CMAR RFQP ROPER PARK _ RFP_2026_6122_001.pdf
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- Attached to
- Construction Management at Risk Services - New Aquatic Center and Improvements at Roper Park
- Solicitation number
- PE-77197-NONST-2026-000000016
- Issued by
- Peach County, Georgia
About this file
This is a Request for Qualifications and Price Proposal issued by Pickens County Government in Georgia for Construction Management at Risk Services for the Roper Park Improvements Project. The project comprises two components: an Aquatic Facility Component involving construction of a new 21,385 square foot aquatic facility, and a Major Park Improvements Component including four new baseball fields, renovation of five existing baseball fields, renovation of three soccer fields, a new maintenance shop, two new concession buildings, and landscape and irrigation system installation. Each component will include both a Preconstruction Phase and a Construction Phase. The mandatory Pre-Proposal Conference and Site Inspection is scheduled for August 26, 2026 at 1:00 PM at the Pickens County Administration Building located at 1266 East Church Street, Jasper, Georgia 30143. Sealed proposals must be received by Miranda McDowell, Finance Director, at the same address no later than 4:30 p.m. on September 11, 2026. The Construction Manager will be responsible for project planning, estimating, value engineering, arranging and awarding trade contracts, managing construction, and implementing a one-year warranty period with warranty inspections.
The selection process will follow a five-step evaluation methodology including preliminary evaluation to produce a shortlist, interviews by a Recommendations Committee, committee evaluations, recommendations to the Board of Commissioners, and final selection by the Board. Evaluation criteria include qualitative factors such as professional staff capability, project approach, experience on similar projects, past performance, and references, as well as the quantitative factor of proposed fees and costs. The award will not be based solely on lowest fees but will also consider quality, references, and other subjective criteria at the discretion of the evaluators. Design documents are available by requesting the preliminary bid set of construction plans from pmillard@DCCM.com. Pickens County reserves the right to issue addenda and clarifications through its official procurement website at www.pickenscountyga.gov, which serves as the sole official source for all RFQ/P information, and proposing firms are responsible for monitoring the website and acknowledging receipt of all addenda in their proposals.
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Notice - Request for Qualifications and Price Proposal
Date Issued: August 10, 2026 RFQ/P Title: Construction Management at Risk Services for the Roper Park Improvements Project
RFP #2026-6122-001
To all potential Proposing Firms:
This email and the attached Request for Qualifications and Price Proposal (“RFQ/P”) concerns the following project being commissioned by the Pickens County Government (“Pickens County”) under the direction of the Board of Commissioners of Pickens County, Georgia (“BOC”) and its Chairman:
Construction Management at Risk Services for the Roper Park Improvements Project
Pickens County is seeking proposals from qualified Proposing Firms for the performance of construction management at risk services (“CMAR Services”) for the Roper Park Improvements Project (“Project”), which will be comprised of two (2) components:
1. Aquatic Facility Component - - The construction of a new aquatic facility
2. Major Park Improvements Component - - The construction of major non-aquatic park improvements
Each component will be comprised of a Preconstruction Phase and a Construction Phase.
The successful Proposing Firm will serve as Construction Manager (“CM”) for the Project and, as such, will perform CMAR Services during the Project. In this regard, the CM will work with Pickens County and the Project Architect in a prescribed manner on:
1. Project planning
2. Project estimating
3. Value engineering
4. Arranging proposal packages
5. Awarding individual trade contracts and soliciting prior proposals related thereto
6. Managing construction until full occupancy is achieved
7. Implementing a one (1) year warranty and one (1) year warranty inspections
Sealed proposals from Proposing Firms concerning the Project will be received by Miranda McDowell, Finance Director of Pickens County, located at 1266 East Church Street Jasper, Georgia 30143, until 4:30 p.m., legal prevailing time, on September 11, 2026.
Thereafter, in a designated room and place, at a future time to be determined, the names of the Proposing Firms will be publicly read. No further information will be read, discussed or provided until the evaluation of all submitted proposals has been completed in the process described in this letter and the
RFQ/P.
No extension of the proposal period will be made other than by a formal written addendum made to the RFQ/P by Pickens County.
Proposal submittal documents may be obtained by:
1. Going to Pickens County's website at www.pickenscountyga.gov; then selecting "I Want To..."
from the top navigation menu; then, under "Find," selecting "Bid Openings"; then selecting the "SPLOST" category; and then selecting "Construction Management at Risk Services – New Aquatic Center and Improvements at Roper Park."
2. Contacting the Finance Department at 1266 East Church Street Jasper, Georgia 30143, or via landline phone 706-253-8809 to obtain the information at no charge.
Pickens County reserves the right to revise, clarify, interpret, or amend this RFQ/P at any time by written addendum. Any addendum issued shall become a part of the RFQ/P and shall be posted on Pickens County's official procurement website. This website is the sole official source for this RFQ/P, all addenda, responses to questions, and any other procurement-related communications. It shall be the sole responsibility of each interested Proposing Firm to monitor the website and obtain all addenda and other procurement-related information. Proposing Firms shall acknowledge receipt of all addenda in their proposals. Failure to acknowledge receipt of an addendum may result in a proposal being deemed non-responsive. No oral statement, interpretation, clarification, or representation made by any County official, employee, consultant, or representative shall be binding unless confirmed through a written addendum issued by Pickens County.
Proposals for the Project will be evaluated, and the presumptive selection of a successful Proposing Firm will be pursuant to the following five-step process.
1. The first step will constitute the preliminary evaluation of proposal submissions that will produce a shortlist of qualified Proposing Firms.
2. The second step will constitute interviews of shortlisted Proposing Firms by a Recommendations Committee.
3. The third step will constitute evaluations of the shortlisted firms by the Recommendations Committee.
4. The fourth step will constitute the making of recommendations by the Recommendations Committee to the BOC by the BOC’s consideration toward a selection.
5. The fifth step will constitute the selection by the BOC of the successful Proposing Firm to serve as CM on the Project.
All evaluations, recommendations and the BOC’s selection will be based on:
1. Qualitative factors including, but not limited to, the ability of the professional staff, approach to project, experience on similar projects, performance on past projects and references for the same CMAR Services provided to other clients in similar situations.
2. The quantitative factor of fees and costs.
Any recommendation by the Recommendations Committee and/or the ultimate award of a contract by the BOC will not be solely based on low proposed fees and costs, but also on quality, references and other subjective criteria as may be deemed and determined as necessary in their respective sole discretions.
A Mandatory Pre-Proposal Conference/Site Inspection will be conducted on August 26, 2026 beginning at 1 PM. The meeting will be held at the Pickens County Administration Building located at 1266 East Church Street Jasper, Georgia 30143. This meeting is mandatory for proposal submission eligibility.
Pickens County will assume no responsibility for representations or understandings concerning conditions made by its officials or employees unless they are included in the RFQ/P.
All proposals will be evaluated in accordance with applicable rules, regulations, and laws to which Pickens County is subject.
Thank you for your interest in this RFQ/P.
Miranda McDowell Chief Financial Officer Pickens County Government
PICKENS COUNTY GOVERNMENT
REQUEST FOR QUALIFICATIONS AND PRICE PROPOSALS
| Roper | Park |
| Improvements | Project |
Construction Management at Risk Services
Aquatic Facility Construction and Major Park Improvements
[ PAGE 2 OF 32 ]
Table of Contents
I. General Project Information
II. The Selection of the Construction Manager
III. Substantive Contractual Provisions
IV. General Contract Information
Af#idavit and Exhibits
S.A.V.E. Program Af#idavit
Exhibit A – Indemnity
Exhibit B – Construction Manager Price Proposal Forms and Cost Estimate Form
[ PAGE 3 OF 32 ]
I. General Project Information
| A. The | Pickens | County | Government | (“Pickens | County”), | operating | under | the | direction | of | the | of |
| the | Board | of | Commissioners | of | Pickens | County, | Georgia | (“BOC”) | and | its | Chairman, | is |
| soliciting | proposals | from | qualiDied | Dirms | (“Proposing | Firms”) | to | provide | Construction | |||
| Management | at | Risk | Services | (“CMAR | Services”) | for | Pickens | County’s | Roper | Park | ||
| Improvements | Project | (“Project”). | 1 |
| B. Proposing | Firms | must | respond | to | this | Request | for | QualiDications | and | Price | Proposal | |
| (“RFQ/P”) | to | be | considered | for | selection | as | the | Construction | Manager | (“CM”) | that | will |
| provide | CMAR | Services | on | the | Project. |
| C. By | responding | to | this | RFQ/P, | a | Proposing | Firm | represents | to | Pickens | County | that | it | is |
| properly | qualiDied | and | fully | experienced | to | perform | the | CMAR | Services | applicable | to | all | ||
| functions | described | herein | and | that | it | is | properly | staffed, | equipped, | organized | and | Dinanced | ||
| to | perform | such | functions. |
| D. The | Project | will | be | comprised | of | two | (2) | components, | both | of | which | will | include | a |
| Preconstruction | Phase | and | a | Construction | Phase | requiring | CMAR | Services | from | the | CM: |
1. The “Aquatic Facility Component”
| This | component | will | involve | the | construction | of | a | new | 21,385 | square | foot, | single-story |
| aquatic | facility. |
2. The “Major Park Improvements Component”
| This | component | will | involve | the | construction | of | various | major | non-aquatic | park |
| improvements, | which | will | include | the | following: |
a. Build four (4) new baseball Dields
b. Renovation of Dive (5) existing baseball Dields
c. Renovation of three (3) soccer Dields
d. Construction of a new maintenance shop
1 Design Services have already been engaged on the Project.
[ PAGE 4 OF 32 ]
e. Construction of two (2) new concession buildings
f. Landscape and irrigation system installation.2
| E. Design | documents | for | both | components | can | be | accessed | by | emailing | pmillard@DCCM.com |
| to | request | the | preliminary | bid | set | of | construction | plans. |
| F. The | Preconstruction | Phase | and | the | Construction | Phase | of | the | Aquatic | Facility | Component | |
| and | the | Major | Park | Improvements | Component | will | respectively | commence | at | the | times | that |
| Pickens | County | deems | appropriate | based | on | factors | deemed | relevant | by | Pickens | County. |
| G. There | will | be | no | penalty | to | Pickens | County | concerning | the | construction | date | of | the | Project |
| or | the | nonconstruction | of | the | Project | in | whole | or | in | part. |
| H. The | objective | of | the | work | to | be | performed | by | the | CM | will | be | the | efDicient, | economical, | and |
| timely | delivery | of | the | Project | resulting | from | the | quality | driven | management | of | ongoing | and | |||
| ultimately | completed | project | construction | within | time | limitations, | within | cost | limitations | |||||||
| and | in | accordance | with | established | quality | requirements. |
| I. The | scope | of | the | work | to | be | performed | by | the | CM | during | the | Preconstruction | Phase | and | the |
| Construction | Phase | of | the | Project | will | include | working | with | Pickens | County | and | the | Project | |||
| Architect | in | the | conduct | of | the | following | activities: |
1. Project planning
2. Project estimating
3. Value engineering
4. Arrangements of proposal packages for individual trade contracts
5. Evaluating individual trade contract proposals and awarding individual trade contracts
6. Management of construction until occupancy and/or functionality is achieved
7. Implementation of the one (1) year warranty and one (1) year warranty inspection
2 Refer to Exhibit D for current <loor plans and program information from the Project Architect.
[ PAGE 5 OF 32 ]
II. The Selection of the Construction Manager
A. The Five-Step Process of Evaluating Proposing Firms and Selecting the CM
1. Step One - Preliminary Evaluations
| a. County | staff, | under | the | direction | of | the | Chairman | of | the | BOC, | will | evaluate | the |
| proposals | and | qualiDications | presented | by | the | Proposing | Firms | and | “short-list” | the | |||
| top | Dirms | for | further | consideration. |
| b. To | be | deemed | eligible | for | evaluation, | Proposing | Firms | must | meet | the | following |
| minimum | qualiDications: |
| i. A | Proposing | Firm | must | have | sufDicient | bonding | capacity | for | the | anticipated |
| total | cost | of | work. |
| ii. A | Proposing | Firm | must | have | a | current | Contractor’s | Public | Liability | Insurance | |
| policy | and | must | be | insurable | in | the | following | amounts: | [n] | Bodily | injury, |
| including | death- | limits | of | $1,000,000 | for | each | accident; | [n] | Property | damage- | |
| limits | of | $2,000,000 | for | each | accident | and | $10,000,000 | for | the | aggregate | of |
| operations; | and | [n] | Workers’ | Compensation: | Statutory | limits | as | required | by | ||
| Georgia | law, | including | Employer’s | Liability | of | $500,000/$500,000/$500,000. | |||||
| Contractors | claiming | exemption | must | provide | acceptable | documentation | of |
exemption.
| iii. Pickens | County | reserves | the | right | to | require | additional | limits | and/or | coverage |
| for | actual | contract. |
2. Step Two - Interviews
| County | staff | will | schedule | and | conduct | interviews | of | the | “short-listed” | Proposing | Firms |
| if | it | deems | necessary | to | further | vet | them. |
[ PAGE 6 OF 32 ]
3. Step Three - Evaluations for Recommendations
| a. After | County | staff | narrow | the | Dield | of | Proposing | Firms | to | the | most | qualiDied |
| candidates, | Price | Proposals | of | the | “short-listed” | candidate | will | be | reviewed | and |
evaluated.
b. The following criteria will be used as the basis for the evaluation of the proposals:
i. Experience and Workload 20%
ii. References 10%
iii. Firm Personnel Experience 20%
iv. Project Approach 20%
v. Price Proposal 30%
§§ Total Possible Score 100%
4. Step Four - Recommendations
| County | staff | will | make | recommendations | of | Proposing | Firms | to | the | BOC | that | it | believes |
| are | the | most | qualiDied | to | serve | as | CM | on | the | Project. |
5. Step Five - Selection
a. The BOC will consider and act upon the recommendations received from County staff.
| b. The | BOC | reserves | the | right | to | reject | any | and | all | proposals | or | to | select | any | Proposing |
| Firm | to | serve | as | CM | on | the | Project. |
| c. Should | the | BOC | choose | to | proceed | forward | by | selecting | a | Proposing | Firm | to | serve | as |
| CM | on | the | Project, | the | BOC | will | seek | to | conclude | an | Agreement | with | the | Proposing |
| Firm | and | execute | a | contract | therewith | in | conjunction | with | this | RFQ/P. |
| d. An | undersigned | party | of | a | Proposing | Firm | on | a | proposal | expressly | understands | that | |||
| the | proposal | of | his | or | her | Proposing | Firm | may | be | rejected | by | Pickens | County | for | any |
| reason | without | liability | on | part | of | Pickens | County | to | the | Proposing | Firm | or | to | the |
[ PAGE 7 OF 32 ]
undersigned party.
B. Nondiscrimination
| Any | recommendation | or | selection | made | as | a | result | of | this | RFQ/P | will | be | made | without |
| regard | to | sex, | race, | creed, | religion, | color, | national | origin, | age, | veteran | or | military | status, | |
| sexual | orientation, | gender | expression | or | identity, | disability, | or | the | use | of | a | trained | service |
animal.
C. Content and Format of Proposals
| The | proposals | must | contain | the | following | information | and | must | be | submitted | in | the | format |
| prescribed | in | the | balance | of | this | subsection. | 3 |
1. Introductory Information
a. Firm name
b. Business address
c. Contact name
d. Former Dirm names
e. Out-of-state ofDices
f. The names of all afDiliated entities
| g. The | names | of | any | afDiliated | entities | and/or | joint | venture | partners | which | may | be |
| involved | in | the | Project |
h. Statement of which ofDice(s) will handle the service, if multiple ofDices.
| i. A | clear | and | concise | statement | as | to | why | Pickens | County | should | select | a |
| particular | Proposing | Firm | to | provide | the | relevant | service. |
| 3 | The | failure | to | meet | the | requirements | imposed | by | this | subsection | will | be | considered | “non-responsive,” | and | the | entire |
| submitted | proposal | will | be | rejected. |
[ PAGE 8 OF 32 ]
| j. A | listing | of | any | litigations, | arbitrations, | or | mediations | in | which | the | Dirm | or | any | |
| afDiliated | entities | has | been | involved | in | the | past | Dive | (5) | years | involving | claims | for | |
| more | than | $50,000.00 | made | by | a | client | against | the | Dirm | or | by | the | Dirm | against |
| the | client, | and | indicate | the | disposition | of | each | claim, | the | name | of | the | adverse | |
| party, | and | the | nature | of | the | claim. |
| k. Statement | that | the | proposal | will | remain | in | effect | for | and | not | be | withdrawn | for |
| ninety | (90) | days | after | the | date | due | to | Pickens | County. |
| l. Statement | acknowledging | the | receipt | of | each | and | every | addendum | that | Pickens |
| County | may | issue | to | the | RFQ/P. |
| m. Statement | that, | if | initially | selected, | the | Proposing | Firm | will | negotiate | in | good |
| faith | with | Pickens | County. |
2. Experience, Current Workload and ConKlicts of Interests
a. Experience and References of the Firm
| Provide | a | minimum | of | Dive | (5) | to | a | maximum | of | ten | (10) | example | projects | that |
| demonstrate | the | Proposing | Firm’s | experience | in | the | past | Dive | (5) | years | as | CM | for | |
| constructing | facilities | similar | to | this | Project, | including | the | following | information | |||||
| for | each | example | provided: |
i. Project name, location and dates during which services were performed
| ii. Brief | description | of | project | and | physical | description | with | square | footage, |
| number | of | stories, | site | area | and | other | similar | relevant | information |
iii. Total cost of the project
iv. Services performed
v. Project photographs
| vi. Written | reference | from | the | Architect/Client/User, | with | current | phone | ||
| numbers, | familiar | with | your | performance | on | each | project | listed, | including |
| a | Program | Manager | reference, | if | applicable. |
[ PAGE 9 OF 32 ]
| vii. A | list | of | the | individuals | who | served | as | the | Project | Executive/Director, |
| Project | Manager, | Superintendent, | Cost | Estimator | and | other | key | roles | on | |
| the | project. | 4 |
| viii. The | total | quantity | of | change | orders | and | net | total | cost | increase | of | change |
| orders | to | the | project. |
| ix. Summary | of | the | actual | schedule | performance | relative | to | the | initial | project |
| schedule | for | the | project. |
| x. The | name | of | a | Client | representative, | with | a | current | phone | number, | who | is |
| most | familiar | with | your | Dirm’s | performance | on | each | project. |
| xi. An | example | of | an | aquatic | center | and | outdoor | pool | project | completed | by |
| your | Dirm | and/or | a | qualiDied | construction | management | partner. |
b. Experience of Involved Firm Personnel
Provide the following:
| i. A | description | of | your | Dirm's | proposed | internal | team | organization | as | CM | for |
| the | construction | management | team | for | the | Project, | including | any | |||
| Superintendent, | Project | Manager, | Project | Director, | Cost | Estimator, | Project | ||||
| Executive | and | any | other | key | participants | in | the | Project. | 5 |
Include an organizational chart.
| ii. A | resume | and | experience | record | for | each | team | member, | including | years | of |
| experience, | education, | and | anticipated | amount | of | time | each | will | work | on | |
| the | Project | and | location | of | each | person. |
| iii. Identify | the | individual | who, | from | start | to | Dinish, | will | be | the | leader | of | your |
| construction | team | and | the | principal | point | of | contact | between | your | Dirm | |||
| and | Pickens | County | and | the | Project | Architect. |
| 4 | Please | note | whether | these | individuals | are | still | employed | with | your | firm. | |||||||||
| 5 | This | disclosure | must | include | employees | of | any | affiliated | entity | or | joint | venture | partner | that | will | or | might | be | involved | in |
| the | Project. |
[ PAGE 10 OF 32 ]
c. Current Workload
| Provide | a | list | of | current | contracts, | with | percentage | completed, | and | the | total |
| possible | workload | for | the | personnel | proposed | for | the | Project. |
d. ConKlicts of Interest
| Provide | a | list | of | any | conDlicts | of | interest | or | potential | that | your | Dirm | or | personnel |
| may | have | with | Pickens | County | or | its | ofDicials | or | employees. |
3. Construction Management Approach
| Provide | a | detailed | description | and | outline | of | the | strategy | and | approach | that | the | Dirm |
| proposes | to | approach | and | complete | the | proposed | CMAR | Services. |
| a. Include | sufDicient | discussion | of | proposed | value | services, | methodologies, | ||
| techniques, | and | procedures | for | each | work | referenced | in | the | aforementioned |
| scope | of | work. |
| b. Describe | how | your | Dirm | manages | cost, | procurement | and | workforce, | schedule, |
| quality, | and | safety. |
c. Provide a timeline schedule for execution of work and completion of the Project.
4. Price Proposal
| a. A | Price | Proposal | must | be | submitted | along | with | the | Proposal | but | in | a | separate |
| sealed | envelope | separate | and | apart | any | other | proposal | information | related | to | |||
| the | Project. |
| b. In | the | Price | Proposal, | each | Proposing | Firm | must | provide | the | following | in | |
| relation | to | the | CMAR | Services | that | it | will | deliver | related | to | the | Preconstruction |
| and | Construction | Phases | of | the | Aquatic | Facility | Component | and | the | Major | Park | |
| Improvements | Component: |
i. A percentage fee to be mutually agreed upon by Pickens County and the CM.
| ii. Prompt | payment | discounts | offered | for | a | period | of | less | than | Difteen | (15) | days |
| will | not | be | considered | in | determining | the | lowest | proposed | fee | and | costs. |
[ PAGE 11 OF 32 ]
| iii. A | Guaranteed | Maximum | Price | (“GMP”) | for | the | cost | of | the | construction | of | the |
| two | components | of | the | Project | based | on | the | design | documents, | with | the | |
| support | and | assistance | of | the | Project | Architect. | through | which | the | CM | will | |
| assume | responsibility | for | the | costs | of | construction | conducted | during | the |
Project.
| c. The | Fee | Proposal | Forms, | Exhibit | B, | attached | to | this | RFQ/P, | must | be | submitted | by |
| each | Proposing | Firm. |
| i. Detailed | itemization | of | each | fee | proposal | must | be | attached | to | the | respective |
| Fee | Proposal | Form. |
| ii. Additionally, | with | each | fee | proposal, | provide | a | cost | estimate | for | the | Aquatic |
| Facility | Component | and | the | Major | Park | Improvements | Component | based | |||
| upon | the | Design | Development | Documents. |
The Cost Estimate Form is included as part of Exhibit B.
| d. Prompt | payment | discounts | offered | for | a | period | of | less | than | Difteen | (15) | days | will |
| not | be | considered | in | determining | the | lowest | proposed | fee | and | costs. |
D. Submission and Receipt of Proposals
1. Proposing Firms should submit six (6) hardcopy copies of their proposal:
a. One (1) of which must be marked “Original”
b. Five (5) marked as “Copy”
2. In addition, one (1) copy must be submitted in digital format or in PDF format.
| 3. The | Price | Proposal | must | be | submitted | in | a | separate | sealed | envelope | at | the | time |
| proposals | are | submitted. |
| 4. All | proposals | are | due | no | later | than | 4:30 | p.m. | ET | on | September | 11, | 2026. | and | must | be |
| sent | to | the | following | address | by | courier | service | and/or | mail: |
| Courier | Service | (FedEx, | UPS) | or | Hand | Delivery | |
| Pickens | County | Government | Attn: | Miranda | McDowell, | Finance | Director |
| 1266 | East | Church | Street |
| Jasper, | GA | 30143 |
[ PAGE 12 OF 32 ]
| 5. Pickens | County | accepts | no | responsibility | for | any | expenses | incurred | by | Proposing | Firms | |
| responding | to | this | RFQ/P | as | such | expenses | are | the | responsibility | of | the | Proposing |
Firms.
| 6. Proposals | submitted | after | the | deadline | of | September | 11, | 2026, | will | not | be | accepted |
| under | any | circumstances. |
a. Such proposals will be returned to the sender unopened.
b. Faxed or emailed qualiDications are not acceptable.
| 7. Proposals | must | be | bound | and | contain | a | maximum | of | Difty | (50) | pages | (cover | page, |
| schedule, | and | section | dividers | are | not | included | in | total). |
8. All questions regarding this RFQ/P must be submitted in writing via email to:
mmcdowell@pickenscountyga.gov
9. All proposal responses become the property of Pickens County and will not be returned.
| 10. No | proposal | may | be | withdrawn | for | a | period | of | ninety | (90) | days | after | time | has | been |
| called | on | the | date | of | opening. |
| 11. All | qualiDication | submittals | will | be | evaluated | in | accordance | with | applicable | Pickens |
| County | rules | and | Federal, | Georgia | regulations, | and | laws. |
| 12. Evaluation | of | Dirms | submitting | statements | of | qualiDication | for | the | Project | will | be | based |
| on | qualiDications, | experience, | and | performance | on | past | projects | along | with | references. |
| 13. During | the | evaluation | process, | Pickens | County | reserves | the | right, | when | it | may | serve |
| Pickens | County’s | best | interest, | to | request | information | or | clariDication | from | Proposing | ||
| Firms | or | to | allow | corrections | of | errors | or | omissions. |
E. Exceptions to SpeciKications
| 1. Any | award | resulting | from | this | RFQ/P | will | bind | the | successful | Proposing | Firm | to | all |
| terms, | conditions, | and | speciDications | set | forth | in | the | RFQ/P. |
2. Proposing Firms whose Proposals do not conform must note that on a separate page if necessary.
[ PAGE 13 OF 32 ]
| 3. While | Pickens | County | reserves | the | right | to | make | an | award | to | a | nonconforming | ||
| Proposing | Firm, | when | in | its | best | interest, | such | awards | will | not | be | readily | made, | and |
| Proposing | Firms | are | urged | to | conform | to | the | greatest | extent | possible. |
| 4. No | exceptions | will | be | considered | to | have | been | taken | by | a | Proposing | Firm | unless | it | is |
| properly | set | out | as | provided | above. |
| 5. No | exception | will | be | deemed | to | have | been | taken | by | Pickens | County | unless | incorporated |
| in | an | award | resulting | from | this | RFQ/P | and | so | stated. |
F. Questions and Requests for Interpretations
| 1. All | questions | and | requests | for | interpretation | of | the | RFQ/P | must | be | in | writing | and | |||
| received | at | least | ten | (10) | calendar | days | prior | to | the | time | set | for | opening | of | proposals | in |
| writing | via | via | to | mmcdowell@pickenscountyga.gov. |
| 2. Responses | to | questions, | clariDications, | and | any | resulting | changes | to | the | RFQ/P | will | be |
| issued | by | written | addendum | and | posted | on | the | Pickens | County | website. |
| 3. It | will | be | the | responsibility | of | interested | parties | to | periodically | check | this | website | for |
| any | new | information. |
| 4. No | responses | to | questions | or | interpretations | of | the | provisions | of | this | RFQ/P | will | be |
| made | to | any | interested | party | orally. |
| 5. Pickens | County | will | assume | no | responsibility | for | representations | or | understandings | ||||
| concerning | conditions | made | by | its | ofDicials | or | employees | unless | they | are | included | in | the |
RFQ/P.
G. Addenda and ClariKications
| 1. Pickens | County | reserves | the | right | to | revise, | clarify, | interpret, | amend, | or | otherwise |
| modify | this | RFQ/P | at | any | time | by | written | addendum. |
| 2. All | addenda | shall | become | part | of | this | RFQ/P | and | shall | be | posted | on | Pickens | County's |
| ofDicial | procurement | website. | This | website | shall | be | the | sole | ofDicial | source | for | this | ||
| RFQ/P, | all | addenda, | responses | to | questions, | and | any | other | procurement-related |
communications.
[ PAGE 14 OF 32 ]
| 3. It | shall | be | the | sole | responsibility | of | interested | Proposing | Firms | to | monitor | the | website |
| and | obtain | all | addenda | and | related | procurement | information. |
| 4. Proposing | Firms | shall | acknowledge | receipt | of | all | addenda | in | their | proposals. | Failure | to |
| acknowledge | receipt | of | an | addendum | may | result | in | a | proposal | being | deemed | non- |
| responsive. | This | requirement | supplements | Section | II.C.1.l. |
| 5. No | oral | statement, | interpretation, | clariDication, | representation, | or | instruction | by | any | |
| County | ofDicial, | employee, | consultant, | architect, | or | representative | shall | be | binding | unless |
| incorporated | into | a | written | addendum | issued | by | Pickens | County. |
| 6. Requests | for | changes, | clariDications, | or | interpretations | of | this | RFQ/P | must | be | submitted | ||||
| in | writing | and | received | at | least | ten | (10) | calendar | days | prior | to | the | proposal | due | date. |
| 7. Pickens | County | reserves | the | right | to | extend | the | proposal | due | date, | revise | procurement |
| deadlines, | or | modify | any | requirement | of | this | RFQ/P | by | written | addendum. |
H. Pre-Proposal Conference/Site Inspection RFQ/P
| 1. The | Pre-Proposal | Conference/Site | Inspection | is | a | mandatory | requirement | to | submit | a |
| proposal | if | applicable. |
| 2. The | Mandatory | Pre-Proposal | Conference/Site | Inspection | will | be | conducted | on | August |
| 26, | 2026 | beginning | at | 1 | PM. |
| 3. The | meeting | will | be | held | at | the | Pickens | County | Administration | Building | located | at | 1266 |
| East | Church | Street | Jasper, | Georgia | 30143. |
| 4. Pickens | County | will | assume | no | responsibility | for | representations | or | understandings | ||||
| concerning | conditions | made | by | its | ofDicials | or | employees | unless | they | are | included | in | this |
RFQ/P.
| 5. Any | information | presented | at | the | Pre-Proposal | Conference/Site | Inspection, | including | ||
| meeting | notes, | questions | raised | by | attendees, | responses | provided | by | Pickens | County, |
| interpretations, | clariDications, | corrections, | or | revisions | to | this | RFQ/P, | will | be | |
| documented | and | issued, | as | determined | appropriate | by | Pickens | County, | through | a |
| written | addendum. |
[ PAGE 15 OF 32 ]
| Only | information | contained | in | a | written | addendum | issued | by | Pickens | County | shall | be |
| binding | upon | Pickens | County. |
I. Signing of Proposal
| The | failure | to | sign | the | proposal | on | a | cover | letter | in | “original | form” | provided | with | a | proposal |
| will | result | in | the | proposal | being | declared | as | “nonresponsive” | and | not | considered | for | award. |
J. Proposal Acceptance Time
| Proposals | requiring | acceptance | by | Pickens | County | in | less | than | ninety | (90) | calendar | days |
| could | be | rejected, | unless | so | stated | and | accepted | by | Pickens | County. |
K. Proposal IdentiKication
| All | proposals | must | be | returned | in | a | sealed | envelope | with | the | following | information | in | the |
| lower | left-hand | corner | of | the | envelope: | RFP | Number | / | opening | date. |
L. Withdrawal of Proposals
| 1. Proposals | may | be | withdrawn | by | written | request | only | if | the | request | is | received | prior | to |
| the | time | and | date | set | for | the | opening | of | proposals. |
| 2. Negligence | on | the | part | of | the | Proposing | Firm | in | preparing | its | proposal | confers | no | right |
| of | withdrawal | or | modiDication | of | its | proposal | after | the | proposal | has | been | opened. |
| 3. No | proposal | may | be | withdrawn | for | a | period | of | ninety | (90) | days | after | time | has | been |
| called | on | the | date | of | opening. |
M. Right to Retain Proposals and Utilize Ideas
| Pickens | County | will | have | the | right | to | retain | all | submitted | proposals | and | to | use | any | idea(s) |
| contained | therein | without | regard | to | whether | any | proposal | is | selected | or | rejected. |
N. GMP Related Data and Information
| Prior | to | the | award, | the | CM | will | share | with | Pickens | County | the | draft | and | Dinal | calculations, |
| estimates | and | all | documents | on | which | the | CM’s | proposed | GMP | is | based. |
O. Award of the Contract
[ PAGE 16 OF 32 ]
| 1. Award | will | be | made | to | that | Proposing | Firm | whose | proposal, | conforming | to | the | RFQ/P, |
| will | be | most | advantageous | to | Pickens | County | considering | all | factors | analyzed. |
| 2. Pickens | County | reserves | the | right | to | reject | any | and/or | all | proposals | submitted | and | to |
| waive | any | technicalities, | informalities | minor | irregularities | in | submitted | proposals. |
| 3. A | written | award | mailed | (or | otherwise | furnished) | will | be | deemed | to | result | in | a | binding |
| contract | without | further | action | by | either | party. |
| 4. Any | awarded | contract | or | contracts | will | be | on | a | lump | sum | basis | or | individual | item | basis, |
| whichever | is | found | to | be | in | the | best | interest | of | Pickens | County. |
P. Proposal Results
| Interested | parties | may | request, | in | writing, | a | proposal | tabulation | after | the | RFQ/P | has | been |
| approved | by | Pickens | County. |
[ PAGE 17 OF 32 ]
III. Substantive Contractual Provisions
| The | contract | that | will | effectuate | the | Agreement | between | Pickens | County | and | the | successful |
| Proposing | Firm | will | contain | the | following | non-exclusive | list | of | substantive | provisions. |
A. At-Risk Nature of CM
| The | CM | will | be | “at | risk” | in | the | proposed | undertaking | and | will | be | responsible | for |
| completing | the | Project | at | the | GMP | and | by | the | Guaranteed | Delivery | Date | (“GDD”), | both | |
| provided | by | the | successful | Proposing | Firm | at | the | appropriate | times. |
B. Project Costs Less Than the GMP
Should the Dinal cost of the Project be less than the GMP, all savings will revert to Pickens County.
C. Bonds
The CM will be required to provide the following bonds:
1. Payment and Performance Bonds
| a. Pickens | County | will | require | the | selected | CM | to | furnish | a | Payment | Bond | and | a |
| Performance | Bond, | each | in | an | amount | not | less | than | (100%) | one | hundred | ||
| percent | of | the | total | proposal | amount | awarded | prior | to | being | issued | a | "notice | |
| to | proceed" | once | a | GMP | has | been | determined | under | a | contract | issued | as | a |
| result | of | the | RFQ/P. |
| b. The | bonds | must | be | submitted | within | (15) | Difteen | calendar | days | after | being |
| furnished | with | a | "notice | of | award" | or | upon | determination | of | the | GMP. |
c. All bonds must be written on a surety company licensed to do business in Georgia.
| d. Failure | to | supply | bonds | will | force | your | proposal | to | be | declared | “non- |
| responsive” | and | not | be | considered | for | award. |
2. Bid Bond
Bid Bonds will not be required for the Project.
[ PAGE 18 OF 32 ]
D. Open-Book Project
| The | Project | will | be | open-book | and | all | savings, | including | unused | contingency, | will | be |
| returned | to | Pickens | County. |
E. GMP Package
| In | conjunction | with | Subsection | A, | the | CM | will | submit | a | GMP | package | to | Pickens | County |
| for | review | and | approval | for | the | two | components | of | the | Project, | which | package | must | be |
| based | upon | feedback | from | the | process | of | interacting | with | individual | trade | contactors | |||
| solicited | by | the | CM | comprised | of: |
1. Arranging proposal packages
| 2. Developing | requirements | to | ensure | time | management, | cost | management | and |
| quality | control | during | construction |
| 3. Providing | an | estimated | provisional | construction | schedule | for | issuance | with | the |
| proposal | package |
4. Advertising and distributing proposal documents
5. Generating proposer interest
6. Identifying qualiDied proposers
7. Scheduling and conducting pre-proposal conferences
8. Reviewing and analyzing proposals and recommending contract awards
9. Finalizing and awarding contracts
F. Project Schedule
The CM will also develop an overall Project schedule, which will also be a contractual obligation.
G. Commencement of Work
| 1. Work | will | commence | on | the | Preconstruction | Phase | within | ten | (10) | calendar | days | ||
| after | the | issuance | by | Pickens | County | of | a | “Notice | to | Proceed” | on | the | Project |
[ PAGE 19 OF 32 ]
| 2. Commencement | must | be | done | in | a | routine, | orderly | manner | until | completion | and |
| acceptance | by | Pickens | County. |
H. Value Engineering, Maintainability and Constructability
| During | the | Preconstruction | Phase | of | the | Project, | the | CM | will | be | responsible | for | pricing, |
| value | engineering, | and | maintainability | and | constructability | issues. |
I. Individual Trade Contracts
1. Individual trade contracts will be between the CM and independent trade contractors.
| 2. The | CM | must | competitively | select | all | construction | subcontracts | and | other | work |
| appropriate | for | competitive | selection | using | cost | and | other | factors. |
J. Retention of Pay Applications
| Pickens | County | will | require | ten | percent | (10%) | retainage | until | Difty | (50%) | completion, | |
| then | Dive | percent | (5%) | retainage | throughout | the | remainder | of | the | Project | and | will |
| release | retainage | at | the | point | of | Dinal | completion | and | Dinal | acceptance | by | Pickens |
County.
K. Termination of Project
| Pickens | County | will | have | the | authority | to | suspend | or | terminate | performance | of | the |
| Project | in | whole | or | in | part. |
L. Project Planning
| The | CM | will | work | with | Pickens | County | and | the | Project | Architect | to | plan | the | Project | with |
| planning | tasks | including: |
| 1. Reviewing | design | concepts, | ideas, | and | suggestions | offered | by | Pickens | County |
| and | the | Project | Architect | with | regard | to | feasibility | and | constructability. |
2. Evaluating design with respect to constructability issues.
3. Evaluating value engineering opportunities.
4. Providing the following estimates for the two components of the Project:
[ PAGE 20 OF 32 ]
a. The Aquatic Facility Component
i. Design development
ii. Fifty percent (50%) construction documents
iii. One hundred percent (100%) construction documents (GMP)
b. Major Park Improvements Component
i. Schematic design
ii. Design development
iii. Fifty percent (50%) construction documents (GMP)
M. Commencement of Construction
| Construction | will | commence | with | the | release | of | distinct | work | packages | based | on | the |
| design | documents. |
N. Construction Phase Obligations of the CM
The CM’s assigned obligations regarding the Construction Phase of the Project will be as follows:
1. Submit a GMP package to Pickens County for review and approval.
| 2. The | GMP | package | will | be | based | upon | proposal | feedback | from | trade | contractors |
| requested | by | the | CM. |
3. Maintain a system for review and approval of shop drawings.
| 4. Maintain | records | and | submit | routine | reports | to | the | Project | Architect | and |
| Pickens | County. |
5. Maintain quality control and ensure conformity to contract documents.
| 6. Provide | cost | control | through | progress | payment | review | and | veriDication |
| according | to | the | approved | schedule | and | contract | amounts. |
[ PAGE 21 OF 32 ]
| 7. Coordination | of | post | completion | activities, | including | the | assembly | of | guarantees, |
| manuals, | as-built | drawings, | and | Pickens | County’s | Dinal | acceptance. |
8. Implement and coordinate the one (1) year warranty and one (1) year warranty inspection.
| 9. The | CM | will | be | responsible | for | all | required | permits | or | license | required | by |
| Federal, | Georgia | and | local | regulatory | agencies. |
| 10. A | Pickens | County | and | Project | Architect | Walk-Through | (Punch | List) | must | take |
| place | prior | to | substation | completion | acceptance. |
O. Payment
| 1. Payments | will | be | made | upon | all | items | completed | each | month | or | completion | of | all |
| work | and | acceptance | by | Pickens | County | on | invoices | submitted | and | approved | by | an | |
| appropriate | Pickens | County | representative. | - | All | invoices | must | have | a | Purchase | |||
| Order | (PO) | number. |
| 2. Payment | terms | and | provisions | herein | or | otherwise | found | within | the | contract | ||
| documents | supersede | all | provisions | of | the | Georgia | Prompt | Pay | Act | (HB | 837; | 13 |
| OCGA | Chapter | 11 | et | seq.). |
| 3. Prompt | payment | discounts | offered | for | a | period | of | less | than | Difteen | (15) | days | will | not |
| be | considered | in | determining | the | lowest | proposed | fee | and | costs. |
| 4. However, | such | discounts, | when | offered, | will | be | taken | provided | payment | is | made |
| within | the | time | speciDied. |
| 5. Time, | in | connection | with | discounts | for | prompt | payments, | will | be | computed | from | the | ||
| date | of | acceptance | of | work | for | which | payment | is | claimed, | or | the | date | the | correct |
| invoice | is | received | by | Pickens | County, | whichever | is | later. |
| 6. All | inquiries | regarding | payment | of | invoices | are | to | be | directed | to | Accounts | Payable | at |
| accountspayable@pickenscountyga.gov, | or | mailed | to | the | following | address: |
| Pickens | County | Board | of | Commissioners |
| Financial | Services | Department |
| Attn: | Accounts | Payable | 1266 | East | Church | Street, | Suite | 162 |
| Jasper, | GA | 30143 |
[ PAGE 22 OF 32 ]
P. CertiKicate of Insurance
The CM must procure the insurance speciDied below during the life of the contract.
| 1. Workers’ | Compensation | Insurance | for | all | employees | who | are | engaged | in | the |
| work | under | the | contract. |
| 2. Public | Liability | and | Motor | Vehicle | Liability | Insurance | as | necessary | to | protect | it | ||
| while | performing | work | covered | by | this | contract | from | claims | for | damages | which | ||
| may | arise | from | operations | by | its | employees | or | by | any | other | party | directly | or |
| indirectly | contracted | by | it. |
| a. Public | Liability | Insurance | in | an | amount | not | less | than | $1,000,000 | on | account |
| of | one | occurrence. |
| b. Motor | Vehicle | Liability | Insurance | on | all | motor | vehicles | owned, | leased | or | ||
| otherwise | used | by | the | CM | in | an | amount | not | less | than | $500,000 | (combined |
| single | limit) | for | bodily | injury | including | death | and | property | damage |
combined.
c. Professional Liability Insurance in an amount not less than $1,000,000.
3. Involved insurance companies must be licensed to do business in the state of Georgia.
| 4. Any | professional | certiDicate | of | insurance | covering | the | work | required | above | as | ||
| evidence | that | the | insurance | required | will | be | maintained | in | force | for | the | entire |
| duration | of | the | work | performed | under | this | Agreement. |
| 5. The | cancellation | of | any | policy | of | insurance | required | by | this | Agreement | must | ||
| meet | the | requirements | of | notice | under | the | laws | of | the | State | of | Georgia | as |
| presently | set | forth | in | O.C.G.A. | § | 33-24-44. |
| a. Each | policy | of | insurance | required | under | this | Agreement | must | provide | for | |||
| notice | requirements | under | the | laws | of | the | State | of | Georgia | as | set | forth | in |
| O.C.G.A. | § | 33-24-44 | and | by | endorsement | must | provide | that | Pickens | County | |||
| will | receive | a | copy | of | said | notice | of | cancellation. |
| b. A | certiDicate | of | insurance | with | a | cancellation | provision | which | provides | for | ||
| less | notice | than | that | required | by | O.C.G.A. | § | 33-24-44, | or | which | provides | that |
[ PAGE 23 OF 32 ]
| failure | to | give | the | written | notice | will | not | Impose | any | responsibility | upon | the |
| insurer, | will | be | considered | as | an | endorsement | of | the | referred | to | in | the |
| certiDicate | and | will | constitute | a | basis | for | insurance | rejection | of | the | insurance | |
| by | Pickens | County. |
| c. In | addition | to | its | agreement | to | obtain | and | maintain | the | insurance | as | set | forth | |
| herein | above, | the | CM | agrees | to | indemnify | and | hold | harmless | Pickens | County, | |||
| its | ofDicials, | agents | and | employees | from | any | and | all | claims | against | Pickens | |||
| County, | its | ofDicials, | agents, | and | employees, | which | arise | out | of | any | act | or | ||
| omission | of | the | CM | or | any | consultant | employed | by | the | CM | or | any | of | its |
| ofDicers, | agents | or | employees, | and | any | and | all | claims | which | result | from | any | ||
| condition | created | or | maintained | by | the | CM | or | any | consultant | retained | by | the | ||
| CM | or | any | of | their | ofDicers, | employees | or | agents, | which | condition | which | a | ||
| result | of | work | performed | under | the | contract. |
| d. If | the | insurance | is | canceled, | the | CM | must | deliver | to | Pickens | County | new | |
| policies | of | insurance. | Should | the | CM | neglect | to | obtain | and | maintain | in | force | |
| such | insurance | and | deliver | such | policy | or | policies, | then | it | must | be | lawful | for |
| Pickens | County | to | obtain | and | maintain | such | insurance. |
| Q. Other | Substantive | Requirements | and | Conditions | ||||||
| The | contract | will | also | incorporate | other | substantive | requirements | and | conditions | as |
| stated | in | this | RFQ/P: |
[ PAGE 24 OF 32 ]
IV. General Contract Information
A. Contract Execution
| 1. Subsequent | to | the | award, | the | successful | Proposing | Firm | will | be | presented | with | a |
| contract | to | effectuate | the | Agreement | to | serve | as | CM. |
| 2. Pickens | County | will | utilize | AIA | Documents | A133-2019 | and | A201-2017, | as | modiDied |
| by | Pickens | County, | as | the | proposed | for | the | Project. |
3. The contract is to be executed within ten (10) calendar days of “Notice of Award.”
4. The date of presentation will be deemed to be the postmark date.
5. The CM’s proposal and this RFQ/P will be incorporated into the contract.
B. The CM is an Independent Contractor
| Once | selected, | the | CM | will | constitute | an | independent | contractor | and | not | as | an | agent | of |
| Pickens | County | in | the | performance | of | its | duties | regarding | the | Project. |
| 1. Accordingly, | nothing | contained | in | this | RFQ/P | or | a | contract | resulting | therefrom | ||
| will | be | construed | to | constitute | the | CM | or | any | of | its | employees, | agents, |
| contractors | or | subcontractors | as | a | partner, | employee | or | agent | of | Pickens | County |
| 2. The | CM | must | Dinance | its | own | operations | pursuant | to | performing | its | duties |
| regarding | the | Project. |
C. ConKlicting Provisions
| Should | any | provision | of | the | RFQ/P | conDlict | with | the | provision | of | the | contract, | the |
| provision | of | the | contract | will | prevail. |
D. Assignment of Contractual Rights
| The | CM | will | not | assign, | transfer, | convey, | or | otherwise | dispose | of | a | contract | that | results | |||
| from | this | RFQ/P | or | its | right, | title, | or | interest | in | or | to | the | same, | or | any | part | thereof, |
| without | the | written | consent | of | Pickens | County. |
E. Non-Discrimination
[ PAGE 25 OF 32 ]
| The | CM | and | any | associated | contractors | and | subcontractors | must | provide | services | in | a | |
| manner | that | does | not | discriminate | on | the | basis | of | sex, | race, | creed, | religion, | color, |
| national | origin, | age, | veteran | or | military | status, | sexual | orientation, | gender | expression | or | ||
| identity, | disability, | or | the | use | of | a | trained | service | animal. |
F. Americans with Disabilities Act (ADA)
| 1. The | CM | and | any | associated | contractors | and | subcontractors | must | comply | with | |
| Pickens | County’s | ADA | notice | and | procedures, | which | are | available | upon | request | and |
| are | accessible | on | Pickens | County’s | website. |
| 2. Any | person | who | requires | accommodation | to | access | Pickens | County’s | services | or | ||
| programs | because | they | have | a | qualiDied | disability | may | contact | Pickens | County’s | ADA | |
| Coordinator | at | 706-253-8809 | forty | eight | (48) | hours | prior | to | the | scheduled | event | or |
| as | soon | as | possible | if | within | the | forty | eight | (48) | hour | period. |
G. Inclusion
| All | items | and/or | services | standard, | expected, | necessary, | and/or | routine | to | such | a | Project | ||||
| as | this | and | not | actually | stated | in | this | RFQ/P | will | be | the | responsibility | of | the | CM | to |
| provide | at | no | other | cost | to | Pickens | County | unless | so | stated | on | the | CM’s | proposal | as | |
| additional | cost | items | and | accepted | by | Pickens | County | at | the | time | of | the | award | and/or |
contract.
H. Change Orders
| 1. Any | work | performed | outside | of | the | contract | for | which | compensation | over | and | above |
| the | contract’s | terms | occurs; | must | be | conducted | pursuant | to | an | accompanying | ||
| change | order. |
2. Any and all change order requests made by the CM must be approved by Pickens County.
| 3. Should | work | performed | outside | of | the | contract | be | performed | before | change | order |
| approval, | the | work | may | be | rejected | or | denied | for | compensation. |
I. Indemnity
| The | CM | agrees, | if | entering | into | a | contract | as | a | result | of | this | RFQ/P, | to | defend, | indemnify, |
| and | hold | harmless | Pickens | County | from | any | and | all | courses | of | action | or | claims | of |
[ PAGE 26 OF 32 ]
| damages | arising | out | of | or | related | to | the | CM’s | performance | or | actions | or | those | of | its |
| employees | or | agents, | under | the | contract. |
J. Termination
| Pursuant | to | O.C.G.A. | § | 36-60-13, | if | applicable, | any | contract | resulting | from | this | RFQ/P, | if | ||
| not | sooner | terminated | pursuant | to | the | provisions | of | termination | contained | herein, | is | ||||
| terminable | by | the | BOC | on | December | 31 | of | each | calendar | year | during | the | term | of | the |
| contract, | except | that | the | contract | will | be | renewed | automatically | on | such | date, | and | |||
| without | any | lapse, | unless | positive | action | is | taken | to | terminate | said | contract | by | the | BOC | |
| in | a | public | meeting | and | such | action | entered | in | the | ofDicial | minutes | of | the | BOC. |
K. Cancellation for Cause
| 1. Should | either | party | fail | to | comply | with | the | terms | and | conditions | of | this | contract, | the |
| aggrieved | party | must | give, | in | writing, | to | the | other | party | any | complaint | for | non- | |
| compliance | of | the | terms | and | conditions | of | this | contract. |
2. The other party will have Difteen (15) calendar days to correct the matter.
| 3. If | corrected | to | the | satisfaction | of | both | parties | within | the | Difteen | (15) | calendar | days |
| and | stated | in | writing, | then | the | contract | will | continue | uninterrupted. |
| 4. Failure | to | correct | the | matter | will | result | in | termination | of | this | contract | at | the | end | of |
| thirty | (30) | calendar | days | following | the | date | of | the | initial | letter | of | complaint. |
L. Appropriation of Funds
| The | initial | contract | and | any | continuation | contracts | will | terminate | immediately | and | ||
| absolutely | at | any | such | time | as | there | are | not | appropriated | and | otherwise | unobligated |
| funds | available | to | satisfy | Pickens | County’s | obligations | under | the | contracts. |
M. Governing Law Clause
| The | Agreement | will | be | governed | by | and | construed | in | accordance | with | the | substantive |
| laws | of | the | State | of | Georgia. |
N. Venue
| The | Superior | Court | of | Pickens | County | Georgia | will | have | authority | over | any | legal | matters |
| arising | from | this | Agreement |
[ PAGE 27 OF 32 ]
Af$idavit and Exhibits
[ PAGE 28 OF 32 ]
S.A.V.E. Program Af.idavit
| Systematic | Alien | Veri0ication | for | Entitlements | (SAVE) | Program | Of0ice | of | U.S. | Citizenship |
| and | Immigration | Service | (USCIS) |
o
Background
| Pursuant | to | the | “Georgia | Security | and | Immigration | Compliance | Act,” | Pickens | County | cannot | |||||
| contract | for | the | physical | performance | of | services | unless | the | contractor | registers | and | participates | in | |||
| the | federal | work | authorization | program | to | verify | information | of | all | new | employees. | Neither | may | |||
| any | contractor | or | subcontractor | enter | a | contract | with | Pickens | County | in | connection | with | the | |||
| physical | performance | of | services | unless | the | contractor | or | subcontractor | registers | and | participates | |||||
| in | the | federal | work | authorization | program | to | verify | information | of | all | new | employees. | O.C.G.A. | § | 13- | |
| 10-91. | Each | contractor | is | urged | to | Dill | out | the | afDidavit | below | stating | they | comply | with | this | Georgia |
| Compliance | Act | before | Pickens | County | can | legally | accept | the | bids | from | each | contractor/vendor. |
| To | register | for | the | E-Verify | Program | visit | www.uscis.gov | .Your | bid | will | not | be | accepted | without | this | E- |
| Verify | Number. |
Procedure
| AfDirmative | language | will | be | set | forth | in | contracts | for | the | performance | of | services | regarding | the | |||
| above | requirement. | Pickens | County | will | require | an | afDidavit | from | a | contractor | showing | its | |||||
| compliance | with | the | requirements | of | O.C.G.A. | § | 13-10-91 | at | the | time | a | contract | for | the | performance | ||
| of | physical | services | is | executed. | The | contract | will | include | language | referencing | this | obligation | and | ||||
| providing | that | failure | to | supply | an | afDidavit | evidencing | such | compliance | (or | to | continue | to | meet | the | ||
| statutory | obligation | during | the | life | of | the | contract) | will | constitute | a | material | breach | of | the | contract. | ||
| Upon | notice | of | such | breach, | the | contractor | will | be | entitled | to | cure | the | breach | within | ten | (10) | days |
| and | provide | evidence | of | such | cure. | Should | the | breach | not | be | cured, | Pickens | County | should | be | ||
| entitled | to | all | available | remedies, | including | termination | of | the | contract | and | damages. |
See afHidavit on following page
[ PAGE 29 OF 32 ]
| S.A.V.E | Program | Af.idavit | |||||||||
| Systematic | Alien | Veri0ication | for | Entitlements | (SAVE) | Program | Of0ice | of | U.S. | Citizenship | and |
Immigration Service (USCIS)
| By | executing | this | afDidavit, | the | undersigned | contractor | veriDies | its | compliance | with | O.C.G.A. | § | 13-10- | |||
| 91, | stating | afDirmatively | that | the | individual, | Dirm | or | corporation | which | is | contracting | with | Pickens | |||
| County, | Georgia, | has | registered | and | is | participating | in | a | federal | work | authorization | program* | (an | |||
| electronic | veriDication | of | work | authorization | program | operated | by | the | U.S. | Department | of | Homeland | ||||
| Security | or | any | equivalent | federal | work | authorization | program | operated | by | the | U.S. | Department | of | |||
| Homeland | Security | to | verify | information | of | newly | hired | employees, | pursuant | to | the | Immigration | ||||
| Reform | And | Control | Act | of | 1986 | (IRCA), | in | accordance | with | the | deadlines | established | in | the | ||
| referenced | statute. | |||||||||||||||
| *The | applicable | federal | work | authorization | program | as | of | the | effective | date | of | the | statute | is | the | E- |
| Verify | Program | of | the | Systematic | Alien | Veri0ication | for | Entitlements | (SAVE) | Program | Of0ice | of | U.S. | |||
| Citizenship | and | Immigration | Service | (USCIS). | To | register | for | the | E-Verify | Program | visit | www.uscis.gov | ||||
| .your | bid | will | not | be | accepted | without | this | E-Verify | Number. |
Company Name
Street Address
By: Authorized OfDicer or Agent Date [Contractor Name]
Printed Name Contractor’s/Vendor’s E-Verify #
Subscribed and sworn before me on this the ___ day of _______________________, 20
Notary Public
My commission expires ____________________________
[ PAGE 30 OF 32 ]
EXHIBIT A
Indemnity
| To | the | fullest | extent | permitted | by | law, | the | Contractor | shall | indemnify | and | hold | harmless | the | Pickens | |||
| County, | GA | from | and | against | liability, | claims, | damages, | losses | and | expenses, | including | attorneys' | ||||||
| fees, | arising | out | of | or | resulting | from | performance | of | the | work, | provided | that | such | liability, | claims, | |||
| damage, | loss | or | expense | is | attributable | to | bodily | injury, | sickness, | disease | or | death, | or | to | injury | to | or | |
| destruction | of | tangible | property | (other | than | the | work | itself) | including | loss | of | use | resulting | |||||
| therefrom, | but | only | to | the | extent | caused | in | whole | or | in | part | by | negligent | acts | or | omissions | of | the |
| Contractor, | a | Subcontractor, | anyone | directly | or | indirectly | employed | by | them | or | anyone | for | whose | |||||
| acts | they | may | be | liable. | In | claims | against | any | person | or | entity | indemniDied | under | this | Paragraph | by | ||
| an | employee | of | the | Contractor, | a | Subcontractor, | any | one | directly | or | indirectly | employed | by | them | or | |||
| anyone | for | whose | acts | they | may | be | liable, | the | indemniDication | obligation | under | this | Paragraph | shall | ||||
| not | be | limited | by | a | limitation | on | amount | or | type | of | damages, | compensation | or | beneDits | payable | by | ||
| or | for | the | Contractor | or | a | Subcontractor | under | workers' | compensation | acts, | disability | beneDit | acts | |||||
| or | other | employee | beneDit | acts. | Insurance | Requirements: | Prior | to | commencing | work, | the | Firm, | at | its | ||||
| own | expense, | shall | furnish | insurance | certiDicate | showing | the | certiDicate | holder | as | Pickens | County, | ||||||
| GA. | At | a | minimum: | Commercial | General | Liability | and | Automobile | Liability: | combined | single | limit | at | |||||
| least | $1,000,000 | per | occurrence; | Umbrella | liability | in | the | amount | of | at | least | $1,000,000 | that | follows | ||||
| the | coverage | forms | for | underlying | liability | policies | or | is | broader; | Worker’s | Compensation | policy | ||||||
| providing | statutory | limits; | Architects | and | Engineers | Professional | Liability | – | errors | and | omissions | |||||||
| policy | in | the | amount | of | at | least | $1,000,000 | per | occurrence. | Coverage | shall | provide | for | professional | ||||
| errors | and/or | omissions | in | the | preparation | of | designs | and/or | speciDications | and | include | the | ||||||
| rendering | of | supervisory, | inspection, | or | engineering | services. | Title | VI: | In | accordance | with | Title | VI | of |
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