Decatur Speed Reduction RFP.pdf

For

2026 Decatur Speed Study

BIDS DUE: No later than March 11, 2026 at 3:00 pm EST in hardcopy.

Questions should be directed in writing to

Julie Harlan, Active Transportation Director, via email to:

Julie.harlan@decaturga.com

Submit Proposals to:

Assistant City Manager – Public Works

Public Works

2635 Talley St.

1st Floor

Decatur, Georgia 30031

Table of Contents

INVITATION

BACKGROUND

INSTRUCTIONS

SECTION A: SCHEDULE

SECTION B: ENGINEERING SERVICES

SECTION C: TECHNICAL PROPOSALS

SECTION D: ASSURANCES

ATTACHMENT A

ATTACHMENT A-1

INVITATION

The City of Decatur is seeking proposals from qualified firms to conduct a comprehensive speed study on select corridors within city limits. This work will support the implementation of the City’s Vision Zero goals as outlined in the 2025 Decatur Safety Action Plan (SAP). The study should provide data-driven justification for speed management strategies, including potential speed limit reductions, and must meet the standards and requirements set by the Georgia Department of Transportation (GDOT).

BACKGROUND

The City of Decatur is a vibrant, walkable community located just east of Atlanta. The SAP identifies excessive vehicle speed as a leading factor in fatal and serious injury crashes, particularly on corridors within the High Injury Network (HIN) and High Risk Network (HRN).

As part of the implementation phase of the SAP, the City is prioritizing the reduction of vehicle speeds through both policy changes and physical roadway interventions. The SAP identifies local roads with posted speed limits above 25 MPH where speed reductions may be warranted. Data informed justifications for these changes are critical for compliance with GDOT approved standards for off-system roads, and will be necessary for enforcement, including the potential use of radar enforcement.

Responses to this Request for Proposals (RFP) shall include technical proposals along with all other information requested in this RFP. A qualifications-based and non-qualifications based selection process will be used. Evaluation of proposals will be based on the following criteria:

a. Personnel – expertise and qualifications of personnel listed in project team – 20%

b. Experience – evidence of past success in similar projects on time and within budget – 20%

c. Availability – ability of project team to perform tasks according to estimated schedule included in this RFP – 15%

d. Technical Proposal – content of technical proposal and quality of response to the requirements included in this RFP – 30%

e. Cost Proposal – reasonableness and detail of cost proposal – 15%

A mandatory pre-proposal conference will be held at Decatur Public Works, 2635 Talley St, Public Works Community Room, Decatur, GA 30031 on February 25, 2026 at 10:00 am. Any questions and/or misunderstandings that may arise from this Request for Proposals should be submitted, in writing, to Julie Harlan at julie.harlan@decaturga.com prior to this conference. Additional questions may be submitted in writing until February 27, 2026 at 3:00 pm. Answers to such questions that materially change the conditions and specifications of this Request for Proposals will be sent to all attendees as an addendum.

Any discussions or documents will be considered non-binding unless incorporated in an addendum. When addenda are required, the proposal opening date may be extended.

Parties responding to this Request for Proposals must attend this pre-proposal conference for their submittal to be considered.

Submittal of a proposal indicates acceptance of the conditions contained in the RFP. The City of Decatur reserves the right to retain all proposals submitted. Bids may be held by the City for a period not to exceed sixty (60) days from the date of the opening of bids for the purpose of reviewing the bids and investigating the financial stability of the bidders and their demonstrated ability to perform satisfactorily, prior to awarding the contracts. All proposals are public records to the extent required by the Georgia Open Records Act. The City of Decatur reserves the right to accept or reject any or all proposals, to waive informalities, to negotiate changes in the scope of work or services to be provided and to otherwise waive any technicalities.

The proposal package for the 2026 Speed Study for the City of Decatur is available online at no charge at www.decaturga.com/requestforproposals. For additional information, contact Julie Harlan, Active Transportation Director at julie.harlan@decaturga.com.

INSTRUCTIONS

1. Intent: It is intended that these Instructions and the Specifications shall define and describe the complete services to be provided.

2. Examination: Proposers are advised to examine all documents and current descriptions of the services to become fully informed as to their conditions. This includes conformity with specific standards and the character, quality and quantity of the services provided.

Failure to examine these areas will not relieve the Proposer of its obligation to furnish all products and services necessary to carry out the provisions of the agreement.

3. Mandatory Pre-Proposal Conference: A mandatory pre-proposal conference will be held at Decatur City Public Works, 2635 Talley Street, Public Works Community Room, Decatur, GA 30031 on February 25, at 10:00 am. Any questions and/or misunderstandings that may arise from this Request for Proposals should be submitted, in writing, to Julie Harlan at julie.harlan@decaturga.com prior to this conference.

mailto:julie.harlan@decaturga.com

Further questions may be submitted until February 27th at 3:00 pm, at which time the question-and-answer period shall close. Answers to such questions that materially change the conditions and specifications of this Request for Proposals will be sent to all attendees as an addendum. Any discussions or documents will be considered non-binding unless incorporated in an addendum. When addenda are required, the proposal opening date may be extended. Parties responding to this Request for Proposals must attend this preproposal conference for their submittal to be considered.

4. Selection of Consultant(s) or Consultant Team(s): The agreement will be awarded to the Proposer(s) that in the City’s opinion is the most responsive and responsible according to the criteria provided in this RFP.

5. Responsiveness: The City will consider the degree to which each Proposer has submitted a complete proposal without irregularities, exclusions, special conditions, or alternative proposals for any item unless specifically requested in the RFP.

6. Submission of Proposals: It is the Proposer’s responsibility to have it’s sealed proposal at the Decatur Public Works by 3:00 p.m. on March 11, 2026, the deadline for submission. Proposals received after the deadline will remain unopened and will not be considered. The following address should be used on the outside of the envelope containing the proposal:

Assistant City Manager – Public Works Decatur Public Works

2635 Talley St.

1st Floor

Decatur, Georgia 30031

Request for Proposals City of Decatur 2026 Speed Study

7. Proposals: An original and four copies of the proposal shall be submitted. Fewer copies of extensive materials covering the firm’s work are acceptable. Proposals should be limited to no more than 15 single-sided pages and must include:

o Cover Letter o Project Understanding and Approach – Describe your firms understanding of the project, including the approach to data collection, analysis, and public engagement o Team Qualifications, Capacity, and Resumes o Relevant Project Experience- Provide examples of 3 projects within the last 5 years that are similar in scope and scale to this study o Proposed Schedule and Cost Estimate – Provide an itemized budget, breaking down costs by task and deliverables o References (minimum of two municipal clients) o An electronic copy of proposals in Microsoft Word and PDF file formats on a thumb drive.

8. Examination of Site and Contract Documents:

(a) Proposers shall inform themselves of all conditions under which the work is to be performed, concerning the site of the work, the structure of the ground, the obstacles which may be encountered, whether shown in the Proposal Specifications or not, and all other relevant matters concerning the work to be performed.

(b) A Proposer to whom an agreement is awarded will not be allowed any extra compensation by reason of any such matters or things concerning which the Proposer did not inform themselves prior to proposing. The successful Proposer must employ, as far as possible, such methods and means in the carrying out of this work as will not cause any interruption or interference with any other Proposers.

(c) Before submitting a proposal, each Proposer shall examine carefully the complete Proposal Documents, including but not limited to Instructions to Proposers, Non-Collusion Affidavit, General Conditions, Special Conditions, the Form of Agreement and Bonds (if any), Plans and Specifications and all Addenda thereto, all of which contain provisions applicable not only to the successful Proposer but also to any of his subproposers.

(d) Each proposer is expected to base their proposal on materials and equipment complying fully with the Proposal Specifications, and in the event the proposer names or includes in their proposal, materials or equipment which do not conform the proposer will, if awarded an agreement, be responsible for furnishing materials and equipment which fully conform at no change in the proposers fee.

SECTION A: SCHEDULE

• RFP Issued: February 10, 2026

• Pre-Proposal Conference: February 25, 2026, 10:00 am

• Questions Due: February 27, 2026, 3:00 pm

• Proposals Due: March 11, 2026, 3:00 pm

• Selection: March 19, 2026

• Kickoff Meeting: Within 4 weeks of contract execution

SECTION B: ENGINEERING SERVICES

The City of Decatur is seeking the services of a Proposer(s) including firms, partnerships, joint ventures or teams to provide a speed study for the City of Decatur, Georgia.

Consultants must be able to follow the GDOT policies, processes, manuals, and guidelines. Additionally, Proposers must be able to provide services that comply with the most recent editions of the Manual on Uniform Traffic Control Devices (MUTCD), the AASHTO Policy on Geometric Design of Highways and Streets (Green Book), Urban Bikeway Design Guide (NACTO), and any other relevant transportation manuals.

Proposers interested in providing services shall provide information on design and engineering services for all Tasks listed. The proposal shall specify which Tasks are being proposed.

Services that may be utilized include the following tasks:

Task 1: Project Management and Coordination

• Conduct a kickoff meeting with City staff to confirm project objectives, study corridors, methodology, deliverables, and schedule

• Develop and maintain a detailed project schedule and communication plan

• Provide monthly updates via email and/or virtual meetings, or more frequently as requested by the City

• Coordinate with the City’s Active Transportation Director, Decatur Police

Department, Public Works, and other departments as needed

• Coordinate with GDOT staff as required to confirm methodologies and submission requirements as appropriate

• Ensure all deliverables are completed on schedule, within budget, and in compliance with GDOT and City requirements

Task 2: Data Collection

• Identify and confirm study corridors in coordination with City staff (anticipated 15- 20 locations)

• Develop a data collection plan consistent with GDOT and FHWA guidance

• Collect 72-hour speed and volume data using automated traffic recorders (ATRs)

• Document at a minimum the following metrics for each location:

o Posted speed limit o 85th percentile speed o Speed distribution and percentile breakdowns o Traffic volumes

• Coordinate and review additional data needs based on GDOT requirements which may include, but are not limited to:

o Crash history o Pedestrian and bike activity levels o Bus Transit activity o School zones

Task 3: Engineering and Traffic Investigation (per GDOT requirements)

• Conduct a complete engineering and traffic investigation (ETI) for each corridor to support potential speed limit modifications, including but not limited to:

o 85th percentile speed and pace analysis o Crash history (preferably the last 3 years) o Roadway geometry, including lane width, shoulder and curb conditions, and sight distances o Land use and roadside development including access points o Traffic mix analysis (including pedestrians, cyclists, and heavy vehicles) o Roadside friction and environmental context o Field drives to evaluate operating conditions and any speed related issues o Context considerations (including, but not limited to, bike lanes, multi-use paths, sidewalk, crosswalk, Safe Routes to Schools, proximity to transit, schools, churches, recreation centers, and parks)

• Use GDOT-accepted methodologies, including FHWA’s USLIMITS2 tool, where appropriate

Task 4: Public and Stakeholder Engagement

• Develop a public and stakeholder engagement plan in collaboration with City staff that aligns with Vision Zero and community goals

• Coordinate outreach with City Staff to ensure consistent messaging

• Host at least 3 in-person community meetings to share project goals, share preliminary data and findings, and gather feedback on corridor-specific concerns

• Prepare educational materials and/or displays to explain speed study methodology, key findings, and implications of proposed changes

• Collect, document, and summarize community feedback

• Facilitate 2 (two) City Commission work sessions to share and review findings and recommendations with City Commissions, City Manager, City Staff, and the community

Task 5: Recommendations and GDOT Justification

• Develop corridor specific speed management recommendations, which may include:

o Proposed speed limit changes o Recommended signage, striping, and enforcement support/strategies o Design interventions to reduce speeds where needed o Identify corridors where speed limit reductions alone may be insufficient and recommend complementary measures

• Prepare all documentation necessary for GDOT review and approval, including:

o Engineering justification memoranda o Updated “List of Roads” forms for submission o Complete GDOT submission packages o Radar Enforcement Justification if applicable

• Draft language for City Commission resolutions and supporting materials if applicable

Task 6: Final Report and Presentation

• Develop a final report summarizing data collection, methodology, engineering analysis, public engagement outcomes, and corridor specific findings and recommendations

• Include alternative speed management strategies where speed limit reductions are not feasible

• Include maps, data tables, and clear documentation of engineering analysis for each corridor

• Present findings and recommendations to City staff and, if requested, to the City Commission and/or public stakeholders

Deliverables:

• Project Work Plan and Study Corridors List

• Engineering and Traffic Investigation Reports for each corridor

• Draft and finalize “List of Roads” documentation and GDOT submission packages

• Final Speed Study Report (PDF and editable format)

• GIS-compatible shapefiles and spreadsheets for all data collected and analyzed data

• Public engagement materials including meeting summaries, presentation files, and feedback reports

If selected, the City will provide the proposer with available data. The City does not warrant the accuracy of the available data, and the Proposer is expected to conduct field investigations as required to complete the scope of work.

SECTION C: TECHNICAL PROPOSALS

Overview. Proposers shall provide detailed information to demonstrate their understanding of the services requested.

Documents. Technical proposals should be limited to no more than 15 single-pages plus any required documents and should be in an 8½" x 11” format.

Submission. The proposer shall package and seal its proposal so that it will not be damaged in mailing or shipping. All proposals and supporting documents will be submitted in accordance with the “Instructions” Section.

QUALIFICATIONS

Design Services: Proposers responding to this RFP must have been engaged in engineering and related services for at least five years and be licensed to practice in their appropriate field in the State of Georgia. Proposers must show evidence of prequalification with the Georgia Department of Transportation in the appropriate areas listed in Section B on or before the submittal date. The prequalification forms shall be part of the Appendix and will not count towards the 15 single-page count.

Personnel: Proposers shall have personnel available for assignment to this project who are experienced in all areas of expertise required by the scope of services, including but not limited to civil engineering, transportation planning, traffic management, and the preparation of ETI studies and all documents associated with speed reductions on local roads.

References: Proposers shall provide references for two similar assignments within the past five years.

Insurance: Proposers shall carry a minimum of Two Million Dollars ($2,000,000) professional liability policy to protect the City in case of negligent errors, acts or/and omissions of the firm. Please refer to the Sample Agreement for complete insurance requirements.

Independence: Proposers shall be completely independent of any manufacturer or supplier of the types of material and/or equipment that may be required for the project.

TECHNICAL APPROACH

Experience: Indicate areas of services outlined in Section B in which the Consultant is qualified.

PROPOSER EXPERIENCE

Projects. In this section, the Proposer shall provide a description of five (5) similar assignments, on behalf of local governments or similar clients (e.g., boards of education, community improvement districts, public authorities, etc.) within the southeastern United States completed during the past five years and/or in which it is presently engaged. The projects shall be of similar size, function, and complexity, in order of most relevant to least relevant and demonstrates the Proposer’s capability to perform the Tasks listed in Section B.

Include:

• Client name

• Contact person

• Telephone and email address

• Date of Service

• Brief description of the projects, budget and services provided on each.

• Provide project budget and describe whether project was/was not completed on time and within budget.

• List the names and roles of the proposed team members, if any, who participated in these projects.

• Any letter of reference/recommendations about the Proposer’s performance on the project may be included in the Appendix.

Proposer Capabilities. The Proposer shall provide a description of its limitations relative to facilities, staff personnel, on-going projects/contracts, etc. Specifically, what priority it intends to place on this project and how it intends to “staff up” if necessary, should it be chosen as the designer.

Proposer Primary Business. Provide the Proposer’s primary business interest and/or operations including organization and affiliations.

Proposer Information. Provide the following:

• List Proposer name, address, telephone number, and email address.

• Name of Proposer’s primary contact person(s) and telephone number(s).

• List Proposer’s total number of employees, by discipline.

• List year Proposer was established.

• List amount of professional liability (errors & omissions) insurance carried.

Rate Sheet. Submit a spreadsheet listing the name, classification, and billing rate of each proposed staff member for the specific Task including all subproposers on the team.

This rate sheet shall be set for a term of one (1) year. The billing rates shall include all labor cost, operating overhead, and profit for each position. Direct project expenses including but not limited to travel, lodging, reproduction, specialized equipment shall not be included in the rate sheet. These costs will be reimbursable at actual costs.

PERSONNEL EXPERIENCE

Organizational Chart. Show an organizational chart, including any subproposers, for this project.

Personnel. Include condensed resumes of proposed personnel showing education, qualifications, and experience. Long resumes may be included in the Appendix.

ASSURANCES

Assurances in Section D shall be submitted with the Technical Proposal.

SUPPLEMENTAL INFORMATION

Provide a statement explaining any exceptions taken to this RFP. In every case, the City will assume compliance unless a specific exception is taken.

EVALUATION FACTORS

The City will evaluate the proposals based on technical merit. It is the intent of the City to choose the Proposer whose proposal provides the best service to the City. The City reserves the right to waive any irregularities, reject any and/or all proposals, in whole or in part, when, in the City’s opinion, such rejection is in its best interests.

Evaluation Method.

An evaluation team will review each proposal. Its review and evaluation will be based on the following factors:

a. Personnel – expertise and qualifications of personnel listed in project team, 20%

b. Experience – evidence of past success in similar projects on time and within budget, 20%

c. Availability – ability of project team to perform tasks according to estimated schedule included in this RFP, 15%

d. Technical Proposal – content of technical proposal and quality of response to the requirements included in this RFP, 30%

e. Cost Proposal – reasonableness and detail of cost proposal, 15%

Selection Process. Following the evaluation of the proposals, the Evaluation Team may request a limited number of Proposers to make oral presentations and/or be interviewed. If a determination is made that presentations are necessary, the presentations will take place in the City of Decatur at a mutually acceptable date and time. The Evaluation Team will also be contacting references as part of the selection process.

Negotiations. Following the selection process, the finalists shall be re-evaluated. The City will negotiate with the Proposer whose proposal is determined to be most advantageous to the City. If negotiations with the selected Proposer fail, negotiations shall be initiated with additional Proposers until an agreement is reached. The City reserves the right to reject all offers and end the process without executing a contract.

Agreement. If the negotiation produces mutual agreement, the draft agreement included with the RFP shall be completed and forwarded to the Proposer for execution. The draft agreement format will be the only acceptable document for execution.

As described in the draft agreement, the successful Proposer and its subproposers must comply with the agreement’s prohibitions against conflicts of interest and contingent fees.

The successful Proposer shall require each of its subproposers to comply with all applicable terms of the agreement.

The City reserves the right to accept a proposal, as submitted, and enter directly into a contractual agreement with that selected Proposer. Accordingly, it is imperative that all submittals contain the best technical proposal in their initial submission.

Reservations. Submittal of a proposal indicates acceptance of the conditions contained in this request. The City of Decatur reserves the right to retain all proposals submitted. All proposals are public record to the extent required by the Georgia Open Records Act.

The City of Decatur reserves the right to accept or reject any or all proposals. The City of Decatur reserves the right to waive informalities and negotiate changes in the scope of work or services to be provided and to otherwise waive any technicalities.

SECTION D: ASSURANCES

EQUAL EMPLOYMENT OPPORTUNITY (EEO)

Proposers are expected to represent the diversity of the community. Such diversity should be reflected in such aspects as ownership, professional personnel, consultants and staff.

Evidence of such diversity should be part of the submittal.

EEO Plan. The Proposer will develop and implement an EEO policy that, as a minimum, will not discriminate against any employee or applicant for employment because of actual or perceived race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or veteran/military status. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their actual or perceived race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or veteran/military status. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer;

recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and, participation in recreational and educational activities. The Contractor confirms that it has a non-discrimination policy in place that prohibits discrimination based on actual or perceived race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age, disability, marital status, familial status or veteran/military status.

The Proposer will ensure equal employment opportunity applies to all terms and conditions of employment, personnel actions, and Proposer-sponsored programs. Every effort shall be made to ensure that employment decisions, programs and personnel actions are non-discriminatory. That these decisions are administered on the basis of an evaluation of an employee's eligibility, performance, ability, skill and experience.

a. Does the firm have the above EEO policy in place?

[ ] Yes [ ] No

b. If the answer to a. above is no, will the firm have such a policy in place for this project?

[ ] Yes [ ] No

Statement of Assurance. The Proposer herein assures the City that it is in compliance with Title VI & VII of the 1964 Civil Rights Act, as amended, in that it does not on the grounds of actual or perceived race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or veteran/military status, discriminate in any form or manner against employees or employers or applicants for employment and is in full compliance with the Americans with Disabilities Act.

Firm’s Name:

Authorized Signature:

Title: Date:

LEGAL AND CHARACTER QUALIFICATIONS

Claims and Lawsuits. Is the Proposer involved in any pending claims or lawsuits? If so, please describe.

AFFIDAVIT

This proposal is submitted to the City of Decatur, Georgia (the City) by the undersigned who is an authorized officer of the Proposer and said Proposer is licensed to do business in Georgia. Further, the undersigned is authorized to make these assurances and certifies their validity. The Proposer recognizes that all assurances and representations herein are binding on the Proposer and failure to adhere to any of these commitments, at the City's option, may result in a revocation of the agreement.

Consent is hereby given to the City to contact any person or organization in order to make inquiries into legal, character, technical, financial, and other qualifications of the Proposer.

The Proposer understands that, at such time as the City decides to review this proposal, additional information may be requested. Failure to supply any requested for information within a reasonable time may result in the rejection of the Proposer's proposal with no re-submittal rights.

The Proposer understands that the City, after considering the legal, financial, technical, and character qualifications of the Proposer, as well as what in the City's judgment may best serve the public interest of its citizens and employees, may grant a contract.

The Proposer understands that this proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a proposal for the same, and is in all respects fair and without collusion or fraud. It understands that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. Any agreement issued will be on the basis of the

Proposer’s service and financial plans and arrangements are feasible and adequate to fulfill the conditions set forth in this project and the Proposer’s response.

Company Name:

Authorized Person: Signature:

(Print/Type)

Title: Date:

Address:

Telephone:

Fax:

Email:

E-VERIFY

Georgia’s Illegal Immigration Reform and Enforcement Act of 2011 Contractor, Subcontractor and Sub-subcontractor Evidence of Compliance

Contractor, all Subcontractors, and all Sub-subcontractors shall comply with Georgia’s Illegal Immigration Reform and Enforcement Act of 2011. Contractor, Subcontractors and Sub-subcontractors, must provide Evidence of Compliance with these requirements, by:

1. Registering with the United States Department of Homeland Security federal work authorization E-Verify program.

2. Providing the Employment Eligibility Verification Program (EEV) Basic Pilot Program User Identification Number.

3. Providing Affidavits using the attached forms, maintaining records and affidavits for inspection by Owner at any time, and incorporating and attaching affidavits to contracts for construction.

Note: Below is a link to the U.S. Department of Homeland Security E-Verify site where a Contractor, Subcontractor, and/or Sub-subcontractor can register for the program.

https://www.e-verify.gov/

Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1)

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of the City of Decatur 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 contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor 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 information required by O.C.G.A. § 13-10-91(b). Contractor 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 Contractor

Name of Project

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 Agent

Printed Name and Title of Authorized Officer or Agent

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)(3)

By executing this affidavit, the undersigned 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 with

Name of Subcontractor on behalf of the City of Decatur 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 subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). The undersigned subcontractor shall submit, at the time of such contract, this affidavit to

Name of Contractor

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 Subcontractor

Name of Project

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 Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,

20 _.

NOTARY PUBLIC

My Commission Expires:

SAMPLEAGREEMENT

THIS AGREEMENT, entered into as of this day of _, , by and between of , (hereinafter referred to as the "Consultant") and the City of Decatur, Georgia (hereinafter referred to as the "City").

WITNESSETH THAT:

WHEREAS, the City desires to engage the Consultant to render certain technical or professional services hereinafter described in connection with an undertaking or project (hereinafter referred to as the "Project");and

WHEREAS, the Consultant desires to render such services in connection with the Project.

NOW THEREFORE, in consideration of the premises, and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows:

1. Employment of the Consultant. The City hereby agrees to engage the Consultant and the Consultant hereby agrees to perform the services hereinafter set forth in accordance with the terms and conditions contained herein.

2. Scope of Services. Consultant shall do, perform and carry out in a satisfactory and proper manner, as determined by the City Manager or his/her authorized agent (as used herein the City Manager's "authorized agent" shall mean that person designated by the City Manager in writing to the person executing this contract on behalf of the Consultant), the work and services described in Attachment "A" which is attached hereto and made a part hereof.

3. Term. This agreement shall become effective on the _____ day of ________, _____, and continue in effect for an initial term through the _____ day of ________, _____. Thereafter, extensions must be submitted via written notice at least sixty (60) days prior to the expiration of the then current term or unless sooner terminated pursuant to the termination provision of Section 23 of this agreement.

4. Compensation and Method of Payment. The Consultant shall be compensated for the work and services to be performed under this contract. In no event however, will the total compensation to be paid the Contractor under this contract exceed the sum of

(excluding such costs as printing and reproduction costs, courier costs, travel and similar costs).

5. Progress Payments. The Contractor shall be entitled to receive progress payments on the following basis: As of the last day of each calendar month during the existence of this contract, the Contractor shall submit to the City an invoice for payment based on the percentage of completion of the Project through the invoice period. Subject to the City's right to verify the accuracy of the invoice and the satisfactory performance of the work evidenced thereby, the City will make payments to the Contractor as the work progresses but not more often than once a month. Invoices must cover a period ending with the end of a month and must be received within five (5) days following the end of the invoice period.

The Contractor will be paid an amount which bears the same ratio to the total compensation to be paid to the Contractor under this contract as the work and services actually performed as of the end of the invoice period bear to the total work and services to be performed by the Contractor under this contract, less all previous progress payments made pursuant hereto. Upon completion and acceptance by the City of the work, including the receipt of any final written submission of the Contractor, the City shall pay the Contractor a sum equal to one hundred per cent (100%) of the compensation to be paid under this contract, less the total of all previous payments made.

6. Consultant's Personnel. Consultant represents that it has, or will secure at it’s own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of the City nor shall such personnel have been employees of the City during any time within the twelve-month period immediately prior to the date of this contract, except with the express prior written consent of the City Manager or his/her authorized agent. Further, Consultant agrees that no such personnel shall be involved in any way with the performance of this contract, without the express prior written approval of the City Manager or his/her authorized agent.

7. Approval of Subcontracts. None of the work or services to be performed under this contract by the Consultant shall be subcontracted without the prior written approval of the City Manager or his/her authorized agent. If such subcontracting is authorized as herein provided, all subcontract documents shall be submitted to the City Manager or his/her authorized agent, for his/her review and approval prior to the execution of such subcontract. Further, if requested by the City Manager or his/her authorized agent, the Consultant shall provide the City with such documentation as the City Manager shall require, regarding the method the Consultant used in selecting its subcontractor. The Consultant acknowledges that if the work or services to be performed under this contract is financed solely or partially through Federal funds, the selection of subcontractors is governed by regulations requiring competition between potential subcontractors or adequate justification for sole source selection. The Consultant agrees to abide by such regulations in its selection procedure. The Consultant shall require each of the Consultant’s subcontractor(s) to sign a statement certifying to and agreeing to comply with the terms and conditions this agreement. The Consultant shall return such executed statements to the City and they shall be incorporated in and become a part of the Agreement. No compensation shall be payable to the Consultant until executed certifications are received by the City for all of the Consultant’s Subcontractors.

8. Review and Coordination. To insure adequate review and evaluation of the work, and proper coordination among interested parties, the City shall be kept fully informed concerning the progress of the work and services to be performed hereunder. The City may require the Consultant to meet with designated officials of the City from time to time to review the work. Reasonable prior notice of such review meeting shall be given the Consultant.

9. Reports. The Consultant shall furnish the City with a narrative progress report for each progress payment invoice, in such form as may be specified by the City Manager or his/her authorized agent, outlining the work accomplished by the Consultant during the period covered by such invoice and the current status of the Project, including the percentage of the work which has been completed as of the end of the invoice period of such report.

Such report shall be furnished within five (5) days of the end of the invoice period.

10. Inspections. Authorized representatives of the City may at all reasonable times review and inspect the Project activities and data collected pursuant to this contract. All reports, drawings, studies, specifications, estimates, maps and computations prepared by or for the Contractor shall be made available to authorized representative of the City for inspection and review at all reasonable times in the Contractor's office where data is normally accumulated. Approval and acceptance of such material shall not relieve the Contractor of his/her professional obligation to correct, at his/her expense, any errors found in the work.

11. Maintenance of Cost Records. The Consultant shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and shall make such material available at all reasonable times during the period of the contract, and for three years from the date of final payment under the contract, for inspection by the City, and if the work and services to be performed under this contract is wholly or partially funded with Federal funds, the Comptroller General of the United States, or any of their duly authorized representatives. The Consultant shall include the provisions of this paragraph in any subcontract executed in connection with this Project.

12. Data to be Furnished Consultant. All information, data, reports, records and maps which are existing, readily available and reasonably necessary , as determined by the City Manager or his/her authorized agent, for the performance by the Consultant of the work and services required by this contract shall be furnished to the Consultant without charge by the City. The City, its agents and employees, shall fully cooperate with the Consultant in the performance of the Consultant’s duties under this contract.

13. Rights in Documents Materials and Data Produced. Consultant agrees that all reports, drawings, studies, specifications, estimates, maps, computations and other data prepared by or for the Consultant under the terms of this contract shall be delivered to, become and remain the property of the City upon termination or completion of the work. The City shall have the right to use same without restriction or limitation and without compensation to the Consultant other than that provided for in this contract. For the purposes of this contract, "data" includes writings, sound recordings, or other graphic representations and works of a similar nature. No reports, maps or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the Consultant or its subcontractors. If this contract provides for the development of systems analysis products, models, electronic data processing systems, software and related services, the methods, material, logic and systems developed under this contract shall be the property of the City, and may be used as the City sees fit including the right to re-use and republish the same without limitation.

14. Publication and Publicity. Articles, papers, bulletins, reports or other material reporting the plans, progress, analysis or results and findings of the work conducted under this contract shall not be presented publicly or published without prior approval of the City Manager or his/her authorized agent. All such reports, information, data, etc., shall be kept confidential by the Consultant and shall not be made available to any individual or organization by the Consultant, until the City Manager or his/her authorized agent authorizes the release of same in writing.

15. Interest of Consultant. The Consultant covenants that neither the Consultant, nor anyone controlled by the Consultant, controlling the Consultant, or under common control with the Consultant, nor their agents, employees or subcontractors, presently has an interest, nor shall acquire an interest, direct or indirect, which would conflict in any manner or degree with the performance of its service hereunder, or which would prevent, or tend to prevent, the satisfactory performance of the Consultant's service hereunder in an impartial and unbiased manner. The Consultant further covenants that in the performance of this contract no person having any such interest shall be employed by the Consultant as an agent, subcontractor or otherwise. If the Consultant contemplates taking some action which may constitute a violation of this paragraph 15, the Consultant shall request in writing the advice of the City Manager, and if the City Manager shall notify the Consultant in writing that the Consultant's contemplated action will not constitute a violation hereof, then the Consultant shall be authorized to take such action without being in violation of this paragraph.

16. Interest of Members of the City and Others. No officer, member or employee of the City, and no public official of any local government which is affected in any way by the Project, who exercises any function or responsibilities in the review or approval of the Project or any component part thereof, shall participate in any decision relating to this contract which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly, interested; nor shall any such officer, member or employee of the City, or public official of any local government affected by the Project, have any interest, direct or indirect, in this contract or the proceeds arising therefrom.

17. Officials not to Benefit. No member of or delegate to the Congress of the United States of America, resident Commissioner or employee of the United States Government, shall be admitted to any share or part of this contract or to any benefit to arise therefrom.

18. Nondiscrimination. The Consultant will not discriminate against any employee or applicant for employment or subcontractor because of actual or perceived race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or veteran/military status. The Consultant shall take affirmative action to insure that qualified applicants are employed and qualified subcontractors are selected, and that qualified employees are treated during employment, without regard to their actual or perceived race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or veteran/military status. Such action shall include, but not be limited to the following:

employment, upgrading, demotions, or transfers; recruitment or recruitment advertising;

layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities.

19. Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify and hold harmless the City, its officers, employees and agents from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the work herein, but only to the extent caused in whole or in part by acts or omissions of the Consultant, its officers, employees, agents, and anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder, except that this indemnification shall not extend to damages caused by or resulting from the sole negligence or intentional acts or omissions of the indemnity. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Subparagraph. Such obligation shall not be construed to limit or negate the Consultant’s right to seek contribution from any or all joint obligees whose acts or omissions in whole or in part gave rise to the claim, damage, loss or expense indemnified hereunder.

20. Insurance. The Consultant shall not commence work under this contract until all insurance described below has been obtained and such insurance has been approved by the City, nor shall the Consultant allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved by the Consultant and the City. The City of Decatur should be named as an additional insured on all policies except Workers Compensation.

a. Worker's Compensation: The Consultant shall procure and shall maintain during the life of this agreement, Worker's Compensation Insurance for all of its employees to be engaged in work on the project under this agreement, and in case any such work is sublet, the Consultant shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Consultant's Worker's Compensation Insurance.

b. Comprehensive General Liability: The Consultant shall procure and shall maintain during the life of this agreement, such Comprehensive General Liability Insurance as shall protect it and any subcontractor performing work covered by this agreement from claims for damages for Bodily Injury, including accidental death, as well as from claims for property damages, which may arise from operations under the agreement, whether such operations are by the Consultant or by any subcontractor or by anyone directly or indirectly employed by either of them as well as products/completed operations coverage to protect the work being performed and completed by the Consultant and its subcontractors. The amount of insurance shall not be less than the following:

$2,000,000 General Aggregate

$2,000,000 Products/Completed Operations Aggregate

$1,000,000 Personal and Advertising Injury Limit

$1,000,000 Each Occurrence Limit

c. Errors & Omissions: The Consultant shall hold the City harmless from any liability arising from acts or omissions of the Consultant’s employees or subcontractors and shall furnish to the City certificates of insurance certifying that the Consultant is carrying errors and omissions or professional liability insurance with minimum limits of

$1,000,000.00 per claim, $2,000,000.00 aggregate.

d. Automobile Liability: The Consultant shall procure and maintain during the life of this agreement, Comprehensive Automobile Liability Insurance in amounts not less than the…