FINAL _ RFQ 2024_022 CATS Admin Building Desi.pdf

RFQ# 2024-22 - CATS Admin Building Design

THE PROJECT: The Cherokee County Board of Commissioners Purchasing Department (County) is requesting Qualifications and corresponding proposals for design professional services to include schematic design, design development, construction documents, bidding assistance and contract administration for a new Cherokee Area Transit Services (CATS) facility. The new facility will be located on roughly 6.5 acres on the southwest corner of Univeter Road and Pinecrest Road in Cherokee County GA. The new facility will be approximately 6,900 square feet with room for an additional future phase. It will include, but is not limited to, offices, reception area, conference room, training room/garage, dispatch, restrooms, kitchenette and breakroom, restrooms and associated mechanical, IT, janitorial and storages spaces. The construction budget is estimated at approximately $4,500,000.

Please reference the preliminary site plan attached as Exhibit 1.

The schematic design, design development and construction document phase of this DBB project shall be complete within seven (7) months from the Notice to Proceed. It is the intent of the County to issue a request for proposals for construction services immediately following the completion of the construction documents. It is anticipated that the construction of the new facility shall be complete within 12 months following a notice to proceed to the contractor, and will include all services and as described herein.

There will be a non-mandatory Offeror conference on 4/18/24 at 2:00 PM. This conference will be held via Microsoft Teams Virtual Platform.

All times in the solicitation are local times to Cherokee County, Georgia in the Eastern Time Zone.

This document is one of two or more documents making up this solicitation. The second document is Cherokee County Standard Solicitation Terms and Conditions, which contains all the standard forms potentially required to accompany a submission. Both of these documents, including any additional items so indicated and posted on the County designated website1, along with any addenda, together constitute the entire solicitation at the time of issuance.

The County reserves the right to reject any or all submittals, to waive technicalities and to make a selection and final award as deemed to be in the best interest of the County, including using any form

1 https://www.bidnetdirect.com/cherokeecounty

Cherokee County Board of Commissioners Purchasing Department

1130 Bluffs Parkway, Canton, GA 30114 Phone: (678) 493-6000

Fax: (678) 493-6035

REQUEST FOR QUALIFICATIONS

https://www.bidnetdirect.com/cherokeecounty

Solicitation Requirements & Instructions, of contract it deems most advantageous to the County.

SCHEDULE:

Issued 4/4/24

Virtual Offeror Conference 4/18/2024 at 2:00 PM

Questions Due 4/22/2024 at 5:00 PM

Answers Due 4/24/2024

Qualifications and non-priced

Proposals Due 5/03/2024 at 10:00 AM

Anticipated Award Date 6/4/2024

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THE EXPECTED PERIOD OF PERFORMANCE:

The base period of performance is broken down into two areas; Physical Delivery of Product(s) and Service Delivery. This is a function of the Statement of Work (SOW) and/or specification and reflects if there is physical item or items to be delivered and / or delivery of services. An X in the box corresponding to item 1 below, Physical Delivery indicates a physical item or items are to be delivered and an X in the 2. Delivery of Services indicates that Services are to be performed. Either or both may apply to the work contemplated by this solicitation.

Additionally, should there be an X in the box corresponding item 3. Option Grant, then the County requests the right to extend the period of performance beyond the Base Rate as specified.

1. NO PHYSICAL ITEMS/GOODS PHYSICAL DELIVERY OF ITEMS/GOODS REQUIRED:

For Physical Delivery solicitations, the period of performance for an award shall begin with either the placement of Purchase Order or the date indicated on the Agreement. All items to be delivered are to be FOB Cherokee County at the address indicated in the solicitation.

Performance shall be complete upon final acceptance by the County. Time is of the essence for the delivery of each item specified. Warranty requested as below:

Warranty Term Requested: ____

2. No SERVICES REQUIRED PERFORMANCE OF SERVICES:

For Performance of Services solicitations, the period of performance shall begin with the placement of either a Purchase Order or the date of the Agreement unless the Agreement, the SOW or the Solicitation Terms indicate that performance shall begin upon the issuance of a Notice to Proceed (NTP), in which case the NTP would represent the beginning of performance. Term of services requested are as below:

Services Term:

One Year Two Years Three Years Other: See RFP Scope for detail.

3. OPTION GRANT:

This solicitation contains requested options; please see Statement of Work for details.

DBE REQUIREMENTS

Cherokee County has established a Race Neutral Program weighted DBE Utilization Goal of 6.08%.

There is no Contract Specific Goal for this Project.

The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this solicitation and resulting Contract. It is Cherokee County’s policy to practice nondiscrimination based on age, disability, race, gender, color, sex, religion or national origin in the award or performance of this contract. All companies qualifying under this solicitation are encouraged to submit proposals. The requirements of this solicitation apply for all Proposers, including those who qualify as a Disadvantaged Business Enterprise (DBE). Cherokee County encourages DBE participation to meet or exceed the agency goal for this contract. Proposers with questions regarding DBE certification may contact the Issuing Officer.

State of Georgia UCP Directory: https://gdotbiext.dot.ga.gov/ext-bi/saw.dll?dashboard

The Program is available for review on the County Procurement Website:

https://www.cherokeega.com/Procurement/Disadvantaged-Business-Enterprise-DBE-Program

SUBMITTAL INSTRUCTIONS:

Interested Bidders/Proposers should carefully review the requirements defined herein and provide complete and accurate submissions that should include the following items (only items indicated with an “X” in the corresponding boxes are required for this solicitation):

Information and Addenda Acknowledgement Form (Appendix A) Non-Influence and Non-Collusion Affidavit (Appendix B) E-Verify Affidavit (Appendix C) References* (Appendix D) Acceptance of County’ Standard Agreement**, as below: (Appendix E)

Professional Services Agreement (Sample provided) Construction Services Agreement (Sample Provided)

Architectural & Engineering Services Agreement (Sample Provided) Other:

Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (Appendix F)

Contractor’s License Certification (Appendix G) Bonds Requirements if the price bid > $100K

Ability to Provide Performance, Labor & Matl. Payment Bond (Appendix H) Bid Bond (See Appendix I)

Evidence of/ability to provide Insurance at the limits identified herein,*** Certifications, Licenses or Registrations as required by law and/or as requested Pricing on Proposer’s Company Letterhead Pricing on included pricing sheet / bid form Contractor’s Qualifications Statement (Appendix J) Added Terms to Construction Service Agreement (Attachment) Federal Grant Terms, Conditions, Certifications & Representations (Attachment) Substitutions Proposed: See Instructions Standard Solicitation Terms****, Item 9

Reference Projects Form Any other items identified for mandatory upload on the designated website.

This project is partially funded by the Federal Transit Administration. All documents listed above with an in the box are required to be submitted with complete and accurate information including signatures and notarization where required. Attachment 1 (Federal Transit Administration Required Contract Clauses) shall be incorporated into the County’s standard Agreement under Exhibit D to the Standard Contract. Failure to comply with this requirement will be deemed as non-responsive.

Notes:

*The County reserves the right to contact not only those references provided, but may also use previous performance for the County, other contacts it identifies and other sources of information believed to be viable to evaluate capability, viability and performance.

**If Acceptance of County’s Standard Agreement is checked, all work/items defined herein are to be quoted according to these requirements. Copies of these agreements can be located at the County’s Procurement web page.

***Insurance levels requested are those identified in the County’s Standard Agreement, section “I.”

or in posted separate insurance guidelines.

****Standard Solicitation Terms Refer to Cherokee County Standard Solicitation Terms and Conditions

EVALUATION CRITERIA:

Qualifications or Proposals that contain options or additive work above and beyond the base scope will be evaluated financially according to the criteria described in the solicitation. However, should the use of options or additive work proposed exceed the County budget, the County retains its rights to address such situations as described in its Standard Terms For Bid and Proposal Solicitation as well as the right to award based on the evaluated and scored qualifications negotiated to a fee considered fair and reasonable by the County that is within its budget.

Bids determined to be Responsive and Responsible will be ranked based Bid Form Criteria.

OR

Qualifications and corresponding task and fee proposals determined to be Responsive and Responsible will be evaluated on the following criteria:

30% Project Understanding and Approach 35% Experience and Qualifications 25% Technical Capability 10% Sustainability and Environmental Compliance

100% TOTAL

References may be contacted should the evaluation team deem them necessary.

RFP Evaluation Criteria and Weight Percentages:

Pass / Fail Criteria

1. Consultant must possess all necessary professional licenses and certifications required to provide design professional services in the state of Georgia.

2. Consultant must have a minimum of 5 years of business operation, preforming similar work.

3. Consultant must possess proven financial stability, supported by audited financial statements for the past 3 years, which must be made available upon request.

4. In addition to Appendix D, Consultant must provide a minimum of 5 similar reference projects, similar in scope and complexity to the Work, completed within the last 5 years, demonstrating satisfactory performance and client satisfaction, as required on the Reference Projects form.

Weighted Criteria

1. Project Understanding and Approach (30%): Evaluation of the proposer's grasp of the project's objectives and their proposed methodology to achieve these goals.

a. What are the projects key risks in each stage/phase, and how do you plan on addressing them in your approach?

b. Describe your project management and communication strategy.

Documentation: Project plan outline, project management strategy document.

2. Experience and Qualifications (35%): Assessment of the proposer's experience and the qualifications of key personnel dedicated to the project.

a. What experience does your team have in similar projects?

b. What are the qualifications of the key personnel assigned to this project?

c. Can you provide references from previous projects?

Documentation: Team resumes (Team resumes limited to 1 PDF page per Key Team member), Appendix “D”

(References), Reference Projects Form, Open Response Portfolio. (Open Response Portfolio limited to 5 PDF pages.)

3. Technical Capability and Capacity (25%): Examination of the proposer's technical resources and capability to meet project requirements.

a. How do you ensure quality control and compliance with specifications?

b. Describe your capability to handle changes in project scope or unforeseen challenges.

c. What is the current project load for the key team members?

d. How will they allocate their time between this project and others?

Documentation: Technology and software list, quality control policy, change management process document.

4. Sustainability and Environmental Compliance (10%): This project is partially funded by a Federal

Transit Administration (FTA) Urbanized Area (5307) Formula Grant. Per FTA guidelines, the federal share generally does not exceed 80 percent of the net project cost for capital expenditures. However, the federal share may be 90 percent for the cost of facilities (including clean fuel or alternative fuel vehicle-related equipment or facilities) for the purpose of complying with, or maintaining compliance with, the Americans with Disabilities Act and the Clean Air Act. It is the county’s goal to maximize the federal share on this project. Consider the above statement of the County's commitment to sustainability and approach to ensuring environmental compliance along with the presented budget.

In consideration of these requirements and stated desires, please address the following:

a. Describe your experience with environmental compliance for similar projects.

b. Given the options available for sustainability standards (LEED, Energy Star, BREEAM, SITES, etc…) which standards are you most familiar with? Which ones provide the most attractive balance of initial investment (given project budget limitations) with long term costs? Which standard, considering the statements above, would your firm recommend for this project, considering our goals and funding partners?

Documentation: Recommended Approach for Sustainability and Environmental Compliance.

Proposals will be scored on the above evaluation criteria. Failure to provide information necessary to evaluate proposal, may result in a finding that the proposal was not responsive, or may result in a lower scoring proposal.

EVALUATION PROCESS

Submitted Qualifications will be evaluated in accordance with the process outlined in the Cherokee County Standard Solicitation Terms and Conditions with the following exceptions:

1. Price is excluded as an evaluation factor.

2. The Evaluation committee will review, score, and rank all responsive submissions based on the evaluation criteria. Interviews, if conducted, will be conducted with between 3 and 5 of the highest ranked offerors.

3. The Evaluation committee will review, score, and rank all responsive offerors in accordance with the Evaluation Criteria.

4. Negotiations, including final scope and fees, will be conducted with the highest ranked offeror.

5. If negotiations fail to produce, in the opinion of the County, a fair and reasonable fee, negotiations will be terminated with the current highest ranked offeror, and fee negotiations will be opened with the next highest ranked offeror. This process may continue until the contract is awarded or until the list is exhausted.

The County reserves the right to reject the offer of any company who has previously failed to perform properly or complete on time contracts of a similar nature, or who upon investigation shows is not in a position to perform the contract.

HOW AND WHERE TO SUBMIT BIDS AND PROPOSALS:

The County has two methods for receiving bids and proposals that are mutually exclusive; either electronically or by physical receipt. The box with the “X” below indicates how and where bids or proposals are to be submitted. The County will NOT accept proposals by fax, or e-mail unless authorized, in writing, by the Procurement Director. The solicitation submission deadline will be strictly enforced; no late bids/proposals will be accepted for any reason, please plan accordingly.

A. Electronic Submissions Only:

Bids and Proposals are to be submitted electronically ONLY to BidNet Direct. Physical copies are not to be submitted unless approved in advance by the Purchasing Director.

Proposals and all requested documentation to be provided electronically should in the Adobe Portable Document Format (PDF) as ONE file unless otherwise indicated in these solicitation instructions, or if separate uploads are required by the procurement platform. Documents provided in response to this solicitation are to be named according to the following naming convention:

a. [Solicitation Number]_[Vendor Name]_[Document Type] Example: “2017-111_ABC Company_Proposal”

QUESTIONS/ADDENDA:

Only written inquiries will be permitted during the solicitation period. Questions are to be submitted via BidNet Direct for this solicitation no later than the date and time indicated in the Schedule, as may be amended. Answers will be posted via formal Addendum and only released as part of the solicitation documents on BidNet Direct. All interested parties are instructed to monitor BidNet Direct on a regular basis throughout the solicitation period. The final date for posting of Addenda is per the Schedule, as may be amended.

STATEMENT OF WORK AND / OR SPECIFICATION LOCATED ON THE NEXT PAGE

STATEMENT OF WORK AND / OR SPECIFICATION:

STATEMENT OF WORK AND / OR SPECIFICATION:

Cherokee County requests proposals for design professional services to include schematic design, design development, construction documents, bidding assistance and contract administration for a new Cherokee

Area Transit Services (CATS) facility. The new facility will be located on roughly 6.5 acres on the southwest corner of Univeter Road and Pinecrest Road in Cherokee County GA. The new facility will be approximately

6,900 square feet with room for an additional future phase. It will include, but is not limited to, offices, reception area, conference room, training room/garage, dispatch, restrooms, kitchenette and breakroom, restrooms and associated mechanical, IT, janitorial and storages spaces. The construction budget is approximately $4,500,000.

Please reference the preliminary site plan attached as Exhibit 1.

The schematic design, design development and construction document phase of this project shall be complete within six (6) months from the Notice to Proceed. It is the intent of the County to issue a request for bids for construction services immediately following the completion of the construction documents. It is anticipated that the construction of the new facility shall be complete within 12 months following a notice to proceed to the contractor.

Project Overview

Basic services should include Architectural, Civil, Structural, and Mechanical/Electrical (including low voltage)/Plumbing, Fire Suppression, and Alarm system design services for the building. Public sewer is available at the site. A backup generator shall be included in the project. Cost estimating shall also be included.

A preliminary geotechnical study will be provided to the design firm awarded the project.

Site

The selected site is located on an undeveloped property in Cherokee County at the southwest corner of

Univeter Road and Pinecrest Road. Existing trees will need to be removed. Erosion control will be required per standards as required to meet final design and regulatory compliance.

Exterior

The exterior of the building shall include low-maintenance, durable materials such as brick, cementitious siding, metal panels and a standing-seam metal roof.

TASKS

1. Schematic Design Phase:

Using the program and block diagram information provided by the County, the design professional will produce architectural and engineering documents to confirm the concept site plan, develop the floor plan, create exterior elevations concepts for selection, satisfying the requirements of Code and authorities having jurisdiction within the County’s estimate of probable construction, to include:

1. Boundary and Ground-run topographic survey

2. Site Plan, Floor Plan, Roof Plan

2. Exterior Elevations

3. A Concept Rendering at the Main Entry

4. Preliminary Building Code, Zoning and Ordinance Narrative.

5. Reconciliation with the County’s Estimate of Probable Construction Cost

2. Design Development / Construction Document Phase:

The Design Development/Construction Documentation Phase will serve to further develop the design and to identify and integrate the key building systems. At this phase, the design professional will involve engineers to establish the approach for the project parameters and budget. The County will provide a Facilities Design and

Specification Manual for reference to the selected Design Professional. The completed documents will be suitable for obtaining permits as well as pricing by a general contractor to include the following:

1. Civil Documents:

a) Site Plan

b) Boundary, Topo, Stormwater, Sanitary and Utility Plan(s)

c) Site and/or Site Wall Sections and Details

d) Parking Canopy Plans, Sections, Details

e) Specifications

2. Architectural Documents:

a) Floor Plan

b) Reflected Ceiling Plan

c) Enlarged Core Plan and Detail

d) Roof Plan and Details

e) Exterior Building Elevations

f) Wall Sections

g) Details

h) Specifications

3. Interior Design Documents

a) Finish Plan and Schedule

b) Public Lobby and Restrooms

4. Structural Engineering Documents:

a) Foundation Plan

b) Floor and Roof Framing Plans

c) Structural Details

d) Column Schedule (as required)

e) Specifications

5. Mechanical Engineering Documents:

a) HVAC Floor Plan

b) HVAC Roof Plan

c) HVAC Schedules and Details

d) Plumbing Plans and Riser Diagrams

e) Fire Protection Sprinkler Performance Specification

1. Sprinkler head and piping design by licensed subcontractor via general contractor.

f) Specifications

6. Electrical Engineering Documents:

a) Electrical Site Plan

b) Electrical Floor Plan

c) Electrical and Lighting Plans

d) Low Voltage Power, Junction boxes and Conduit Plan

1. Coordination with others for Panels, Cabling, Terminations, etc.

e) Electrical Panel Schedules and Riser Diagram

f) Specifications

3. Bid Phase Assistance

Bidding will be handled exclusively by the County with assistance from the design professional in the evaluation of bids and selection of a general contractor.

4. Construction Phase Contract Administration

Upon issuance of a contract for construction and Notice to Proceed, the Design Professional’s scope shall include:

1. Shop drawing review

2. Requests for information review and responses

2. Issuance of architectural bulletins, change order proposals, and change order documents.

3. Review of the contractor’s monthly application for payment and progress of the work.

4. Bi-weekly construction site visits with written reports as follows (anticipated level of effort):

a. Architect

1. 24 Site Visits

2. 1 Punch List Visit

3. 1 Final Visit

b. Mechanical Engineer

1. 4 Site Visits

2. 1 Punch List Visit

3. 1 Final Visit

c. Electrical Engineer

1. 4 Site Visits

2. 1 Punch List Visit

3. 1 Final Visit

d. Structural Engineer

1. Upon Request

e. Civil Engineer

1. 3 Site Visits

2. 1 Punch List Visit

3. 1 Final Visit

Contract Administration services are based on a construction period not to exceed 12 months.

Exhibit 1 (Site Plan)

See attached PDF.

END OF STATEMENT OF WORK/SPECIFICATION

RFQ# 2024-22

COST PROPOSAL DIRECTIONS

To Be provided within 5 business days of request:

Fee (Negotiated Fair and Reasonable Fee): The fee proposal relative to the scope and quality of the services offered. Cost proposals may be requested from the highest ranking offeror

a. Contract Type: Negotiated Lump Sum, payable based on task milestones and percentage complete basis within the relevant milestones. Reimbursables are defined and may be submitted for reimbursement up to a negotiated Not-to-Exceed amount. The lump sum must be based on a buildup of the cost detail requested below.

b. Fee Proposal

1. Proposal must include an hourly rate schedule broken down by cost, Federally

Audited Overhead Rate compliant with relevant FAR part 31 cost principles, and profit. In addition, the cost proposal must be broken down by Task, skill mix, and level of effort. The task breakdown provided will be used to develop project milestones and related documents.

2. Subject to negotiations, but in order to provide direction with regard to Fee proposal development, the County has provided in the above scope its site visit expectations.

Consultant must provide in its fee proposal a fixed cost, by discipline, for any additional site visits if requested during the construction phase as may be requested by the County. Additional site visit costs will be paid on a fixed fee per trip basis, cost should include report and expenses per trip for the following disciplines:

1. Architect

2. Mechanical Engineer

3. Electrical Engineer

4. Structural Engineer

5. Civil Engineer

c. Describe any cost-saving measures that could be applied to this project.

ATTACHMENT 1

FEDERAL TRANSIT ADMINISTRATION

REQUIRED CONTRACT CLAUSES

(SEPARATELY PAGINATED)

Federal Transit Administration Required Contract Clauses

Contents Access to Records and Reports

The Clean Air Act and Federal Water Pollution Control Act

Civil Rights and Equal Opportunity

Disadvantaged Business Enterprise

Energy Conservation

Fly America Requirements

Debarment, Suspension, Ineligibility and Voluntary Exclusion

Lobbying Restrictions

Prohibition Against Contingent Fees

No Federal Government Obligation to Third Parties

Intellectual Property Rights

Program Fraud and False or Fraudulent Statements or Related Acts

Safe Operation of Motor Vehicles

Seismic Safety

Termination for Convenience (General Provision)

Termination for Default [Breach or Cause] (General Provision)

Opportunity to Cure (General Provision)

Waiver of Remedies for any Breach

Termination for Convenience or Default (Architect and Engineering)

Rights and Remedies

Disputes

Performance during Dispute

Claims for Damages

Federal Changes

Incorporation of FTA Terms

Ban on Foreign Telecommunications

ADA Access

Conformance with ITS National Architecture

Access to Records and Reports

a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records.

b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required.

d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required.

The Clean Air Act and Federal Water Pollution Control Act Recipients can draw on the following language for inclusion in their federally funded procurements.

The Contractor agrees:

1) It will not use any violating facilities;

2) It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating

Facilities;”

3) It will report violations of use of prohibited facilities to FTA; and

4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C.

§§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387).

Civil Rights and Equal Opportunity The COUNTY is an Equal Opportunity Employer. As such, the COUNTY agrees to comply with all applicable

Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by

Federal laws or regulations, the COUNTY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications.

Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.

1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal

Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal

Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29

C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and

Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving

Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural

Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the

Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

Disadvantaged Business Enterprise Cherokee County shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or the administration of its DBE Program or the requirements of 49

CFR part 26. Cherokee County, Georgia, shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. Cherokee County, Georgia’s DBE Program, as required by 49 CFR part 26 and approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation, and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to Cherokee County, Georgia, of its failure to carry out its approved program, the Department may impose sanction as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil

Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

The following clause is required to be placed in every contract and subcontract:

The contractor, sub-recipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the COUNTY deems appropriate.

The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) days from the receipt of each payment the prime contractor receives from COUNTY.

The prime contractor agrees to return retainage payments to each subcontractor within thirty (30) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of Cherokee. This clause applies to both DBE and non-DBE subcontracts.

COUNTY uses a Final Affidavit and Payment Bond in all construction contracts to monitor and enforce that prompt payment and return of retainage is, in fact, occurring.

Energy Conservation The contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation

Act.

Fly America Requirements

a) Definitions. As used in this clause--

“International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States.

“United States” means the 50 States, the District of Columbia, and outlying areas.

“U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411.

b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair

Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel

(and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.

c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property.

d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows:

Statement of Unavailability of U.S.-Flag Air Carriers

International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See

FAR § 47.403. [State reasons]:

(End of statement)

e) The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation.

(End of Clause)

Debarment, Suspension, Ineligibility and Voluntary Exclusion The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and

Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension

(Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the

Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or COUNTY to be:

a) Debarred from participation in any federally assisted Award;

b) Suspended from participation in any federally assisted Award;

c) Proposed for debarment from participation in any federally assisted Award;

d) Declared ineligible to participate in any federally assisted Award;

e) Voluntarily excluded from participation in any federally assisted Award; or

f) Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the COUNTY. If it is later determined by the COUNTY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

Lobbying Restrictions The Lobby Form required in the response to the solicitation is incorporated by reference.

Prohibition Against Contingent Fees The Consultant warrants that they have not employed or retained any company, or person, other than a bona fide employee working solely for the Consultant, registered land surveyor, or professional engineer, to solicit or secure this Contract, and that they have not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this

Contract.

No Federal Government Obligation to Third Parties.

The COUNTY and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal

Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the COUNTY, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

Intellectual Property Rights This Project is funded through a Federal award with FTA for experimental, developmental, or research work purposes. As such, certain Patent Rights and Data Rights apply to all subject data first produced in the performance of this Contract. The Contractor shall grant the COUNTY intellectual property access and licenses deemed necessary for the work performed under this Agreement and in accordance with the requirements of

37 C.F.R. part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under

Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by FTA or U.S. DOT. The terms of an intellectual property agreement and software license rights will be finalized prior to execution of this Agreement and shall, at a minimum, include the following restrictions: Except for its own internal use, the Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Contractor authorize others to do so, without the written consent of FTA, until such time as

FTA may have either released or approved the release of such data to the public. This restriction on publication, however, does not apply to any contract with an academic institution. For purposes of this agreement, the term “subject data” means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Contract. Examples of “subject data” include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar information used for performance or administration of the

Contract.

1. The Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for “Federal Government Purposes,” any subject data or copyright described below. For “Federal Government Purposes,” means use only for the direct purposes of the Federal Government. Without the copyright owner’s consent, the Federal Government may not extend its Federal license to any other party.

a. Any subject data developed under the Contract, whether or not a copyright has been obtained;

and

b. Any rights of copyright purchased by the Contractor using Federal assistance in whole or in part by the FTA.

2. Unless FTA determines otherwise, the Contractor performing experimental, developmental, or research work required as part of this Contract agrees to permit FTA to make available to the public, either FTA’s license in the copyright to any subject data developed in the course of the Contract, or a copy of the subject data first produced under the Contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of this Contract, is not completed for any reason whatsoever, all data developed under the Contract shall become subject data as defined herein and shall be delivered as the Federal Government may direct.

3. Unless prohibited by state law, upon request by the Federal Government, the Contractor agrees to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. The Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal

Government.

4. Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the

Federal Government under any patent.

5. Data developed by the Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying Contract is exempt from the requirements herein, provided that the Contractor identifies those data in writing at the time of delivery of the Contract work.

6. The Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance.

Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program

Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49

U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C.

§ 5323(l) on the Contractor, to the extent the Federal Government deems appropriate.

The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with

Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

Additional Notice to U.S. DOT Inspector General. The County will promptly notify the U.S. DOT Inspector

General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the County is located, if the County has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False

Claims Act, 31 U.S.C. § 3729 et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the County and FTA, or an agreement involving a principal, officer, employee, agent, or Third-Party Participant of the Recipient. It also applies to subcontractors at any tier.

Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision applies to all divisions of the Recipient, including divisions tasked with law enforcement or investigatory functions.

Safe Operation of Motor Vehicles

Seat Belt Use The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company- rented vehicles, or personally operated vehicles. The terms “company-owned” an “company-leased” refer to vehicles owned or leased either by the Contractor or COUNTY.

Distracted Driving The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement.

Seismic Safety The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation

(DOT) Seismic Safety Regulations 49 C.F.R. part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract, including work performed by a subcontractor, is in compliance with the standards required by the Seismic Safety regulations and the certification of compliance issued on the project.

Termination for Convenience (General Provision) The…