of damages, costs and expenses which are in excess of the sum of damages, costs and expenses which are paid out in behalf of or reimbursed to the County, its officers, employees, servants and agents by the insurance coverage obtained and/or maintained by the contractor, but only to the extent and for such claims as are permitted under O.C.G.A. §13-8-2(c).

28. Controlling Law, Venue Any dispute arising as a result of this proposal and/or an Agreement which was created from the terms, conditions and specifications of this document or their interpretation, litigation shall only be entered into and shall be performed in Henry County, Georgia. This Agreement shall be governed by the applicable laws of the County of Henry and the State of Georgia. Any dispute arising out of the agreement, this proposal solicitation, its interpretations, or its performance shall be litigated only in the County of Henry

Judicial Courts.

29. Contractor as Independent Contractor In conducting its business hereunder, Contractor acts as an independent contractor and not as an employee or agent of County. The selection, retention, assignment, direction and payment of Contractor’s employees shall be the sole responsibility of Contractor.

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30. Assignment The Agreement, in whole or any part hereof, created by the award to the successful contractor shall not be sold, not be assigned or transferred by Contractor by process or operation of law or in any other manner whatsoever, including intra-corporate transfers or reorganizations between or among a subsidiary of

Contractor, or with a business entity which is merged or consolidated with Contractor or which purchases a majority or controlling interest in the ownership or assets of Contractor without the prior written consent of Henry County.

31. Owner and Ownership of Documents The Henry County Board of Commissioners, 140 Henry Parkway, McDonough, Georgia 30253 is the owner of the proposed work. Reports and all relevant data such as maps, diagrams, plans, designs, electronic data, statistics, specifications, and other supporting records or drawings compiled or prepared in the course of performance of the services required by this contract shall be the absolute property of the County and shall not be used by the Contractor for purposes unrelated to this contract without the prior written approval of the County. Such original documents shall be turned over to the County upon completion of the project except that Contractor shall have the right to retain copies of the same.

32. Performance of Contract

a. Henry County reserves the right to enforce the Contractor’s performance of this Agreement in any manner prescribed by law or deemed to be in the best interest of the County in the event of breach or default or resulting contract award. It will be understood that time is of the essence in the Bidder’s performance.

b. The successful Contractor shall execute the entire work described in the Contract Documents, except to the extent specifically indicated in the Contract documents to be the responsibility of others.

c. The Contractor accepts the relationship of trust and confidence established by the award of this bid solicitation. The Contractor covenants with the County to utilize the Contractor’s best skill, efforts and judgment in furthering the interest of the County; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers and materials; and to perform the work in the best way and most expeditious and economical manner consistent with the interest of the County,

d. All purchases for goods or services are subject to the availability of funds for this particular purpose.

33. Default and Termination

a. Termination by Contractor

The agreement resulting from this bid shall be subject to termination by Contractor in the event of any one or more of the following events: The default by County in the performance of any of the terms, covenants or conditions of this Agreement, and the failure of County to remedy, or undertake to remedy such default, for a period of thirty (30) days after receipt of notice from

Contractor to remedy the same.

b. Termination by County

The agreement resulting from this bid shall be subject to termination by the County at any time in the opinion of the County; the contractor fails to carry out the contract provisions of any one or more of the following events:

(1) The default by Contractor in the performance of any of the terms, covenants or conditions of the Agreement, and the failure of Contractor to remedy, or undertake to remedy with sufficient forces and to the County’s reasonable satisfaction, the County shall provide the vendor with notice of any conditions which violate or endanger the performance of the

Agreement. If after such notice the Contractor fails to remedy such conditions within thirty

(30) days to the satisfaction of the County, the County may exercise their option in writing

RFP #24-10, Henry County Local Bus Stops Creative Placemaking Plan Page 12 of 30 to terminate the Agreement without further notice to the Contractor and order the

Contractor to stop work immediately and vacate the premises, to cancel ordered products and/or services with no expense to the County.

(2) Contractor files a voluntary petition in bankruptcy, including a reorganization plan, makes a general or other assignment for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the property or affairs of Contractor and such receivership is not vacated within thirty (30) days after the appointment of such receiver.

(3) Contractors’ failure to conduct services according to the approved bid specifications.

(4) Contractors’ failure to keep, perform, or observe any other term or condition of this

Agreement.

(5) Contractor’s performance of the contract is unreasonably delayed.

(6) Should the successful Bidder fail to provide the commodities or services when ordered, and in accordance with the General Terms and Conditions, specifications and any other requirements contained herein are not met, the County reserves the right to purchase commodities or services covered by this contract elsewhere if available from an alternate source.

(7) The Contractor agrees by its bid submission that the County’s decision is final and valid.

c. Force Majeure

Neither party shall be held to be in breach of the Agreement resulting from this bid, because of any failure to perform any of its obligations hereunder if said failure is due to any act of God, fire, flood, accident, strike, riot, insurrection, war, or any other cause over which that party has no control. Such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event and the obligation of the party giving such notice shall endeavor to remove or overcome such inability with all reasonable dispatch.

d. Waiver

The waiver of any breach, violation or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver any subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereof.

34. Invoices Invoices and/or statements should not be faxed but originals must be mailed directly to:

Henry County Board of Commissioners

Finance Department

140 Henry Parkway

McDonough, GA 30253

The following information must appear on all invoices submitted:

• Name and address of successful Bidder;

• Detailed breakdown of all charges for the services or products delivered stating any applicable period of time;

• Henry County’s Purchase Order Number and Bid Package number;

• Invoices shall be based upon actual services rendered, actual work performance and/or products delivered.

35. Payment Payment shall be tendered to the successful Bidder upon acceptance and approval by the County for satisfactory compliance with the general terms, conditions and specifications of the bid; by completed services; verification of delivery of products; assurance that the product/service performs as specified

RFP #24-10, Henry County Local Bus Stops Creative Placemaking Plan Page 13 of 30 and warranted; and receipt of a valid invoice.

36. Insurance Requirements General insurance requirements shall be applicable to the Contractor and any authorized subcontractor.

Insurance requirements shall be based on conditions in place as of the date of the Contract's execution.

Insurance companies must be licensed by the Georgia Department of Insurance and the Georgia Secretary of State to do business in the State of Georgia. The County reserves the right to require adjustments in the level of coverage or waive any or all requirements based on information pertinent to this Contract.

The following requirements shall also be applicable to the Contractor:

a. Evidence of insurance must be provided to the Purchasing Department, 140 Henry Parkway, McDonough, Ga. 30253, within five days of execution of this contract and prior to commencing operations under this Contract;

The certificate holder is to be issued to:

Henry County Board of Commissioners

Henry County, Georgia but delivered to:

Henry County Purchasing Department

McDonough, Georgia 30253

The Bid Package number and project name should be referenced in the description of operations. The certificates may be faxed to the Purchasing Department at 770-288-6027.

b. The insurance policy required herein shall include a Project-specific endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement.

c. Any change in coverage or insurance carrier must be reported to the County’s Purchasing Office in writing within five business days of the change.

d. Failure of any Contractor to procure and maintain the required insurance shall not relieve the

Contractor of any liability under the Contract, nor shall these requirements be construed to conflict with the obligation of the Contractor concerning indemnification;

e. Any and all insurance required by this Contract shall be maintained during the entire term of this

Contract;

f. The County shall, without exception, be given no less than thirty (30) days notice prior to cancellation for any and all reasons other than non-payment of premium; and

g. The County shall, without exception, be given immediate notification in the event of cancellation for reasons of non-payment of premium.

h. The Contractor shall procure and maintain insurance coverage in the following particulars:

Workers Compensation Insurance

In the amounts of the statutory limits established by the General Assembly of the State of Georgia (A self-insurer must submit a certificate from the Georgia Board of Workers compensation stating that the

Contractor qualifies to pay its own workers compensation claims.) In addition, the Contractor shall require that all subcontractors occupying the premises or performing the work under the contract to obtain an insurance certificate showing proof of Worker Compensation Coverage with the following minimum coverage:

Georgia Statutory including Employers Liability

Bodily injury by Accident – each employee $100,000

Bodily injury by Disease - each Employee $100,000

Bodily injury by Disease – policy limit $500,000

RFP #24-10, Henry County Local Bus Stops Creative Placemaking Plan Page 14 of 30

Commercial General Liability

Each Occurrence Limit $1,000,000

Personal and Advertising Injury Limit $1,000,000

General Aggregate Limit $2,000,000

Products/Completed Operations Aggregate Limit $2,000,000

Automobile Liability

Combined Single Limit $1,000,000

Professional Liability Limit $1,000,000

RFP #24-10, Henry County Local Bus Stops Creative Placemaking Plan Page 15 of 30

SECTION II - SPECIFICATIONS

A. Project Understanding

Henry County completed and adopted the Henry County Transit Master Plan in January 2022. This Plan recommended the start of a new fixed-route local bus service among various other recommendations. Local Bus

Route “LB-17”, shown below, was determined to have the highest transit ridership potential among the 17 different fixed-routes proposed in the plan following extensive citizen engagement, survey results, and data analysis.

Henry County has secured a $4.8 million Congestion Mitigation & Air Quality (CMAQ) grant from the Atlanta

Regional Commission in 2022 to start this local fixed-route bus service. The County has placed an order for a new bus to operate on this route. In addition, Henry County has been awarded a Community Development

Assistance Program (CDAP) grant by the Atlanta Regional Commission to conduct a detailed tactical study and develop a plan, using consultant services, to transform the proposed bus route to a more transit-friendly corridor by designing bus stops, bus stop signs, bus stop shelters, landscape, sidewalks and crosswalks to make bus stops more accessible, attractive, and a community amenity, flashing beacon lights to slow down vehicles to access bus stops more safely, and many other ideas under the concept called “transit creative placemaking”. In addition, the proposed plan will recommend any land use regulation changes and additions that will foster a transit-friendly corridor along the proposed bus route.

RFP #24-10, Henry County Local Bus Stops Creative Placemaking Plan Page 16 of 30

B. Scope of Work

I. General: The work to be accomplished is in support of the following Atlanta Regional Commission (ARC) sub-element:

002 CAS - Livable Centers Initiative Investment Policy Studies (LCI)

II. Area covered: All the necessary services provided in this subgrant contract will support the study of LCI-related programs and projects within the McDonough, Hudson Bridge, and Stockbridge area, along Henry

Connect bus route LB-17. The study area may extend beyond these limits if needed for logical termini purposes.

III. Goal: Portions of the Atlanta Metropolitan Transportation Planning Area are in maintenance for both ozone and PM2.5 standards under the Clean Air Act Amendments of 1990. Because of this designation, the region must look toward better development practices that support increased use of transportation modes other than single occupant vehicles (SOV) to help reduce emissions and meet air quality requirements. The LCI Program seeks to increase the use of alternatives to driving alone by developing transportation projects and other programs to improve accessibility, expand mixed-uses, utilize transit and support further development in the study area.

Evaluation of the existing structure and development of likely scenarios should produce recommendations for future investment that support ARC’s Livable Centers Initiative Program. Improving safety and walkability will result in increases of the alternatives to driving alone.

IV. Work Tasks:

The subgrantee will work with its on-call transit planning consultant to identify bus stop locations along Henry

Connect bus route LB-17. The subgrantee will develop an implementation strategy for improving commuter bus stops, including safe access to them by all users and modes of travel, along Henry Connect bus route LB-17.

The purpose of this strategy is to improve and enhance bus service and ridership.

Henry County and ARC anticipate the following outcomes from the study:

• Develop creative concepts for commuter bus stops and corresponding signage along Henry Connect bus route LB-17, with arts and culture components that clearly and meaningfully further LCI and specific project goals.

• Identify locations for sidewalks, crosswalks, landscaping, streetscapes and other strategies and infrastructure to ensure safe access to bus stops.

• Develop a framework of policies and programs to help accomplish the projects and concepts.

The work to be accomplished under this contract is divided into the following tasks:

Task 1– Public Involvement:

The goal of this task is to develop a local planning outreach process that promotes the involvement of all stakeholders in or who currently have or may reasonably and foreseeably access the study area, with efforts and accommodations made to include low to moderate income, minority, and elderly or disabled residents of and visitors to the study area. The subgrantee will conduct an outreach process that promotes the involvement of such stakeholders. The ARC Project Manager must be notified of all meetings taking place. The subgrantee shall also work closely with Henry Connect, the City of Stockbridge, and the City of McDonough.

• A logo for the Henry County Bus Stops Creative Placemaking Plan will be created by the consultant team. This logo will go on the cover of the plan document and will be used on the subgrantee’s website and social media channels to publicize this project to the public. For consistency, this logo should be

RFP #24-10, Henry County Local Bus Stops Creative Placemaking Plan Page 17 of 30 similar to the logos that were created for the Henry County Transportation Plan: 2022 Update, the Henry

County Transit Master Plan, and the Henry County Trails Plan.

• Project information shall be uploaded to the subgrantee website to provide basic project information to the public along with project materials and meeting summaries.

• A Project Management Team shall be formed with representatives from Henry County, Henry Connect, and ARC.

• The subgrantee and consultant team will seek input and comments from a project advisory group of major stakeholders.

• The subgrantee and consultant team will seek direct input from current bus commuters, property owners, and residents in the area.

• The subgrantee and consultant teams will work with artists or creative designers with relevant skill, experience, and familiarity with the study area in the development of commuter bus stop concepts and community engagement.

The subgrantee will schedule at least three public open engagement opportunities, in a format determined by the project team. The following topics/milestones should be covered by the public engagement activities (at a minimum):

• Provide an overview of the study process, the goals of the study, key dates, and opportunities for public input.

• Solicit opinions on goals and objectives of the concepts and recommendations.

• Seek input and consensus on preferred concepts and vision.

• Final Plan Review and Transportation Coordination Meetings

A transportation project coordination meeting is required to be conducted prior to finalizing the LCI plan recommendations.