FY25_CP_E05 Rdwy Dgn Batch 1 Floyd Clark RFQ.pdf

NOTICE OF SOLICITATION: REQUEST FOR QUALIFICATIONS #FY25-CP-E05

BULLOCH COUNTY TRANSPORTATION IMPROVEMENT PROGRAM

REQUEST FOR QUALIFICATIONS: Roadway Design Batch 1 Floyd Clark Road & Others Bulloch County Board of Commissioners

Engineering Department

ANNOUNCEMENT

The Bulloch County Board of Commissioners (Bulloch County) is accepting Statement of Qualifications (SOQ) from qualified engineering & design firms (Consultants) to provide professional design services as stated in this request. The deadline for receipt of all SOQ submissions is 11:00 AM, August 29, 2024. Prospective Consultants shall file all documents necessary to support its submittal, as prescribed. NO FAXES OR EMAILS ACCEPTED.

A Request for Qualifications package may be requested by emailing the Bulloch County Procurement Office at procurementeng@bullochcounty.net or by going to the Bulloch County website:

https//bullochcounty.net/bid-opportunities/ or by going to the Georgia Procurement Registry website: https://doas.ga.gov/state-purchasing/georgia-procurement-registry-local-governments/gpr-overview. It will be the sole responsibility of the Consultants to periodically check all websites for any addenda associated with this RFQ. Failure to include a signed copy of any addenda issued for this project in the submitted SOQ will result in the submitted SOQ not being considered for this project. For all questions concerning the RFQ, submit email correspondence to the Bulloch County Procurement Office at procurementeng@bullochcounty.net. All email correspondence during the question & response period must include the project identifier FY25-CP-E05 in the subject line of the email.

Consultants are responsible for the actual delivery of submittals during normal business hours 8AM- 5PM Monday-Friday (Excluding all local recognized holidays). An ORIGINAL SUBMISSION along with four (4) copies and an electronic copy on a thumb drive must be submitted in a sealed clearly marked envelope. No vendor’s conference is scheduled.

Submission Identification: The outside of the sealed envelope shall include the following:

RFQ# FY25-CP-E05

Roadway Design Batch 1 Floyd Clark Road and others Due Date: August 29, 2024 at 11:00AM EDT Attn: Procurement Manager

Upon completing an evaluation of the SOQ submissions following the scoring guidelines described in the RFQ, the technical review committee will recommend selection of a short list of Consultants to the County Engineer for approval. The approved short list of Consultants will be posted to the procurement websites.

mailto:procurementeng@bullochcounty.net https://bullochcounty.net/bid-opportunities/ https://doas.ga.gov/state-purchasing/georgia-procurement-registry-local-governments/gpr-overview https://doas.ga.gov/state-purchasing/georgia-procurement-registry-local-governments/gpr-overview mailto:procurementeng@bullochcounty.net

Bulloch County is an equal opportunity provider and does not discriminate against any vendor regardless of race, color, religion, age, sex, or national origin.

Bulloch County reserves the right to reject any and all submissions during this RFQ process and to waive any technicalities or informalities associated with this RFQ it deems is in the best interest of the County.

TERMS AND CONDITIONS

Disqualification: Submissions may be disqualified for: a) receipt of the submission by the County past the stated deadline; b) any irregularities; c) failure to complete requested information correctly; or

d) failure to comply with restrictions to firms. If in the opinion of the Bulloch County Board of Commissioners, the firm is not in a position to perform the contract, the statement may be disqualified. The County reserves the right to waive any minor informality or irregularities.

Restrictions to Firms: No employee of Bulloch County shall have a financial interest either directly or indirectly in the purchase of or contract for any goods or services, nor in any firm, corporation, partnership, limited liability company, or any other legal entity furnishing any goods or services to Bulloch County or any of its departments. For the purposes of this provision, an indirect financial interest includes, but is not necessarily limited to, the financial interest of an employee’s spouse.

Contact: Please submit all questions or concerns for this RFQ to the email address procurementeng@bullochcounty.net. All email correspondence during the question & response period must include the project identifier FY25-CP-E05 in the subject line of the email.

Consultants are required to communicate with Bulloch County using only the email address procurementeng@bullochcounty.net to clarify any part of this RFQ. Consultants are forbidden from contacting elected or appointed officials or any other employee of Bulloch County. Consultants shall not contact the aforementioned individuals with the intent of discussing this RFQ without the express written consent of the Bulloch County Manager. Any unauthorized contact shall not be used as a basis for responding to this RFQ and will result in the rejection of the Consultant's submittal.

Questions must be received by August 23, 2024 @ 11:00 AM EDT. Responses will be issued August 26, 2024 by 5:00 PM EDT.

Consultants who obtain this RFQ from Georgia Procurement Registry website:

https://doas.ga.gov/state-purchasing/georgia-procurement-registry-local-governments/gpr-overview or Bulloch County website: https//bullochcounty.net/bid-opportunities/ or from websites other procurement website providers are advised to re-visit the above websites to obtain any addenda which may be issued prior to the RFQ closing date August 29, 2024 11:00 AM EDT. The County assumes no responsibility for Consultant’s failure to acknowledge all addenda issued.

Non-Discrimination: Bulloch County, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.

mailto:procurementeng@bullochcounty.net mailto:procurementeng@bullochcounty.net https://doas.ga.gov/state-purchasing/georgia-procurement-registry-local-governments/gpr-overview https://doas.ga.gov/state-purchasing/georgia-procurement-registry-local-governments/gpr-overview https://bullochcounty.net/bid-opportunities/

Lawsuits/Bribery: Prospective Consultants shall disclose any record of pending lawsuits, criminal violations and/or convictions, etc., conflicts of interest, or contract defaults.

Liability: The County is not liable for any cost incurred in the preparation of the submission. Nor is the County bound by any information provided unless reduced to writing and distributed as a written addendum.

Reservations: The County reserves the right to reject any or all submissions, to award in whole or in part and to waive minor immaterial defects in submissions. Negotiations will be necessary to complete the contract.

Clarification of submittals: The County reserves the right to seek clarification of any point in a respondent's submission, or to obtain additional information.

Exceptions: Conditional submissions or those that take exception to the specifications will be considered only at the discretion of the County Engineer.

Indemnification: The Consultant agrees to indemnify, hold harmless, and defend Bulloch County, its officials, and employees (hereinafter collectively “the indemnitees”) from and against any and all claims, damages, liabilities, suits, proceedings, costs, and expenses of litigation (including, without limitation, reasonable attorney’s fees) related to or arising in any way out of the performance of this RFQ, unless such is attributable to the sole negligence of the indemnitees. The indemnity obligation of the Consultant will survive the expiration or termination of this RFQ.

Correction or withdrawal of submissions, cancellation of awards: Correction or withdrawal of submissions before or after opening, or cancellation of awards or contracts may be permitted only to the extent that the Consultant can show by clear and convincing evidence that a mistake of non-judgmental character was made, or where the award or cancellation is in the best interest of Bulloch County.

County Obligations: Bulloch County has a standing policy to disqualify or withhold compensation to vendors, contractors and design professionals from compensation or doing business with Bulloch County if there are existing obligations to Bulloch County for any liens, ad valorem taxes, licenses or other financial remittances due to Bulloch County.

Award: Award, if made, may be with the Consultant that is selected by the technical review committee based on scoring using the evaluation criteria set forth herein; however, the purchaser reserves the right to reject any and all submissions and to waive technicalities or informalities associated with the submission, and to make the award that it deems is in the best interest of the purchaser. The firm to whom the award is made will be notified at the earliest possible date. The purchaser reserves the right to reject any submission from a Consultant who has previously failed to perform properly, or to complete on time contracts of a similar nature.

Insurance: The selected Consultant shall provide proof of purchase from a company or companies authorized to do business in the state of Georgia and also maintain same throughout the life of the contract the following types of insurance:

A. Statutorily required workers’ compensation insurance.

B. Commercial general liability insurance, with an endorsement naming the County and its officials, officers, and employees as additional insured, and with limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate.

C. Motor vehicle liability insurance with limits of not less than $1,000,000.00 for bodily injury to or death of one person in any one accident, and not less than $2,000,000.00 because of bodily injury to or death of two or more persons in any one accident; and not less than $250,000.00 because of injury to or destruction of property.

D. Professional malpractice insurance (i.e., errors and omissions insurance) in an amount not less than $1,000,000.00 per occurrence.

SCOPE OF SERVICES

I. Introduction

a. Executive Summary and Background Information: Bulloch County is seeking professional services for the purpose of engineering and designing paved roadway and drainage improvements to the following County maintained roads: Prather Road, Grimshaw Road, Grimshaw Lane, Floyd Clark Road, Deer Run Road, Deer Run Court, & Deer Run Lane. Applicants shall be licensed and qualified to provide professional services that include developing and finalizing all necessary project plans, environmental documentation & permitting, opinion of probable construction cost, construction time duration, construction bid documents & services, construction bid assessment & recommendation, and construction site visits. The identified County Roads are currently maintained using resources from the Bulloch County Public Works Department and therefore, the engineering and design for paved roadway and drainage improvements should be completed as soon as practicable. The County prefers that the work included in this solicitation be completed in 270 calendar days or less from the issuance of the Notice to Proceed.

Time is of the essence.

b. Project Oversight: Bulloch County will provide a Project Manager from the County Engineering Department to act as Bulloch County’s representative and will be empowered to make decisions on behalf of Bulloch County throughout the design phase of this project.

c. Project Deliverables: The design professional who is awarded this project shall 1) provide all necessary stamped & sealed Released-for-Construction Plans for each County Road identified; 2) provide required minimum level of environmental documentation & permitting to support project design; 3) Provide Right-of-Way services in conformance with local policy and procedure for property title research, valuation appraisals, and acquisition services in, 4) provide Engineer’s opinion of probable construction cost at completion of conceptual design phase, preliminary design phase, and final design phase; 5) develop and provide a construction time duration to assist with determining allowable time during the construction phase; 6) support Bulloch County as necessary with production of construction bid documents prior to start of the construction procurement phase; 7) support Bulloch County as necessary with developing responses to bidders questions and developing addendums as necessary during the construction procurement phase; 8) support Bulloch County with assessment of all bids submitted and development of a bid recommendation; 9) provide a minimum of ten (10) site inspection visits, performed by the Engineer-of-Record (EOR), each occurring at critical stages during the construction phase and provide a stamped & signed Observation Report prepared by the EOR documenting each site visit.

d. Design Standards: It shall be the Design Professional’s responsibility to design, prepare, assemble, and coordinate the necessary bid and construction documents to complete the project. The completed design must comply with all applicable local, state, and federal laws and regulations. At a minimum, the latest editions and applicable addenda of the following standards shall be utilized for the project:

i. GDOT Standards, Details, and Specifications

ii. GDOT Drainage Design for Highways Manual

iii. Applicable American Association of State Highway and Transportation Officials Standards o A Policy on Geometric Design of Highways & Streets o Guidelines on Geometric Design of Low Volume Roads

iv. Manual on Uniform Traffic Control Devices

v. Americans with Disabilities Act Requirements

II. Topographical Survey: Complete a survey of the right of way at the project site and any areas beyond that are deemed necessary for design, including all necessary data required to produce right-of-way plans, final design, and estimate documents to be used for bidding and construction. Typical data to be included on the survey is as follows:

a. Property lines and names of property owners within the project area.

b. Utility locations and sizes, including invert and top elevations where necessary.

c. Existing topography including one-foot contours and any necessary spot elevations.

d. Existing roadway, shoulder, and drainage way in the Right-of-Way.

e. Existing improvements such as buildings, drives, and utilities.

f. Multiple control points for each County Road identified and a construction layout package including elevations for each County Road identified.

g. Any additional relevant design data required by the design team to satisfactorily meet all elements of the overall design.

III. Geotechnical Investigation: Acquire necessary information for subgrade and pavement design.

IV. Environmental Permitting: Consultant will be required to perform the following:

o Consultant will work with US Army Corps of Engineers (USACE) to determine if a

Nationwide Permit (NWP) is required for the project. If the Consultant determines a NWP is required, the Consultant will prepare and submit the application and supporting materials. The Consultant will coordinate with USACE as needed to finalize the NWP.

o Consultant will determine if a National Pollutant Discharge Elimination System (NPDES) permit is required for this project. If the Consultant determines a NPDES permit is required, the Consultant will prepare and submit the Notice of Intent application and supporting materials as well as the Notice of Termination and supporting materials.

V. Responsible for necessary actions to provide the appropriate minimum level of environmental documentation & permitting as required to support the Consultant’s design.

The Consultant shall lead all necessary environmental engagements involving federal and state agencies as required.

VI. Drainage Design: Design all drainage in accordance with GDOT Drainage Design for Highways Manual. The minimum design storm frequency for each grouping of roadways or each individual roadway shall be developed by the Consultant and presented to the County Engineer for approval prior to beginning final design. The Consultant shall be responsible for the development of a Hydrologic Report that supports and justifies the overall drainage design while ensuring no flooding is created upstream or downstream as applicable for each County Road identified. The Hydrologic Report shall include stormwater calculations for all open and closed drainage systems and submitted to the County Engineer prior to beginning final design.

VII. Construction Plans: Prepare detailed Released-for-Construction Plans, stamped, signed and dated by a Professional Engineer registered in the State of Georgia, which adhere to the design standards listed in Section “I.d.” above. The final design will include, but not be limited to, the following:

a. Cover Sheet

b. Index

c. Summary of Quantities for Roadway & Drainage

d. Typical Sections

e. Existing Conditions and Demolition Plan with centerline stations

f. Grading, Drainage, and Paving Plans with centerline stations

g. Roadway Plans: Horizontal and vertical alignment of roadway including profiles and cross-sections, and earthwork cut/fill quantities

h. Cross-Sections

i. Right-of-Way Plans

j. Guardrail Plans

k. Erosion Control Plan

l. Construction Details/Standards

m. Pavement and base specifications

n. Striping and Signage Plans

o. Bid Schedule and Bid Documents, including Specifications

p. Engineer’s Cost Estimate

VIII. Construction Administration/Inspections: Attend bid opening, and preconstruction conference (if conducted). Answer requests for information from the County Engineer during design, bidding, and construction. Perform up to ten (10) site inspection visits, performed by the Engineer-of-Record (EOR), each occurring at critical stages during construction delivery and provide a stamped & signed Observation Report prepared by the EOR documenting each site visit. Assist Bulloch County staff in compiling contractors punch list prior to completion of project (this would be in addition to the ten site inspections).

Upon approval, the final design documents shall become the property of the Bulloch County Board of Commissioners.

CLIENT SUPPORT DURING PROJECT IMPLEMENTATION

Where required, the County may approve tasking beyond the initial scope of services to the Design Professional as an additional service. The County Engineer or designated representative(s) shall act as the official interface for purposes of administering this contract. No other person(s) other than this representative is authorized to direct the agency regarding the terms of this contract. However, pursuant to the County’s policies, certain decisions will be referred to the County Manager or Board of Commissioners, where appropriate.

RFQ SUBMISSION REQUIREMENTS

The following content and order should be contained in the Consultant’s submission. Please do not add any marketing material unless it is relevant to explaining your project approach. Non-extraneous illustrations and supplemental attachments and explanations are acceptable. Prose and style should be straightforward and not superfluous. Limit submissions to 10 pages or less, not counting the front coversheet, back coversheet, and required Forms. Use font size no smaller than 10. The following information shall be included:

I. Basic Company Information

a. Company name

b. Company headquarters address

c. Contact information for the company’s point of contact for this solicitation

d. Company website, if available

e. Addresses for offices located in the State of Georgia

f. Staff – Number and disciplines of staff members employed in each office in Georgia

g. Ownership – State of residency or incorporation, number of years in business, and form of ownership

h. Non-Collusion Form (provided for Prime Consultant only

i. Bidder Declaration Form (provided for Prime Consultant only)

j. Contractor Affidavit Form (provided for Prime Consultant)

k. Contractor Affidavit Form (provided for Subconsultant)

II. Experience and Qualifications

a. Project Manager and Key Team Members

i. Education

ii. Registration

iii. Relevant project engineering experience

iv. Relevant project management experience for project manager

b. Prime Consultant Experience – Provide information on prime consultant’s experience and ability in delivering effective services for projects of similar complexity, size, scope, and function. Describe no more than five (5) projects in order of most relevant to least relevant, which demonstrate the consultant’s capabilities to provide services. For each project, the following information should be provided:

i. Client name and contact information including email and phone number, project location, and dates during which services were performed.

ii. Description of project and services performed by the Consultant.

iii. Duration of project services provided by the Consultant and overall project budget.

iv. Experience using processes described in the scope and design standards

v. Involvement of key team members on the projects

c. Resources/Workload Capacity – Provide information regarding the overall resources dedicated to delivering the project, including:

i. Organizational chart identifying the project manager, prime consultant, key team members, support personnel, and reporting structure.

ii. Primary Office – Identify and discuss primary office that will be responsible for handling the specific project, number and types of staff within the office, and how this office could benefit the project and promote efficiency.

iii. Additional Resource Areas and Ability (maximum one page) – Provide information regarding any additional resource areas identified as important to the project, discuss how key areas will integrate and work together on the project, and how the team can deliver the project on schedule given their workload capacity. Advantages of your team and abilities of team members which will enable the project to meet proposed schedule may be discussed.

iv. Project Manager and Key Team Members Commitment Table – Provide a list of all projects on which the proposed project manager and other key team members are currently committed to enable the County to ascertain availability of project manager and key team members.

III. Phase II Evaluation: The three (3) to five (5) design professionals deemed by the review committee as most highly qualified will be contacted by the County to provide technical approach information.

SUBMISSION EVALUATION AND AWARD

Upon submission of the requested information, the County’s review committee will review and score the submissions using the criteria below. Phase I will score Experience and Qualifications as well as Resources and Workload Capacity. Consultants that are selected for Phase II will provide Technical Approach and Past Performance information. Prior to the final selection, the County Engineer may require submittal of further documentation regarding the Consultant’s capabilities and qualifications. The information will be presented in summary form and a recommendation will be made to the County Manager and the Bulloch County Board of Commissioners for final selection and authorization to enter into contract negotiations.

Criteria for Evaluation of Submissions

Phase I

30% Factor: Experience and Qualifications of Project Manager, Key Team Members, and Prime Consultant

20% Factor: Resources and Workload Capacity of Project Manager, Key Team Members, and Prime Consultant

Phase II

40% Factor: Technical Approach

10% Factor Past Performance

TIME IS OF THE ESSENCE

Time is of the essence to complete the design phase of this project. The County desires to have the design work included in this solicitation completed within 270 calendar days from issuance of the Notice to Proceed for the work.

BULLOCH COUNTY, GEORGIA

NON-COLLUSION AFFIDAVIT

The following affidavit is to accompany the proposal:

STATE OF:

COUNTY OF:

Owner, Partner or Officer of Firm:

Company Name, Address, County and State:

The undersigned, being of lawful age, being first duly sworn, on oath says that he/she is the agent authorized by the vendor to submit the attached proposal. In making such representation, affiant further states for himself/herself and on behalf of vendor, that they have not been a party to any collusion among vendors in restraint of competition by agreement to submit a bid or proposal at a fixed price or to refrain from proposing; or with any office of Bulloch County or any of their employees as to quantity, quality or price in the prospective contract; or any discussion between vendors and any official of Bulloch County or any of their employees concerning exchange of money or other things of value for special consideration in submitting a sealed bid for:

FIRM NAME _________________________________________

SIGNATURE _________________________________________

TITLE _________________________________________

Subscribed and sworn to before me this _____ day of _____________ 20___

NOTARY PUBLIC _____________________________________

rnelson Text Box rnelson Text Box

BULLOCH COUNTY, GEORGIA

CONSULTANT DECLARATION

The Consultant understands, agrees and warrants:

That the Consultant has carefully read and fully understands the full scope of the specifications.

That the Consultant has the capability to successfully undertake and complete the responsibilities and obligations in said Request for Qualifications.

That this submittal shall be valid for 90 days.

That this submittal may be withdrawn by requesting such withdrawal in writing at any time prior to 10/15/2024 but may not be withdrawn after such date and time for a period of 90 days.

That Bulloch County reserves the right to reject any or all submittals and to accept that submittal which will, in its opinion, best serve the public interest. Bulloch County reserves the right to waive any technicalities or informalities in the submittal process.

That by submission of this submittal the Consultant acknowledges that Bulloch County has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information supplied by the Consultant.

If a partnership, a general partner must sign.

If a corporation the authorized corporate officer(s) must sign, and the corporate seal must be affixed to this proposal.

CONSULTANT:

Name Title

Name Title

AFFIX CORPORATE SEAL (if applicable)

Subscribed and sworn to before me this _____ day of _______________ 20____.

NOTARY PUBLIC _____________________________________

rnelson

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 Bulloch County, Georgia 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 E-verify Company ID# Date of Authorization

Name of Company

Name of Contractor

FY25-CP-E05 Roadway Design Batch 1 Floyd Clark Road & Others Name of Project

Bulloch County, Georgia___________ Name of Public Employer

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

Executed on ____________, _____, 20____ in _________________ (city), ____ (state).

Signature of Authorized Officer or 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:

* As of the effective date of O.C.G.A. § 13-10-91, the applicable federal work authorization program is the "EEV/Basic Pilot Program" operated by the U.S. Citizenship and Immigration Services Bureau of the U.S.

Department of Homeland Security, in conjunction with the Social Security Administration (SSA).

rnelson

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 contractor) on behalf of (name of public employer) has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned 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). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization E-verify Company ID# Date of Authorization

Name of Subcontractor Company

FY25-CP-E05 Roadway Design Batch 1 Floyd Clark Road & Others Name of Project

Bulloch County, Georgia Name of Public Employer

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

Executed on ____________, _____, 20____ in _____________(city), _________(state)

Signature of Authorized Officer or 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:

rnelson

ATTACHMENT: EXAMPLE CONTRACT FORMAT

STATE OF GEORGIA

COUNTY OF BULLOCH

PROFESSIONAL SERVICES AGREEMENT FOR:

(NAME OF SERVICES)

This Agreement is entered into this ____ day of __________, 20__, by and between Bulloch County, a political subdivision of the State of Georgia, acting by and through its governing authority, the Bulloch County Board of Commissioners, (hereinafter “the COUNTY”), and _________________, (hereinafter “the CONSULTANT”).

WITNESSETH: That in consideration of the mutual covenants, obligations, and promises herein contained, the parties do mutually agree as follows:

1. Engagement: The COUNTY, acting pursuant to its vested authority, does hereby hire the CONSULTANT to perform, and the CONSULTANT agrees to perform, professional services as set forth in Exhibit “A” attached hereto and incorporated herein as a part of this Agreement.

2. Items to be Furnished by the COUNTY: Assist the CONSULTANT by providing at his disposal all studies, reports, sketches, maps, and other documents in possession of or accessible to the COUNTY required to ensure successful project completion.

3. Time for Performance. Work under this Agreement shall commence upon the giving of written notice to proceed by the COUNTY to the CONSULTANT. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement within one-hundred eighty (180) calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the COUNTY.

4. Payment. The CONSULTANT shall be paid by the COUNTY for completed work and for services rendered under this Agreement as follows:

a. Payment for the work provided by CONSULTANT shall be made as provided in Exhibit “A” attached hereto, provided that the total amount of payment to CONSULTANT shall not exceed $ _______ (hereinafter the “CONTRACT PRICE”) without express written modification of this Agreement signed by the COUNTY.

b. The CONSULTANT may submit vouchers to the COUNTY once per month during the progress of the work for partial payment for project completed to date, up to 95% of the CONTRACT PRICE. The COUNTY will check such vouchers, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved.

rnelson

c. Final payment of any balance due the CONSULTANT of the CONTRACT PRICE earned will be made promptly upon its ascertainment and verification by the COUNTY after the completion of the work under this Agreement and its acceptance by the COUNTY.

d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment, and incidentals necessary to complete the work.

5. Ownership and Use of Documents. All documents, drawings, specifications, and other materials produced by the CONSULTANT in connection with the services rendered under this Agreement shall be the property of the COUNTY whether the project for which they are made is executed or not. The CONSULTANT shall be permitted to retain copies, including reproducible copies of drawings and specifications for information, reference and use in connection with CONSULTANT’S endeavors.

6. Indemnification. The CONSULTANT agrees to indemnify, hold harmless, and defend the COUNTY, its officials, and employees (hereinafter collectively “the indemnitees”) from and against any and all claims, damages, liabilities, suits, proceedings, costs, and expenses of litigation (including, without limitation, reasonable attorney’s fees) related to or arising in any way out of the performance of this Agreement, unless such is attributable to the sole negligence of the indemnitees. The indemnity obligation of the CONSULTANT will survive the expiration or termination of this Agreement.

7. Insurance: The selected firm shall provide proof of purchase from and maintain with a company or companies authorized to do business in the state of Georgia the following types of insurance:

a. Statutorily required workers’ compensation insurance.

b. Commercial general liability insurance, with an endorsement naming the

County and its officials, officers, and employees as additional insured, and with limits of not less than $1,000,000.00 per occurrence and $1,000,000.00 aggregate.

c. Motor vehicle liability insurance with limits of not less than $1,000,000.00 for bodily injury to or death of one person in any one accident, and not less than $2,000,000.00 because of bodily injury to or death of two or more persons in any one accident; and not less than $250,000.00 because of injury to or destruction of property.

d. Professional malpractice insurance (i.e., errors and omissions insurance) in an amount not less than $1,000,000.00 per occurrence.

rnelson

8. Independent Contractor. The CONSULTANT and the COUNTY agree that the CONSULTANT is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded COUNTY employees by virtue of the services provided under this Agreement. The COUNTY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, or otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT.

9. Covenant Against Contingent Fees. The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the CONTRACT PRICE or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

10. Discrimination Prohibited. The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies.

11. Assignment. The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the COUNTY.

12. Non-Waiver. The failure of the COUNTY to require performance by the CONSULTANT of any term or condition of this Agreement shall not be construed or held to be a waiver of such term or condition. The COUNTY’S waiver of any term or condition of this Agreement shall not be construed or held to be a waiver of any other term or condition of this Agreement.

13. Termination. The COUNTY or CONSULTANT may terminate this Agreement by giving thirty (30) days’ written notice to the other party. The COUNTY shall pay in full for all work previously authorized and performed prior to notice of termination. In the event of termination, the CONSULTANT agrees to cooperate reasonably with any other consultant thereafter retained by the COUNTY in making available information developed as the result of work previously performed by the CONSULTANT.

14. Notices. Any notices required or permitted pursuant to this Agreement shall be in writing and may be affected by U.S. mail or by facsimile. Mailed notices shall be deemed to have been received on the date of acknowledgment on any return receipt or three days after deposit in the U.S. mail with proper postage affixed, whichever date is earlier. Notices by facsimile shall be deemed to have been received on the date on the sending party’s facsimile confirmation sheet.

rnelson

15. Notices to the COUNTY shall be sent to the following address:

Bulloch County Board of Commissioners c/o County Manager 115 North Main Street Statesboro, GA 30458

(912) 764-6245 Phone

(912) 764-8634 Fax

With a copy to:

Jeff S. Akins, Esq.

County Attorney 115 N Main Street Statesboro, GA 30458

(912) 764-6245 Phone

(912) 764-8634 Fax

Notices to CONSULTANT shall be sent to the following address:

16. Legal Construction; Severability. This Agreement shall be governed by the laws of the state of Georgia. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it.

17. Entire Agreement. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof, and all prior agreements relating to the subject matter hereof, whether written or oral, are hereby nullified and superseded by this Agreement, and neither party shall have any further rights or obligations under such superseded agreements.

18. Amendment or Modification. This Agreement may be amended or modified only by the mutual written consent of the parties hereto. Such mutual written consent shall reference this Agreement, shall clearly state the amendments or modifications thereto, and shall be signed by an authorized officer or agent of the respective parties. Any purported amendment or modification of this Agreement that is not in writing or executed in accordance with this provision shall not be binding on either party and shall deemed null and void.

19. Immunity. Nothing contained in this Agreement shall be construed or deemed to be a waiver of any immunity to which the parties, their officials, officers, agents or employees are legally entitled.

rnelson

20. Time of the Essence. Time is of the essence of this Agreement.

21. Title VI Non-discrimination Agreement. During the performance of this contract, the consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:

a. Compliance with Regulations: The consultant shall comply with the Regulations relative to non-discrimination in federally assisted programs of the United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

b. Non-discrimination: The consultant, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

c. Solicitations for Sub-contracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the consultant for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub-consultant or supplier shall be notified by the consultant of the consultant’s obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, sex, or national origin.

d. Information and Reports: The consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a consultant is in exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to GDOT or the USDOT as appropriate and shall set forth what efforts it has made to obtain the information.

e. Sanctions for Non-compliance: In the event of the consultant’s non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to:

i. Withholding of payments to the consultant under the contract until the consultant complies, and/or.

ii. Cancellation, termination, or suspension of the contract, in whole or in part rnelson

f. Incorporation of Provisions: The consultant shall include the provisions of paragraphs (1) through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The consultant shall take such action with respect to any sub-consultant or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a consultant becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the consultant may request GDOT enter into such litigation to protect the interests of the state and, in addition, the consultant may request the USDOT enter into such litigation to protect the interests of the United States.

rnelson

IN WITNESS WHEREOF, the undersigned have hereunto affixed their hands and seals, this ____ day of ___________, 20___.

BULLOCH COUNTY (CONSULTANT)

By: _____________________________ By: _______________________ Thomas M. Couch, County Manager

Printed Name and Title

Attest: __________________________ Attest: ________________________ Venus Mincey-White, Clerk

Printed Name and Title

Attachments: EXHIBIT A

EXHIBIT A – SCOPE OF SERVICES

rnelson