Architectural & Engineering Services for the New Brookhaven Library (Five (5) Year Multiyear Contract

DeKalb County Department of Purchasing and Contracting November 7, 2022 REQUEST FOR PROPOSALS (RFP) NO. 22-500612 FOR ARCHITECTURAL & ENGINEERING SERVICES FOR THE NEW BROOKHAVEN LIBRARY (FIVE (5) YEAR MULTIYEAR CONTRACT) Procurement Agent: Kyheem Bristol Email: kbristol@dekalbcountyga.gov Mandatory DeKalb First LSBE Meeting: (Bidders must attend 1 meeting on either of the dates listed.) Wednesday, November 9, 2022, November 16, 2022 or November 23, 2022 (Meetings are held at 10:00 a.m. and 2:00 p.m.) For attendance instructions, utilize the following link: https://www.dekalbcountyga.gov/purchasing- contracting/general-information Pre-Proposal Conference: Thursday, November 17, 2022 at 2:00 P.M. EST, via Zoom:

target="_blank">https://dekalbcountyga.zoom.us/j/86535016531 Deadline for Submission of Questions: 5:00 P.M. EST, November 25, 2022 Deadline for Receipt of Proposals: 3:00 P.M. EST, December 8, 2022 THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS RFP TO THE DEPARTMENT OF PURCHASING AND CONTRACTING OF DEKALB COUNTY GOVERNMENT ON OR BEFORE THE STATED DATE AND TIME WILL BE SOLELY AND STRICTLY THE RESPONSIBILITY OF THE RESPONDER. __________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________________________________ https://dekalbcountyga.zoom.us/j/86535016531 RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 2 of 61 TABLE OF CONTENTS Section Title Page I. Introduction............................................................................3 II. Scope of Work ................................................................................................4 III. Proposal Format ..............................................................................................6 A. Cost Proposal .............................................................................................6 B. Technical Proposal ................................................................................. 6-8 C. DeKalb First Ordinance .............................................................................8 D. Federal Work Authorization Program ........................................................9 IV. Criteria for Evaluation ....................................................................................9 V. Contract Administration..................................................................................9 A. Standard County Contract ..........................................................................9 B. Submittal Instructions ..............................................................................10 C. Pre-Proposal Conference .........................................................................10 D. Questions ............................................................................................ 10-11 E. Acknowledgement of Addenda ................................................................11 F. Proposal Duration .....................................................................................11 G. Project Director/Contract Manager ..........................................................11 H. Expenses of Preparing Responses to this RFP .........................................11 I. Georgia Open Records Act .......................................................................11 J. First Source Jobs Ordinance ............................................................... 11-12 K. Business License ......................................................................................12 VI. Award of Contract .........................................................................................13 Attachment A. Cost Proposal .................................................................. 15-16 Attachment B. Contractor Affidavit...............................................17 Attachment C. Sub-Contractor Affidavit.........................................18 Attachment D. Contractor Reference and Release Form ..............................19 Attachment E. Subcontractor Reference and Release Form .........................20 Attachment F. LSBE Opportunity Tracking Form ................................. 21-29 Attachment G. First Source Jobs Ordinance Information & Exhibits .... 30-33 Attachment H. Proposal Cover Sheet ...........................................................34 Attachment I.Sample County Contract .........................................................35 Appendix 1 Building Program Statement .......................................52 RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 3 of 61 I. INTRODUCTION A. Purpose DeKalb County Government (the County) requests qualified individuals and firms that have prior experience with library planning, design, construction, and renovation projects. At least two projects should be public library design projects completed in the past seven years. Architectural firms may submit examples of public government buildings of similar size and scope; however, it is most desirable for architects/firms that have experience with and fully understand the design needs of a public library in providing architectural and engineering services to submit proposals for Request for Proposals (RFP) 22-500612 Architectural & Engineering Services for the New Brookhaven Library (Five (5) Year Multiyear Contract). B. Summary In July 2005, the DeKalb County Public Library (DCPL) Board of Trustees approved a 2006-2025 Library Facilities Plan that included a new 15,000 square foot Brookhaven Branch Library in northwest DeKalb County. On November 8, 2005 DeKalb County voters approved a $54,540,000 bond referendum that included funds for this project. The Library received additional funding in December 2015 as the result of refinancing the 2005 G.O. bonds, bringing the budget of this project to approximately $5.4 million. An additional $1.6 million will be available and earmarked for this project after a property sale between DeKalb County and the City of Brookhaven is finalized, bringing the project budget to approximately $7 million. The proposed project consists of a new 15,000 square foot replacement facility for the existing 6,800 square foot Brookhaven Library at 1242 North Druid Hills Road. No funds for land acquisition were ever allocated for this project and the original idea was for the branch to stay on its current site. Though several other government owned sites have come under consideration, none of them have panned out. As a result, the DCPL Board of Trustees voted in October 2021 to locate the replacement branch on the current site. Subsequent evaluations of the current site indicate that 15,000 square foot building, though very tight, can fit on the site. Creating adequate parking will be the biggest challenge on this site, calling for creative approaches and innovative problem solving. This is projected as a full service community library, providing services to all ages, but with an emphasis on family use. C. The following Required Documents Checklist includes a list of attachments which are requested to be completed and returned with the Responder’s technical proposal: Required Documents Attachment Cost Proposal Form (1 copy, separate & sealed)* A Contractor Affidavit* B Subcontractor Affidavit C Contractor Reference and Release Form * D Subcontractor Reference and Release Form (make additional copies as needed) E LSBE Documents – Exhibits 1 and 2* F First Source Jobs Ordinance Acknowledgement G, Exhibit 1 RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 4 of 61 Form* New Employee Tracking Form* G, Exhibit 2 Proposal Cover Sheet* I Exceptions to the County Contract * ---- *Failure to return these attachments with your proposal will render your proposal non-responsive. D. The services shall commence within ten (10) calendar days after acknowledgement of receipt of written notice to proceed and shall be completed within eighteen (18) months. II. SCOPE OF WORK A. The Architect services shall include all personnel, labor, materials, overhead, equipment, postage, printing, copying, plotting, mileage, deliveries, all costs (direct and indirect), administrative costs, reimbursables, and all things necessary to provide all research, recommendations, studies, conferences, presentations, written documents, designs, specifications, details, drawings, issuance of certificates for payment, review of documents, inspections, supervision and approval of work, preparation of addendums, change orders, work acceptance as necessary to accomplish assigned projects and as further specified in Statement of Work of this RFP. B. Specific individual project requirements will be outlined by the County, with individual Work Authorization Forms authorized and executed (pursuant to the Contractor's Cost Proposal of this RFP) stating total not to exceed amount and completion date prior to commencement of work. Architect shall comply with authorized Work Authorization Forms. Architect shall complete work according to proposed project timeline and shall provide all deliverables in a timely manner and within the total not to exceed amount stated on the Work Authorization Form. C. The services to be provided under this RFP include: 1. Pre-Preliminary Design Services - These are services necessary to clearly define a program or provide further investigation of need. This may include an existing conditions survey and master planning. When pre-preliminary services, including studies, are requested the Architect shall evaluate the program, the existing conditions and the design parameters. The Architect shall prepare as many studies as may reasonably be required in order to develop a detailed scope of work for the project. Studies shall be accompanied by associated cost estimates and any additional items of work as defined within the specific requirements or deliverables for the work scope. 2. Preliminary Design Services - most often comprised of two sub-phases, schematic design and design development. During the schematic design alternative spatial solutions to the defined Scope of Work are explored, priced and presented with the aid of site plans, architectural plans showing all programmed spaces, elevations and sections. At the end of the schematic design one set of alternatives is selected to be carried into the design development phase. During the design development the selected scheme is developed in detail to establish the validity and constructability of the schematic design. Drawings will be reviewed at a predetermined percentage of completion and may include developed site plans. floor plans. elevations, building and wall sections, material selections and finishes. Outline specifications and a cost estimate shall be included. At the end of the design development phase, all design decisions are made final. A RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 5 of 61 presentation meeting attended by the Project Design Review Team, the Client Representative and other Sub-consultants as necessary shall be conducted by the Architect to resolve any disputes arising from the design review process. Deliverables will be specified within the Scope of Work as applicable. 3. Final Design Services - Final construction documents, including drawings, specifications, and project manual are prepared during this phase. For regulatory approval and public bidding, construction documents have to be completely coordinated, checked and cross-checked. Keeping construction change orders to a minimum is a primary responsibility of the Architects. A detailed final cost estimate is required. Comprehensiveness and constructability are key to the Architect’s completion of the final design and subsequent acceptance by the County for construction. Deliverables will be specified within the Scope of Work and periodic reviews conducted with the County project management team as applicable. 4. Bid and Advertising Support Services - shall be performed by the Architect during the period that an Invitation-To-Bid is issued to the public by the County. The Architect will be required to interpret plans and specifications, prepare and issue amendments and related drawings, attend Pre- Bid Meetings, and develop as necessary addenda drawings and specifications as required by Contractor questions and requests for information. 5. Construction Administrative Services - shall be performed by the Architect during the construction phase of the project. The Architects shall be contracted to perform bi-monthly site visits, attend bi-weekly site meetings, prepare/distribute minutes from those meetings, review shop drawings, samples, submittals and submittal logs, mock ups, review and perform detailed cost estimates, review subcontractor qualifications and subsequently provide recommendations, resolve design errors, review Contractors coordination documents and adherence to the construction schedule, review and verify Contractors change orders and prepare Architect's design change orders, participate in the preparation of a punch list, participate in commissioning of facility. Deliverables will be specified within the Scope of Work as applicable. 6. 11-Month Facility Warranty Reviews - shall be requested to support final, in-warranty inspection of new facility construction and/or renovations inclusive of a given facility's mechanical, electrical, low voltage, and plumbing systems operations, interior finishes, and exterior systems conditions. This warranty inspection review is performed along with the project development team comprised of the former general contractor, Facilities Management Department personnel, and Facilities Project Management Office prior to the end of warranty period for new facility construction and renovations. Deliverables will be specified within the Scope of Work as applicable. D. The following is a summary of design services the County is requiring during the term of the Agreement: 1. Conceptual Space Planning and Budgeting 2. Full Service Architectural and Engineering Design 3. Contract Document Preparation and Bid Proposal Support 4. Construction Administration 5. Interior and Exterior Design RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 6 of 61 6. Structural, Civil, Mechanical, Plumbing and Electrical Engineering Design Services 7. Wayfinding and Signage Standards 8. Best Practices for Green and Sustainable Facility Designs 9. Coordination of Performance Standards as Necessary for Certification of Design and Construction of Leadership in Energy and Environmental Design (LEED) Qualification and Certification Coordination Programs for Applicable New Construction and Major Renovations or equivalent. E. Dependent upon the requirements of the project, all sketches, presentation products, architectural and engineering construction drawings and written product and performance specifications will be delivered to the DeKalb County Public Library in hard copy and soft electronic format (PDF and CAD format files). The County shall determine the number of hard copies to be provided by the Contractor. Bound reports and other similar work products may be required. F. All design work shall meet the minimum standards set forth by the applicable building codes and laws, professional licensing organizations, and authorities having jurisdiction. The Architect shall be responsible for accuracy and completeness of design as based upon the requested deliverable. III. PROPOSAL FORMAT Responders are required to submit their proposals in the following format: A. Cost Proposal 1. The cost proposal must be submitted in a separate, sealed envelope with the responder’s name and “Cost Proposal for Request for Proposals No. 22-500612 for Architectural & Engineering Services for the New Brookhaven Library (Five (5) Year Multiyear Contract)” on the outside of the envelope. 2. The sealed envelope containing the cost proposal is requested to be included in the sealed package containing the technical proposal. 3. DO NOT INCLUDE FEES OR COSTS IN ANY AREA OUTSIDE OF THIS COST PROPOSAL. Including fees in any area outside of the Cost Proposal in its separate, sealed envelope shall result in Responder’s proposal being deemed non-responsive. 4. Responders are required to submit their costs on Attachment A, Cost Proposal Form. Responder shall not alter the cost proposal form. B. Technical Proposal 1. Responders shall complete Attachment I, Proposal Cover Sheet, and include this as the first page of the technical proposal, followed by the Introduction, Technical Approach, Project Management, Organizational Qualifications, Personnel, Financial Responsibility, References, and the remaining RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 7 of 61 required documents (see I. Introduction, C. for the list of required documents). To ensure that all requested information is captured in the proposal, Responder should use the format as provided below to respond to this RFP. The Technical Proposal shall not contain any cost information, or the proposal will be deemed non-responsive. 2. Technical Proposals must be submitted in a sealed envelope(s) or box(es) with the responder’s name and “Request for Proposals No. 22-500612 for Architectural & Engineering Services for the New Brookhaven Library (Five (5) Year Multiyear Contract),” on the outside of each envelope or box. DO NOT INCLUDE ANY COSTS OF ANY KIND IN THE TECHNICAL PROPOSAL. 3. Introduction: Provide general information about your company to include: a. Firm name and address; b. Former firm names, joint venture information, out of state offices, as applicable; c. A statement of which office shall handle the project, if multiple offices exist; d. A clear and concise response as to why the County should award your firm for this project; e. A list of any litigations, arbitrations, or mediations in which the firm has been involved in the past five (5) years involving claims for more than $50,000 made by a County against the firm or by the firm against the County, and indicate the disposition of each claim, the name of the County, and the nature of the claim; and f. A statement that the proposal shall remain in effect for and not be withdrawn for one-hundred twenty (120) days after the due date to the County. 4. Technical Approach: This section shall include the following information in the order listed: a. Responders are required to detail the firms understanding of the overall project, project schedule and proposed approach. b. Responders are required to describe the procedures and methods that will achieve the required outcome of the project as specified herein; and c. Include a listing of the County’s responsibilities and the Responder’s responsibilities required to complete the project; 5. Project Management: This section shall include the following information in the order listed: a. Describe how the project will be organized and managed; b. Describe progress reporting procedures for the project; c. Provide a project schedule at the task level starting with the receipt of the Notice to Proceed and ending with project completion; d. Include the anticipated use of consultants or engineers; and e. Describe the resources necessary to accomplish the purpose of the project. 6. Personnel: This section shall include the following information in the order listed: a. Identify the individuals who will be part of the project team; RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 8 of 61 b. Include any outside personnel, such as consultants or engineers; and c. Provide detailed qualifications and resumes of team members and consultants or engineers who will be directly working on the project. 7. Organizational Qualifications: This section shall include the following information in the order listed: a. Describe Responder’s experience, capabilities, and other qualifications in design of library projects, similarly sized facilities and other projects similar to the requirements as listed in this RFP; b. Include a statement of how many years the firm has operated under current company name; c. Provide a list of clients for the seven (7) years for similar sized and scoped projects (to be considered separate from reference requirements). d. Samples of previous work on similar sized library or educational institution projects (i.e. website links, documents, etc.). 8. Financial Responsibility: This section shall include the following information in the order listed: a. Provide the Responder’s year of incorporation along with financial information. b. Provide financial statements for the last three (3) years that evidences the Responder’s financial capabilities to perform the Statement of Work. (Audited statements are preferable but a minimum of balance sheet, income statement, and cash flow statement must be submitted.) 9. References: a. Provide at least three (3) references for services similar or larger in size and scope to the services described within this document using the Contractor Reference and Release Form attached hereto as Attachment D. b. Provide three (3) references for each subcontractor proposed as part of the project team. The references shall be for the same or similar types of services to be performed by the subcontractor (including LSBE-DeKalb and LSBE-MSA firms) on projects similar in size and scope to the anticipated subcontract to the project outlined in this RFP. Use Attachment E, Subcontractor Reference and Release Form. Make additional copies as needed. C. DeKalb First Ordinance 1. It is the objective of the Chief Executive Officer and Board of Commissioners of DeKalb County to provide maximum practicable opportunity for all businesses to participate in the performance of government contracts. The current DeKalb County List of Certified DeKalb First Local Small Business Enterprise (LSBE) Vendors may be found on the DeKalb County website. 2. It is required that all Responders attend the mandatory LSBE meeting within two-weeks of the solicitation’s advertisement, and comply with, complete and submit all LSBE forms (Attachment F, DeKalb First LSBE Information with Exhibits 1 and 2) with the proposal in order to remain responsive. Attendance can be in person, via video conference or teleconference. Please visit the following link for instructions on how to attend remotely: 3. For further details regarding the DeKalb First Local Small Business Enterprise Ordinance, contact RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 9 of 61 the LSBE Program representative at (404) 371-7051. D. Federal Work Authorization Program Contractor and Subcontractor Evidence of Compliance All qualifying contractors and subcontractors performing work with DeKalb County, Georgia must register and participate in the federal work authorization program to verify the work eligibility information of new employees. Successful responder(s) shall be required to register and participate in the federal work authorization program which is a part of Attachment I, Sample County Contract. In order for a Proposal to be considered, it is mandatory that the Contractor Affidavit, Attachment B, be completed and submitted with responder’s proposal. IV. CRITERIA FOR EVALUATION The following evaluation criteria and the maximum points stated below will be used as the basis for the evaluation of proposals. A. Cost Proposal (10 points) B. Technical Proposal (80 points): 1. Technical Approach (25 points) 2. Project Management (20 points) 3. Personnel (10 points) 4. Organizational Qualifications (10 points) 5. Financial Responsibility (10 points) 6. References (5 points) C. Local Small Business Enterprise Participation (10 points) D. Optional Interview (10 points) – bonus; The County reserves the right to conduct optional interviews with all responders or a short-listed group of responders. The Evaluation Committee may award a maximum of ten (10) points to each interviewed responder. If the County determines that it is in its best interest to develop a short list of responders for interview, it shall be based on the following calculation: Highest Responder Score – 10 points = Short-listed Score (Example: 91 – 10 = 81. Any responder with a score of 81 or greater would be interviewed.) V. CONTRACT ADMINISTRATION A. Standard County Contract The attached sample contract is the County’s standard contract document (see Attachment I), which specifically outlines the contractual responsibilities. All responders should thoroughly review the document prior to submitting a proposal. Any proposed revisions to the terms or language of this document must be submitted in writing with the responder’s response to the request for proposals. Since proposed revisions may result in a proposal being rejected if the revisions are unacceptable to the County, responders should review any proposed revisions with an officer of the firm having RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 10 of 61 authority to execute the contract. No alterations can be made in the contract after award by the Board of Commissioners. B. Submittal Instructions One (1) original Technical Proposal stamped “Original”, one (1) identical copy, and one (1) unlocked USB flash drive containing an identical copy of the Technical Proposal ONLY (do not include costs); and one (1) original Cost Proposal (see Section III. A. for additional instructions regarding submittal of Cost Proposal), must be submitted to the following address no later than 3:00 p.m. on December 8, 2022: DeKalb County Department of Purchasing and Contracting Maloof Administration Building 1300 Commerce Drive, 2nd Floor Decatur, Georgia 30030 2. Proposals must be clearly identified on the outside of the packaging with the Responder’s name and “Request for Proposals No. 22-500612 for Architectural & Engineering Services for the New Brookhaven Library (Five (5) Year Multiyear Contract)” on the outside of the envelope(s) or box(es). 3. It is the responsibility of each Responder to ensure that its submission is received by 3:00 p.m. on the proposal due date. The time/date stamp clock located in the Department of Purchasing & Contracting shall serve as the official authority to determine lateness of any response*. The RFP opening time shall be strictly observed. Be aware that visitors to our offices will go through a security screening process upon entering the building. Responders should plan enough time to ensure that they will be able to deliver their submission prior to our deadline. Late submissions, for whatever reason, will not be evaluated. Responders should plan their deliveries accordingly. Telephone or fax bids will not be accepted. * Special Note: While the Maloof Administration Building remains closed to the public during the COVID-19 pandemic, the security desk will accept hand-delivered proposals on behalf of the Department of Purchasing & Contracting. The Responder should request a proposal receipt as verification that the proposal was submitted by the prescribed due date and time. C. Pre-Proposal Conference A pre-proposal conference will be held at 2:00 p.m. on the 17th day of November 2022, at via Zoom. Interested responders are strongly encouraged to attend and participate in the pre-proposal conference. For information regarding the pre-proposal conference, please contact Kyheem Bristol at kbristol@dekalbcountyga.gov. D. Questions All questions concerning this RFP and requests for interpretation or exceptions to the Sample County Contract may be asked and answered during the pre-proposal conference; however, oral answers are not authoritative. Questions and requests for interpretation or exceptions to the Sample County must be submitted to Kyheem Bristol, via email to kbristol@dekalbcountyga.gov by the 5:00 p.m. on 1. RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 11 of 61 November 25, 2022. Questions and requests for interpretation or exceptions to the Sample County received by the Department of Purchasing and Contracting after this date may not receive a response or be the subject of addenda. E. Acknowledgment of Addenda Addenda may be issued in response to changes in the RFP. It is the responsibility of the Responder to ensure awareness of all addenda issued for this solicitation. Please acknowledge the addenda and submit to the Department of Purchasing and Contracting as requested. Responder may email Kyheem Bristol at kbristol@dekalbcountyga.gov to verify the number of addenda prior to submission. Addenda issued for this project may be found on DeKalb County’s website, https://www.dekalbcountyga.gov/purchasing-contracting/bids-itb-rfps. F. Proposal Duration Proposals submitted in response to this RFP must be valid for a period of One Hundred Twenty (120) days from proposal submission deadline and must be so marked. G. Project Director/Contract Manager The County will designate a Project Director/Contract Manager to coordinate this project for the County. The successful Responder will perform all work required pursuant to the contract under the direction of and subject to the approval of the designated Project Director/Contract Manager. All issues including, payment issues, shall be submitted to the Project Director/Contract Manager for resolution. H. Expenses of Preparing Responses to this RFP The County accepts no responsibility for any expenses incurred by the responders to this RFP. Such expenses are to be borne exclusively by the responders. I. Georgia Open Records Act Without regard to any designation made by the person or entity making a submission, DeKalb County considers all information submitted in response to this invitation or request to be a public record that will be disclosed upon request pursuant to the Georgia Open Records Act, O.C.G.A. §50-18-70 et seq., without consulting or contacting the person or entity making the submission, unless a court order is presented with the submission. You may wish to consult an attorney or obtain legal advice prior to making a submission. J. First Source Jobs Ordinance The First Source Ordinance is a public regulation which requires contractors and beneficiaries of eligible DeKalb County projects to make a good faith effort to hire fifty (50) percent of all jobs using the First Source Registry. Beneficiaries are immediate recipients of county grants or community development block funds administered by the county of at least $50,000. Contractors include an individual or entity entering into any type of agreement with the county, funded in whole or in part with county funds. WorkSource DeKalb (WSD) maintains the First Source Registry, comprised of qualified and trained DeKalb County residents. Business Solutions Unit (BSU) is available to assist the employer with selecting the most https://www.dekalbcountyga.gov/purchasing-contracting/bids-itb-rfps RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 12 of 61 qualified candidate by using the First Source Registry to meet the company’s hiring needs. WSD manages the First Source program through the Business Solutions Unit by assigning a specific BSU Specialist. The First Source process is conducted similarly to the BSU business service request process. The BSU Specialist works closely with employers using TALEO and BSU processes to ensure the hiring needs of the employers are met. For more information on the First Source Jobs Ordinance requirement, please contact WorkSource DeKalb at www.dekalbworksource.org or 404-687-3400. K. Business and Professional Licenses Responder must submit a copy of its current, valid business license with its proposal or upon award. If the responder is a Georgia corporation, responder shall submit a valid county or city business license. If the responder is not a Georgia corporation, responder shall submit a certificate of authority to transact business in the state of Georgia and a copy of its valid business license issued by its home jurisdiction. If responder holds a professional certification or license issued by the state of Georgia, responder shall submit a copy of its valid professional license. Any license submitted in response to this requirement shall be maintained by the responder for the duration of the contract. L. Ethics Rules Bidders are subject to the Ethics provision within the DeKalb County Purchasing Policy; the Organizational Act, Section 22A, the Code of DeKalb County; and the rules of Executive Order 2014-4. Any violations will be addressed, pursuant to these policies and rules. To the extent that the Organizational Act, Section 22A, the Code of DeKalb County, and the rules of Executive Order 2014-4 allow a gift, meal, travel expense, ticket, or anything else of value to be purchased for a CEO employee by a contractor doing business with the County, the contractor must provide written disclosure, quarterly, of the exact nature and value of the purchase to the Chief Integrity Officer, if created, or the Finance Director or his/her designee. Every contractor conducting business with the County will receive a copy of these ethical rules at the time of execution of the contract. M. Right to Audit The County shall have the right to audit all books and records, including electronic records, relating or pertaining to this contract or agreement, including but not limited to all financial and performance related records, property, and equipment purchased in whole or in part with County funds and any documents or materials which support those records, kept under the control of the Contractor, including but not limited to those kept by the Contractor's employees, agents, assigns, successors and subcontractors. The County also has the right to communicate with Contractor's employees related to the audited records. The Contractor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this contract and for seven (7) years after termination or expiration, including any and all renewals thereof. The books and records, together with supporting documents and materials shall be made available, upon request to the County or its designee, during normal business hours at the Contractor's office or place of business. In the event that no such location RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 13 of 61 is available, then the books, records, and supporting documents shall be made available for audit at a time and location which is convenient for the County. DeKalb County assures every effort will be made to ensure nondiscrimination in all of its programs and activities, whether those programs and activities are federally funded or not. In addition, DeKalb County will take reasonable steps to provide meaningful access to services for persons with Limited English Proficiency (LEP). N. Cooperative Agreement The County through the Department of Purchasing and Contracting may permit piggybacks to this contract from other city, county, local authority, agency, or board of education if the vendor will extend the same prices, terms, and conditions to the city. Piggybacking shall only be available where competition was used to secure the contract and only for a period of 12-months following entry, renewal or extension of the contract. This provision shall not apply to any contract where otherwise prohibited or mandated by state law. VI. AWARD OF CONTRACT An evaluation committee will review and rate all proposals and shall determine if interviews are necessary. If interviews are conducted, firms will be scheduled for an oral presentation to the evaluation committee, not to exceed one hour’s duration, to respond to questions from the evaluation committee relevant to the firm’s proposal. A recommendation for award will be submitted to the DeKalb County Board of Commissioners, who will make the final decision as to award of contract. THE COUNTY RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS, TO WAIVE INFORMALITIES, AND TO RE-ADVERTISE. Sincerely, __________________________________ Kyheem Bristol Procurement Agent Department of Purchasing and Contracting Attachment A: Cost Proposal Attachment B: Attachment C: Contractor Affidavit Subcontractor Affidavit Attachment D: Contractor Reference And Release Form Attachment E: Subcontractor Reference And Release Form Attachment F: DeKalb First LSBE Information with Exhibits 1-2 RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 14 of 61 Attachment G: First Source Jobs Ordinance Information with Exhibits 1 - 4 Attachment H: Attachment I Proposal Cover Sheet Sample County Contract RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 15 of 61 ATTACHMENT A COST PROPOSAL FORM (consisting of two (2) pages) (Page 1 of 2) Responder: Please complete the attached pages of the Cost Proposal Form, and return them with this cover page. The cost proposal must be submitted in a separate, sealed envelope with the Responder’s name and “Request for Proposals No. 22-500612 Architectural & Engineering Services for the New Brookhaven Library (Five (5) Year Multiyear Contract) clearly identified on the outside of the envelope. By signing this page, Responder acknowledges that he has carefully examined and fully understands the Contract, Scope of Work, and other attached documents, and hereby agrees that if his proposal is accepted, he will contract with DeKalb County according to the Request for Proposal documents. Please provide the following information: Name of Firm: ___________________________________________________________ Address: _______________________________________________________________ Contact Person Submitting Proposal:__________________________________________ Title of Contact Person:____________________________________________________ Telephone Number:_______________________________________________________ Fax Number:_____________________________________________________________ E-mail Address:__________________________________________________________ ____________________________________ Signature of Authorized Signer ____________________________________ Name and Title of Authorized Signer RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 16 of 61 ATTACHMENT A COST PROPOSAL FORM (Page 2 of 2) Responder: State a FIRM FIXED LUMP SUM for all costs, direct and indirect, administrative costs, and all things necessary for Architectural & Engineering Services for the New Brookhaven Library 1A. Project: Construction of New Building Design Phases shall include A&E design costs and required time for Drawing Approval to issue a Building Construction Permit. Programming 10% $________________ Schematic Design 10% $________________ Design Development 30% $________________ Construction Documents 45% $________________ Permitting & Bidding Support 5% $________________ Total Fee Amount $________________ 1B. Estimated Timeline for 100% Construction Documents Ready for Bidders from the Notice to Proceed. Number of Days: 1C. Construction Administration Phase Construction Contract Administration* $______________________ Project Closeout* $______________________ *Estimate off of an 18 month construction schedule. Total Fee Amount $______________________ 1D. Contingency/Expenses Printing, costs, surveying costs, and travel costs are NOT a part of this Pricing Comparison Sheet and are considered an ADD cost. Payment directly to the service provided (as a pass‐through cost) with NO markups. Estimate of Contingency/Expenses (3%) $______________________ TOTAL (1A+1C+1D): State the amount in writing on this line $ TOTAL (1A+1C+1D): State amount in figures on this line RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 17 of 61 ATTACHMENT B Contractor Affidavit Under O.C.G.A. §13-10-91 By executing this affidavit, the undersigned Contractor verifies its compliance with O.C.G.A. §13- 10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of DEKALB COUNTY has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. §13-10-91. Furthermore, the undersigned Contractor will continue to use the federal work authorization program throughout the Contract Term and the undersigned Contractor will contract for the physical performance of services in satisfaction of such contract only with Subcontractors who present an affidavit to the Contractor with the information required by O.C.G.A. §13-10-91. Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ________________________________________________ Federal Work Authorization User Identification Number _______________________________________________ Date of Authorization _______________________________________________ Name of Contractor Architectural & Engineering Services for the New Brookhaven Library Name of Project DeKalb County, Georgia___________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _______________, 20__ in _____________(city), ______(state). By:_________________________________ Signature of Authorized Officer or Agent ____________________________________________ Printed Name and Title of Authorized Officer or Agent Subscribed and Sworn before me on this the __ day of ______________, 20 ___. _________________________________ Notary Public My Commission Expires:_____________________ RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 18 of 61 ATTACHMENT C Subcontractor Affidavit Under O.C.G.A. § 13-10-91 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 _____________________________________________ (insert name of Contractor) on behalf of DEKALB COUNTY, GEORGIA has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned Subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the Subcontractor with the information required by O.C.G.A. § 13-10-91. Additionally, the undersigned Subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the Contractor within five business days of receipt. If the undersigned Subcontractor receives notice that a sub- subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned Subcontractor must forward, within five business days of receipt, a copy of the notice to the Contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Architectural & Engineering Services for the New Brookhaven Library Name of Project DeKalb County, Georgia___________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _______________, 20__ in _____________(city), ______(state). By:_________________________________ Signature of Authorized Officer or Agent ____________________________________________ Printed Name and Title of Authorized Officer or Agent Subscribed and Sworn before me on this the __ day of ______________, 20 ___. _________________________________ Notary Public My Commission Expires:_____________________ RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 19 of 61 ATTACHMENT D CONTRACTOR REFERENCE AND RELEASE FORM List below at least three (3) references, including company name, contact name, address, email address, telephone numbers and contract period who can verify your experience and ability to perform architectural and engineering services listed in the solicitation. At least two projects should be public library design projects completed in the past seven years. Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name REFERENCE CHECK RELEASE STATEMENT You are authorized to contact the references provided above for purposes of this RFP. Signed_______________________________________ Title___________________________ (Authorized Signature of Proposer) Company Name _____________________________________Date _____________________ RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 20 of 61 ATTACHMENT E SUBCONTRACTOR REFERENCE AND RELEASE FORM List below at least three (3) references, including company name, contact name, address, email address, telephone numbers and contract period who can verify your experience and ability to perform the type of service listed in the solicitation. Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name REFERENCE CHECK RELEASE STATEMENT You are authorized to contact the references provided above for purposes of this RFP. Signed_______________________________________ Title___________________________ (Authorized Signature of Proposer) Company Name _____________________________________Date _____________________ RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 21 of 61 ATTACHMENT F DEKALB FIRST LSBE INFORMATION WITH EXHIBITS 1 – 2 SCHEDULE OF LOCAL SMALL BUSINESS ENTERPRISE PARTICIPATION OPPORTUNITY TRACKING FORM The Chief Executive Officer and the Board of Commissioners of DeKalb County believe that it is important to encourage the participation of small and local businesses in the continuing business of County government; and that the participation of these types of businesses in procurement will strengthen the overall economic fabric of DeKalb County, contribute to the County’s economy and tax base, and provide employment to local residents. Therefore, the Chief Executive Officer and the Board of Commissioners have made the success of local small businesses a permanent goal of DeKalb County by implementing the DeKalb First Local Small Business Enterprise Ordinance. PROVISIONS OF DEKALB FIRST LOCAL SMALL BUSINESS ENTERPRISE (LSBE) ORDINANCE Percentage of LSBE Participation Required 20% of Total Award Certification Designation Request For Proposals (RFP) LSBE Within DeKalb (LSBE- DeKalb) Ten (10) Preference Points LSBE Outside DeKalb (LSBE- MSA) Five (5) Preference Points Demonstrated GFE Two (2) Preference Points Certified Local Small Business Enterprises (LSBEs) located within DeKalb County and prime contractors utilizing LSBEs that are locally-based inside DeKalb County shall receive ten (10) points in the initial evaluation of their response to any Request for Proposal. Certified LSBEs located outside of DeKalb County but within the nine (9) County Metropolitan Statistical Area (MSA) consisting of Cherokee, Clayton, Cobb, Douglas, Fayette, Fulton, Gwinnett, Henry and Rockdale Counties shall receive five (5) points in the initial evaluation of their response to any Request for Proposal. Prime Contractors who demonstrate sufficient good faith efforts in accordance with the requirements of the ordinance shall be granted two (2) points in their initial evaluation of responses to any Request for Proposal. Pro-rated points shall be granted where a mixture of LSBE-DeKalb and LSBE MSA firms are utilized. Utilization of each firm shall be based upon the terms of the qualified sealed solicitation. Prime Contractor(s) deemed responsible and remains responsive to a Request for Proposal (RFP) because they are either a certified LSBE-DeKalb or LSBE-MSA firm or has obtained 20% participation of an LSBE-DeKalb or LSBE-MSA firm, submits the lowest bid price shall be deemed the lowest, responsive and responsible bidder. Prime Contractor(s) deemed responsible and remains responsive to a Request for Proposal (RFP) and documented good faith efforts, submits a lower bid price than a Prime Contractor that achieved 20% LSBE participation, or otherwise required benchmark, then the Prime Contractor who actually met the benchmark will be given the opportunity to match the lowest bid price of the Prime Contractor who RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 22 of 61 only made good faith efforts. Prime Contractor(s) who choose not to match the lowest bid price, then the Prime Contractor who made the good faith efforts will be deemed the lowest, responsive and responsible bidder. For all qualified sealed solicitations, the Director of Purchasing and Contracting, DeKalb County Government, shall determine if the bidder/proposer has included written documentation showing that at least twenty percent (20%) of the total contract award will be performed by a certified LSBE. This written documentation shall be in the form of a notarized Schedule of LSBE Participation (Attached hereto as “Exhibit 1”.) For all contracts, a signed letter of intent from all certified LSBEs describing the work, material, equipment and/or services to be performed or provided by the LSBE(s) and the agreed upon percentage shall be due with the bid or proposal documents and included with “Exhibit 1”. The certified vendor list establishes the group of Certified LSBE’s from which the bidder/proposer must solicit subcontractors for LSBE participation. This list can be found on our website http://www.dekalbcountyga.gov/purchasing-contracting/about-purchasing-and-contracting or obtained from the Special Projects LSBE Program team. Prime Contractors failing to meet the LSBE benchmark must document and demonstrate Good Faith Efforts in accordance with the attached “Checklist for Good Faith Efforts” portion of “Exhibit 1.” The notarized Schedule of LSBE Participation shall be due and submitted with each bid or proposal. Failure to achieve the LSBE benchmark or demonstrate good faith efforts shall result in a bid or proposal being rejected. Prime Contractors that fail to attend the mandatory LSBE meeting in person or via video conference shall mean that the Prime Contractor has not demonstrated sufficient good faith efforts and its bid or proposal if submitted, shall be deemed non-responsive without any further review. Upon award, Prime Contractors are required to submit a report detailing LSBE Sub-Contractor usage with each request for payment and not less than on a monthly basis. Prime Contractors shall ensure that all LSBE sub-contractors have been paid within seven (7) days of the Prime’s receipt of payment from the County. Failure to provide requested reports/documentation shall constitute a material breach of contract, entitling the County to terminate the Contract for default or pursue other remedies. LSBE sub- contractors must confirm payments received from the Prime(s) for each County contract they participate in. For eligible bids/proposals valued over $5,000,000.00, the Mentor-Protégé provision of the Ordinance shall apply. Prime Contractors must agree to become mentors and take on an LSBE protégé in an effort to enhance the potential of future LSBEs. Qualifying projects shall be performed by both Mentor and Protégé through a subcontract between both parties. This requirement is in addition to all other applicable sections of the DeKalb First Ordinance. Please review the ordinance, section 2-214 or contact the LSBE Program Representative for detailed information regarding this initiative. http://www.dekalbcountyga.gov/purchasing-contracting/about-purchasing-and-contracting RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 23 of 61 EXHIBIT 1 SCHEDULE OF DEKALB FIRST LOCAL SMALL BUSINESS ENTERPRISE PARTICIPATION OPPORTUNITY TRACKING FORM As specified, Bidders and Proposers are to present the details of LSBE participation below: PRIME BIDDER/PROPOSER___________________________________________________________ SOLICITATION NUMBER: RFP No. 22-500612 TITLE OF UNIT OF WORK – Architectural & Engineering Services for the New Brookhaven Library (Five (5) Year Multiyear Contract) 1. My firm, as the prime bidder/proposer on this unit of work, is a certified (check all that apply): ____LSBE-DeKalb ____LSBE-MSA 2. If you are a Certified LSBE-DeKalb or MSA, please indicate below the percentage of that your firm will carry out directly: ____________________________________. 3. If the prime bidder/proposer is a joint venture, please describe below the nature of the joint venture and level of work and percentage of participation to be provided by the LSBE-DeKalb or MSA joint venture firm. ________________________________________________________________________ ________________________________________________________________________ 4. List the LSBE-DeKalb or MSA subcontractors and/or firms (including suppliers) to be utilized in of this contract, if awarded. No changes can be made in the subcontractors listed below without the prior written approval of the County. Please attach a signed letter of intent from all certified LSBEs describing the work, materials, equipment or services to be performed and/or provided and the agreed upon percentage of work to be performed. A Letter of Intent form is attached hereto as “Exhibit 2”. Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed Percentage of work to be performed RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 24 of 61 Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed Percentage of work to be performed Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed Percentage of work to be performed Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed Percentage of work to be performed Please attach additional pages, if necessary. RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 25 of 61 EXHIBIT 1, CONT’D DEKALB COUNTY CHECKLIST FOR GOOD FAITH EFFORTS A bidder/proposer that does not meet the County’s LSBE participation benchmark is required to submit documentation to support all “Yes” responses as proof of “good faith efforts.” Please indicate whether or not any of these actions were taken: Yes No Description of Actions 1. Prime Contractors shall attend a MANDATORY LSBE Meeting in person or via video conference within two-weeks of advertisement of the solicitation. 2. Provide a contact log showing the company’s name, contact person, address, email and contact number (phone or fax) used to contact the proposed certified subcontractors, nature of work requested for quote, date of contact, the name and title of the person making the effort, response date and the percentage of work. 3. Provide interested LSBEs via email, of any new relevant information, if any, at least 5 business days prior to submission of the bid or proposal. 4. Efforts made to divide the work for LSBE subcontracting areas likely to be successful and to identify portions of work available to LSBEs consistent with their availability. Include a list of divisions of work not subcontracted and the corresponding reasons for not including them. The ability or desire of a bidder/proposer to perform the contract work with its own organization does not relieve it of the responsibility to make good faith efforts on all scopes of work subject to subcontracting. 5. Efforts were made to assist potential LSBE subcontractors meet bonding, insurance, or other governmental contracting requirements. Where feasible, facilitating the leasing of supplies or equipment when they are of such a specialized nature that the LSBE could not readily and economically obtain them in the marketplace. 6. Communication via email or phone with DeKalb First Program Staff seeking assistance in identifying available LSBEs. Provide DeKalb First Program Staff representative name and title, and date of contact. 7. For all contracts, a signed letter of intent from all certified LSBEs describing the work, materials, equipment or services to be performed or provided by the LSBE(s) and the agreed upon LSBE participation percentage shall be due with the bid or proposal documents. 8. Other Actions, to include Mentor/Protégé commitment for solicitations $5M and above (specify): Please explain all “no” answers above (by number): RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 26 of 61 This list is a guideline and by no means exhaustive. The County will review these efforts, along with attached supporting documents, to assess the bidder/proposer’s efforts to meet the County’s LSBE Participation benchmark. If you require assistance in identifying certified, bona fide LSBEs, please contact the Purchasing and Contracting Department - DeKalb First Program at DeKalbFirstLSBE@dekalbcountyga.gov. mailto:DeKalbFirstLSBE@dekalbcountyga.gov RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 27 of 61 EXHIBIT 1, CONT’D DEKALB FIRST LOCAL SMALL BUSINESS ENTERPRISE SCHEDULE OF PARTICIPATION OPPORTUNITY TRACKING FORM Bidder/Proposer Statement of Compliance Bidder(s)/Proposer(s) hereby state that they have read and understand the requirements and conditions as set forth in the objectives and that reasonable effort were made to support the County in providing the maximum practicable opportunity for the utilization of LSBEs consistent with the efficient and economical performance of this contract. The Bidder and any subcontractors shall file compliance reports at reasonable times and intervals with the County in the form and to the extent prescribed by the Director of DeKalb County Purchasing and Purchasing and Contracting Department. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of Contractors and their subcontractors. 1. Non-Discrimination Policy a. During the performance of this agreement, Contractor agrees to conform to the following Non-Discrimination Policy adopted by the County. b. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or disability. The Contractor will take action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, national origin, or disability. Such action shall include, but not be limited to, the following: (1) 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. Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth provisions of this non-discrimination clause. (2) Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or disability. c. Without limiting the foregoing, Contractor shall not discriminate on the basis of disability in the admission or access to, or treatment or employment in, the programs and activities, which form the subject of the contract. The Contractor will take action to ensure that applicants for participation in such programs and activities are considered without regard to disability. Such action shall include, but not be limited to, the following: (1) Contractor agrees to post in conspicuous places available to participants in its programs and activities notices to be provided setting forth the provisions of this non-discrimination clause. (2) Contractor shall, in all solicitations or advertisements for programs or activities, which are the subject of the contract, state that all qualified applicants will receive consideration for participation without regard to disability. RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 28 of 61 2. Commitment The undersigned certifies that he/she has read, understands, and agrees to be bound by the bid specifications, including the accompanying Exhibits and other terms and conditions of the Invitation to Bid and/or Request for Proposal regarding LSBE utilization. The undersigned further certifies that he/she is legally authorized by the bidder or responder to make the statements and representations in Exhibit A and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s) with the LSBE(s) listed in this Exhibit A, which are deemed by the owner to be legitimate and responsible LSBEs. Said agreement(s) shall be for the work and contract with the Prime Contractor. The undersigned understands and agrees that if any of the statements and representations are made by the Bidder knowing them to be false, or if there is a failure of the successful Bidder (i.e., Contractor) to implement any of the stated agreements, intentions, objectives, goals and commitments set forth herein without prior approval of the County, then in any such events the contractor’s act or failure to act, as the case may be, shall constitute a material breach of contract, entitling the County to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights and remedies the County may have for other defaults under the Contract. Additionally, the Contractor will be subject to the loss of any future contract awards by the County for a period of one year. Firm Name (Please Print): _________________________________________________________________ Firm’s Officer: _________________________________________________________________ (Authorized Signature and Title Required) Date Sworn to and Subscribed to before me this ____ day of_______________, 202__. _________________________________________________________________ Notary Public My Commission Expires:_____________________________________________ RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 29 of 61 EXHIBIT 2 LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR PROVIDING MATERIALS OR SERVICES Instructions: 1. Complete the form in its entirety and submit with proposal. 2. Attach a copy of the LSBE’s current valid Certification Letter. To:___________________________________________________________________________ _____ (Name of Prime Contractor Firm) From: ________________________________________ ☐ LSBE –DeKalb ☐ LSBE –MSA (Name of Subcontractor Firm) (Check all that apply) RFP Number: 22-500612 Project Name: Architectural & Engineering Services for the New Brookhaven Library(Five (5) Year Multiyear Contract) The undersigned subcontractor is prepared to perform the following described work or provide materials or services in connection with the above project (specify in detail particular work items, materials, or services to be performed or provided). Description of Materials or Services Project/Task Assignment % of Contract Award Prime Contractor Sub-contractor Signature:_________________________ Signature:______________________________ Title:_____________________________ Title:__________________________________ Date:_____________________________ Date: __________________________________ Page 30 of 61 ATTACHMENT G FIRST SOURCE JOBS ORDINANCE INFORMATION (WITH EXHIBITS 1 – 4) EXHIBIT 1 FIRST SOURCE JOBS ORDINANCE ACKNOWLEDGEMENT The DeKalb County First Source Ordinance requires contractors or beneficiaries of eligible projects entering into any type of agreement with the County, including purchase orders, regardless of what they may be called, for the procurement or disposal of supplies, services, construction projects, professional or consultant services, which is funded in whole or part with County funds or County administered funds in which the contractor is to receive $50,000 or more in County expenditures or committed expenditures and recipient of urban redevelopment action grants or community development block funds administered in the amount of $50,000 or more to make a good faith effort to hire DeKalb County residents for at least 50% of jobs created using the First Source Registry (candidate database) within one hundred twenty (120) days of contract execution. The work to be performed under this contract is subject to the provisions of the DeKalb County First Source Jobs Ordinance. All contractors will be asked to submit an Employment Roster and/or copies of active payroll registers on a monthly basis to verify compliance. The undersigned acknowledges and agrees to comply with the provisions of the DeKalb County First Source Jobs Ordinance. CONTRACTOR OR BENEFICIARY INFORMATION: Contractor or Beneficiary Name (Signature) Contractor or Beneficiary Name (Printed) Title Telephone Email _______________________________ Name of Business Please answer the following questions: 1. How many job openings do you anticipate filling related to this contract? _____ 2. How many incumbents/existing employees will retain jobs due to this contract? DeKalb Residents: _____ Non-DeKalb Residents: _____ 3. How many work hours per week constitutes Full Time employment? ______ Please return this form to WorkSource DeKalb, (404) 687-3900 or email to fkadkins@dekalbcountyga.gov WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon request to individuals with disabilities. Persons with hearing impairments may call 1-800-255-0135 or 711 TTY for assistance. WSD is 100% funded by the U. S. Department of Labor and is a proud partner of the American Job Center Network. mailto:fkadkins@dekalbcountyga.gov Page 31 of 61 FIRST SOURCE JOBS ORDINANCE INFORMATION EXHIBIT 2 NEW EMPLOYEE TRACKING FORM Name of Bidder__________________________________________________________________ Address_________________________________________________________________ E-Mail____________________________________________________________________ Phone Number_________________________________________________________________ Fax Number_________________________________________________________________ Do you anticipate hiring from the First Source Candidate Registry? Y or N (Circle one) If so, the approximate number of employees you anticipate hiring: ____________________________ Type of Position(s) you anticipate hiring: (List position title, one position per line) Attach job description per job title: The number you anticipate hiring: Timeline Please return this form to WorkSource DeKalb, fax (404) 687-4099 or email to FirstSourceJobs@dekalbcountyga.gov. WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon request to individuals with disabilities. Persons with hearing impairments may call 1-800-255-0135 or 711 TTY for assistance. WSD is 100% funded by the U. S. Department of Labor and is a proud partner of the American Job Center Network. mailto:FirstSourceJobs@dekalbcountyga.gov RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 32 of 61 FIRST SOURCE JOBS ORDINANCE INFORMATION EXHIBIT 3 BUSINESS SERVICE REQUEST FORM Please complete this form for each position that you have available. DATE: FEDERAL TAX ID: COMPANY NAME: WEBSITE: ADDRESS: (WORKSITE ADDRESS IF DIFFERENT): CONTACT NAME: TITLE: CONTACT E-MAIL ADDRESS: CONTACT PHONE: Are you a private employment agency or staffing agency? YES NO JOB DESCRIPTION: (Please include a copy of the Job Description) POSITION TITLE: ____________________________________________________________ NUMBER OF POSITIONS AVAILABLE: _________ TARGET START DATE: _________________ WEEKLY WORK HOURS: 20-30 hours 30-40 hours Other ________________ SALARY RATE (OR RANGE): ________________ SPECIFIC WORK SCHEDULE: ___________ PERM TEMP TEMP-TO-PERM SEASONAL PUBLIC TRANSPORTATION ACCESSIBILITY: YES NO SCREENINGS ARE REQUIRED: YES NO SELECT ALL THAT APPLY: CREDIT CHECK DRUG MVR BACKGROUND OTHER __________________ HOW TO APPLY: __________________________________________________________________________ ________________________________________________________________________ Please return form to: fkadkins@dekalbcountyga.govmailto:jbblack@dekalbcountyga.gov DO NOT WRITE BELOW THIS LINE - TO BE COMPLETED BY WORKSOURCE DEKALB ONLY SYSTEM TYPE: First Source Direct Hire Work Experience (WEX) ENTRY DATE: _________ ASSIGNED TO: _______________________________________ DATE: _____________ WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon request to individuals with disabilities. Persons with hearing impairments may call 1-800-255-0135 or 711 TTY for assistance. WSD is 100% funded by the U. S. Department of Labor and is a proud partner of the American Job Center Network. mailto:fkadkins@dekalbcountyga.gov mailto:jbblack@dekalbcountyga.gov RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 33 of 61 FIRST SOURCE JOBS ORDINANCE INFORMATION EXHIBIT 4 EMPLOYMENT ROSTER DeKalb County Contract Number: _________________________ Project Name: ____________________________ Contractor: ______________________________ Date: ___________ Name Position: Start Date Hourly Rate of Pay Hired for this Project? (yes/no) Anticipated Length of Employment (Months) % of Time Dedicated to the Project Full or Part Time? (No. of Hours) Georgia County of Residency WorkSource DeKalb (WSD) is an EEO/M/F/D/V employer/program. Auxiliary aids/services are available upon request to individuals with disabilities. Persons with hearing impairments may call 1-800-255-0135 or 711 TTY for assistance. WSD is 100% funded by the U. S. Department of Labor and is a proud partner of the American Job Center Network. RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 34 of 61 ATTACHMENT H PROPOSAL COVER SHEET NOTE: Read all instructions, conditions and specifications in detail before completing this Request for Proposal. Please complete and include this cover sheet with your technical proposal. Company Name Federal Tax ID# Complete Primary Address County City Zip Code Mailing Address (if different) City State Zip Code Are you a DeKalb County Firm? Yes □ No □ Contact Person Name and Title Telephone Number (include area code) Email Address Fax Number (include area code) Company Website Address Type of Organization (check one)  Corporation  Joint Venture  Proprietorship  Government Proposals for RFP No. 22-500612 described herein will be received in the Purchasing and Contracting Department, The Maloof Administration Building, 1300 Commerce Drive, 2nd Floor, Decatur, Georgia 30030 on December 8, 2022 until 3:00 p.m. (EST). CAUTION: The Decatur Postmaster will not deliver certified or Special Delivery Mail to specific addresses within DeKalb County Government. When sending bids or time sensitive documents, you may want to consider a courier that will deliver to specific addresses. Proposal Cover Sheet should be signed by a representative of Responder with the authority to bind Responder to all terms, conditions, services, and financial responsibilities in the submitted Proposal. Authorized Representative Signature(s) Title(s) Type or Print Name(s) Date RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 35 of 61 ATTACHMENT I AGREEMENT FOR PROFESSIONAL SERVICES (Sample County Contract) DEKALB COUNTY, GEORGIA THIS AGREEMENT made as of this day of , 20 , (hereinafter called the “execution date”) by and between DEKALB COUNTY, a political subdivision of the State of Georgia (hereinafter referred to as the “County”), and , a corporation organized and existing under the laws of the State of , with offices in , (hereinafter referred to as “Contractor”), shall constitute the terms and conditions under which the Contractor shall provide in DeKalb County, Georgia. WITNESSETH: That for and in consideration of the mutual covenants and agreements herein set forth, the County and the Contractor hereby agree as follows: ARTICLE I. CONTRACT TIME The Contractor shall commence the Work under this Contract within ten (10) days from the execution date. Contractor shall fully complete the Work by December 31, 202XX. The Contract Time may be extended only by Change Order approved and executed in accordance with the terms of this Contract. ARTICLE II. CONTRACT TERM The Contractor shall commence the Work under this Contract within ten (10) days from the acknowledgement of receipt of the Notice to Proceed. As required by O.C.G.A §36-60-13, this Contract shall (i) terminate without further obligation on the part of the County each and every December 31st, as required by O.C.G.A. § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of this Contract; (ii) automatically renew on each January 1st, unless terminated in accordance with the termination provisions of this Contract; and (iii) terminate absolutely, with no further renewals, on December 31, 20XX, unless extended by Change Order adopted and approved by the DeKalb County Governing Authority and the Contractor in accordance with the terms of this Contract. ARTICLE III. PAYMENT As full payment for the faithful performance of this Contract, the County shall pay the Contractor, the Contract Price, which is an amount not to exceed ($ ), unless changed by written Change Order in accordance with the terms of this Contract. The term “Change Order” includes the term “amendment” and shall mean a written order authorizing a change in the Work, and an adjustment in Contract Price to Contractor or the Contract Term, as adopted and approved by the Contractor and the DeKalb County Governing Authority, or the Chief Executive Officer, if exempted from Governing Authority adoption and approval in accordance with the express terms of this Contract. The Chief Executive Officer or his/her designee shall have the authority to approve and execute a Change Order lowering the Contract Price or increasing the Contract Price up to twenty percent (20%) of the original Contract Price, provided that the total amount of the increase authorized by such Change Order is less than $100,000.00. If the original Contract or Purchase Order Price does not exceed $100,000.00, but the Change Order will make the total Contract Price exceed $100,000.00, then the Change Order will require approval by official action of the Governing Authority. Any other increase of the Contract Price shall be by Change Order adopted and approved by the DeKalb County Governing Authority and the Contractor in accordance with the terms of this Contract. Amounts paid to the Contractor shall comply with and not exceed Attachment A, the Contractor’s Cost Proposal, consisting of page(s) attached hereto and incorporated herein by reference. Payment is to be made no later than thirty (30) days after submittal of undisputed invoice. Invoice(s) must be submitted as follows: A. Original invoice(s) must be submitted to: RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 36 of 61 DeKalb County, Georgia Attention: “USER DEPARTMENT” B. Upon award, Prime Contractor(s) with Local Small Business Enterprise (LSBE) Subcontractor(s) shall enter utilization reports electronically at www.dekalblsbe.info. Proof of payment to the LSBE Subcontractor must be uploaded and submitted. LSBE Subcontractors shall confirm receipt of payment from the Prime, electronically also, at www.dekalblsbe.info ARTICLE IV. STATEMENT OF WORK The Contractor agrees to provide all services in accordance with the County’s Request for Proposals (RFP) No. 20-500XXX for (Project Name), attached hereto as Appendix I and incorporated herein by reference, and the Contractor’s response thereto, attached hereto as Appendix II and incorporated herein by reference. The Contractor’s services shall include all things, personnel, and materials necessary to accomplish specific projects authorized by the County. Specific Work Authorizations will have precedence over any interpretation within the Contract. ARTICLE V. GENERAL CONDITIONS A. Accuracy of Work The Contractor shall be responsible for the accuracy of the Work and any error and/or omission made by the Contractor in any phase of the Work under this Agreement. B. Additional Work The County shall in no way be held liable for any work performed under this section which has not first been approved in writing by the County in the manner required by applicable law and/or the terms of this Contract. The County may at any time order changes within the scope of the Work without invalidating the Contract upon seven (7) days written notice to the Contractor. The Contractor shall proceed with the performance of any changes in the Work so ordered by the County unless such change entitles the Contractor to a change in Contract Price, and/or Contract Term, in which event the Contractor shall give the County written notice thereof within fifteen (15) days after the receipt of the ordered change, and the Contractor shall not execute such changes until it receives an executed Change Order from the County. No extra cost or extension of time shall be allowed unless approved by the County and authorized by execution of a Change Order. The parties’ execution of any Change Order constitutes a final settlement of all matters relating to the change in the Work which is the subject of the Change Order. The County shall not be liable for payment for any work performed under this section which has not first been approved in writing by the County in the manner required by applicable law and/or the terms of this Contract. C. Ownership of Documents All documents, including drawings, estimates, specifications, and data are and remain the property of the County. The Contractor agrees that the County may reuse any and all plans, specifications, drawings, estimates, or any other data or documents described herein in its sole discretion without first obtaining permission of the Contractor and without any payment of any monies to the Contractor therefore. However, any reuse of the documents by the County on a different site shall be at its risk and the Contractor shall have no liability where such documents are reused. D. Right to Audit The County shall have the right to audit all books and records, including electronic records, relating or pertaining to this contract or agreement, including but not limited to all financial and performance related records, property, and equipment purchased in whole or in part with County funds and any documents or materials which support those records, kept under the control of the Contractor, including but not limited to those kept by the Contractor’s employees, agents, assigns, successors and subcontractors. The County also has the right to communicate with Contractor’s employees related to the audited records. The Contractor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this contract and for seven (7) years after termination or expiration, including any and all renewals thereof. The http://www.dekalblsbe.info/ http://www.dekalblsbe.info/ http://www.dekalblsbe.info/ RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 37 of 61 books and records, together with supporting documents and materials shall be made available, upon request to the County or its designee, during normal business hours at the Contractor’s office or place of business. In the event that no such location is available, then the books, records, and supporting documents shall be made available for audit at a time and location which is convenient for the County. E. Successors and Assigns The Contractor agrees it shall not sublet, assign, transfer, pledge, convey, sell, or otherwise dispose of the whole or any part of this Contract or his right, title, or interest therein to any person, firm, or corporation without the previous written consent of the County. If the County consents to any such assignment or transfer, then the Contractor binds itself, its partners, successors and assigns to all covenants of this Contract. Nothing contained in this Contract shall create, nor be interpreted to create privity, or any other relationship whatsoever, between the County and any person, or entity or than Contractor. F. Reviews and Acceptance Work performed by the Contractor shall be subject to review and acceptance in stages as required by the County. Acceptance shall not relieve the Contractor of its professional obligation to correct, at his own expense, any errors in the Work. G. Termination of Agreement The Contractor understands and agrees that the date of the beginning of Work, rate of progress, and time for completion of the Work are essential conditions of this Contract. The County may, for its own convenience and at its sole option, without cause and without prejudice to any other right or remedy of County, elect to terminate the Contract by delivering to the Contractor, at the address listed in the Notices article of this Contract, a written notice of termination specifying the effective date of termination. Such notice shall be delivered to Contractor at least thirty (30) days prior to the effective date of termination. If Contractor’s services are terminated by the County, the termination will not affect any rights or remedies of the County then existing or which may thereafter accrue against Contractor or its surety. In case of termination of this Contract before completion of the Work, Contractor will be paid only for the portion of the Work satisfactorily performed through the effective date of termination as determined by the County. Neither party shall be entitled to recover lost profits, special, consequential or punitive damages, attorney’s fees or costs from the other party to this Contract for any reason whatsoever. This Contract shall not be deemed to provide any third-party with any remedy, claim, right of action, or other right. The parties’ obligations pursuant to this Section shall survive any acceptance of Work, or termination or expiration of this Contract. H. Indemnification Agreement The Contractor shall be responsible from the execution date or from the time of the beginning of the Work, whichever shall be the earlier, for all injury or damage of any kind resulting from the Work, to persons or property, including employees and property of the County. The Contractor shall exonerate, indemnify, and save harmless the County, its elected officials, officers, employees, agents and servants, hereinafter collectively referred to in this Section as “the County Indemnitees,” from and against all claims or actions based upon or arising out of any damage or injury (including without limitation any injury or death to persons and any damage to property) caused by or sustained in connection with the performance of this Contract or by conditions created thereby or arising out of or any way connected with Work performed under this Contract, as well as all expenses incidental to the defense of any such claims, litigation, and actions. Furthermore, Contractor shall assume and pay for, without cost to the County Indemnitees, the defense of any and all claims, litigation, and actions suffered through any act or omission of the Contractor, or any Subcontractor, or anyone directly or indirectly employed by or under the supervision of any of them. Notwithstanding any language or provision in this Contract, Contractor shall not be required to RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 38 of 61 indemnify any County Indemnitee against claims, actions, or expenses based upon or arising out of the County Indemnitee’s sole negligence. As between the County Indemnitees and the Contractor as the other party, the Contractor shall assume responsibility and liability for any damage, loss, or injury, including death, of any kind or nature whatever to person or property, resulting from any kind of claim made by Contractor’s employees, agents, vendors, Suppliers or Subcontractors caused by or resulting from the performance of Work under this Contract, or caused by or resulting from any error, omission, or the negligent or intentional act of the Contractor, vendors, Suppliers, or Subcontractors, or any of their officers, agents, servants, or employees. The Contractor shall defend, indemnify, and hold harmless the County Indemnitees from and against any and all claims, loss, damage, charge, or expense to which they or any of them may be put or subjected by reason of any such damage, loss, or injury. The Contractor expressly agrees to provide a full and complete defense against any claims brought or actions filed against the County Indemnitees, where such claim or action involves, in whole or in part, the subject of the indemnity contained in this Contract, whether such claims or actions are rightfully or wrongfully brought or filed. The County has the sole discretion to choose the counsel who will provide the defense. No provision of this Contract and nothing herein shall be construed as creating any individual or personal liability on the part of any elected official, officer, employee, agent or servant of the County, nor shall the Contract be construed as giving any rights or benefits hereunder to anyone other than the parties to this Contract. The parties’ obligations pursuant to this Section shall survive any acceptance of Work, or termination or expiration of this Contract. I. Insurance Prior to commencing work, Contractor shall, at its sole expense, procure and maintain insurance of the types and in the amounts described below from insurer(s) authorized to transact business in the state where the work or operations will be performed by Contractor. Such insurance shall be placed with admitted insurers that maintain an A.M. Best's rating of not less than “A” (Excellent) with a Financial Size Category of VII or better with coverage forms acceptable to Contractor. The insurance described below shall be maintained uninterrupted for the duration of the project, including any warranty periods, and shall protect Contractor, and others as required by contract, for liabilities in connection with work performed by or on behalf of Contractor, its agents, representatives, employees or Contractors. 1. Certificates of Insurance in companies doing business in Georgia and acceptable to the County covering: (a) Statutory Workers’ Compensation Insurance, or proof that Contractor is not required to provide such coverage under State law; (1) Employer’s liability insurance by accident, each accident $1,000,000 (2) Employer’s liability insurance by disease, policy limit $1,000,000 (3) Employer’s liability insurance by disease, each employee $1,000,000 (b) Professional Liability Insurance on the Contractor’s services in this Agreement with limit of $1,000,000; (c) Commercial General Liability Insurance covering all operations with combined single limit of $1,000,000; (d) Comprehensive Automobile Liability Insurance with form coverage for all owned, non-owned and hired vehicles with combined single limit of $1,000,000. (e) Umbrella or Excess Insurance. Umbrella or excess insurance is to be provided with General Liability, Auto Liability and Employers Liability scheduled as underlying policies with limits not less than the following: $5,000,000 per occurrence $5,000,000 aggregate 2. Additional Insured Requirement: RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 39 of 61 (a) The County, its elected officials, officers, employees and agents, hereinafter referred to in this article and in the article entitled “Certificates of Insurance” as “the County and its officers” are to be named as additional insured on all policies of insurance except worker’s compensation insurance with no cross suits exclusion. The County and its officers shall be included as additional insureds under commercial general liability and commercial umbrella insurance, for liabilities arising out of both the ongoing and completed operations of Contractor. Such additional insured coverage shall be endorsed to Contractor’s policy by attachment of ISO Additional Insured Endorsement forms CG 20 10 10 01 (ongoing operations) and CG 20 37 10 01 (products-completed operations), or form(s) providing equivalent coverage. (b) All coverages required of the Contractor will be primary over any insurance or self-insurance program carried by the County. (c) If the Contractor is a joint venture involving two (2) or more entities, then each independent entity will satisfy the limits and coverages specified here or the joint venture will be a named insured under each respective policy specified. 3. Fidelity Bond coverage shall be provided. Coverage limits shall not be less than the amount scheduled in the contract. 4. Certificates of Insurance must be executed in accordance with the following provisions: (a) Certificates to contain policy number, policy limits, and policy expiration date of all policies issued in accordance with this Agreement; (b) Certificates to contain the location and operations to which the insurance applies; (c) Certificates to contain Contractor’s protective coverage for any subcontractor’s operations; (d) Certificates to contain Contractor’s contractual liability insurance coverage; (e) Certificates are to be issued to: DeKalb County, Georgia Director of Purchasing & Contracting The Maloof Center, 2nd Floor 1300 Commerce Drive Decatur, Georgia 30030 5. The Contractor shall be wholly responsible for securing certificates of insurance coverage as set forth above from all subcontractors who are engaged in this work. 6. The Contractor agrees to carry statutory Workers’ Compensation Insurance and to have all subcontractors likewise carry statutory Workers’ Compensation Insurance. 7. Contractor agrees to waive all rights of subrogation and other rights of recovery against the County and its officers and shall cause each Subcontractor to waive all rights of subrogation for all coverage, excluding Professional E&O. 8. Failure of the County to demand such certificate or other evidence of full compliance with these insurance requirements or failure of the County to identify a deficiency from evidence provided will not be construed as a waiver of the Contractor’s obligation to maintain such coverage. Contractor understands and agrees that the purchase of insurance in no way limits the liability of the Contractor. 9. Certificates shall state that the policy or policies shall not expire, be cancelled or altered RFP 22-500612 Architectural & Engineering Services for the New Brookhaven Library Page 40 of 61 without at least sixty (60) days prior written notice to the County. Policies and Certificates of Insurance listing the County and its officers as additional insureds (except for workers’ compensation insurance) shall conform to all terms and conditions (including coverage of the indemnification and hold harmless agreement) contained in this Contract. 10. If the County shall so request, the Contractor will furnish the County for its inspection and approval such policies of insurance with all endorsements, or confirmed specimens thereof certified by the insurance company to be true and correct copies. Contractor shall be responsible and have the financial wherewithal to cover any deductibles or retentions included on the certificate of insurance. J. Georgia Laws Govern The laws of the State of Georgia shall govern the construction of this Contract without regard for conflicts of laws. Should any provision of this Contract require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party, by reason of the rule of construction, that a document is to be construed more strictly against the party who itself or through its agent prepared same; it being agreed that the agents of all parties have participated in the preparation hereof, and all parties have had an adequate opportunity to consult with legal counsel. In interpreting this Contract in its entirety, the printed provisions of this Contract, and any additions written or typed hereon, shall be given equal weight, and there shall be no inference by operation of law or otherwise; that any provision of this Contract shall be construed against either party hereto. K. Venue This Agreement shall be deemed to have been made and performed in DeKalb County, Georgia. For the purposes of venue, all suits or causes of action arising out of this Agreement shall be brought in the courts of DeKalb County, Georgia. L. Contractor and Subcontractor Evidence of Compliance; Federal Work Authorization Pursuant to O.C.G.A. §13-10-91, the County cannot enter into a contract for the physical performance of services unless the Contractor, its Subcontractor(s) and sub-subcontractor(s), as that term is defined by state law, register and participate in the Federal Work Authorization Program to verify specific information on all new employees. Contractor certifies that it has complied and will continue to comply throughout the Contract Term with O.C.G.A. §13-10-91 and any related and applicable Georgia Department of Labor Rule. Contractor agrees to sign an affidavit evidencing its compliance with O.C.G.A. §13-10-91. The signed affidavit is attached to this Contract as Attachment B. Contractor agrees that in the event it employs or contracts with any Subcontractor(s) in connection with this Contract, Contractor will secure from each Subcontractor an affidavit that certifies the Subcontractor’s current and continuing compliance with O.C.G.A. §13-10-91 throughout the Contract Term. Any signed Subcontractor affidavit(s) obtained in connection with this Contract shall be attached hereto as Attachment C. Each Subcontractor agrees that in the event it employs or contracts with any sub- subcontractor(s), each Subcontractor will secure from each sub-subcontractor an affidavit that certifies the sub-subcontractor’s current and continuing compliance with O.C.G.A. §13-10-91 throughout the Contract Term. Any signed sub-subcontractor affidavit(s) obtained in connection with this Contract shall be attached hereto as Attachment D. M. County Representative The County may designate a representative through whom the Contractor will contact the County. In the event of such designation, said representative shall be consulted and his written recommendation obtained before any request for extra work is presented to the County. Payments to the Contractor shall be made only upon itemized bill submitted to and approved by said representative. N. Contrac