Arch and Const_ Mgmt Svcs RFP.pdf

City of Peachtree City 151 Willowbend Road Peachtree City, GA 30269 Phone: 770-631-2515 Fax: 770-631-2507 PeachtreeCityGA.gov Purchasing Department

April 3, 2025

Ladies and Gentlemen:

The City of Peachtree City will be accepting sealed proposals (one original and three copies) at the office of the Purchasing Department, 151 Willowbend Road, Peachtree City, Georgia 30269, for firms interested in providing professional architectural and construction management related consulting services for the City of Peachtree City under the terms of an annual contract until 2:00 p.m. on Thursday, May 1, 2025. The proposals will be opened at that time and place and the name of each Proposer shall be announced.

The City expects to enter into approximately a one-year contract for services (date of acceptance through September 30, 2025), with the option of extending the contract additional calendar years.

The specifications and requirements are available on the City’s web site at www.peachtree-city.org.

Four copies of the design proposals (one original and three copies) and the separately sealed price proposal are to be submitted in a sealed envelope, with the name of the project (Arch & Const Services # 25-114PES) clearly marked on the face of the envelope. The date and time of opening are also to be included, along with the name of the company submitting the proposal. Items to be included in the proposal package are listed in the attached directions and specifications. The proposal made by any company or firm must be signed in the name of such company or firm in a legal manner by a duly authorized officer; and the principal place of business must be shown (no post office boxes).

Sealed price proposals shall accompany the sealed proposal.

It is the City’s intention to have a panel review the sealed proposals. The panel will base their decisions on the weighted criteria within the Scope of Work.

The City plans to shortlist approximately three to five firms based on their experience, references, and geographic location; this may involve interviews. The City will then open the price proposals of the shortlisted firms and make the final selection. The City Attorney may review and approve any contract and the Peachtree City Council, at a regularly scheduled meeting, will award the contract.

No proposals may be withdrawn for a period of ninety (90) days after the scheduled time to receive the proposal. Any request for clarification must be made in writing (hand delivered, letter, fax, or e-mail – aegan@peachtree-city.org) to Angela Egan, Purchasing Manager, by the close of business, no less than five business days prior to the submission of proposals. Any clarification issued will be in the form of an addendum to the proposal instructions, plans, or specifications and will be issued to all potential offerers not later than seventy-two (72) business hours prior to the time of submission of proposals. Any addendums will also be placed on the City’s web site at www.peachtree-city.org. Although the Purchasing Department will take effort to send any addendum to known firms, it is the proposer’s ultimate responsibility to ensure that they have all applicable addenda prior to submittal. This may be accomplished via contact with the Purchasing Manager or by visiting the City’s website prior to submitting.

http://www.peachtree-city.org/ http://www.peachtree-city.org/ http://www.peachtree-city.org/

The City reserves the right to award the contract on the basis it deems to be in the City’s best interest.

The City will choose the best, responsible, or responsive offer. The City will exercise its discretion in awarding the contract to the offerer who best satisfies the needs of the City. The City also reserves the right to reject any and all proposals and to waive any and all irregularities. The City’s policy and procedures for this process are available in the Purchasing Department for inspection.

Proposals will not be accepted from any person, firm, or corporation who is in arrears in any debt or obligation to the City of Peachtree City or any other governmental entity.

Notice: The logo of the City of Peachtree City is protected and may not be used in submissions to the City. When using a logo, proposers should use only their corporate logos.

Ownership of all data, materials, and documentation prepared for and submitted to the City in response to this request for proposals shall belong exclusively to the City and will be considered a record prepared and maintained or received in the course of operations of a public office or agency and subject to public inspection in accordance with the Georgia Open Records Act, Official Code of Georgia Annotated, Section 50-18-70, et.seq., unless otherwise provided by law.

Sincerely, Angela Egan Purchasing Manager

Attachment

ARE/ARCH & CONST SERVICES – #25-114PES

Index

• Introduction/Scope

• Proposal Submission Requirements

• Rate Schedule

• Forms

• City Contract

CITY OF PEACHTREE CITY

REQUEST FOR PROPOSALS

ARCHITECTUAL AND CONSTRUCTION MANAGEMENT SERVICES

INTRODUCTION

The City of Peachtree City is accepting proposals from qualified firms interested in providing architectural and construction management related consulting services for the City of Peachtree City under the terms of an annual contract. The chosen architectural firm must have at least ten (10) years’ experience in designing and managing the construction and rehabilitation of public facilities.

SCOPE OF WORK

The firm must be able to provide full-service design and construction management services for the construction of public facilities including but not limited to police stations, fire stations, recreation facilities and administrative offices. The firm must also have the capability of providing services from concept to completion of a project including surveying, environmental, geotechnical, structural, and civil-site design as well, either in-house or subcontracted. Projects will be assigned on an as-needed basis with the scope of work and fee to be negotiated for each task ordered.

Proposals must include, at a minimum, the following:

• Cover letter

• Overview of the firm

• Resumes of key personnel

• Relevant project experience, ten (10) year minimum (project data sheets sufficient to describe the scope of the project)

• Narrative on how their firm meets the above experience and Scope of Work requirements.

• At least five (5) references including the customer's name, address, project value, telephone number, email address, and contact person.

• Completion of the rates schedule, attached

• Sample Certificate of Insurance

• Contractor Affidavit (E-verify)

It is anticipated that one firm will be selected on the basis of the following detailed criteria:

• Hourly rates (see attached schedule) 30%

• Ten years’ experience in designing and managing the construction and rehabilitation of public facilities 60%

• References 5%

• Geographic Considerations 5%

The evaluation process is expected to take several weeks and will involve the contribution of a number of key City personnel. The City plans to shortlist approximately three to five firms based on their experience, references and geographic location. The City will then open the price proposals of the shortlisted firms and make the final selection. The final selection will require approval by the Peachtree City Council and will be scheduled once the staff recommendation is complete. Once the Thursday, May 1, 2025, submittal deadline has passed, no updates or information will be made available until final action by the City Council.

Questions regarding this process, types of projects, etc. shall be directed to Mrs. Angela Egan aegan@peachtree-city.org, in writing, until April 24, 2025.

Make note of the following:

• Only the prime firm will be evaluated for the selection criteria outlined in the scope of work.

However, City staff would like to review sub-consultant information to include a company overview and the resume of the primary liaison for the consultants in addition to the prime firm staff.

• This RFP is written with the expectation that an architectural firm will be awarded the contract and act as prime.

• The E-verify affidavit for the firm submitting the proposal must be submitted with proposal. This is state law. "Before a bid for the physical performance of services is considered by the City, the bid must include a signed, notarized affidavit from the contractor " Subs are expected to be submitted upon award; not with this proposal.

• Limit pages to no more than 50 pages of information - (50 single sided or 25 double sided)

– covers, tabs, tables of contents, cover letter and required forms do not count toward the 50.

• Limit projects to your five most recent government related projects

• The City expects that the rate schedule submitted be fixed for the first and all options year.

If more than one rate is submitted the highest rate will be used for evaluation purposes.

• It is possible that under this contract, parks and recreation projects could be included as well as survey and environmental services.

• Disciplines of engineering that might be included under this contract include structural, electrical, mechanical, plumbing, civil and geotechnical, etc.

• Staff does not expect component units of the city to utilize this agreement.

PROPOSAL SUBMISSION

Process for Submitting Proposals

1. Preparation of Proposal Each proposal should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation. If supplemental materials are a necessary part of the technical proposal, the Proposer should reference those materials in the technical proposal, identifying the document(s) and citing the appropriate section and page(s) to be reviewed.

Notice: The logo of the City of Peachtree City is protected and may not be used in submissions to the City. When using a logo, proposers should use only their corporate logos.

2. Packaging of Proposal The Proposer’s response to this Request for Proposal must be divided into two appropriately labeled and sealed packages –a Technical Submission and a Price Proposal.

The contents of each package will include:

1. Technical Submission - This Technical submission must include all required items in the above Scope of Work, except for the hourly rates.

2. Price Proposal - Hourly rates (see schedule)

Do not include cost information in the Technical Submission.

Mark the outside of shipping package as follows:

Name of Company Point of Contact for Company

RFP # 25-114PES

Due no later than Thursday, May 1, 2025, 2:00 p.m.

3. Number of Proposal Copies

1. Technical Proposal

a. One original and three copies

2. Price Proposal

a. One original and three copies

4. Submission of Proposals

Proposals must be submitted to:

Attn: Angela Egan, Purchasing Manager City of Peachtree City 151 Willowbend Road

Peachtree City, GA 30269

Any proposal received after the due date and time will not be evaluated.

5. Rejection of Proposals/Cancellation of RFP

The City reserves the right to reject any or all proposals, to waive any irregularity or informality in a proposal, and to accept or reject any item or combination of items, when to do so would be to the advantage of the City. It is also within the right of the City to reject proposals that do not contain all elements and information requested in this document. The City reserves the right to cancel this RFP at any time. The City will not be liable for any cost/losses incurred by the Proposer throughout this process.

Rate Schedule

Unit Rates

Basic Service Rates

Principal $_________/hr

Project Manager $_________/hr

Senior Professional $_________/hr (Architect, Engineer, Interior Designer, etc.)

Professional $_________/hr (Architect, Engineer, Interior Designer, etc.)

Pre-Professional $_________/hr (Architect, Engineer, Interior Designer, etc.)

Senior Administrator $_________/hr

Clerical $_________/hr

Special Service Rates

Information Technology (IT) Technician $_________/hr

CAD Professional $_________/hr

Senior Administrative Assistant $_________/hr

Administrative Assistant $_________/hr

Clerical $_________/hr

Subconsultants Cost + %_________ If particular class employee is not part of your organization, put N/A.

FORMS

GEORGIA SECURITY & IMMIGRATION COMPLIANCE ACT OF 2006

Federal Work Authorization Program (§ O.C.G.A. 13-10-91)

The City may not enter into a contract for the physical performance of services unless the contractor registers and participates in the federal work authorization program. “Physical performance of services” is defined as the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to public property within Georgia, including the construction, reconstruction, or maintenance of all or part of a public road; or any other performance of labor for a public employer within Georgia under a contract or other bidding process”.

Although the Georgia law for private employers has a structured phase-in timeline in an attempt to ease private employers into compliance based upon their business size, only those companies registered with, authorized to use and currently using the federal work authorization program commonly known as E- Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in § O.C.G.A. 13-10-91, shall be considered.

Before a bid for the physical performance of services is considered by the City, the bid must include a signed, notarized affidavit from the contractor attesting to the following:

(1) The affiant has registered with, is authorized to use, and uses the federal work authorization program.

(2) The user identification number and date of authorization for the affiant;

(3) The affiant will continue to use the federal work authorization program throughout the contract period; and

(4) The affiant will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the same information as required in numbers 1-3 above.

If a contractor does not have any employees and does not intend to hire any employees, in lieu of the above affidavit the contractor may provide a coy of state-issued driver’s license or identification cared to the City for each independent contractor utilized in satisfaction of part or all of the contact with the City.

However, a driver’s license or identification card will be acceptable if it is issued by a state that verifies lawful immigration status. The Georgia Attorney General will provide a list of states that verify lawful immigration status and post this list on its website. The City must confirm that all of the copies of driver’s licenses and identification cards presented to it come from states that verify lawful immigration status.

State law requires that before a bid/proposal for the physical performance of services is considered by the City, the bid/proposal must include a signed, notarized affidavit from the contractor. Subcontractor affidavit(s) would be required only upon award.

Contractor Affidavit under O.C.G.A. § 13-10-91(b)(l)

The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any contract to which Contractor is a party that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with O.C.G.A. § 13-10-91, attesting as follows:

a) The Contractor has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program;

b) The Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof;

c) The Contractor will notify the public employer in the event the Contractor ceases to utilize the federal work authorization program during the contract period, including renewals or extensions thereof;

d) The Contractor understands that ceasing to utilize the federal work authorization program constitutes a material breach of Contract;

e) The Contractor will contract for the performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the Contractor with the information required by O.C.G.A. § 13-10-91(a), (b), and ( c);

f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s) subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to which Contractor is a party after the date hereof without further action or consent by Contractor; and

g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to the public employer within five business days of receipt.

Federal Work Authorization User Identification Number Date of Authorization

Name of Contractor Name of Project

Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on , , 20 in (city), (state).

Signature of Authorized Officer or Manager

Printed Name and Title of Authorized Officer or Manager

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE DAY OF , 20 .

NOTARY PUBLIC My Commission Expires:

Subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(4)

By executing this affidavit, the undersigned sub-subcontractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract for (name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract) and (name of contractor) on behalf of (name of public employer) has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.

Furthermore, the undersigned sub-subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned sub- subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the sub-subcontractor with the information required by O.C.G.A. § 13-10-91(b). The undersigned sub-subcontractor shall submit, at the time of such contract, this affidavit to (name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract). Additionally, the undersigned sub-subcontractor will forward notice of the receipt of any affidavit from a sub-subcontractor to (name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract). Sub- subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Sub-subcontractor

Name of Project

Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , , 202__ in _______________(city), _ (state).

Signature of Authorized Officer or Manager

Printed Name and Title of Authorized Officer or Manager

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE DAY OF ,202 .

NOTARY PUBLIC

My Commission Expires:

AGREEMENT FOR ARCHITECTURAL SERVICES

THIS AGREEMENT, made and entered into by and between PEACHTREE CITY, GEORGIA, 151 Willowbend Road, Peachtree City, Georgia 30269, hereinafter called the "OWNER", and _____________________, a corporation chartered and existing under the laws of the State of Georgia, hereinafter called the "CONSULTANT".

WITNESSETH:

WHEREAS, the OWNER has need of professional architectural services for the project described as __________________________(hereinafter the “Project”);

NOW, THEREFORE, for and in consideration of the covenants and promises to be carried out by each party herein, it is agreed by and between the parties that the OWNER shall and does hereby employ said CONSULTANT to provide certain professional architectural services in connection with the Project as follows:

ITEM A - CONSULTANT'S SERVICES

The specific services which the CONSULTANT agrees to furnish and the terms the CONSULTANT agrees to follow are set forth in Appendix A. Signature by a representative of the OWNER on each Task Order shall constitute authorization to proceed by the CONSULTANT for services defined by that Task Order.

ITEM B- CONSULTANT'S COMPENSATION

The OWNER shall compensate the CONSULTANT for providing the services enumerated in ITEM A in accordance with the compensation method and amount identified in Appendix B.

ITEM C - TERMS AND CONDITIONS OF AGREEMENT

1. AGREEMENT TO PROCEED. This AGREEMENT shall be in effect from the signature date until it is terminated. Signing this form shall allow Task Orders to be issued by the OWNER in accordance with ITEM A.

2. PAYMENT OF CONSULTANT. Monthly invoices will be issued by CONSULTANT for all work performed under the terms of this AGREEMENT and in accordance with the payment provisions of each Task Order. Invoices are due and payable within thirty

(30) days of receipt of a complete application for payment, subject to the review and approval of OWNER. In addition to any other remedies CONSULTANT may have, CONSULTANT shall have the absolute right to cease performing any basic or additional services in the event payment has not been made, without any liability to OWNER, pending payment of OWNER's outstanding indebtedness. An interest charge of one percent per month will be added to invoices not paid within thirty days.

3. STANDARD OF CARE FOR CONSULTANT. CONSULTANT shall be responsible to the level of care and skill ordinarily used by practicing professional consultants in the same type of work in the OWNER'S community, for the professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other services and materials furnished under this AGREEMENT. CONSULTANT makes no other warranty, express or implied, with regard to its capacity, the work to be performed under this AGREEMENT, or the ultimate performance or compliance of the project.

4. PROJECT INFORMATION. OWNER shall furnish, or cause to be furnished to CONSULTANT, all documents and information known to OWNER that relate to the identity, location, quantity, nature or characteristics of any hazardous waste, environmentally sensitive material, and/or asbestos at, on, or under the project. In addition, OWNER will furnish, or cause to be furnished, such other reports, data, studies, plans, specifications, documents, information on surface and subsurface site conditions, and any other information required by CONSULTANT for proper performance of its services. CONSULTANT shall be entitled to rely upon OWNER-provided documents and information in performing the services required under this AGREEMENT; however, CONSULTANT assumes no responsibility or liability for the accuracy or completeness of such OWNER- provided documents.

5. COST ESTIMATES AND TIME SCHEDULES. Any opinions of construction costs provided by CONSULTANT will be on a basis of experience and judgment, but since CONSULTANT has no control over market conditions or bidding procedures, CONSULTANT cannot warrant that bids or ultimate construction costs will not vary from these cost estimates. Additionally, any opinions of time schedules provided by CONSULTANT will be on the basis of experience and judgment. However, since CONSULTANT has no control over permitting authority time frames, market conditions or weather related delays, CONSULTANT cannot warrant that schedules will not vary from the actual time frames.

6. CONSTRUCTION MONITORING. Any construction inspection or testing provided by CONSULTANT is for the purpose of determining the Consultant's compliance with the functional provision of the project contract documents only.

CONSULTANT in no way guarantees or insures Consultant's work, nor assumes responsibility for construction means and methods used by Consultant, nor for jobsite safety, nor for Consultant's compliance with any State or Federal laws and regulations. OWNER agrees that in accordance with generally accepted construction practices, the construction Consultant will be required to assume sole and complete responsibility for jobsite conditions during the course of construction of the project, including safety of all persons and property and that this responsibility shall be continuous and not be limited to normal working hours.

7. EXISTING CONDITIONS AND RESPONSIBILITIES.

OWNER acknowledges that CONSULTANT and its subconsultants have played no part whatsoever in the creation of any existing hazardous waste, pollution sources, nuisance, or chemical or industrial disposal problem which may exist or be discovered and that CONSULTANT has no responsibility beyond informing OWNER of the discovered condition in a reasonable manner of time. CONSULTANT and its subconsultants, agents and employees shall not be responsible for any costs to cover claims, damages, losses and/or expenses (direct, indirect, and consequential), including, but not limited to, fees and charges of attorneys and court costs, arising out of existing conditions before, during and after the performance of the services by CONSULTANT. OWNER recognizes and agrees that CONSULTANT has assumed responsibility for making only those investigations, reports, and recommendations to the OWNER that are specifically included within the CONSULTANT'S SCOPE OF SERVICES. OWNER acknowledges and agrees that the sole responsibility for making any disclosures or reports to any third party, for the taking of corrective, remedial, or mitigating action shall be solely that of

OWNER.

8. PROJECT PROGRESS. CONSULTANT's services and compensation under this

AGREEMENT have been agreed to in anticipation of the orderly and continuous progress of the project through completion.

9. PROJECT TIME. Should completion of the services be delayed for cause(s) beyond

CONSULTANT's responsible control, including, but not limited to, force majeure, the time for performance shall be extended for a period at least equal to the delay and the parties will mutually agree on the terms and conditions upon which the services may be continued.

10. PROJECT DELAYS. The CONSULTANT will prepare drawings, specifications and/or reports in a timely manner, but it is agreed between the parties to this AGREEMENT that the CONSULTANT cannot be responsible for delays occasioned by factors beyond CONSULTANT's control, nor by factors which could not reasonably have been foreseen at the time this AGREEMENT was prepared and executed.

11. LIMITATION OF PROFESSIONAL SERVICES. Unless expressly stated to the contrary, the professional services to be provided by the CONSULTANT do not include meetings and consultations in anticipation of litigation or arbitration or attendance as an expert witness in any deposition, hearing or arbitration. If requested, these services will be provided by an amendment to this AGREEMENT, setting forth the terms of compensation to be received by the CONSULTANT.

12. CONFIDENTIALITY. The CONSULTANT shall not disclose nor permit disclosure of any information specifically designated by the OWNER as confidential, except to its employees and other subconsultants who need such information in order to properly execute the services of this AGREEMENT.

13. OWNERSHIP OF WORK PRODUCT. Upon completion of the project, the work product, i.e. the drawings, reports and other material provided to the OWNER by the CONSULTANT become the property of the OWNER. CONSULTANT may keep copies of all work products and reuse as CONSULTANT may choose. OWNER agrees to use the work product solely for the project covered by this Agreement. Should the OWNER reuse any portion of the work product without the CONSULTANT'S written approval, the OWNER shall assume full responsibility and liability for such use.

14. SEVERABILITY; SURVIVAL.

If any of these TERMS AND CONDITIONS OF AGREEMENT shall be finally determined to be invalid or unenforceable in whole or part, the remaining provisions hereof shall remain in full force and effect, and be binding upon the parties hereto. The parties agree to reform this AGREEMENT to replace any such invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the intention of the stricken provision. These TERMS AND CONDITIONS OF AGREEMENT shall survive the completion of the services under this AGREEMENT and the termination of this AGREEMENT for any cause.

15. DATE CHANGES. If in this AGREEMENT specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided and if such periods of time or dates are changed through no fault of CONSULTANT, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment.

16. ASSIGNMENTS. Each party binds himself and his partners, successors, executors, administrators and assigns to the other party of this AGREEMENT, and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this AGREEMENT. Neither party shall assign, sublet or transfer his interest in this AGREEMENT without the written consent of the other.

However, CONSULTANT may subcontract any portion of the work to be performed hereunder without such consent.

17. TERMINATION. Either party may terminate this AGREEMENT at any time by giving thirty days (30) notice to the other party. If this AGREEMENT is terminated, the CONSULTANT shall be compensated for work actually performed and expense incurred up to the date of termination.

18. WAIVER. No waiver by either party of any default or non-performance by either party shall be considered a waiver of any subsequent default or non-performance.

19. RECORD RETENTION. All records related to this AGREEMENT shall be retained by both parties for a period of four (4) years after the conclusion of this AGREEMENT.

Records relating to any claim arising out of the performance of this AGREEMENT or costs and expenses of this AGREEMENT to which exception has been taken by either party shall be retained by the other party until the claim has been resolved.

20. USE AND TRANSFER OF ELECTRONIC MEDIA FILES. In accepting or using electronic media files ("Files") provided by CONSULTANT, OWNER agrees that all such Files are instruments of professional service and CONSULTANT shall remain the Owner of Files. Copies of documents that may be relied upon by the OWNER are limited to the printed copies (also known as hard copies) provided by the CONSULTANT. Any conclusion or information obtained or derived from such Files will be at the user's sole risk. In the event of a conflict between the hard copies prepared by the CONSULTANT and the Files, the hard copies shall govern. The OWNER agrees not to reuse these Files, in whole or in part, for any purpose or project other than the project that is the subject of this AGREEMENT. Except as otherwise required by law, the OWNER agrees not to transfer these Files to others without the prior written consent of the CONSULTANT and further agrees to waive all claims against the CONSULTANT resulting in any way from any unauthorized alterations, modifications and/or additions to the Files as well as reuse of the Files for any other project.

21. INTEGRATION CLAUSE/EFFECT OF PRIOR GREEMENTS/PRECEDENCE.

This AGREEMENT is intended by the parties as the final and binding expression of their general/master agreement and as the complete and exclusive statement of the terms thereof. This AGREEMENT supersedes and revokes all prior negotiations, representations and agreements, whether oral or written, relating to the subject matter hereof. Furthermore, these TERMS AND CONDITIONS OF AGREEMENT shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice to proceed, or like document regarding CONSULTANT's agreement for general services. Subsequent Task Orders may change the terms of this AGREEMENT for that particular Task Order, if expressly written in the Task Order; however, these TERMS AND CONDITIONS OF AGREEMENT shall remain in effect for all other Task Orders.

22. GOVERNING LAW. This AGREEMENT shall be governed in all respects by the laws of the State of Georgia and all other applicable laws.

23. NON-APPROPRIATION OF FUNDS. The CONSULTANT acknowledges that the Owner cannot contract for the payment of funds not yet appropriated by the City

Council of Owner. If funding to a Department is reduced due to an order by the OWNER or the Governor, or is required by State law, or if federal funding (when applicable) is not provided, the OWNER may terminate this contract or proportionately reduce the services and purchase obligations.

24. IMMIGRATION LAW COMPLIANCE. CONSULTANT shall satisfy all requirements of Federal and Georgia law with respect to immigration verification requirements, including, but not limited to, submittal of all required E-Verify compliance and related documents to the City.

ITEM D - THE OWNER'S RESPONSIBILITIES

The OWNER shall:

1. Upon request from the CONSULTANT, provide all criteria and full information as to OWNER'S requirements for the project, including project objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all standards which the OWNER will require to be included in the work products.

2. Assist CONSULTANT by placing at their disposal all available information pertinent to the project.

3. Examine all studies, reports, sketches, opinions of the construction costs, specifications, drawings, proposals and other documents presented by the CONSULTANT to the OWNER, and promptly render in writing the decisions pertaining thereto within a period mutually agreed upon.

4. Designate in writing a person to act as the OWNER's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have complete authority to transmit instructions, receive information, interpret and define the OWNER's policies and decisions with respect to materials, equipment, elements and systems pertinent to the CONSULTANT's services and to bind OWNER with respect to these items.

5. Give prompt written notice to the CONSULTANT whenever the OWNER observes or otherwise becomes aware of any development that affects the satisfactory completion of the project.

6. Furnish all required approvals and permits from all governmental authorities having jurisdiction over the project, and such approvals and consents from others as may be necessary for completion of the project.

IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this, the _____ day of _________________________, 2025.

PEACHTREE CITY, GEORGIA

BY: ______________________________

Signature

Print Name

TITLE: ______________________________

CONSULTANT

BY: ______________________________

Signature

Print Name

TITLE: ______________________________

Appendix A: Scope of Services

Consultant will prepare a Task Order. Work for the Task Order will include:

• Working Closely with City Staff on all aspects of the project to identify needed services from the Consultant.

• Prepare Task Order outlining all the tasks to be used for the particular phase/scope of work being requested.

• Prepare fee for the Task Order for review and acceptance by the Owner utilizing the fee information in Appendix B.

The work required by the Consultant itemized on the Task Order may include, but not limited to the following:

SCHEMATIC/CONCEPTUAL DESIGN SERVICES

Review of all existing aspects of the Structure and/or Site Incorporation of ADA, Life Safety, and GDOT requirements Coordination of Owner Supplied information Architectural Design Structural Design Civil Design and Sidewalk improvements materials Research and Specification Project Phasing and Development Scheduling Preliminary Cost Estimating

THIS COMPLETED PACKAGE WILL BE SUBMITTED TO THE OWNER FOR

REVIEW PRIOR TO PROCEEDING WITH THE NEXT PHASE.

DESIGN DEVELOPMENT SERVICES

• Refinement of Schematic/Conceptual plan

• Development/Review of Code Requirements with Owner and Agencies

• Civil, Structural, Mechanical, and Electrical Coordination

• Incorporation of all approved aspects and features

• Material Research and Specifications

CONSTRUCTION DOCUMENT SERVICES

Development of Final Construction Documents Final Coordination and Document Checking Agency Consulting Review/Approval Complete Design Documentation Execution of Complete Construction Documents Approval of Bid Documents by all Agencies

BIDDING SERVICES

Review of Bids Bidding Negotiation Issuance of any necessary Addenda Analysis of Alternates/Substitutions Bid Evaluation with Owner Preparation of Construction Contract Agreements

CONSTRUCTION CONTRACT ADMINISTRATION SERVICES

Review of proposed scheduling and phasing

Perform Construction Inspections for Compliance with Approved Plans and Specifications (Frequency to be Determined after Coordination with Consultant and Owner)

Review of Change Orders Closeout Inspections Warranty Review with Owner Review of Pay Applications

Appendix B: FEE INFORMATION

TASK ORDER:

The Task Order will include all aspects of work needed to provide the City with a thorough, detailed professional Architectural Report (PAR) for the Application and the fee for work, once awarded is a comprehensive figure which covers all aspects of the work needed for the applicable portion of the project.

Reimbursable expenses: Reimbursable expenses are limited to printing. There will be no other reimbursable or any other miscellaneous charges (i.e. Travel, Computer time, etc.)

Additional Services: There will be no Additional Services fees charged.

CONSULTANT will provide all work necessary to ensure that the documents are thorough and concise. Work will include all Project Meetings, Presentation Boards, Public Meetings, Budget Meetings, travel, computer, etc.

Hourly Rates: Description Hourly Rate

Principal $_________/hr

Project Manager $_________/hr

Senior Professional $_________/hr (Architect, Engineer, Interior Designer, etc.)

Professional $_________/hr (Architect, Engineer, Interior Designer, etc.)

Pre-Professional $_________/hr (Architect, Engineer, Interior Designer, etc.)

Senior Administrator $_________/hr

Special Service Rates

Information Technology (IT) Technician $_________/hr

CAD Professional $_________/hr

Senior Administrative Assistant $_________/hr

Administrative Assistant $_________/hr

Subconsultants Cost + %_________

Hourly rates will only be charged if approved, in writing, by Owner prior to such charges being incurred.

Appendix C: INSURANCE REQUIREMENTS

Insurance

A. Requirement:

Consultant 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 Consultant, his agents, representatives, employees, or sub-consultants.

B. Minimum Limits of Insurance:

Consultant 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 Consultants and contractual liability (specifically covering the indemnity), broad-from 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).

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. 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.

iv. Professional Liability (Errors and Omissions) Coverage: $2,000,000 per claim and in the aggregate is required, in the event a Consultant 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.

C. Deductibles and Self-Insured Retention

Any deductibles or self-insurance retentions must be declared to and approved by Owner so that Owner may ensure the financial solvency of the Consultant. At the option of Owner, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Owner, its officers, officials, and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Consultant 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) Additional Insured Requirement. Peachtree City, 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 Consultant; products and completed operations of the Consultant, premises owned, leased, or used by the Consultant; and automobiles owned, leased, hired, or borrowed by the Consultant.

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 Consultant to provide liability insurance coverage to the any Insured Party for claims asserted against such Insured Party for its sole negligence.

(b) Primary Insurance Requirement. The Consultant'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 self-insurance maintained by the Insured Parties shall be in excess of the Consultant's insurance and shall not contribute with it.

(c) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties.

(d) Separate Coverage. Coverage shall state that the Consultant's insurance shall apply separately to each Insured Party against whom claim is made or suit is brought.

(e) 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 Consultant 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 Consultant, its agents, representatives, employees or sub-Consultants. The insurer shall agree to waive all rights of subrogation against Owner, and its officers, officials, employees and volunteers for losses arising from the work performed by the Consultant 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 Consultant 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 Peachtree City. 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 Consultant 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 the City. All policies shall be subject to approval by the City’s Attorney’s as to form and content.

(iii) Failure of Insurers.

The Consultant 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

Consultant 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 Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage.

I. Sub-Consultants

Consultant shall include all sub-Consultants as insureds under its policies or shall furnish separate certificates and endorsements for each sub-Consultant. All coverage for sub- Consultants shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds.