public_safety_facilities_architectural_servic.pdf

GLYNN COUNTY GEORGIA

BOARD OF COMMISSIONERS

PUBLIC SAFETY FACILITIES ARCHITECTURAL SERVICES

PROJECT

REQUEST FOR PROPOSAL

RFP24-056

RESPONSE DEADLINE: June 19, 2024, 1:30 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/glynncounty file:///C:/portal/glynncounty

Glynn County BOC Public Safety Facilities Architectural Services Project - RFP24-056

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Table of Contents

1. INTRODUCTION

2. INVITATION TO PROPOSERS

3. INSTRUCTIONS TO PROPOSERS

4. DEFINITIONS AND GENERAL TERMS AND CONDITIONS

5. PROGRAM SERVICES

6. PRICING PROPOSAL

7. PROPOSAL REQUIREMENTS

8. EVALUATION

9. VENDOR QUESTIONNAIRE

Attachments:

A - Glynn County Sample Contract

B - Glynn County Project Schedule

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1. INTRODUCTION

1.1. SUMMARY

In 2022 the SPLOST 2022 referendum was approved by Glynn County Voters which included the design and construction of a new Fire Station and a Public Safety Multiuse Facility. The Glynn County Board of

Commissioners is soliciting proposals from firms interested in providing A&E Services for the

Construction of a new Fire Station and Public Safety Multiuse Facility (which will house an Emergency

Operations Center). It is the intent to hire one Firm to design both facilities.

1.2. BACKGROUND

LOCATION

Glynn County is located on the Southeastern part of the State of Georgia. Its Northern boundary is formed by the Altamaha River, Wayne and Brantley Counties on the west, Camden County on the south, and the Atlantic Ocean on the east. As a favorable consequence of its geology, the County has the Port of Brunswick. The Port has been of immense economic benefits to Glynn County.

By roadway, Brunswick is located: 78 miles from Savannah, 315 miles from Atlanta, 225 miles from

Macon, 262 miles from Columbus, and 180 miles from Albany. Jacksonville, Florida is located 79 miles from Brunswick.

TOPOGRAPHY

Glynn County lies within the Lower Coastal Plain Physiographic Province and has topography typical of this province of very gently rolling uplands interspersed with low lying swampy area. Elevations range from sea level along the coast to forty-five feet in the western part of Glynn County. The County encompasses 423 square miles.

POPULATION

The most recent census established the population of Glynn County at just below 85,000.

1.3. CONTACT INFORMATION

Resden Talbert

Procurement Officer

1725 Reynolds Street

Brunswick, GA 31520

Email: rtalbert@glynncounty-ga.gov

Phone: (912) 554-7135

Department:

Procurement mailto:rtalbert@glynncounty-ga.gov tel:(912)554-7135

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1.4. TIMELINE

Release Project Date May 14, 2024

Pre-Proposal Meeting (Non-Mandatory) May 28, 2024, 10:00am

Administrative Conference Room 224 located on the 2nd floor of the Harold Pate Building 1725

Reynolds Street Brunswick, GA 31520. For those unable to attend in person, the meeting will be streamed live via Teams. Meeting ID: 229 653 945

40 Passcode: MXT8SH

Question Submission Deadline June 3, 2024, 5:00pm

Question Response Deadline June 6, 2024, 5:00pm

Proposal Submission Deadline June 19, 2024, 1:30pm

Notification of Offeror Interviews if requested

June 28, 2024

Intended Date for Contract Award August 1, 2024

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2. INVITATION TO PROPOSERS

Finance Department

1725 Reynolds St., Suite 300

Brunswick, GA 31520

Public Safety Facilities Architectural Services Project FY25

RFP24-056

2.1. INVITATION TO PROPOSERS

The Board of Commissioners, Glynn County, Georgia will receive sealed technical and fee proposals for:

Public Safety Facilities Architectural Services Project. Proposals will be received via the County's eProcurement Portal at https://procurement.opengov.com/portal/glynncounty until 1:30 pm on

Wednesday, June 19, 2024, for the above referenced services which are described in the schedules attached hereto. Proposals will be publicly opened and only the name(s) of those Proposers responding will be mentioned. All Proposers are invited to be present during the proposal opening.

There will be a Mandatory Pre-proposal Conference held on Tuesday, May 28, 2024 at 10:00 am at

Administrative Conference Room 224 located on the 2nd floor of the Harold Pate Building 1725

Reynolds Street Brunswick, GA 31520. For those unable to attend in person, the meeting will be streamed live via Teams. Meeting ID: 229 653 945 40 Passcode: MXT8SH. Any questions and /or misunderstandings that may arise from this request shall be submitted, in writing via the County's eProcurement Portal Q&A feature no later than 5:00 pm on Monday, June 3, 2024. All Questions and

Answers submitted will be posted to the website no later than Thursday, June 6, 2024. Answers to questions submitted that materially change the conditions and specifications of this Invitation for

Proposal will be promulgated to all addressees as an addendum. All contact concerning this solicitation shall be made through the County's eProcurement Portal Q&A feature. Bidders shall not contact County employees, Department Heads, Evaluation Committee Members, Consultants or Elected Officials with questions or any other concerns about the solicitation. Any discussions or documents will be considered non-binding unless incorporated and promulgated in an addendum. It shall be the Proposers responsibility to seek clarification as early as possible prior to the opening of proposals.

The Proposer’s response shall include a technical proposal and a separate fee proposal. Proposals should include all requested information as stated in this RFP.

Glynn County Board of Commissioners anticipates making a single contract award; however, it reserves the right to make multiple awards should it deem in the best interest of the County. Such an award, if any, is projected to be accomplished within sixty (60) days from the proposal opening.

The Board of Commissioners, Glynn County, Brunswick Georgia reserves the right to reject any or all proposal, waive technicalities and make the award in the best interest of the County.

https://procurement.opengov.com/portal/glynncounty

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Sincerely, Resden Talbert

Procurement Officer

Glynn County Board of Commissioners

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3. INSTRUCTIONS TO PROPOSERS

3.1. INTENT

It is intended that the Instructions to Proposers, General Conditions, and Detailed Specifications shall define and describe the complete work to which they relate.

3.2. WORK TO BE DONE

The Board of Commissioners of Glynn County, Georgia (“the Owner”) seeks proposals from interested qualified firms to provide the services summarized below, including all the details outlined and required in the Program Services section.

In 2022 the SPLOST 2022 referendum was approved by Glynn County Voters which included the design and construction of a new Fire Station and a Public Safety Multiuse Facility. The Glynn County Board of

Commissioners is soliciting proposals from firms interested in providing A&E Services for the

Construction of a new Fire Station and Public Safety Multiuse Facility (which will house an Emergency

Operations Center). It is the intent to hire one Firm to design both facilities.

3.3. SITE EXAMINATION

The Proposer is advised to examine the location of the work and to inform himself fully as to its conditions; the conformation of the ground; the character, quality and quantity of the products needed preliminary to and during the prosecution of the work; the general and local conditions and all other matters which can in any way affect the work to be done under the Contract. Failure to examine the site will not relieve the successful Proposer of his obligation to furnish all products and labor necessary to carry out the provisions of his contract. The Proposer shall confine his examination to the specific areas designated for the proposed construction, including easements and public rights of way. The Proposer is solely responsible for any damages caused by his examination of the site.

3.4. DOCUMENT EXAMINATION

The Proposer is advised to examine all documents and current parameters of the services in becoming fully informed as to their conditions. This includes the conformity with specific standards and the character, quality and quantity of the reports and services provided. Failure to examine these areas will not relieve the successful Proposer of the obligation to furnish all products and services necessary to carry out the provisions of the contract.

3.5. PROPOSAL AND CONTRACT SECURITY

None required for this Request for Proposal.

3.6. DETERMINATION OF SUCCESSFUL PROPOSER

The Contract will be awarded to the Proposer with the highest score, if awarded.

A. Responsibility: The determination of the Proposer’s responsibility will be made by the Owner.

The Proposer shall furnish to the Owner all such information and data for this purpose as the

Owner may request. The Owner reserves the right to reject any Proposal if the evidence

7 | P a g e submitted by, or investigation of, the Proposer fails to satisfy the Owner that he is properly qualified to carry out the obligation of the Contract.

B. Responsiveness: The determination of responsiveness will be made by the Owner based on a consideration of whether the Proposer has submitted a complete Proposal form without irregularities, excisions, special conditions, or alternative Proposals for any item unless specifically requested in the Proposal form.

3.7. PROPOSAL ALTERNATES

Proposers are requested to review proposal alternates, if any, as outlined on the Proposal Form.

3.8. SUBMISSION OF PROPOSALS

Proposals shall be submitted via the County's eProcurement Portal at 1:30 pm on Wednesday, June 19, 2024 as indicated in the Invitation. Glynn County will not accept late Proposals. Proposers are reminded that documents and information in the possession of Glynn County will be treated as confidential/proprietary information only to the extent permitted by the Georgia Open Records Act, and will be exempt from disclosure to a third party only to the extent permitted by the Georgia Open

Records Act. Should you believe that your Proposal contains any trade secrets you must submit an affidavit, along with the Proposal/proposal, that states that specific portions of the Proposal/proposal contain trade secrets as defined by Georgia law (Article 27 of Chapter 1 of Title 10 of the Official Code of

Georgia). Furthermore, the affidavit must be detailed, citing specifically (citing paragraphs, articles, provisions, pages, etc.) the portions of the Proposal/proposal containing any trade secrets.

3.9. PROPOSAL FORM

Proposals shall be submitted via the County's eProcurement Portal by responding to all vendor questions included herein. The Proposer will submit a TECHNICAL PROPSAL, and a separate FEE proposal as indicated in the Vendor questionnaire. For fee proposals prices shall be based upon unit prices for estimated quantities excepting where Proposal items require lump sum proposals as indicated by the

Proposal Form. Where errors or omissions result in discrepancies in Proposal totals, prices per unit as submitted will be binding. Final payment will be based upon actual in-place measured quantities, excepting where lump sums are requested for Proposal items.

3.10. GRATUITIES

Glynn County acknowledges that, particularly during the holiday season, it may be customary to provide gifts to employees or departments. However, the Glynn County Personnel Policy prevents the acceptance of such gifts. Your cooperation in respecting the policy is appreciated.

3.11. GEORGIA OPEN RECORDS ACT

Proposers are reminded that documents and information in the possession of Glynn County will be treated as confidential/proprietary information only to the extent permitted by the Georgia Open

Records Act, and will be exempt from disclosure to a third party only to the extent permitted by the

Georgia Open Records Act. Should you believe that your Proposal contains any trade secrets you must submit an affidavit, along with the Proposal, that states that specific portions of the Proposal contain

8 | P a g e trade secrets as defined by Georgia law (Article 27 of Chapter 1 of Title 10 of the Official Code of

Georgia). Furthermore, the affidavit must be detailed, citing specifically (citing paragraphs, articles, provisions, pages, etc.) the portions of the Proposal containing any trade secrets.

3.12. PROPOSERS PRACTICAL AND FEE RESPONSE

These instructions are an integral part of any proposal. The Proposers' response shall include the required practical/technical proposal and fee proposal with all other information requested in this

Request for Proposal (RFP). Practical response must not have fees listed therein. If a fee is located in the practical/technical response, the submission will be considered non-responsive and will not be evaluated. The fees shall be the full cost to the Board of Commissioners, Glynn County, Georgia.

Practical and Fee Proposals must be submitted separately as per the instructions in the Vendor

Questionnaire. Failure to do so WILL result in disqualification of the Request for Proposal submission.

Glynn County anticipates making a single award; however, it reserves the right to make multiple awards should it deem in the best interest of the County. It is anticipated that such an award, if any, will be accomplished within sixty (60) days (unless otherwise agreed upon by the Proposer(s) and the County) from the proposal opening.

Glynn County provides equal opportunity for all businesses and does not discriminate against any person or business because of race, color, religion, sex, national origin, and handicap or veteran’s status.

This policy ensures all segments of the business community have access to supplying the goods and services needed by Glynn County.

3.13. FEDERAL PROCUREMENT REQUIREMENTS

All Federal 2 CFR 200 Requirements will apply.

3.14. MANDATORY PRE-PROPOSAL MEETING

There will be a Mandatory Pre-proposal Conference held on Tuesday, May 28, 2024 at 10:00 am at

Administrative Conference Room 224 located on the 2nd floor of the Harold Pate Building 1725

Reynolds Street Brunswick, GA 31520. For those unable to attend in person, the meeting will be streamed live via Teams. Meeting ID: 229 653 945 40 Passcode: MXT8SH.

In order to submit a proposal for this project, the proposer must have attended the mandatory pre-proposal meeting either in person or via teams. Any firm that submits a proposal that did not attend will be rendered non responsive and their proposal will not be reviewed.

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4. DEFINITIONS AND GENERAL TERMS AND CONDITIONS

Public Safety Facilities Architectural Services Project--FY25--RFP24-056

4.1. DEFINITIONS

Company - The Proposer

County - The Glynn County Board of Commissioners

County Employee - An employee of Glynn County subject to its personnel policies

Department - A unit of the Glynn County government that encompasses similar staff functions, purposes, and goals and operates under the direct supervision of the Glynn County Board of

Commissioners, a Constitutional Officer or an Appointed Official

Fee - A dollar amount inclusive of all Proposer's costs (overhead, insurance, labor, equipment, advertisements, etc.), general & accounting, and profit charged for a specific service(s)

Principal - Any officer or Manager of the proposing organization, and any person, firm, corporation, partnership, joint venture, or other entity, who or which owns or controls three percent (3%) or more of the voting stock or any equivalent voting interest of a partnership or joint venture

Proposal - An offer or statement of a price and project description in response to a request for materials or services to be rendered to the County or its employees

Proposer - Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity that has submitted a bid which conforms in all material respects to the requirements set forth in the RFP

Request for Proposal (RFP) - Executed documents, including documents attached or incorporated by reference, utilized for soliciting proposals in accordance with the RFP procedures and instructions set forth herein.

Contractor – The successful Proposer(s)

4.2. NOTICE OF AWARD (NOA) OF CONTRACT

As soon as possible, and within 60 days after receipt of Proposals, the County shall notify the successful

Proposer(s) of the award of the contract. Should the County require additional time to award a contract, the time may be extended by mutual agreement between the County and the successful Proposer. If an

Award of Contract has not been made within 60 days from the Proposal date or within the extension mutually agreed upon, the Proposer may withdraw the Proposal without further liability on the part of either party.

4.3. EXECUTION OF CONTRACT DOCUMENTS

A. Within fifteen (15) days of Notification of Award of Contract, the County shall furnish the

Contractor the conformed copies of Contract Documents for execution by him and his Surety.

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B. Within fifteen (15) days after receipt, the Contractor shall return all the documents properly executed by himself and his Surety. Certificates of insurance for the required limits will accompany the Contract documents.

C. Within thirty (30) days after receipt of the documents executed by the Contractor and certificates of insurance, the County shall complete the execution of the documents.

Distribution of the completed documents will be made upon completion. Should either party require an extension of any of the time limits stated above, this shall be done only by mutual agreement between both parties.

4.4. PERFORMANCE AND PAYMENT BONDS

None required.

4.5. INSURANCE

The Contractor shall not commence work under this contract until all insurance described below has been obtained and such insurance has been approved by the County, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved by the Contractor.

A. Liability The Contractor shall maintain such insurance as will protect him from claims under workmen's compensation acts and from any other claims for damages to property, and for personal injury, including death, which may arise from operations under this contract, whether such operations be by himself or by any sub-contractor or anyone directly or indirectly employed by either of them. Certificates of such insurance shall be filed with the Owner. The

Contractor shall be responsible for providing adequate limits of insurance when working within property owned by railroads, as established by such railroad company.

B. Indemnity To the fullest extent permitted by laws, statutes, rules and regulations, the

Contractor shall indemnify and hold harmless the County, Engineer, Engineer’s Consultants and the Officers, Managers, Employees, Agents, and other Consultants of each and any of them from and against claims, costs, damages, losses, and expenses, including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court costs, arising out of or resulting from performance of the work, but only to the extent caused in whole or in part by negligent, reckless, willful and wanton, or wrongful acts or omissions of the

Contractor, its Officers, Managers, Employees, Agents, and anyone directly, or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, cost, damage, loss, or expense is caused in part by a party indemnified hereunder, except that no party shall indemnify any other party or person for their own sole negligence.

Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph.

Comprehensive General Liability The successful Proposer shall exercise proper precaution at all times for the protection of persons and property. He shall carry approved insurance from

11 | P a g e insurance companies authorized to do business in Georgia and having an A.M. Best’s rating of

B+ or better with the following minimums:

*The limits of insurance are as follows: general liability insurance of at least One Million

(1,000,000) Dollars (Combined Single Limit per occurrence) and Two Million (2,000,000) Dollars aggregate; automobile insurance of at least One Million (1,000,000) Dollars (Combined Single

Limit per accident for bodily injury or property damage); and Workers’ Compensation Insurance as will protect potential Proposer or offeror from Workers’ Compensation Acts.

*Contractors Liability Insurance shall be effective for the duration of the work as described in the contract documents, including authorized change orders, plus any period of guarantee as required herein.

4.6. INDEMNIFICATION

The Contractor will indemnify and hold harmless the County and their agents and employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the Contractor, and subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. In any and all claims against the County or any of their agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under the

Worker's Compensation Acts, Disability Benefits Acts or other employee benefits acts.

4.7. NOTICE TO PROCEED

The Notice to Proceed is typically issued within ten (10) days of the execution of the Contract

Agreement by the County.

4.8. TERMINATION

Termination for Convenience of Owner. The Owner may, at will, upon written notice to the Contractor, terminate (without prejudice to any right or remedy of the Owner) the whole or any portion of the Work for the convenience of the Owner. Termination for the Contractor. The Contractor may terminate any contract arising out of this RFP for any reason upon thirty (30) days written notice to the County. The termination notice shall be deemed received three (3) days after placing the notice in the United States mail.

4.9. ASSIGNMENTS

The Contractor shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the County. In case the Contractor assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or

12 | P a g e to become due to the Contractor shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the work called for in this contract.

4.10. SUBCONTRACTING

A. The Contractor shall not subcontract the complete work, or any major part thereof, and shall not award any work to any subcontractor without prior written approval of the County, which approval will not be given except upon the basis of written statements containing such information as the County may require.

B. The Contractor shall utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors. If the

Contractor desires to perform specialty work he shall submit a request to the County accompanied by evidence that the Contractor's own organization has successfully performed the work in question, is presently competent to perform the work, and the performance of the work by specialty subcontractors will result in materially increased costs or inordinate delays.

C. The Contractor shall be as fully responsible to the County for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor must ensure payment is made in full to any and all sub-contractors. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards to terminating any subcontractor that the County may exercise over the Contractor under any provision of the

Contract Document. Nothing contained in this Contract shall create any contractual relation between any subcontractor and the County.

4.11. AUTHORITY OF PROJECT MANAGERS

The Project Manager or his representative shall act as the County's Practical Representative during the execution of this contract. He shall decide questions which may arise as to quality and acceptability of services and products furnished and work performed. He shall interpret the practical intent of the

Contract Documents in a fair and unbiased manner. He will make random inspections to determine if the services are proceeding in accordance with the Contracts Documents. He shall judge as to the accuracy of quantities submitted by the Contractor in payment requests and the acceptability of the work which these quantities represent. The decisions of the Project Manager or his representative shall be final and conclusive and binding upon all parties to the Contract.

4.12. SEPARATE CONTRACTS

A. The County reserves the right to let other contracts in connection with this project. The

Contractor shall afford other Contractors reasonable opportunity for the execution of their work, and the Contractor and other Contractors shall properly connect and coordinate their work with each other. If the proper execution or results of any part of the Contractor's work

13 | P a g e depends upon the work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer or his representative any defects in such work that render it unsuitable for such proper execution and results.

B. The County may perform additional work related to the project with his own forces. The

Contractor will afford the County reasonable opportunity for the execution of work, and shall properly connect and coordinate his work with theirs.

4.13. LAWS AND REGULATIONS

A. The Contractor's attention is directed to the fact that all applicable Federal, State and County laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the project shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The Contractor shall keep himself fully informed of all laws, ordinances and regulations of the Federal, State, County and municipal governments or authorities in any manner affecting those engaged or employed in the work or the materials used in the work or in any way affecting the conduct of the work and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, he shall herewith report the same in writing to the County.

B. He shall at all times observe and comply with all such existing and future laws, ordinances and regulations, and shall protect and indemnify the County and its agents the violation of any such law, ordinance, regulation, order or decree, whether by himself or by his employees. Permits and licenses of a temporary nature, necessary for the prosecution of the work shall be secured and paid for by the Contractor.

4.14. NOTICE AND SERVICE THEREOF

A. All Notices, demands, requests, instructions, approvals, and claims shall be in writing.

B. Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the office of the Contractor specified in the Proposal (or at such other office as the Contractor may from time to time designate to the County in writing), or if deposited in the United States Mail in a sealed, postage-prepaid envelope, or delivered, with charges prepaid, to any telegraph company for transmission, in each case addressed to such office.

C. All papers required to be delivered to the County shall, unless otherwise specified in writing to the Contractor, be delivered to the County Purchasing Agent, Glynn County, Georgia. Any notice to or demand upon the County shall be sufficiently given if delivered to the Office of said

Purchasing Agent or if deposited in the United States Mail in a sealed, postage-prepaid envelope, or delivered with charges prepaid to any telegraph company for transmission, in each case addressed to said Purchasing Agent or to such other representative of the County or to

14 | P a g e such other address as the County may subsequently specify in writing to the Contractor for such purposes.

D. Any such notice or demand shall be deemed to have been given or made as of the time of actual delivery or (in the case of mailing) when the same should have been received in due course of post or (in the case of telegrams) at the time of actual receipt, as the case may be.

4.15. SPECIFICATIONS

The Special Conditions, Practical Specifications, Statement of Work, Contract Documents, and all supplemental documents, are considered essential parts of the Contract Agreement, and requirements occurring in one are as binding as though occurring in all. They are intended to define, describe and provide for all work necessary to provide the services in an acceptable manner.

4.16. CHANGES IN THE CONTRACT

A. Changes in the Work. The County may at any time, as the need arises, order changes within the statement of the work without invalidating the Contract Agreement. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the work, an equitable adjustment shall be negotiated culminate by the issuance of a Contract amendment. The Purchasing Agent, also, may at any time, by issuing a

Contract amendment, make changes in the details of the work. The Contractor shall proceed with the performance of any changes in the work so ordered by the Purchasing Agent unless the

Contractor believes that such order entitles him to a change in the fee or time or both, in which event he shall give the Purchasing Agent written notice thereof within fifteen (15) days after the receipt of the Contract amendment, and the Contractor shall not execute such amendments pending the receipt of an executed Notice to Proceed instruction from the County. The County may, when changes are minor or when changes would result in relatively small changes in the

Fee or Contract Time, elect to postpone the issuance of a Contract amendment until such time that a single amendment of substantial importance can be issued incorporating several changes.

In such cases, the County shall indicate this intent in a written notice to the Contractor.

B. Changes in Fee. The Fee shall be changed only by a mutual agreement by the Contractor and the

County transmitted as a Contract amendment. The value of any work covered by an amendment or of any claim for increase or decrease in the Fees shall be determined by one or more of the following methods in the order of precedence according to the following list:

l) By estimating the number of unit quantities of each part of the work which is changed and then multiplying the estimated number of such unit quantities by the fee Proposal for a unit quantity thereof.

2)The County shall fix the total lump sum value of the amendment in the work of the

Contractor, and shall set out the price which shall be added to or deducted from the Fees.

The Contractor shall, when required by the County, furnish to the County an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered.

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4.17. PAYMENTS AND COMPLETION

A. Breakdown of Cost. Before the first application for payment, the Contractor shall submit to the

Contract Practical Representative a breakdown of fees for the various portions of the work, including quantities if required by the Administrator, aggregating the total Fee prepared in such form as specified or as the Administrator and the Contractor may agree upon and supported by such data to substantiate its correctness as the Administrator may reasonably require. This schedule, when approved by the Administrator, shall be used only as a basis for the Contractor's application for payment.

B. Certificate for Payments. If the Contractor has made application for payment as above, the

Contract Practical Representative will validate the application for such amount as is determined to be properly due, or state in writing the itemized and specific reasons for withholding an application as provided herein. After the Administrator has validated the application for payment, the County shall pay to the Contractor, within thirty (30) days, the amount covering services or work performed or completed. No application for payment, nor any payment, shall constitute an acceptance of any work or service not in accordance with the Contract

Documents.

C. Failure of Payment. If the Contract Practical Representative should fail to approve an application for payment, through no fault of the Contractor, within seven (7) days after receipt from the Contractor, or if the County should fail to pay the Contractor within thirty (30) days after receipt of the Contract Practical Representative ‘s approval for Payment, then the

Contractor shall receive interest on the balance due with the interest being one percent (1%) per month not to exceed three (3) months (3%). The County reserves the right to reject the

Administrator's certification of any application for payment by the Contractor without the accrual of interest.

D. Governing Document All parties expressly agree that the provisions of the Georgia Prompt Pay

Act, Title 13, Chapter 11, of the Official Code of Georgia Annotated, are superseded by the terms and conditions of this agreement.

4.18. CONTRACTOR'S CLAIM

No claim for additional or other compensation beyond the fees shall be allowable unless the Contractor makes and continuously maintains written demand therefor within thirty (30) days of the occurrence of any event which given rise to such claim.

4.19. CONTRABAND

Employees of the successful Proposer shall not enter County Buildings with goods or products that shall be considered contraband, i.e. drugs, drug paraphernalia, tobacco products smokeless or otherwise, etc.

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4.20. OFFICE HOURS

Glynn County Board of Commissioners is open to the public Monday through Friday, 8:00 A.M. to 5:00

P.M.

4.21. WORK SCHEDULING

The successful Proposer shall arrange his work schedule as directed in the Statement of Work and approved by the Contract Practical Representative.

4.22. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

Pursuant to O.C.G.A. § 13-10-91 (Georgia Security and Immigration Compliance Act), every public employer, every contractor of a public employer, and every subcontractor of a public employer’s contractor must register and participate in a federal work authorization program. No public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in a federal work authorization program to verify the work eligibility information of all new employees. No contractor or subcontractor shall enter into a contract or subcontract with a public employer in connection with the physical performance of services within this state unless such contractor or subcontractor registers and participates in a federal work authorization program to verify the work eligibility information of all new employees. Contractor acknowledges that the awarding of this contract is conditioned upon initial and ongoing compliance by the contractor and any subcontractor with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 of the Georgia

Department of Labor; The requirements of O.C.G.A. § 13-10-91 pertaining to registering and participating in a federal work authorization program apply to public employers, their contractors, and subcontractors, as follows: On or after July 1, 2007, to contractors and subcontractors of 500 or more employees; On or after July 1, 2008, to contractors and subcontractors of 100 or more employees; and

On or after July 1, 2009, to all other contractors or subcontractors. Contractor agrees that in the event it employs or contracts with any subcontractor(s) in connection with this contract, Contractor shall secure from the subcontractor(s) an indication of the employee-number category applicable to the subcontractor. Contractor agrees that its compliance with the requirements of O.C.G.A. § 13-10-91 and

Rule 300-10-1-.02 of the Georgia Department of Labor shall be attested by execution of the Contractor

Affidavit which is attached hereto and which shall be a part of this contract. Contractor agrees that, in the event it employs or contracts with any subcontractor(s) in connection with this contract, Contractor shall secure from the subcontractor(s) an attestation of the subcontractor’s compliance with O.C.G.A. §

13-10-91 and Rule 300-10-1-.02 of the Georgia Department of Labor by the subcontractor’s execution of a Subcontractor Affidavit provided by Glynn County. Contractor shall maintain records of such attestation for inspection by Glynn County at any time. The Subcontractor Affidavit shall become a part of the contractor/subcontractor agreement.

4.23. CONTRACT PERIOD

It is anticipated that a contract, if awarded, will begin with a notice to proceed and will be without a set end time. For architectural or engineering services the proposer will document in their proposal the time period required to produce the “finished product” to be submitted to Glynn County BOC.

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4.24. DISPUTE RESOLUTIONS

A. All claims, disputes and other matters in question between the Contractor and the Owner arising out of, or relating to, this Contract or the breach therefore, shall be tried before and to a jury trial, unless otherwise stipulated between the parties. Any legal proceeding arising out of, or relating to, this agreement shall include, by consolidation, joiner, or joint filing, any additional person or entity to the final resolution of the matter in controversy.

The Contractor hereby further agrees that, should any subcontractor or supplier to the

Contractor file a claim concerning any dispute or controversy, which involves the allegations of any acts, errors or omissions of the Contractor, then the Contractor shall indemnify and hold harmless the Owner, its employees, agents, and representatives, the Engineer/Architect, its employees, agents, and representatives from any and all costs incurred to include legal costs and attorney’s fees and payment of any judgment against the Owner.

B. Should the Owner utilize an attorney to enforce any of the provisions hereof, to protect its interest in any matter arising under this Contract, or to collect damages for breach of this

Contract, the Contractor agrees to pay the Owner all reasonable costs, charges, expenses and attorneys’ fees expended or incurred therein.

C. Any disputes arising under the terms and conditions of this Contract shall not be subject to mediation or arbitration.

D. The Contractor irrevocably consents that any legal action or proceeding against it under, arising out of or in a manner relating to the contract, shall be brought in any count in Glynn County, Georgia. Contractor designates the Secretary of the State of Georgia as its agent for service of process, provided no such agent located in Georgia is on file with the said Secretary. Contractor, by the execution and delivery of this Contract, expressly and irrevocably assents to and submits to the personal jurisdiction of any court in Glynn County, and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction, improper venue or forum non conveniens or any similar basis.

4.25. LAWS OF GEORGIA

This contract shall be governed by the Laws of the State of Georgia.

If any provision hereof shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any other provision or provisions hereof or any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the remaining provision of this Contract invalid, inoperative or unenforceable.

4.26. CLEAN AIR ACT / CLEAN WATER ACT

All contractors agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended

(33 U.S.C. 1251-1387).

https://www.law.cornell.edu/topn/air_pollution_control_act https://www.law.cornell.edu/uscode/text/42 https://www.law.cornell.edu/uscode/text/42/7401 https://www.law.cornell.edu/uscode/text/42/7671q https://www.law.cornell.edu/topn/clean_water_act https://www.law.cornell.edu/uscode/text/33 https://www.law.cornell.edu/uscode/text/33/1251 https://www.law.cornell.edu/uscode/text/33/1387

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4.27. AFFIRMATIVE EFFORTS TO USE DISADVANTAGED BUSSINESSES

The awardee or contractor, if sub-contractors are to be let, must take all affirmative steps to assure that minority businesses, women’s business enterprise, and labor surplus area firms are used when possible.

Affirmative steps include:

(1) Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

(2) Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourages participation by small and minority businesses, and women’s business enterprises;

(5) Using the services and assistance, as appropriate, of such organization as the Small Business

Administration and the Minority Business Development Agency of the Department of Commerce

4.28. CONFLICT OF INTEREST

This contract, and all subcontracts, are subject to the Glynn County Ethics Ordinance, sections 2-2-41 through 2-2-51. The Ethics Ordinance prohibits Glynn County officials and employees from attempting to realize personal financial gain through their service or employment with Glynn County. Officials and employees are likewise prohibited from having any financial or other private interest, direct or indirect, which is in conflict with the discharge of their duties or in conflict with the best interests of Glynn

County.

4.29. DEBARMENT AND SUSPENSION REQUIRMENTS

A contract award will not be made to parties listed on the governmentwide exclusions in the System for

Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement

Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” The awardee will be required to provide their UEI and EIN for verification before the issuance of a contract.

4.30. COPELAND ANTI-KICKBACK ACT (18 U.S.C. 874)

Contractor: The contractor shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145, and the requirements of

29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract.

Subcontracts: The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

Breach: A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

https://www.law.cornell.edu/cfr/text/2 https://www.law.cornell.edu/cfr/text/3/part-1986 https://www.law.cornell.edu/cfr/text/3/part-1989

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4.31. DAVIS BACON ACT (40 U.S.C. 3141-3148)

When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40

U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, ―Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted

Construction). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.

4.32. CONTRACT WORK HOURS AND SAFETY STANDARDS (40 U.S.C 3701-3708)

(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the

United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.

(3) Withholding for unpaid wages and liquidated damages – The Owner shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

(4) Subcontracts - Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these

20 | P a g e clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

4.33. EQUAL EMPLOYMENT OPPORTUNITY (EEO) CLAUSE

A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor,· state that all qualified applicants will receive consideration for employment-without regard to race, color, religion, sex or national origin.

C. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement, or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. The…