request for proposals city of chamblee design of …

City of Chamblee

Dresden Park Tiered Bioretention and Stream Restoration

Proposal of 21

REQUEST FOR PROPOSALS

CITY OF CHAMBLEE

DESIGN OF TIERED BIORETENTION AREA AND STREAM RESTORATION

FOR ARROW CREEK IN DRESDEN PARK

City of Chamblee

5468 Peachtree Road

Chamblee, GA 30341

July 30, 2020

City of Chamblee


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Schedule of Events Release Date Thursday 07/30/20

Q&A Process Begins Thursday 07/30/20

Non-Mandatory Pre-Proposal Meeting

(10:00 AM, Dresden Park – upper parking lot)

Thursday 08/20/20

Q&A Process Ends (12:00 PM) Thursday 09/10/20

Proposals Due (3:00 PM, online submission) Thursday 09/17/20

Presentations by Selected Firms Thursday 10/01/20

City Council Award Thursday 10/15/20

Contact for Proposal Courtney Frisch, Environmental Division Manager, Department of Public Works,

[email protected].

Introduction & Purpose This request is to select a professional engineering firm to design the Dresden Park Tiered

Bioretention and Stream Restoration Project and assist with bidding and construction

management services and other on-call services, as needed. Proposers are invited to

demonstrate their capabilities to perform the following services which will include, but are not

limited to:

- Perform a complete topographic survey of the area proposed for the tiered bioretention

area and Arrow Creek from Dresden Road extending downstream to the bridge from

Dresden Park to the St. Pius X Catholic High School campus;

- Prepare and present materials for public meetings;

- Conduct hydrologic, environmental, or cultural assessments of the stream section to support

permitting;

- Acquire all necessary permits required to conduct the construction of the project;

- Prepare complete plans, specifications, and contract documents to create a functional

tiered bioretention area and to restore the identified section of Arrow Creek; and

- Prepare a project operation and maintenance plan for the tiered bioretention area and the

stream restoration elements, if requested.

- Support additional public meetings, if requested.

- Provide bidding and construction engineering services, on an on-call basis, as needed.

The design and construction of this project is financed in part through a grant from the U.S.

Environmental Protection Agency under the provisions of Section 319(h) of the Federal Water

Pollution Control Act, as amended. This project is in partnership with the Environmental

Protection Division of the Department of Natural Resources, State of Georgia.

Scope of Work The intent of this scope of work is to provide all professional services normally anticipated for

design, permitting, and construction phase services for a project of this type. Offerors may add

to, or alter, the following scope of work, as they see fit to accomplish the work. Specifically, the

selected offeror will provide professional engineering services for the design of:

mailto:[email protected]

City of Chamblee


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(1) A tiered bioretention area within Dresden Park, approximately 0.5 acre in size, to capture

water from Dresden Road and infiltrating water to the maximum extent allowable. If needed,

an underdrain system will be designed to join the existing stormwater network within the Park.

(2) Stream restoration of approximately 1,800 linear feet of Arrow Creek along Dresden Park. The

maximum extent of the design is from Dresden Road to the bridge connecting Dresden Park

to the St. Pius X School campus. The extent of the design will be refined based on budget

and design considerations.

These projects were recommended in the North Fork Peachtree Creek Watershed Improvement

Plan. The plan sheets that describe these projects are included in Appendix B of this RFP.

The scope of work shall consist of, but not be limited to, Preliminary Activities, Public Involvement,

Design, Permitting and Approvals, and Bidding and Construction Phase Services or Other

Services (as needed). These tasks are outlined below.

1. Preliminary Activities

A. Hold Kick-Off Meeting Hold a kick-off meeting at the City offices or the project site to review the scope of work,

schedule, and budget to ensure mutual understanding and to coordinate the work. Discuss

special restriction with construction within Dresden Park due to ongoing park activities as well

as timeframe and budget constraints associated with the grant funding.

B. Perform Field Survey and Habitat Assessment Collect the field survey data needed to design the tiered bioretention area and the

proposed stream restoration. The survey shall include soil data, any critical adjacent features,

cross-sections of the stream channel necessary for HEC-RAS modeling, and geomorphic

analysis of the stream. The survey shall be signed by a Professional Land Surveyor. A pre-

construction habitat assessment will be completed following the Georgia Department of

Natural Resources Macroinvertebrate Biological Assessment of Wadeable Streams in

Georgia STANDARD OPERATING PROCEDURES March 2007.

C. Prepare Base Sheets Prepare the base sheets of existing conditions. Indicate property lines, existing utilities, existing

surface features, stream, topography, limits of floodplain.

D. Preliminary Activity Deliverables: • Field survey data

• Results of the pre-construction habitat assessment

• Existing condition base sheets

• Memorandum with a brief summary of the collected data and methodology

2. Public Involvement

A. Hold Stakeholder Meeting Hold one (1) meeting with stakeholders, which may include adjacent property owners, to

discuss the project and any design alternatives available.

City of Chamblee


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B. Hold Public Meetings Hold one (1) public meeting and prepare materials for the meeting. The goal of the meeting

shall be to present the 60% plans to the community and gather input on the design. A price

per meeting is requested as an add alternate, in case additional meetings are needed.

C. Public Involvement Deliverables • Summary from stakeholder meeting

• Summary of public meeting input

• Materials for one public meeting

• Materials to update a project webpage, hosted by the City

3. Design

A. 60% Design Prepare and submit 60% design submittal including:

• Construction plans – plans and profiles, typical cross sections, and details.

• Preliminary landscaping plans

• Outline specifications – outline major components of the work. Present outline of

proposed upfront sections of construction documents.

• Final hydrologic/hydraulic (H/H) calculations – calculations required to support the

design and to support a no-rise certification in the floodway.

• Construction cost estimate – construction cost estimate, based on quantity and

takeoffs and line items.

• Permitting report – identify each permit along with the strategy and schedule to

submit and obtain each permit.

• Schedule – update project schedule to beginning and end of construction.

Once the City has reviewed the submittal, a status meeting will be held at the City offices or

project site to review City comments and discuss schedule to complete.

B. 95% Design Prepare and submit 95% design submittal including:

• Construction plans – completed construction plans, checked and ready for PE seal

and signature.

• Landscaping plans

• Construction documents – completed and ready for bidding.

• Final calculations – completed calculations that may include H/H, sediment

reduction, stormwater quantity and quality, and erosion and sediment control.

• Construction cost estimate – updated construction cost estimate, based on quantity

and takeoffs and line items.

• Permitting report – status of each permit application and anticipated schedule to

obtain each permit.

• Schedule – updated project schedule.

C. Final Design Prepare the final documents for bidding. Respond to all City and agency comments and

revise the documents as needed for bidding. Provide documents for bidding.

City of Chamblee


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D. Design Deliverables • 60% Design

• 95% Design

• Final Design

4. Permitting and Approvals Make applications and coordinate with all appropriate agencies. Following are the known

permits and approvals that are believed to be needed. The engineering firm shall determine

the final list of needed permits.

1. Army Corps of Engineers 404 Permit

2. FEMA No-Rise Certification

3. Georgia EPD Stream Buffer Variance

4. City of Chamblee Stream Buffer Variance

5. City of Chamblee Land Disturbance Permit

6. Utilities coordination

7. Possible coordination with adjacent private property owners

A. Permitting Approvals Deliverables • Notification of all approved permits

5. Bidding and Construction Phase Services and other On-Call Services

(as needed) The bidding and support services may be requested using the hourly rates provided in the

cost evaluation. These are considered add alternate services as well as other potential

services.

1. Assist with preparation of bid advertisement

2. Attend pre-bid meeting.

3. Assist with response to bidder’s questions and preparation of addenda.

4. Assist with evaluation of bidders’ submissions.

5. Perform periodic field inspection, as appropriate for the work that is being

performed. This may include inspection following the first rain event to confirm

erosion and sediment control measures were properly design and installed.

6. Participate in periodic status meetings, substantial complete inspections, or final

inspections.

7. Review construction submittals, including technical submittals, Contractor

schedules, Contractor pay requests, Requests for Information, and Requests for

Change Order. This may include preparing sketches or supplemental

information.

8. Plan for and present information at additional public meetings or stakeholders

meetings.

9. Develop a long-term operations and maintenance plan (O&M Plan) for the

stream restoration and tiered bioretention area elements.

10. Post-construction habitat assessment following the Georgia Department of

Natural Resources Macroinvertebrate Biological Assessment of Wadeable

Streams in Georgia STANDARD OPERATING PROCEDURES March 2007.

City of Chamblee


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Schedule The proposal shall include a proposed schedule for the project design and construction. Firms

should provide a detailed project schedule phased by the scope of work above as part of the

submittal in response to this RFP. The schedule for this project should reflect adequate time for

the development of the design and construction document and obtaining permits, while being

cognizant that the 319 Grant contract requires construction to be completed by March 30, 2022.

Proposal Requirements The Proposal shall be no longer than 20 pages (8.5” by 11”) and may be printed on front and

back (10 pieces of paper printed on front and back or 20 pieces of paper printed on front). Font

shall be no smaller than 10-point. Up to five (5) one-page resumes of key staff may be included

as an Appendices and are not counted in the page limit. The required Proposal Forms are not

included in this page limit. Offerors are asked to address each evaluation criterion and to be

specific in presenting their qualifications in a straightforward, detailed, and concise manner. The

proposal should provide all the information considered pertinent to your qualifications for this

project.

1. Cover Letter The cover letter should express interest and highlight relevant qualifications. The cover letter

shall be signed by a person with the corporate authority to enter into any contract which

results from the RFP.

2. Qualifications & Related Experience Provide a brief description of the firm – size, history, location, and other pertinent information.

Each proposer shall document its staff, experience, and qualifications by describing at least

three (3) experiences with similar project scopes and experience managing similarly

structured contracts.

A. Qualifications including the experience in the proposed project methodology and public

sector and/or municipal experience;

B. Summary of experience, including the number of years of relevant experience and

representative project experience with the project name, client, and approximate dates

performed;

C. Description of any specialty equipment or capabilities;

D. Other supporting documentation which demonstrates the ability to successfully perform

the work.

3. Key Team Members Provide an organizational chart with key team members indicating their role and their office

location. One-page resumes may be provided for up to 5 key team members as an

Appendix that is not counted in the 20-page limit.

4. Project Understanding Describe how you propose to do the work. Identify critical issues and how they will be

addressed. Suggest changes to the work as proposed in the Technical Memorandum.

5. Project Schedule Create a schedule for design, permitting, and construction.

City of Chamblee


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6. References Using the Proposal Form in Appendix A, the offeror shall include a list of five (5) references

related to projects completed within the last four (4) years.

7. Required Forms

Fee Fee proposals shall be SEALED in a separate envelope, which will not be opened until after other

criteria have been considered. The fee should include (1) A total cost estimate and not to

exceed amount for the work described under the Scope of Work; (2) A rate schedule for

computing any extra work not specified in the contracted Scope of Work, including hourly rates

for all positions plus unit costs for incidental expenses. The costs will be scored with the lowest

cost receiving the maximum number of points and the highest cost receiving the minimum

number of points and each price in between allocated points based on a sliding scale.

The City of Chamblee reserves the right to negotiate cost with any and all Firms that may be

awarded work under this Request for Proposals. Additionally, the City of Chamblee reserves the

right to negotiate parity in any and all costs with any and all Firms. Such negotiations are at the

ole discretion of the City of Chamblee.

References All Offerors shall include a list of five (5) references from similar projects that the firm completed

within the past four (4) years and that have involved the staff proposed to work on this project.

The project owners should be able to attest to the firm’s knowledge, quality of work, timeliness,

diligence, flexibility, and overall expertise. Include names, contact persons, and phone numbers

of all references on the attached Reference Form.

References may or may not be reviewed or contacted at the discretion of the City. The City

reserves the right to contact references other than, and/or in addition to, those furnished by an

Offeror.

Proposal Conditions 1. Proposals shall be emailed in a .pdf format to [email protected], ATTN: Courtney

Frisch, City of Chamblee, Department of Public Works. The subject line of the email shall

include the RFP tile: Dresden Park Tiered Bioretention and Stream Restoration and opening

date. Facsimiles will not be accepted. The results of the bid will be posted on the City’s

website (https://www.chambleega.com/519/Procurement) after the bid is awarded.

2. Proposals must be good for 90 calendar days.

3. The City reserves the right to reject any and all proposals and retails the right to waive any

and all proposal formalities.

4. The offeror is responsible for all costs incurred by the offeror or his/her subcontracts in

responding to this request for proposals.

5. There will be a non-mandatory pre-bid meeting held on Thursday, August 13, 2020 at

10:00am at the project site, Dresden Park, 2301 Dresden Drive, meet at the upper parking lot.

Questions regarding the project and procedural aspects of the proposal will be answered at

this time.

mailto:[email protected]

https://www.chambleega.com/519/Procurement

City of Chamblee


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Evaluation Criteria The City intends to award the contract to the consultant deemed most qualified and responsive

to the requirements of the project. The selection of a consultant shall be based on qualifications

submitted as well as project references. Criteria for selection will include the following:

1. Experience (30%) – The specific experience, professional competence, and qualifications of

the proposing firm and personnel.

2. Project Understanding (30%) – A clearly demonstrated understanding of the work to be

performed and completeness and reasonableness of the proposing firms plans for

accomplishing the scope of services.

3. References (20%) - References and previous client evaluations from other governments

and/or commercial entities based on reference checks.

4. Cost (20%) – Costs will be evaluated

Selection Process Following receipt of the proposals, an evaluation committee will review and evaluate all

proposals. The proposals will be initially evaluated based on the written material provided and

the results of reference evaluations. The evaluation committee may invite finalists for an in-

person or virtual presentation for the purpose of introducing key members of the project team

and allowing the City to fully understand the firm’s ability to meet the technical requirements.

The award of the contract shall be at the sole discretion of the City. The City intends to award

the contract to the consultant deemed most qualified and responsive to the requirements of the

project. The City reserves the right to award the contract without further discussion of the

proposals submitted. Therefore, the proposal should be submitted initially on the most favorable

terms which the offeror can propose.

Appendix A: Mandatory Proposal Forms 1. Proposal Form

2. Proposal Fee Form

3. Georgia Security and Immigration Compliance Act of 2006 Form

4. Contractor Affidavit and Agreement

5. Subcontractor Affidavit and Agreement

City of Chamblee


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1. PROPOSAL FORM The contractor in compliance with the Request for Proposal for the Design of the Tiered

Bioretention and Stream Restoration of Arrow Creek within Dresden Park Project, I have examined

the RFP documents and being familiar with the site of the proposed project, hereby proposes to

furnish all labor, materials, tools, equipment, machinery, and all services to provide work described

herein in accordance with the RFP documents for the amounts stated below. I have reviewed the

proposal to ensure that it is verified for completeness and accuracy.

Offeror’s Certifications:

1. Offeror has examined the site of the work and is familiar with any and all conditions

affecting the cost of the design work and with all requirements of the RFP documents

including any addenda, and agrees to furnish all labor, materials, and equipment

required to successfully complete the scope of work.

2. Offeror has reviewed the Contract provisions in Appendix C and is able to enter into a

contract, without modifications, if selected through this RFP process by the City.

3. Offeror acknowledges that the terms, conditions and certifications contained in this

section are applicable to all subcontractors and Contractor agrees to insure compliance

therewith by all subcontractors involved with the project.

The City will strictly enforce compliance with the terms of all proposals accepted.

Company:

Address:

City/State:

Signature

Name:

Please Print Title

Phone:

Email Address:

City of Chamblee


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Company History and References:

a. Company Name: ___________________________________________________

b. List five (5) references for whom you have provided similar services in the last four (4)

years:

Contact

Person/Company/Title

Relevant Project Name Contact Phone & Email

1.

2.

3.

4.

5.

c. Subcontractors: Please list any subcontractors to be used on the job with a summary of

their role. List whether any of these contractors meet the WBE/FBE fair share requirements.

d. Describe efforts to achieve Fair Share WBE/MBE requirements.

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

Subcontractor Name Role

1.

2.

3.

City of Chamblee


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2. PROPOSAL FEE FORM Fee proposals shall be SEALED in a separate envelope, which will not be opened until after other

criteria have been considered.

Total Fee for the Design of the Tiered Bioretention and Stream Restoration of Arrow Creek in

Dresden Park project $__________________________

Assumptions or Conditions of Fee:

Unit Prices for Additional Services that may be needed under this Contract

Pricing shall remain firm for a minimum of two (2) years. Any and all requests for pricing

adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data.

Additional pages may be attached as needed.

Employee Name and/or Labor Category and/or ODC category Hourly Rate/ Unit Rate

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

City of Chamblee


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3. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE

ACT OF 2006 A. Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the

Contractor understands and agrees that compliance with the requirements of O.C.G.A.

§ 13-10-91 and Georgia Department of Labor Rule 300-10-.02 are conditions of this

Agreement. The Contractor further agrees that such compliance shall be attested by the

Contractor through execution of the contractor affidavit required by Georgia

Department of Labor Rule 300-10-1-.07, or a substantially similar contractor affidavit. The

Contractor’s fully executed affidavit is attached hereto and is incorporated into this

Agreement by reference herein.

B. By initialing in the appropriate line below, the Contractor certifies that the following

employee-number category as identified in O.C.G.A. § 13-10-91 is applicable to the

Contractor:

1. 500 or more employees;

2. 100 or more employees;

3. Fewer than 100 employees.

C. The Contractor understands and agrees that, in the event the Contractor employs or

contracts with any subcontractor or subcontractors in connection with this Agreement,

the Contractor shall:

1. Secure from each such subcontractor an indication of the employee-number

category as identified in O.C.G.A. § 13-10-91 that is applicable to the subcontractor;

2. Secure from each such subcontractor an attestation of the subcontractor’s

compliance with O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-

1-.02 by causing each such subcontractor to execute the subcontractor affidavit

required by Georgia Department of Labor Rule 300-10-1-.08, or a substantially similar

subcontractor affidavit. The Contractor further understands and agrees that the

Contractor shall require the executed subcontractor affidavit to become a part of

the agreement between the Contractor and each such subcontractor. The

Contractor agrees to maintain records of each subcontractor attestation required

hereunder for inspection by the Clayton County Water Authority at any time.”

Contractor:

Authorized Signature:

Name:

Title:

Date:

City of Chamblee


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4. CONTRACTOR AFFIDAVIT AND AGREEMENT

Contract No. and Name: _____________________________________________________

Name of Contracting Entity: __________________________________________________

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 contracting with the

City of Chamblee has registered with, is participating in, uses, and will continue to use for the

duration of the contract, the federal work authorization program - 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), commonly

known as E-Verify, in accordance with the applicability provisions established in O.C.G.A. 13-10-

91.

The undersigned further agrees that, in connection with the physical performance of services

pursuant to this contract with the City of Chamblee, the contractor will only employ or contract

with subcontractor(s), who can present a similar affidavit verifying the subcontractor’s

compliance with O.C.G.A. 13-10-91. Contractor further agrees to maintain records of such

compliance and provide a copy of each such verification to the City of Chamblee within five

days of the subcontractor(s) presenting such affidavit(s) to the contractor.

EEV / Basic Pilot Program* User Identification Number

Enter four to six digit numbers

BY: Authorized Officer or Agent Date

(Contractor Name)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS

THE ______ DAY OF __________ 20_____.

Notary Public My Commission Expires

City of Chamblee


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5. SUBCONTRACTOR AFFIDAVIT AND AGREEMENT 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 ______________________________________

on behalf of the City of Chamblee has registered with, is participating in, uses, and will continue

to use for the duration of the contract the federal work authorization program - 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),

commonly known as E-Verify, in accordance with the applicability provisions and deadlines

established in O.C.G.A. 13-10-91.

The undersigned further agrees that, in connection with the physical performance of services

pursuant to this contract with The Design of Tiered Bioretention and Stream Restoration of Arrow

Creek in Dresden Park on behalf of the City of Chamblee, the subcontractor will only employ or

contract with sub-subcontractor(s), who can present a similar affidavit verifying the sub-

subcontractor’s compliance with O.C.G.A.13-10-91. The undersigned further agrees that the

Subcontractor will maintain records of such compliance and provide a copy of each such

verification to the Contractor within five days of the sub-subcontractor(s) presenting such

affidavit(s) to the Sub-contractor.

EEV / Basic Pilot Program* User Identification Number

Enter four to six digit numbers

BY: Authorized Officer or Agent Date

(Subcontractor Name)

Title of Authorized Officer or Agent of Subcontractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF __________20___.

Notary Public My Commission Expires

City of Chamblee


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Appendix B: Project Sheets from the North Fork Peachtree

Creek Watershed Improvement Plan

Double click on PDF icon to access planning sheets:

North Fork Peachtree

Creek 319h.pdf

Appendix C: General Terms and Conditions 1) Funding. The Contractor acknowledges that this Contract is funded with a grant from the

U.S. Environmental Protection Agency (“USEPA”). In the event that the Division determines

that the source of payment no longer existing or is insufficient with respect to the Services,

the Division shall terminate the grant. The City reserves the right to terminate this contract

under the provisions in part 5.

2) Insurance. If a contract is awarded, the successful contractor shall provide proof of minimum

insurance coverage. The certificates of insurance must certify that each policy has been

endorsed to provide thirty (30) day notice to the City of Chamblee in the event that

coverage is cancelled, non-renewed, or the types of coverage or limits of liability are

reduced below those required.

a) Workers Compensation – Workers compensation coverage on a statutory basis for the

State of Georgia with an Employer’s Liability limit of $1,000,000. The increased Employer’s

Liability limit may be provided by an Umbrella or Excess Liability Policy.

b) Automobile Liability – Automobile liability coverage for owned, hired and non-owned

vehicles in the amount of $1,000,000 combined single limit.

c) Commercial General Liability – Coverage to be provided on “occurrence” and not

“claims made” basis. The coverage is to include a minimum bodily injury limit of

$1,000,000 for each person and $1,000,000 for each accident. The insurance must be

written by an insurance company with an “A” financial rating by the latest Best’s

Insurance Report. The insurance certificate must list the City of Chamblee as an

additional insured.

d) Professional Liability – Professional liability is required at a coverage limit of at least

$1,000,000.00.

3) Fair Share. This Contract is being funded with a grant from the USEPA. It is the policy of the

USEPA to ensure to the fullest extent possible that at least a negotiated “Fair Share”

percentage of federal funds awarded to prime and subcontractors in support of USEPA

programs be made available to Disadvantaged Business Enterprises (“DBE”).

a) The Contractor agrees to ensure to the fullest extent possible that at least 4% Minority

Business Enterprises (MBE) and 4% Women Business Enterprises (WBE) of federal funds for

contracts or subcontracts for supplies, construction, equipment or services are made

City of Chamblee


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available to organizations owned or controlled by socially and economically

disadvantaged individuals, women and historically black colleges and universities.

b) To evaluate compliance with the “Fair Share” policy, the City will comply with the

following six affirmative steps as appropriate:

i) Including qualified minority and women businesses on solicitation lists;

ii) Assuring that minority and women’s businesses are solicited whenever they are

potential sources;

iii) Dividing total requirements, when economically feasible, into small tasks or quantities

to permit maximum participation of minority and women’s businesses;

iv) Establishing delivery schedules, where the requirements of the work permit, which will

encourage the participation by minority and women’s businesses;

v) Using the services and assistance of the US Small Business Administration and the

Office of Minority Business Enterprise of the US Department of Commerce; and

vi) Requiring each party to a sub-agreement to take the affirmative steps outlined in

paragraphs (i) through (ii) of this section.

c) The Offeror is required to submit semiannual reports to the City of Chamblee, which

include a separate total for MBE/WBE utilization for inclusion in semi-annual reports to

EPD. The Offeror may provide this breakout on each invoice instead of a separate semi-

annual report.

4) Taxes. The State is exempt from Federal Excise Taxes, and no payment will be made for any

taxes levied on Contractor’s employee’s wages. The Division is exempt from State and Local

Sales and Use Taxes on services. Tax Exemption Certifications will be furnished upon request.

Contractor or an authorized subcontractor shall provide the Division with a sworn verification

regarding the filing of unemployment taxes or persons assigned by Contractor to perform

Services, which verification is incorporated herein by reference.

5) Termination of Contract for Cause. If, through any cause other than force majeure, the

Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract,

or if the Contractor shall violate any of the covenants, agreements, or stipulations of this

Contract, the Division and/or City shall thereupon have the right to terminate this Contract

by giving written notice to the Contractor of such termination and specifying the effective

date thereof, at least fifteen (15) days before the effective date of such termination.

a) In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps,

models, photographs, and reports prepared by the Contractor under this Contract shall

become the property of the Division and City, and the Contractor shall be entitled to

receive just and equitable compensation for any satisfactory work completed on such

documents and other materials in which funds were accrued or encumbered up to the

actual date of termination.

b) Notwithstanding the above, the Contractor shall not be relieved of liability to the Division

and City for damages sustained by the Division and City by virtue of any breach of this

Contract by the Contractor, and the Division may withhold any payments to the

Contractor for the purpose of setoff until such time as the exact amount of damages

due the Division from the Contractor is determined.

6) Termination of Contract for Convenience. The Division may terminate this Contract at any

time for good reason by giving at least thirty (30) days written notice to the Contractor of

such termination and specifying the effective date.

City of Chamblee


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a) In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps,

models, photographs, and reports prepared by the Contractor under this Contract shall

become the property of the Division, and the Contractor shall be entitled to receive just

and equitable compensation for any satisfactory work completed on such documents

and other materials in which funds were accrued or encumbered up to the actual date

of termination.

b) If this Contract is terminated as provided herein, the Contractor will be paid an amount

which bears the same ratio to the total compensation as the services actually performed

bear to the total services of the Contractor covered by this Contract, less payments of

compensation previously made.

7) Release of Materials Pursuant to the Georgia Open Records Act. All products, reports,

information, data, etc., given to, derived from, prepared by, or assembled by the Contractor

(the "Materials") in the performance of this Contract shall be governed by the Georgia Open

Records Act. The Contractor shall not release or deliver any Materials to the general public

or to local officials pursuant to a written or oral request under the Georgia Open Records Act

unless authorized in writing to do so by the City of Chamblee.

8) Assignability. Contractor shall not transfer or assign all or any of its right, title or interest in this

Contract or delegate any of its duties or obligations hereunder without the prior written

consent of the City. The City may transfer or assign all or any of its right, title or interest in this

agreement to another agency or authority of the State of Georgia without written notice to

Contractor.

9) Interest of Contract. The Contractor covenants that it presently has no interest and shall not

acquire any interest, direct or indirect, which would conflict in any manner or degree with

the performance required under the Contract. It is specifically agreed and understood that

for the purposes of this Contract, the Contractor shall be an independent contractor and

nothing in this Contract shall be construed as creating a joint venture, partnership or

employment relationship between the parties.

10) Copyrights. No reports, maps, or other documents produced or derived in whole or in part

under this Contract shall be the subject of an application for copyright by or on behalf of the

Contractor. Any such reports, maps and other documents shall constitute a "work made for

hire" pursuant to the U.S. Copyright Act of 1976, as amended, and Contractor agrees that

the Division is the original and sole owner of all rights, including without limitation copyright, in

and to such reports, maps and other documents. If for any reason such reports, maps, and

other documents are found not to be "works made for hire," then Contractor hereby assigns

to the Division all right, title and interest in and to such reports, maps and other documents

without further consideration of any kind. Contractor agrees to execute all further

documents and to take all further steps deemed advisable by the Division to secure and

protect the Division's rights as stated herein.

11) Documents. Provided that Contractor has been paid for the Services, the City and/or Division

shall have the right to use the documents, maps, photographs, drawings and other materials

(including but not limited to models, software or other digital work products) resulting from

Contractor efforts on this Contract. Contractor acknowledges that, in accordance with the

Contract, the City and/or Division is the original and sole owner of all rights in and to such

documents, maps, photographs, drawings and other such materials including but not limited

to models, software or other digital work products. The City and Division acknowledges that

City of Chamblee


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the reuse of any such materials by the City and/or Division on any extension of this project or

any other project shall, with the exception of the obligations of Contractor, be at City’s

and/or Division's sole risk unless otherwise agreed to in writing by all parties. Contractor shall

have the right to retain copies of all such materials.

12) Identification of Documents and Projects. All construction or demonstration projects, reports,

maps, signage and other documents completed as a part of this Contract, other than

documents exclusively for internal use within the Division shall give the Contractor

recognition and carry the following notation on a conspicuous sign or the front cover or a

title page (or in the case of maps, in the same block) containing the name of the Division:

"The preparation of this report, map, document, project, etc., was financed in part

through a grant from the US. Environmental Protection Agency under the Provisions of

Section 319(h) of the Federal Water Pollution Control Act, as amended.”

Together with the month and year, the document was prepared and credit being given to

the Environmental Protection Division of the Department of Natural Resources, State of

Georgia.

13) Intellectual Property. The Contractor agrees it will not use the name or any intellectual

property, including but not limited to, the Division's trademarks or logos in any manner,

including commercial advertising or as a business reference, without the express prior written

consent of the Division.

14) Site Access. The City and/or Division, or its authorized representatives, shall have the right to

enter into the premises of Contractor and/or all subcontractors, or any places where duties

under this Contract are being performed, to inspect, monitor, or otherwise evaluate the

performance under this Agreement.

15) Right to Audit and Access to Records. The Contractor shall maintain books, records and

documents in accordance with generally accepted accounting principles and procedures

and which sufficiently and properly document and calculate all charges billed to the

Division throughout the term of the Contract for a period of at least five (5) years following

the date of final payment or completion of any required audit, whichever is later. Records to

be maintained include both financial records and service records. The Contractor shall

permit the Auditor of the State of Georgia or any authorized representative of the State, and

where federal funds are involved, the Comptroller General of the United States, or any other

authorized representative of the United States government, to access and examine, audit,

excerpt and transcribe any directly pertinent books, documents, papers, electronic or

optically stored and created records or other records of the Contractor relating to orders,

invoices or payments or any other documentation or materials pertaining to the Contract,

wherever such records may be located during normal business hours. The Contractor shall

not impose a charge for audit or examination of the Contractor's books and records. If an

audit discloses incorrect billings or improprieties, the Division reserves the right to charge the

Contractor for the cost of the audit and appropriate reimbursement. Evidence of criminal

conduct will be turned over to the proper authorities.

16) Warranty. The Contractor warrants to the City and Division that the Services will be

performed in a workmanlike manner, consistent with that level of care and skill ordinarily

exercised by other providers of similar services and with sound principles commonly used by

similar professionals under similar circumstances at the time the Services are provided and

City of Chamblee


Proposal of 21

further warrants that the work will be performed as intended and described in the Scope of

Work.

a) Contractor warrants that he has not employed or retained any company or person,

other than a bona fide employee working solely for him, to solicit or secure this Contract

and that he has not paid or agreed to pay any person, company, corporation,

individual, or firm, other than a bona fide employee working solely for him, any fee,

commission, percentage, gift, or other consideration contingent upon or resulting from

the award or the making of this Contract.

17) Indemnification. The Contractor agrees to indemnify and hold harmless the City and State

and City and State officers, employees, agents, and volunteers (collectively, "Indemnified

Parties") from any and all costs, expenses, losses, claims, damages, liabilities, settlements and

judgments, including reasonable value of the time spent by the Attorney General's Office,

related to or arising from:

a) Any negligent or wrongful act or omission of the Contractor or any employee, agent or

subcontractor utilized or employed by the Contractor;

b) The negligence or fault of the Contractor in design, testing, development, manufacture,

or otherwise with respect to the Services provided under the Agreement;

c) The Contractor's negligent performance or attempted performance of the Contract,

including any employee, agent or subcontractor utilized or employed by the Contractor;

d) Any failure by the Contractor to make all reports, payments and withholdings required by

federal and state law with respect to social security, employee income and other taxes,

fees or costs required by the Contractor to conduct business in the State of Georgia or

the United States;

e) Any infringement of any copyright, trademark, patent, trade dress, or other intellectual

property right, or

f) Any failure by the Contractor to adhere to the confidentiality provisions of this Contract.

18) Indirect Damages. Each party hereby waives its rights to recover from the other party any

consequential, indirect, or incidental damages (including but not limited to, loss of use,

income, profits, financing, or reputation), arising out of, or relating to, this agreement of the

performance of the services or both.

19) Compliance with the Georgia Security and Immigration Compliance Act. Contractor certifies

that it will comply with O.C.G.A. §13-10-91 relating to the verification of the status of newly

hired employees as incorporated herein by reference.

20) Federally-Mandated Certifications and Disclosures:

a) Lobbying

i) Disclosure Regarding Lobbying: Contractor hereby warrants as a condition of this

Contract that if it is an organization described in Section 501(c)(4) of the Internal

Revenue Code of 1986, it will not engage in lobbying activities prohibited by the

Lobbying Disclosure Act of 1985.

ii) Certification Regarding Lobbying: Contractor certifies to the best of its knowledge

and belief that:

(1) No Federal appropriated funds have been paid in full or will be paid, by or on

behalf of Contractor, to any person for influencing or attempting to influence an

officer or employee of a Member of Congress in connection with the awarding of

any Federal contract, the making of any Federal grant, the making of any

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Federal loan, the entering into of any cooperative agreement, and the extension,

continuation, renewal, amendment, or modification of any Federal contract,

grant, loan, or cooperative agreement.

b) If any funds other than Federal appropriated funds have been paid or will be paid to any

person for influencing or attempting to influence an officer or employee of any agency,

a Member of Congress, an officer or employee of Congress, or an employee of a

Member of Congress in connection with this contract, then Contractor shall fully disclose

same to the Division, and shall complete and submit Standard Form-LLL, “Disclosure Form

to Report Lobbying”, in accordance with its instructions.

21) Drug Free Work Place: Contractor certifies that, in accordance with the provisions of

O.C.G.A. § 50-24-1, et seq., a drug-free workplace will be provided to Contractor's

employees during the performance of this contract; and it will secure from any

subcontractor hired to work in a drug-free workplace the following written certification: "As

part of any subcontracting agreement (Subcontractor's Name), certifies to Contractor that a

drug-free workplace will be provided for the subcontractor's employees during the

performance of this Contract pursuant to paragraph 7 of subsection (b) of Code 50-24-3."

a) Debarment, Suspension, and Other Responsibility Matters:

i) The Contractor certifies that it and its principles:

(1) Are not presently debarred, suspended, proposed for debarment, and declared

ineligible or voluntarily excluded from covered transactions by any Federal

department or agency.

(2) Have not, within a three-year period preceding this contract, been convicted of

or had a civil judgment rendered against them for commission of fraud or a

criminal offense in connection with obtaining, attempting to obtain, or

performing a public transaction or contract under a public transaction; violation

of Federal or State antitrust statutes; or commission of embezzlement, theft,

forgery, bribery, falsification or destruction of records, making false statements, or

receiving stolen property.

(3) Are not presently indicted for or otherwise criminally or civilly charged by a

government entity with commission of any of the above offenses.

(4) Have not within a three-year period preceding this contract had one or more

public transactions terminated for cause or default.

b) Where the Contractor is unable to certify to any of the statements in this certification,

such Contractor shall attach an explanation to this contract.

c) Equal Employment Opportunity: The Contractor will not discriminate against any

employee for employment because of race, color, religion, sex or national origin. The

Contractor will comply with all sections of Executive Order 11246 -Equal Employment

Opportunity.

22) General Federal Grant Conditions. All covenants, agreements and stipulations in Part 200

Chapter II of Subtitle A, Title 2, Code of Federal Regulations, are incorporated herein by

reference. ·The parties acknowledge those general grant conditions and intend that all

those covenants, agreements, and stipulations between the U.S. Environmental Protection

Agency and the Division are applicable to and enforceable against the Contractor.

Allowable costs will be determined in accordance with the cost principles in the hereto

referenced Code of Federal Regulations. a. The Contractor will assure the continued proper

City of Chamblee


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operation and maintenance of all nonpoint source management practices that have been

implemented for projects funded under this agreement. Such practices shall be operated

and maintained for the expected lifespan of the specific practice and in accordance with

commonly accepted standards. The Contractor shall include a provision in every applicable

sub-agreement (contract) awarded under this grant requiring that the management

practices for the project be properly operated and maintained. b. The Contractor agrees to

ensure that all necessary permits (such as Clean Water Act § 404) are obtained prior to

implementation of any grant funded activity that may fall under applicable federal, state or

local laws. The Contractor project implementation plan must identify permits that may be

needed to complete activities identified in Appendix A: Scope of Work. The Contractor must

keep documentation regarding necessary permits in the project file.

1. Applicable Law. The parties agree that this agreement and all rights, privileges and

responsibilities shall be interpreted and construed according to the laws of the State of

Georgia.

2. Severability. If any one or more of the provisions of this Contract are, for any reason, held by

any court of competent jurisdiction to be invalid, illegal or unenforceable in any respect,

such invalidity, illegality, or unenforceability will not affect any other provision, and this

Contract will be construed as if such invalid, illegal, or unenforceable provision had never

been contained herein.