CITY OF ATLANTA
HARTSFIELD-JACKSON ATLANTA INTERNATIONAL AIRPORT
REQUEST FOR PROPOSALS
FC-9621, SMALL ARCHITECTURAL AND ENGINEERING
DESIGN SERVICES
ROOSEVELT COUNCIL, JR.
AVIATION GENERAL MANAGER
DEPARTMENT OF AVIATION
ANGELA M. HINTON
INTERIM CHIEF PROCUREMENT OFFICER
DEPARTMENT OF PROCUREMENT
City of Atlanta, Hartsfield-Jackson Atlanta International Airport FC-9621, Small A&E Design Services at H-JAIA
TABLE OF CONTENTS
TABLE OF CONTENTS
1. PART 1: INFORMATION AND INSTRUCTIONS TO PROPONENTS
2. PART 2: CONTENTS OF PROPOSALS/REQUIRED SUBMITTALS
3. PART 3: EVALUATION OF PROPOSALS
4. PART 4: SUBMITTAL FORMS
Form 1: Illegal Immigration Reform and Enforcement Act Forms
Form 2: Contractor Disclosure Form
Form 3: Non-Applicable for this RFP
Form 4: Proponent Financial Disclosure Form
Form 5: Acknowledgment of Insurance and Bonding Requirements
Form 6: Non-Applicable for this RFP
Form 7: Acknowledgement of Addenda
Form 8: Proponent’s Contact Directory
Form 9: Client List
5. PART 5: FORM OF SERVICES AGREEMENT
Exhibit A: General Scope of Services
Exhibit A.1: Compensation
Exhibit A.2: Base Employee Classification/Fully Burdened Hourly Billing Rates
Exhibit B: City Council Authorizing Resolution
Exhibit C: Definitions
Exhibit D: Insurance and Bonding Requirements
Exhibit E: Dispute Resolution
Exhibit F: Airport Access, Security and Safety Measures
Appendix A: Office of Contract Compliance Requirements and Forms
Appendix B: Illegal Immigration Reform and Enforcement Act Affidavits
City of Atlanta, Hartsfield-Jackson Atlanta International Airport FC-9621, Small A&E Design Services at H-JAIA
PART 1: INFORMATION AND
INSTRUCTIONS TO
PROPONENTS
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Part 1; Information and Instructions to Proponents
This Request for Proposals (“RFP”) is being solicited by the City of Atlanta (“City”) on behalf of
the Department of Aviation (“DOA”) from qualified Proponents (“Proponents”) and seeks to
procure the Services (as hereinafter defined):
1. Services Being Procured: DOA seeks to procure the following services (“Services”):
Professional Architectural and Engineering Design Services for the implementation and
execution of those projects to be identified in the department current plan and other
projects as assigned by the Department of Aviation (DOA) (the “Program"), Bureau of
Planning and Development (P&D). The firms’ annual gross revenue should not exceed $15
million as defined by the City of Atlanta’s Small Business Opportunity (SBO) Sheltered
Market Program, Ordinance No. 209-78 (09-O-1876). All services provided by Consultant
will be accomplished in accordance with the City and DOA’s P & D Policies and Procedures.
The initial term of this RFP will be for three (3) years, with one (1) optional two (2) year
renewal, each to be exercised at the sole discretion of the City.
A more detailed Scope of Services sought in this procurement is set forth in Exhibit A –
Services attached to the Services Agreement (“Services Agreement”); Services Agreement
No. 9621 – Small Architectural and Engineering Design Services at Hartsfield-Jackson
Atlanta International Airport (H-JAIA), included in this RFP at Part 5.1
2. Anticipated representative projects that may be the subject of a Task Order include, but
may not be limited to:
2.1. Pavement Replacements;
2.2. Fire Stations;
2.3. Airport Signage;
2.4. Airside/Landside Pavement Repairs; and
2.5. Miscellaneous Facilities projects.
3. General Summary of Task Order Process: All services will be performed in accordance with
the Contract, if awarded, and any Task Order issued under it. The City will select a total of
three (3) firms, one (1) of the firm will be selected for (civil) discipline design projects and
two (2) firms will be selected for building (vertical) design projects.
The award of a Contract pursuant to this RFP does not guarantee that any Task Orders will
be issued under that Contract. Task Orders will be issued on an as-needed basis; no
minimum amount of Services is guaranteed to any Proponent receiving an award of a
Contract pursuant to this RFP.
1 All capitalized terms contained in the Services Agreement are incorporated into this RFP.
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4. Method of Source Selection: This procurement is being conducted in accordance with all
applicable provisions of the City of Atlanta’s Code of Ordinances (“Code”), including its
Procurement and Real Estate Code. The particular method of source selection for the
Services sought in this RFP is Code Section 2-1193; Competitive Selection Procedures for
Professional and Consultant Services. By submitting a Proposal concerning this
procurement, a Proponent acknowledges that it is familiar with all laws applicable to this
procurement, including, but not limited to, the Code and City Charter, which laws are
incorporated into this RFP by reference.
The City will evaluate the written proposals and will determine which Proponent is best
qualified to perform the work based on the evaluation criteria described in Part II & Part III
of this RFP. A thorough investigation will be made into each firm’s qualifications and past
performance on similar projects. Our emphasis will be on Proponent’s proposal, past
performance and references of each firm and not on company brochures or literature.
Oral interviews/presentations will be conducted with Proponents in accordance with
City’s Code of Ordinances and other Applicable Law.
5. Minimum Qualifications; Eligibility to Propose; Authority to Transact Business in Georgia:
5.1 Proponents must be able to demonstrate successful experience providing similar
services to other airports, municipalities, or similar entities.
5.2 Proponent(s) must have key staff members who have architect/engineer licenses in
the appropriate disciplines and must be registered in the State of Georgia.
5.3 Joint venture members of the listed prime consultant(s) will not be permitted to
perform services associated with this solicitation. This will include, but not be limited
to the following Contracts:
5.3.1 Joint Venture members of the prime consultant(s) on the City’s contract FC-
7744 – Program Management Support Services (PMSS).
5.3.2 The successful Joint Venture members of the prime consultant(s) on the
City’s contract FC-8640 – Construction Management Support Services
(CMSS).
5.3.3 The successful Joint Venture members of the prime consultant(s) on the
City’s contract FC-9000 – Planning Support Services.
5.4 Each Proponent must submit with its Proposal documentation that demonstrates it is
duly authorized to conduct business in the State of Georgia.
6. No Offer by City; Firm Offer by Proponent: This procurement does not constitute an offer
by City to enter into a Services Agreement and cannot be accepted by any Proponent to
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form a Services Agreement. This procurement is only an invitation for offers from
interested Proponents and no offer shall bind the City. A Proponent’s offer is a firm offer
and may not be withdrawn except under the rules specified in the City’s Code of Ordinances
and other Applicable Law.
7. Proposal Deadline: Your response to this RFP must be received by the City’s Department
of Procurement, 55 Trinity Avenue, S.W., City Hall South, Suite 1900, Atlanta, Georgia
30303-0307 no later than 2:00 p.m., EST (as verified by the Bureau of National Standards)
on Wednesday, June 14, 2017. Any Proposal received after this time will not be considered
and will be rejected and returned.
8. Pre-Proposal Conference: Each Proponent is strongly encouraged to attend the Pre-
Proposal Conference scheduled for Wednesday, May 10, 2017, at 2:00 P.M., at City of
Atlanta’s Technical Support Campus, 1255 South Loop Road, College Park, GA 30337. Each
Proponent must be fully informed regarding all existing and expected conditions and
matters which might affect the cost or performance of the Services.
9. Procurement Questions; Prohibited Contacts: Any questions regarding this RFP shall be
submitted in writing to the City’s contact person, Jessica A. Boston, Contracting Officer,
Department of Procurement, 55 Trinity Avenue, SW, Suite 1900, Atlanta, Georgia 30303-
0307, by e-mail jaboston@atlantaga.gov, on or before Friday, May 12, 2017. Questions
received after the designated period will not be considered. Any response made by the
City will be provided in writing to all Proponents by Addendum. It is the responsibility of
each Proponent to obtain a copy of any Addendum issued for this procurement by
monitoring the City’ website at www.atlantaga.gov and its Department of Procurement’s
Plan Room, which is open during posted business hours, Suite 1900, 1st Floor, 55 Trinity
Avenue, S.W., City Hall South, Atlanta, Georgia 30303. No Proponent may rely on any
verbal response to any question submitted concerning this RFP. All Proponents and
representatives of any Proponent are strictly prohibited from contacting any other City
employees or any third-party representatives of the City on any matter having to do with
this RFP. All communications by any Proponent concerning this RFP must be made to the
City’s contact person, or any other City representatives designated by the Chief
Procurement Officer in writing.
10. Ownership of Proposals: By submitting a Proposal, each Proponent acknowledge and
agrees that its Proposal submitted to the City will become the property of the City, without
compensation to a Proponent, for the City’s use, in its discretion.
11. Insurance Requirements: The Insurance requirements for any Services Agreement that
may be awarded pursuant to this RFP are set forth in Exhibit D: Insurance Requirements
attached to the Services Agreement included in this RFP.
12. Applicable City OCC Programs: The City’s OCC Programs applicable to this procurement
are set forth in Appendix A: Office of Contract Compliance Submittals, attached to the
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Services Agreement included in this RFP. By submitting a Proposal in response to this
procurement, each Proponent agrees to comply with such applicable OCC Programs.
13. Evaluation of Financial Information: The City’s evaluation of financial information
concerning a Proponent and its consideration of such information in determining whether
a Proponent is responsive and responsible may involve a review of several items of
information required to be included in a Proposal. City will review the information
included in Form 4: Proponent Financial Disclosure Form attached to this RFP and any
additional information required on that form to be included in a Proposal. Further, if this
RFP requires the provision of an Insurance Certificate of Accord and Endorsement, if a
Services Agreement is awarded, the City will review the information included in Exhibit D:
Insurance Requirements. A Proponent must include with that form (a) notarized letter(s)
from its proposed insurer(s indicating that the financial capacity of the Proponent is such
that the insurer(s is/are willing to issue insurance for the Proponent if a Services
Agreement is awarded to it. Further, if this RFP requires a successful Proponent that is
awarded an Services Agreement pursuant to this procurement to post some other type of
performance guarantee (e.g. letter of credit, guaranty Services Agreement, etc.), a
Proponent must submit with its Proposal a notarized letter from an appropriate financial
institution (e.g. bank) indicating that it is willing to issue such performance guarantee for
the Proponent if a Services Agreement is awarded to it.
14. Special Rules Applicable to Evaluation of Proposals: A Proponent may be required to
submit, in writing, the addresses of any proposed subconsultants listed in the Proposal and
to submit other material information relative to proposed subconsultants. City reserves
the right to disapprove any proposed subconsultants whose technical or financial ability or
resources or whose experience are deemed inadequate.
15. Examination of Proposal Documents:
15.1. Each Proponent is responsible for examining with appropriate care the complete
RFP and all Addenda and for informing itself with respect to all conditions which
might in any way affect the cost or the performance of any Services. Failure to
do so will be at the sole risk of the Proponent, who is deemed to have included
all costs for performance of the Services in its Proposal.
15.2. Each Proponent shall promptly notify the City on or before 5:00 p.m. [EST],
Friday, May 12, 2017, in writing should the Proponent find discrepancies, errors,
ambiguities or omissions in the Proposal Documents, or should the City’s intent
or meaning appear unclear or ambiguous, or should any other question arise
relative to the RFP. Replies to such notices may be made in the form of an
Addendum to the RFP, which will be issued simultaneously to all potential
Proponents who have obtained the RFP from the City.
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15.3. The City may in accordance with Applicable Law, by Addendum, modify any
provision or part of this RFP at any time prior to the Proposal due date and time.
The Proponent shall not rely on oral clarifications to the RFP unless they are
confirmed in writing by the City in an issued Addendum.
15.4. Each Proponent must confirm Addenda have been received and acknowledge
receipt by executing Form 7: Acknowledgment of Addenda attached to this RFP
at Part 4.
16. Rejection of Proposals; Cancellation of Solicitation: Waiver of Technicalities: The City
reserves the right to reject any Proposal or all Proposals or to waive any technical defect in
a Proposal. The City also may cancel this procurement at any time in accordance with the
City of Atlanta Code of Ordinances.
17. Award of Services Agreement; Execution: If the City awards a Services Agreement
pursuant to this procurement, the City will prepare and forward to the successful
Proponent a Services Agreement for execution substantially in the form included in this
RFP.
18. Illegal Immigration Reform and Enforcement Act: This RFP is subject to the Illegal
Immigration Reform and Enforcement Act of 2011 (“Act”). IIREA was formerly known as
the Georgia Security and Immigration Compliance Act or GSICA. Pursuant to Act, the
Proponent must provide with its Proposal proof of its registration with and continuing and
future participation in the E-Verify Program established by the United States Department
of Homeland Security. A completed Contractor Affidavit, set forth in Part 4: Form 1; Illegal
Immigration Reform and Enforcement Act Forms, must be submitted on the top of
Volume 1 of the Proposal at the time of submission, prior to the time for opening the
Proposal. Under state law, the City cannot consider any Proposal which does not include
completed forms. Where the business structure of a Proponent is such that Proponent is
required to obtain an Employer Identification Number (EIN) from the Internal Revenue
Service, Proponent must complete the Contractor Affidavit on behalf of, and provide a
Federal Work Authorization User ID Number issued to, the Proponent itself. Where the
business structure of a Proponent does not require it to obtain an EIN, each entity
comprising Proponent must submit a separate Contractor Affidavit. It is not the intent of
this notice to provide detailed information or legal advice concerning the Act. All
Proponents intending to do business with the City are responsible for independently
apprising themselves of and complying with the requirements of the Act and assessing its
effect on City procurements and their participation in those procurements. For additional
information on the E-Verify program or to enroll in the program, go to: https://everify.
uscis.gov/enroll. Additional information on completing and submitting the
Contractor Affidavit precedes the Affidavit at Part 4: Form 1.
19. Eligibility to Perform Future Services: Neither the successful Proponent nor any of its
constituent member firms is eligible to perform construction services for which the
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Proponent has performed design services. Any subconsultants or subcontractors hired by
the successful Proponent may perform other services as determined by the City.
Subconsultants/subcontractors are required to submit a written request to the Assistant
General Manager of Planning and Development or designee in order to receive the
determination.
20. Gratuities and Kickbacks. In accordance with the City of Atlanta’s Code of Ordinances,
Section 2-1484, as may be amended, it shall be unethical for any person to offer, give or
agree to give any employee or former employee or for any employee or former employee
to solicit, demand, accept or agree to accept from another person a gratuity or an offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation or any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering of advice, investigation,
auditing or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy or other particular matter pertaining to any
program requirement or a contract or subcontract or to any solicitation or proposal
therefore. Additionally, it shall be unethical for any payment, gratuity or offer of
employment to be made by or on behalf of a subcontractor under a contract to the prime
contractor or higher tier subcontractor or any person associated therewith as an
inducement for the award of a subcontract or order.
21. Fraud and Misrepresentation. Any written or oral information provided by Consultant,
directly or indirectly related to the performance of the services required by this
Agreement, constitutes material representations upon which the City relies for the
requirements of the Agreement and compliance with local, state and federal laws, rules
and regulations. Consultant agrees to notify the City immediately of any information
provided to the City that it knows and/or believes to be false and/or erroneous and
immediately provide correct information to the City and take corrective action. Consultant
further agrees to notify the City immediately of any actions or information that it believes
would constitute fraud or misrepresentation to the City in performance of this Agreement,
whether or not such information actually constitutes fraud and/or misrepresentations, by
contacting the Integrity Line 1-800-884-0911. Consultant agrees to place signage provided
by the City regarding the Integrity Line at the location to which Consultant’s employees
report to perform the services required by this Agreement. Consultant acknowledges and
agrees that a finding of fraud or other impropriety on the part of the Consultant or any of
its subconsultants may result in suspension or debarment of the Consultant and the City
may pursue any other actions or remedies that the City may deem appropriate. Consultant
agrees to include this clause in its subcontracts and take appropriate measures to ensure
compliance with this provision.
22. Georgia Open Records Act. Information provided to the City is subject to disclosure under
the Georgia Open Records Act (“GORA”). Pursuant to O.C.G.A. § 50-18-72(a)(34), “[a]n
entity submitting records containing trade secrets that wishes to keep such records
confidential under this paragraph shall submit and attach to the records an affidavit
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affirmatively declaring that specific information in the records constitute trade secrets
pursuant to Article 27 of Chapter 1 of Title 10 [O.C.G.A. § 10-1-760 et seq.].”
23. Representation. By submitting a proposal to the City, Proponent acknowledges and
represents that: (a) the accompanying proposal is made by a person or business entity (i.e.,
firm) that is neither a high cost lender nor a predatory lender, nor is the Proponent an
affiliate of a high cost lender or a predatory lender, as defined by Code Section 58-102; (b)
it has read all of the RFP documents (including, without limitation, the Service Agreement)
and acknowledges that Proponent shall be bound by the terms and conditions stated
therein; (c) the signatory to the proposal is the Proponent (or Proponent’s duly authorized
agent or employee of the Proponent with the authority to bind Proponent hereto); (d) any
information or disclosure provided on Form 4, are accurate representations up to and
including the date Proponent submitted its proposal to the City; (e) the City will not agree
to make any substantive revisions to the Service Agreement; and (f) it agrees that it will
voluntarily notify the City immediately if any information or disclosure provided to the City
during any part of this procurement process changes, is no longer accurate or would be
misleading in any way.
24. Electronic Proposal Documents. This RFP is being made available to all Proponents by
electronic means. By responding to this RFP, Proponent acknowledges and accepts full
responsibility to ensure that it is responding to the correct form of RFP, including any
addenda issued by the City’s Department of Procurement. Proponent acknowledges and
agrees that in the event of a conflict between the RFP in the Proponent’s possession and
the version maintained by the Department of Procurement, the version maintained by the
City’s Department of Procurement shall govern. The RFP document is available at
www.atlantaga.gov.
25. Title VI Solicitation Notice. The City of Atlanta, in accordance with the provisions of Title
VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the
Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and will not
be discriminated against on the grounds of race, color, or national origin in consideration
for an award.
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City of Atlanta, Hartsfield-Jackson Atlanta International Airport FC-9621, Small A&E Design Services at H-JAIA
PART 2: CONTENTS OF
PROPOSALS/REQUIRED
SUBMITTALS
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Part 2; Contents of Proposals/Required Submittals
1. General Contents of Proposals: A Proponent must submit a complete Proposal in response
to this RFP in the format specified in this RFP; no other format will be considered. A
Proposal will consist of two (2) separate documents:
1.1. Informational Proposal two (2) Volumes; and
1.2. Employee Classifications / Actual Billing Rates (Form provided by City at Part 5: Services
Agreement: Exhibit A.2). Employee Classifications / Actual Billing Rates will become
part of the Services Agreement attached to this RFP following negotiations, if a Services
Agreement is awarded pursuant to this procurement. The intent of Exhibit A.2 is to set
forth the negotiated agreement between the successful Proponent, if any, and City
concerning the employee classifications required to provide Services under the Services
Agreement and the billing rates applicable to actual Services provided by such
employees.
2. Informational Proposal Volume I: The information drafted and submitted by Proponent in
response to this RFP, which must be set forth in and include each of the following parts:
2.1. Executive Summary: Cover Letter: The cover letter must include a letter with the
Proponent’s name, address, telephone number and fax number, signed by a person
authorized to act on behalf of the Proponent. The letter shall also include the name,
title, address, e-mail address, telephone number and fax number of the person signing
the letter and the name, title, address, e-mail address, telephone number and fax
number of one (1) contact person to whom all future correspondence and/or
communications may be directed by the City concerning this procurement, if that
person is different from the person executing the letter. The letter must include a
narrative statement of the Proponent’s approach to providing the services solicited in
this RFP.
2.2. Detailed Executive Summary: The purpose of the Detailed Executive Summary is to
provide an overview of the Proponent’s qualifications to accomplish the project. The
Detailed Executive Summary must contain the following information:
2.2.1. Complete legal name of the Proponent and the name of the legal entities that
comprise the Proponent. The Proponent must provide the domicile where each
entity comprising it is organized, including entity name, brief history of the
entity, contact name, address, phone number, and facsimile number, as well as
the legal structure of the entity and a listing of major satellite offices;
2.2.2. The general and specific capabilities and experience of the Proponent’s Team.
Each Proponent must identify examples where team members have worked
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together to complete a project and discuss how the team was formed and how
the team will function as an integrated unit in providing services to the City;
2.2.3. A description of the Proponent’s plan for complying with the City’s Small
Business Enterprise Sheltered Market (SBE-SM) goals. This section shall include
detailed information regarding the essential subcontractors/subconsultants the
Proponent intends to use and shall indicate the role and responsibilities these
firms will be assigned. Each Proponent must provide a letter from each essential
subcontractor/subconsultant indicating that the firm concurs with the role and
responsibility Proponent has described; and
2.2.4. A declarative statement as to whether the Proponent or any member of the
Proponent team has an open dispute with the City or is involved in any litigation
associated with work in progress or completed in both the private and public
sector during the past five (5) years.
2.3. Organizational Structure / Chart. The Proponent’s Organizational Structure Section of
the Proposal shall introduce the proposed Proponent team by:
2.3.1. Providing the Proponent’s Management Organizational Chart both graphically
and in narrative format. The Organizational Chart and narrative shall provide a
description of the Proponents’ views on how it will organizationally provide the
Services, as well as depict the relationship of its key personnel to that of the
Principal-in-Charge and other key members of the management team.
2.3.2. Providing a description of how this Organizational Structure will facilitate
managing the Services requested and how an efficient flow of information will
be realized from the Organizational Structure to ensure all products are fully
coordinated within the organization when provided.
2.3.3. Providing the names of proposed candidates for each major function on the
chart.
2.3.4. Providing a narrative description of the role assigned to all proposed
subconsultants.
2.3.5. Describing the capacity of the Team to complete design tasks, including the
amount of resources that will be dedicated to Projects as they arise.
2.3.6. Proximity to ATL: Describe the Proponent team’s current ability to effectively
and conveniently perform the Scope of Services and to coordinate its efforts
with the City and its other consultants. List office addresses and total number of
employees, and the number of both professional and support employees located
at those offices. Also, list Proponent geographical location of the office that will
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be primarily responsible for assigned projects and where the work will be
accomplished. Local/metro Atlanta area for all services is most desired.
2.4. Overall Experience, Qualifications and Performance of the Prime Firms.
2.4.1. Describe the Proponent’s experience and qualifications in architectural and
engineering design services as widely described in the Scope of Services and as
may be more fully described in a Task Order. Proponent must provide a narrative
description of six (6) projects demonstrating capability and qualifications in all
areas identified below and each project should encompass a combination of
several of the areas of expertise:
ARCHITECTURAL (FACILITIES) DISCIPLINE PROPONENT
2.4.1.1. Provide airport terminal/concourse/facility (i.e. fire stations, cargo
buildings, hangars, etc.) design experience by the identified Team as a
group and by the individuals that make up the Team;
2.4.1.2. Provide specific airport specialty systems (i.e., baggage systems,
ticketing systems, automated people mover, security checkpoint
operations) by the identified Team as a group and by the individuals
that make up the Team;
2.4.1.3. Provide specific Team experience with developing projects that are to
be submitted for LEED® certification;
2.4.1.4. Provide experience in generating concept level cost estimate and
cost- benefit analysis;
2.4.1.5. Provide experience in landscape architect
2.4.1.6. Provide experience in Noise Insulation Program (NIP) in the following
areas:
2.4.1.7. Designing new architectural;
2.4.1.8. Pre and post Acoustic testing and reporting for eligible NIP properties;
2.4.1.9. Environmental testing, assessment and abatement plans for lead
based paint and asbestos containing materials;
2.4.1.10. Existing conditions property assessments;
2.4.1.11. Design and specification preparation for each eligible structure,
including architectural, electrical, mechanical, structural, indoor air
quality, insulation, venting and other disciplines as required; and
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2.4.1.12. Proponent(s) must have key staff members who have
architect/engineer licenses in the appropriate disciplines and must be
registered in the State of Georgia.
ENGINEERING (CIVIL) DISCIPLINE PROPONENT
2.4.1.13. Provide specific experience in concrete pavement for airfield ramp,
taxi-lane and taxiway design as a Firm and by individuals that make
up the Team;
2.4.1.14. Provide experience in aircraft lighting systems and NAVAIDS;
2.4.1.15. Provide experience in generating concept level cost estimate and
cost- benefit analysis;
2.4.1.16. Provide specific experience designing aircraft fueling system, deicing
facilities and fuel spill and storm water management systems both as
a Firm and by individuals that make up the Team;
2.4.1.17. Provide specific project experience in civil landside facilities, such as
roadways and parking in an airport environment; and
2.4.1.18. Proponent(s) must have key staff members who have engineering
license in civil engineering and must be registered in the State of
Georgia.
ALL PROPONENTS
2.4.1.19. Provide experience of completing design work initiated by others.
Give specific details of the project and the approach utilized by the
Team;
2.4.1.20. Provide Team and individual experience working with Federal and
other airport related agencies;
2.4.1.21. Provide specific design experience of project completion against
established Construction Cost Limitations;
2.4.1.22. Provide specific Team experience on projects that utilized an
accelerated approach to project implementation; and
2.4.1.23. Provide construction administration.
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2.5. Key Personnel Resumes:
2.5.1. Each key personnel shall have a minimum of ten (10) years’ experience in
architectural and/or engineering design services, with five (5) years specifically
on airport / aviation projects.
2.5.2. Identify and provide resumes for the Key Personnel that the team will use to fill
the following positions:
ARCHITECTURAL (FACILITIES) PROPONENT
2.5.2.1. Principal-in-Charge;
2.5.2.2. Project Manager;
2.5.2.3. Lead Architect;
2.5.2.4. Production Project Architect;
2.5.2.5. Project Engineer;
2.5.2.6. Chief Scheduler;
2.5.2.7. Chief Estimator;
2.5.2.8. Specifications Writer;
2.5.2.9. Contract Administrator;
2.5.2.10. Quality Control Coordinator; and
ENGINEERING (CIVIL) PROPONENT
2.5.2.11. Principal-in-Charge;
2.5.2.12. Project Manager;
2.5.2.13. Lead Civil Engineer;
2.5.2.14. Design Engineer(s);
2.5.2.15. Design Architect;
2.5.2.16. Chief Scheduler;
2.5.2.17. Chief Estimator;
2.5.2.18. Specifications Writer;
2.5.2.19. Contract Administrator; and
2.5.2.20. Quality Control Coordinator
2.5.3. Resumes must be organized as follows:
2.5.3.1. Name and Title;
2.5.3.2. Professional Background;
2.5.3.3. Current and Past Relevant Employment;
2.5.3.4. Education;
2.5.3.5. Architect/Professional Engineer License and Certifications;
14 | FC-9621, Small A&E Design Services at H-JAIA
2.5.3.6. List of relevant project(s), including:
2.5.3.6.1. Client Name;
2.5.3.6.2. Project description;
2.5.3.6.3. Role of the individual;
2.5.3.6.4. Project actual or expected completion date; and
2.5.3.6.5. Client List/Reference Contact.
2.5.4. Submission of these key names constitutes a commitment to use these
individuals if the Proponent is selected, and changes may be made only with the
prior written consent of the City. In the event there is a need to replace Key
Personnel during the course of the project, Proponent must describe its back-up
personnel plan. Proponent shall carefully balance experience and billing rate in
the selection of personnel to maximize value to the City.
2.6. Management Plan. Based on the Proponent’s Organizational Structure, describe how
the Proponent will manage the Services, specifically addressing the following:
2.6.1. Proponent’s approach to Team leadership. Describe how the Proponent will:
2.6.1.1. Ensure proper communication and coordination among pertinent joint
venture and project team members;
2.6.1.2. Assure that each project scope of work will be kept within the
established time and budget constraints;
2.6.1.3. Establish and maintain the necessary cooperative relationships;
2.6.1.4. Coordinate all necessary program activities within that team
relationship to ensure program deliverable is seamless;
2.6.1.5. Identify the tools that are intended to be used to manage the various
project elements; and
2.6.1.6. Proponent’s proposed method to:
2.6.1.6.1. Identify and resolve issues during the program duration;
and
2.6.1.6.2. Make critical decisions
2.6.2. Proponent may provide in this section additional bench strength that could be
available for projects and/or any additional information the Proponent considers
valuable in showing experience to provide the services that may be required.
15 | FC-9621, Small A&E Design Services at H-JAIA
2.7. Quality Control Approach. The selected Proponent will be responsible for ensuring that
the Work is accomplished in accordance with the DOA’s Design Policy and Procedures.
Proponent will be evaluated on its Design Quality Control Approach. For instance, did
the Proponent:
2.7.1. Describe how its design team will approach Design Quality Control, including
coordination of the design between the various disciplines, checking and
correcting design documents, design schedule control, validation of construction
schedule projections and design features enabling control of construction costs;
2.7.2. Describe its approach to Quality Control during design and construction of the
Project;
2.7.3. Describe how Proponent will organize multi-discipline response to Department
of Aviation (DOA) review comments;
2.7.4. Describe the authority of the Principal-in-Charge to achieve this process;
2.7.5. Describe the Proponent’s Corrective Action Plan;
2.7.6. Include a plan (approach and timeframe) for review and approval of initial
construction submittals (shop drawings product data, and samples, etc.), review
of revised submittals and review of Request for Information (RFI);
2.7.7. Plan for coordination with permitting agencies; and
2.7.8. Describe how the Proponent’s organizational structure supports this plan and
identify responsible and accountable parties.
3. Informational Proposal Volume II: (Information required by a Proponent on forms
provided by the City):
All respondents including all Joint Venture partners who have chosen to submit a Request
for Proposal in this procurement and will be listed as a prime contractor with the City of
Atlanta (the “City”) must fill out all forms in their entirety, signed, notarized or sealed
with your corporate seal (if needed).
If your intentions are for your company to be named as a Prime Contractor(s) with the
City, then your company must fill out all forms listed in this solicitation document;
otherwise your company may be deemed non-responsive. The required forms are as
follows:
16 | FC-9621, Small A&E Design Services at H-JAIA
3.1 Illegal Immigration Reform and Enforcement Act Affidavits. Each Proponent must
complete and submit a Contractor’s Affidavit, attached hereto at Form 1: Illegal
Immigration Reform and Enforcement Act Forms with its proposal. This RFP is subject
to the Illegal Immigration Reform and Enforcement Act of 2011 (“Act”). Pursuant to the
Act, the Proponent must provide with its proposal proof of its registration with and
continuing and future participation in the E-Verify Program established by the United
States Department of Homeland Security. Under state law, the City cannot consider any
proposal which does not include a completed Contractor’s Affidavit. It is not the intent
of this notice to provide detailed information or legal advice concerning the Act. All
Proponents intending to do business with the City are responsible for independently
apprising themselves of and complying with the requirements of the Act and assessing
its effect on City procurements and their participation in those procurements. For
additional information on the E-Verify program or to enroll in the program, go to
https://e-verify.uscis.gov/enroll.
3.2 Contractor Disclosure Form. Each Proponent must complete and submit Form 2:
Contractor Disclosure Form with its proposal.
3.2.1. If the Proponent is an individual, then that individual must complete and sign the
Contractor Disclosure (Form 2) where indicated.
3.2.2. If the Proponent is a partnership (including but not limited to, joint venture
partnership), then each partner in the partnership must complete and sign a
separate Contractor Disclosure (Form 2) where indicated.
3.2.3. If the Proponent is a legal entity (e.g., corporation, limited liability company),
then an authorized representative of that entity must complete and sign the
Contractor Disclosure (Form 2) where indicated.
3.2.4. If the Proponent is a newly formed entity (formed within the last three years),
then an authorized representative of that entity must complete and sign the
Contractor Disclosure (Form 2) where indicated, and each of the members or
owners of the entity must also complete and sign separate Contractor Disclosure
Form where indicated.
3.3. Proponent’s Financial Disclosure. Each Proponent must complete and submit Form
4: Proponent Financial Disclosures with its proposal. The City’s evaluation of financial
information concerning a Proponent and its consideration of such information in
determining whether a Proponent is responsive and responsible may involve a review
of several items of information required to be included in a proposal. City will review
the information included in Form 4 attached hereto and any additional information
required on that form to be included in a proposal. Failure to accurately report
financial information shall be grounds for disqualification of Proponent or termination
of any Agreement resulting from this solicitation. In addition, Proponent must provide
evidence of its ability to submit the Performance Guarantee, including (a) notarized
17 | FC-9621, Small A&E Design Services at H-JAIA
letter(s) from Proponent’s proposed insurer(s) and surety(ies) indicating that the
financial capacity of the Proponent is such that the insurer(s)/surety(ies) is/are willing
to issue insurance and Payment and Performance Bonds for the Proponent if a Contract
is awarded to it. Further, if this RFP requires a successful Proponent that is awarded a
Contract pursuant to this procurement to post some other type of performance
guarantee (e.g. letter of credit, guaranty agreement, etc.), a Proponent must submit
with its Proposal a notarized letter from an appropriate financial institution (e.g. bank)
indicating that it is willing to issue such performance guarantee for the Proponent if a
Contract is awarded to it.
3.3.1 If the Proponent is an individual, financial disclosures for that individual must be
provided.
3.3.2 If the Proponent is an entity or partnership, financial disclosures for that entity
or partnership must be provided.
3.3.3 If the Proponent is a newly formed entity or partnership (formed within the last
three years), financial disclosures for that entity or partnership must be provided
together with full financial disclosure from the entity’s or partnership’s owners.
Financial Disclosure includes a full response to all questions and requests for
documentation listed in this Form.
3.4 Acknowledgment of Insurance and Bonding Requirements. Each Proponent must
complete and submit Form 5: Acknowledgement of Insurance and Bonding
Requirements with its Proposal. The insurance and bonding requirements for any
agreement that the City may award pursuant to this RFP are set forth in Exhibit D:
Insurance and Bonding Requirements.
3.5 Acknowledgment of Addenda. Each Respondent must complete and submit an
acknowledgement with its proposal that it has received all Addenda issued by the City
for this RFP. Form 7: Acknowledgement of Addenda has been included and may be
used to satisfy this requirement.
3.5.1 An authorized representative of the entity must complete and sign this
Acknowledgment of Addenda where indicated.
3.6 Proponent’s Contact Directory. Each Proponent must complete and submit Form 8:
Proponent’s Contact Directory with its proposal to include the names, positions/titles,
firms, mailing addresses, phone and fax numbers and (when possible) e-mail addresses
for at least two individuals, one (1) primary and one (1) secondary, who are authorized
to represent Respondent for purposes of this RFP and to whom notices regarding the
Respondent’s qualification may be sent.
3.7 List of Clients. Each Proponent must complete and submit at least three (3) current
client references, including at least one (1) airport client reference, that are able to
18 | FC-9621, Small A&E Design Services at H-JAIA
attest to the Proponent’s performance, ability and credibility. A separate Form 9 is
required for each reference.
3.7.1 An authorized representative of the entity must complete this form where
indicated.
3.8 OCC Programs. This criterion is based upon the responsiveness of a Proponent’s
Small Business Enterprises – Sheltered Market (SBE-SM), the requirement of which is
described in Appendix A to the Agreement. This criterion is not scored on a sliding
scale. Responsive Proponents will receive a score of 15 points. Proponents who fail to
evidence a compliant SBE-SM program shall be deemed non-responsive.
4. Employee Classifications/Actual Billing Rates Volume III. Each Proponent must submit a
list of billing rates in a separate sealed envelope using the form provided by the City at Part
5: Services Agreement: Exhibit A.2: Employee Classifications / Actual Billing Rates for the
identified key persons. The Billing Rates must support the Scope of Services contained in
the RFP and fully encompass all activities in the Proponent’s Proposal. The billing rate is
not a factor in the selection criteria and, therefore, will not be used in evaluating the
Proposals or determining the successful Proponent.
5. Submission of Proposals:
5.1. Proposals shall be signed by hand by a principal of the Proponent with the authority
to enter into an agreement with the City. Joint ventures or partnerships must
designate one joint venture member/partner to represent the joint venture or
partnership, respectively, with the authority to submit and execute a proposal as well
as enter into an agreement with the City. Each Proponent is responsible for the
preparation of its proposal and for the costs associated therewith.
5.2 Each Proponent is required to submit one (1) original and seven (7) copies of Volume
I. The original should be clearly marked “Original,” and should contain original
signature(s). Additionally, each Proponent is required to submit one (1) Original and
five (5) copies of Volume II of its proposal. Each proposal must be submitted on 8½”
x 11” single-sided, double-spaced, typed pages, using 12–point font size and such
pages must be inserted in a standard three-hole ring binder. Each proposal must
contain an index and separate sections for the information requirements set forth in
this RFP, as well as for the forms required to be submitted.
19 | FC-9621, Small A&E Design Services at H-JAIA
5.2. A Proposal must be submitted in sealed envelope(s) or package(s) and the outside of
the envelope(s) or package(s) must clearly identify the name of the project: FC-9621;
Small Architectural and Engineering Design Services at Hartsfield-Jackson Atlanta
International Airport.
5.3. All Proposals must be submitted to:
Angela M. Hinton
Interim Chief Procurement Officer
Department of Procurement
55 Trinity Avenue, S.W.
City Hall South, Suite 1900
Atlanta, Georgia 30303-0307
Re: Project Number FC-9621
5.4. Proponent’s names will be read at 2:00 P.M. [EST] on Wednesday, June 14, 2017, in
the Department of Procurement’s Bid Conference Room, 55 Trinity Avenue, S.W.,
Suite 1900, City Hall, Atlanta, Georgia 30303-0307.
20 | FC-9621, Small A&E Design Services at H-JAIA
6. Submittals: The following submittals must be completed and submitted with each Proposal.
Item
#
Required Proposal Submittal
Check Sheet2
Check (√)
VOLUME 1
1. Executive Summary
2. Organization Structure
3. Overall Experience, Qualifications and Performance of the
Prime Firms
4. Key Personnel
5. Management Plan
6. Quality Control Approach
VOLUME II
1. Form 1: Illegal Immigration Reform and Enforcement Act
Forms
2. Form 2: Contractor Disclosure Form
3. Form 3: Non-Applicable N/A
4. Form 4: Proponent Financial Disclosure Form
5. Form 5: Acknowledgement of Insurance and Bonding
Requirements
6. Form 6: Non-Applicable for this RFP N/A
7. Form 7: Acknowledgement of Addenda
8. Form 8: Proponent’s Contact Directory
9. Form 9: Client List
10. Appendix A: City’s Office of Contract Compliance Submittals
VOLUME III
1. Exhibit A.2: Employee Classifications / Actual Billing Rates
(Must be submitted in a separate sealed envelope)
2 This table is included solely for Proponent’s convenience and may be used to track the preparation and submittal
of certain required information with its Proposal. If any of the required submittal documents are not submitted or
incomplete within your submittal package, your firm may be deemed non-responsive.
21 | FC-9621, Small A&E Design Services at H-JAIA
PART 3: EVALUATION OF
PROPOSALS
22 | FC-9621, Small A&E Design Services at H-JAIA
Part 3; Evaluation of Proposals
An Evaluation Committee will review and evaluate the Proposals in accordance with the City’s
Code of Ordinances, the criteria specified on the Evaluation Form and considering the
information required to be submitted pursuant to the RFP. All Proposals will be evaluated using
the following Evaluation Form:
EVALUATION FORM
CATEGORIES
CATEGORY
SCORE
RELATIVE
WEIGHT
TOTAL
CATEGORY
SCORE
Executive Summary 5
Organizational Structure 5
Overall Experience, Qualifications and Performance of the
Prime Firm
20
Key Personnel 20
Management Plan 10
Quality Control Approach 15
OCC Programs 15
Financial Capability 10
TOTAL SCORE
For purposes of evaluating all of the Proposals received by the City, the City will assess a score
between one (1) and ten (10) for each Category noted above. The Total Category Score is
calculated by multiplying the Category Score and the assigned Relative Weight (i.e., Category
Score x Relative Weight = Total Category Score). The Total Score is calculated by adding each
Total Category Score together. The result of the calculation of the Total Score will be used to
determine which Proponent has received the highest Total Score.
23 | FC-9621, Small A&E Design Services at H-JAIA
City of Atlanta, Hartsfield-Jackson Atlanta International Airport FC-9621, Small A&E Design Services at H-JAIA
PART 4: SUBMITTAL FORMS
All Respondents, including, but not limited to, corporate
entities, limited liability companies, joint ventures,
or partnerships, that submit a Proposal or Bid in
response to this solicitation must fill out all forms in
their entirety, and all forms must be signed, notarized
or sealed with the corporate seal (if applicable), as
required per each form’s instructions.
If Respondent intends to be named as a Prime
Contractor(s) with the City, then Respondent must fill
out all the forms listed in this solicitation document;
otherwise, Respondent may be deemed nonresponsive.
24 | FC-9621, Small A&E Design Services at H-JAIA
FORM 1
Illegal Immigration Reform and Enforcement Act Forms
INSTRUCTIONS TO RESPONDENTS
All Respondents must comply with the Illegal Immigration Reform and Enforcement Act of 2011,
O.G.G.A § 13-10-90, et seq. (“IIREA”). Respondents must familiarize themselves with IIREA and are
solely responsible for ensuring their compliance therewith. Respondents may not rely on these
instructions for that purpose. These instructions are offered only as a convenience to assist
Respondents in complying with the requirements of the City’s procurement process and the terms of
this solicitation document.
1. The attached Contractor Affidavit must be filled out COMPLETELY and submitted with the
respondent’s submission prior to the due date.
2. The Contractor Affidavit must contain an active Federal Work Authorization Program (“EVerify”)
User ID Number and Date of Registration.
3. Where the business structure of a Respondent is such that Respondent is required to obtain an
Employer Identification Number (“EIN”) from the Internal Revenue Service, Respondent must complete
the Contractor Affidavit on behalf of, and provide a Federal Work Authorization User ID Number issued
to, the Respondent itself (see Example 1 below). Where the business structure of a Respondent does
not require it to obtain an EIN, each entity comprising Respondent must submit a separate Contractor
Affidavit (see Example 2 below).
Example 1, ABC, Inc. and XYZ, Inc. form and submit a response as Happy Day, LLC. Happy Day,
LLC must enroll in the E-verify program and submit a single Contractor Affidavit in the name of Happy
Day, LLC which includes the Federal Work Authorization User ID Number issued to Happy Day, LLC.
Example 2, ABC, Inc. and XYZ, Inc. execute a joint venture agreement and submit a response
under the name Happy Day, JV. If based on the nature of the JV agreement, Happy Day, JV is not
required to obtain an EIN from the IRS, then the response submitted by Happy Day, JV must include
both a Contractor Affidavit for ABC, Inc. and a Contractor Affidavit for XYZ, Inc.
4. All Contractor Affidavits must be executed by an authorized representative of the entity named
in the Affidavit.
5. All Contractor Affidavits must be notarized.
6. All Contractor Affidavits must be submitted with the Respondent’s response to the solicitation
document.
7. Subcontractor and sub-subcontractor affidavits are not required at the time of response
submission, but will be required at contract execution or in accordance with the timelines set forth in
IIREA.
25 | FC-9621, Small A&E Design Services at H-JAIA
FORM 1
Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1)
By executing this Contractor 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 the City of Atlanta has registered with, is authorized to use and
uses the federal work authorization program commonly known as E-Verify, or any subsequent
replacement program, in accordance with the applicable provisions and deadlines established in
O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work
authorization program throughout the contract period and the undersigned contractor will contract for
physical performance of services in satisfaction of such contract only with subcontractors who present
an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor
hereby attests that its federal work authorization user identification number and date of authorization
are as follows:
Federal Work Authorization User Identification Number Date of Authorization
Name of Contractor:
Name of Project:
Name of Public Employer: City of Atlanta
I hereby declare under penalty of perjury that the forgoing is true and correct.
Executed on _________, ____, 20__ in _________________ (city), __________ (state)
________________________________________________
Signature of Authorized Officer or Agent
_________________________________________________
Printed name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE
ME ON THIS THE ___, DAY OF ________, 201______
_________________________________________
NOTARY PUBLIC
My Commission Expires:
26 | FC-9621, Small A&E Design Services at H-JAIA
FORM 1
Subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(3)
By executing this Subcontractor Affidavit, the undersigned subcontractor verifies its compliance
with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged
in the physical performance of services under a contract with
(name of contractor) on behalf of the City of Atlanta has registered with, is authorized to use and uses
the federal work authorization program commonly known as E-Verify, or any subsequent replacement
program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.
Furthermore, the undersigned subcontractor will continue to use the federal work authorization
program throughout the contract period and the undersigned subcontractor will contract for the
physical performance of services in satisfaction of such contract only with sub-subcontractors who
present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b).
Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a subsubcontractor
to the contractor within five business days of receipt. If the undersigned subcontractor
receives notice of receipt of an affidavit from any sub-subcontractor that has contracted with a subsubcontractor
to forward, within five business days of receipt, a copy of such 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:
Name of Project:
Name of Public Employer: City of Atlanta
I hereby declare under penalty of perjury that the forgoing is true and correct.
Executed on _________, ____, 20__ in _________________ (city), __________ (state)
________________________________________________
Signature of Authorized Officer or Agent
_________________________________________________
Printed name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE
ME ON THIS THE ___, DAY OF ________, 201______
_________________________________________
NOTARY PUBLIC
My Commission Expires:
27 | FC-9621, Small A&E Design Services at H-JAIA
FORM 1
Sub-subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(4)
By executing this affidavit, the undersigned sub-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 for
(name of subcontractor or sub-subcontractor with
whom such sub-subcontractor has privity of contract) and
(name of contractor) on behalf of the City of Atlanta
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 subsubcontractor
will continue to use the federal work authorization program throughout the contract
period and the undersigned sub-subcontractor will contract for the physical performance of services in
satisfaction of such contract only with sub-subcontractors who present an affidavit to the subsubcontractor
with the information required by O.C.G.A. § 13-10-91(b). The undersigned subsubcontractor
shall submit, at the time of such contract, this affidavit to
(name of subcontractor or sub-subcontractor with
whom such sub-subcontractor has privity of contract). Additionally, the undersigned sub-subcontractor
will forward notice of the receipt of any affidavit from a sub-subcontractor to
(name of subcontractor or sub-subcontractor with
whom such sub-subcontractor has privity of contract). Sub-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 Sub-Subcontractor:
Name of Project:
Name of Public Employer: City of Atlanta
I hereby declare under penalty of perjury that the forgoing is true and correct.
Executed on _________, ____, 20__ in _________________ (city), __________ (state)
________________________________________________
Signature of Authorized Officer or Agent
_________________________________________________
Printed name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE
ME ON THIS THE ___, DAY OF ________, 201______
_________________________________________
NOTARY PUBLIC
My Commission Expires:
28 | FC-9621, Small A&E Design Services at H-JAIA
FORM 2
CONTRACTOR DISCLOSURE FORM
DEFINITIONS FOR THE PURPOSES OF THIS DISCLOSURE
“Affiliate” Any legal entity that, directly or indirectly through one of more
intermediate legal entities, controls, is controlled by or is under common
control with the Respondent or a member of Respondent.
“Contractor” Any person, partnership or entity having a contract with the City.
“Control” The controlling entity: (i) possesses, directly or indirectly, the power to
direct or cause the direction of the management and policies of the
controlled entity, whether through the ownership of voting securities or
by contract or otherwise; or (ii) has direct or indirect ownership in the
aggregate of fifty one (51%) or more of any class of voting or equity
interests in the controlled entity.
“Respondent” Any individual, partnership or entity that submits a response to a
solicitation.
If the Respondent is an individual, then that individual must complete
and sign this Contractor Disclosure Form where indicated.
If the Respondent is a partnership (including but not limited to, joint
venture partnership), then each partner in the partnership must
complete and sign a separate Contractor Disclosure Form where
indicated.
If the Respondent is a legal entity (e.g., corporation, limited liability
company), then an authorized representative of that entity must
complete and sign this Contractor Disclosure where indicated.
If the Respondent is a newly formed entity (formed within the last three
years), then an authorized representative of that entity must complete
and sign this Contractor Disclosure Form where indicated, and each of
the members or owners of the entity must also complete and sign
separate Contractor Disclosure Form where indicated.
Instructions: Provide the following information for the entity, partner or individual completing this
Disclosure (the “Individual/Entity”).
A. Basic Information:
1. Name of Respondent: __________________________________________________________
2. Name of the authorized representative for the Respondent: ___________________________
B. Individual/Entity Information:
Principal Office Address: _________________________________________________________
Telephone and Facsimile Numbers: ________________________________________________
E-Mail Address: ________________________________________________________________
Name and title of Contact Person for the Individual/Entity: _____________________________
29 | FC-9621, Small A&E Design Services at H-JAIA
Is the individual/Entity authorized to transact business in the State of Georgia?
Yes (Attach Certificate of Authority to transact business in Georgia from Georgia Secretary of
State.)
No
C. Questionnaire
If you answer “YES” to any of the questions below, please indicate the name(s) of the person(s), the
nature, and the status and/or outcome of the information, indictment, conviction, termination, claim or
litigation, the name of the court and the file or reference number of the case, as applicable. Any such
information should be provided on a separate page, attached to this form and submitted with your
Proposal.
1. Please describe the general development of the Respondent's
business during the past ten (10) years, or such shorter period of time that the
Respondent has been in
business.____________________________________________________________
____________________________________________________________________
____________________________________________________________________
___________________________________________________________________
2. Are there any lawsuits, administrative actions or litigation to which Respondent is
currently a party or has been a party (either as a plaintiff or defendant) during the past
ten (10) years based upon fraud, theft, breach of contract, misrepresentation, safety,
wrongful death or other similar conduct?
YES
NO
3. If “yes” to question number 2, were any of the parties to the suit a bonding
company, insurance company, an owner, or otherwise? If so, attach a sheet listing
all parties and indicate the type of company involved.
YES
NO
4. Has the Respondent been charged with a criminal offense within the last ten (10)
years?
YES
NO
5. Has the Respondent received any citations or notices of violation from any
government agency in connection with any of Respondent’s work during the past ten
(10) years (including OSHA violations)? Describe any citation or notices of violation
which Respondent received.
YES
NO
6. Please state whether any of the following events have occurred in the last ten (10)
years with respect to the Respondent. If any answer is yes, explain fully the
circumstances surrounding the subject matter of the affirmative answer:
Whether Respondent, or Affiliate currently or previously associated with Respondent,
has ever filed a petition in bankruptcy, taken any actions with respect to insolvency,
reorganization, receivership, moratorium or assignment for the benefit of creditors, or
otherwise sought relief from creditors?
YES
NO
30 | FC-9621, Small A&E Design Services at H-JAIA
Whether Respondent was the subject of any civil or criminal proceeding in which there
was a final adjudication adverse to Respondent which directly arose from activities
conducted by Respondent.
YES
NO
7. Has any employee, agent or representative of Respondent who is or will be directly
involved in the project, in the last ten (10) years:
(a) directly or indirectly, had a business relationship with the City?
YES
NO
(b) directly or indirectly, received revenues from the City? YES
NO
(c) directly or indirectly, received revenues from conducting business on City
property or pursuant to any contract with the City?
YES
NO
8. Whether any employee, agent, or representative of Respondent who is or will be
directly involved in the project has or had within the last ten (10) years a direct or
indirect business relationship with any elected or appointed City official or with any
City employee?
YES
NO
9. Whether Respondent has provided employment or compensation to any third party
intermediary, agent, or lobbyist to directly or indirectly communicate with any City
official or employee, or municipal official or employee in connection with any
transaction or investment involving your firm and the City?
YES
NO
10. Whether Respondent, or any agent, officer, director, or employee of your
organization has solicited or made a contribution to any City official or member, or to
the political party or political action committee within the previous five (5) years?
YES
NO
11. Has the Respondent or any agent, officer, director, or employee been terminated,
suspended, or debarred (for cause or otherwise) from any work being performed for
the City or any other Federal, State or Local Government?
YES
NO
12. Has the Respondent, member of Respondent’s team or officer of any of them (with
respect to any matter involving the business practice or activities of his or her
employer been notified within the five (5) years preceding the date of this offer that
any of them are the target of a criminal investigation, grand jury investigation, or civil
enforcement proceeding?
YES
NO
13. Please identify any Personal or Financial Relationships that may give rise to a
conflict of interest as defined below [Please be advised that you may be ineligible
for award of contract if you have a personal or financial relationship that
constitutes a conflict of interest that cannot be avoided]: (a) Personal
relationships: executives, board members and partners in firms submitting offers
must disclose familial relationships with employees, officers and elected officials of
the City of Atlanta. Familial relationships shall include spouse, domestic partner
registered under section 94-133, mother, father, sister, brother, and natural or
adopted children of an official or employee.
YES
NO
31 | FC-9621, Small A&E Design Services at H-JAIA
(b) Financial relationships: Respondent must disclose any interest held
with a City employee or official or family members of a City employee or official, which
may yield, directly or indirectly, a monetary or other material benefit to the
Respondent or the Respondent’s family members. Please describe:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
YES
NO
D. REPRESENTATIONS
Anti-Lobbying Provision. All respondents, including agents, employees, representatives, lobbyists,
attorneys and proposed partner(s), subcontractor(s) or joint venturer(s), will refrain, under penalty of the
respondent’s disqualification, from direct or indirect contact for the purpose of influencing the selection
or creating bias in the selection process with any person who may play a part in the selection process.
Certification of Independent Price Determination/Non-Collusion. Collusion and other anticompetitive
practices among offerors are prohibited by city, state and federal laws. All Respondents shall identify a
person having authority to sign for the Respondent who shall certify, in writing, as follows:
“I certify that this bid/proposal is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a bid or offer for the same supplies, labor, services, construction,
materials or equipment to be furnished or professional or consultant services, and is in all respects fair
and without collusion or fraud. I understand collusive bidding is a violation of city, state and federal law
and can result in fines, prison sentences, and civil damages awards. By signing this document, I agree to
abide by all conditions of this solicitation and offer and certify that I am authorized to sign for this
Respondent/Offeror.”
Certify Satisfaction of all Underlying Obligations. (If Applicable) If a Contract is awarded through this
solicitation, then such Contractor should know that before final payment is made to a Contractor by the
City, the Contractor shall certify to the City in writing, in a form satisfactory to the City, that all
subcontractors, materialmen suppliers and similar firms or persons involved in the City contract have
been paid in full at the time of final payment to the Contractor by the City or will be paid in full utilizing
the monies constituting final payment to the Contractor.
Confidentiality. Details of the proposals will not be discussed with other respondents during the
selection process. Respondent should be aware, however, that all proposals and information submitted
therein may become subject to public inspection following award of the contract. Each respondent
should consider this possibility and, where trade secrets or other proprietary information may be
involved, may choose to provide in lieu of such proprietary information, an explanation as to why such
information is not provided in its proposal. However, the respondent may be required to submit such
required information before further consideration.
Equal Employment Opportunity (EEO) Provision. All bidders or offerors will be required to comply with
sections 2-1200 and 2-1414 of the City of Atlanta Code of Ordinances, as follows: During the
performance of the agreement, the Contractor agrees as follows:
a. The Contractor shall not discriminate against any employee, or applicant for
32 | FC-9621, Small A&E Design Services at H-JAIA
employment, because of race, color, creed, religion, sex, domestic relationship status,
parental status, familial status, sexual orientation, national origin, gender identity, age,
disability, or political affiliation. As used here, the words "shall not discriminate" shall
mean and include without limitation the following:
Recruited, whether by advertising or other means; compensated, whether in the form of
rates of pay, or other forms of compensation; selected for training, including
apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and
terminated.
The Contractor agrees to and shall post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officers setting forth
the provisions of the EEO clause.
b. The Contractor shall, in all solicitations or advertisements for employees, placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, creed, religion, sex, domestic relationship
status, parental status, familial status, sexual orientation, national origin, gender
identity, age, disability, or political affiliation.
c. The Contractor shall send to each labor union or representative of workers with which
the Contractor may have a collective bargaining agreement or other contract or
understanding a notice advising the labor union or workers' representative of the
Contractor's commitments under the equal employment opportunity program of the
City of Atlanta and under the Code of Ordinances and shall post copies of the notice in
conspicuous places available to employees and applicants for employment. The
Contractor shall register all workers in the skilled trades who are below the journeyman
level with the U.S. Bureau of Apprenticeship and Training
d. The Contractor shall furnish all information and reports required by the contract
compliance officer pursuant to the Code of Ordinances, and shall permit access to the
books, records, and accounts of the Contractor during normal business hours by the
contract compliance officer for the purpose of investigation so as to ascertain
compliance with the program.
e. The Contractor shall take such action with respect to any subcontractor as the city may
direct as a means of enforcing the provisions of paragraphs (a) through (h) herein,
including penalties and sanctions for noncompliance; provided, however, that in the
event the Contractor becomes involved in or is threatened with litigation as a result of
such direction by the city, the city will enter into such litigation as is necessary to protect
the interest of the city and to effectuate the equal employment opportunity program of
the city; and, in the case of contracts receiving federal assistance, the Contractor or the
city may request the United States to enter into such litigation to protect the interests
of the United States
f. The Contractor and its subcontractors, if any, shall file compliance reports at reasonable
times and intervals with the city in the form and to the extent prescribed by the contract
compliance officer. Compliance reports filed at such times directed shall contain
33 | FC-9621, Small A&E Design Services at H-JAIA
information as to employment practices, policies, programs and statistics of the
Contractor and its subcontractors.
g. The Contractor shall include the provisions of paragraphs (a) through (h) of this equal
employment opportunity clause in every subcontract or purchase order so that such
provisions will be binding upon each subcontractor or vendor.
h. A finding, as hereinafter provided, that a refusal by the Contractor or subcontractor to
comply with any portion of this program, as herein provided and described, may subject
the offending party to any or all of the following penalties
(1) Withholding from the Contractor in violation all future payments under the
involved contract until it is determined that the Contractor or subcontractor is in
compliance with the provisions of the contract;
(2) Refusal of all future bids for any contract with the City of Atlanta or any of its
departments or divisions until such time as the Contractor or subcontractor
demonstrates that there has been established and there shall be carried out all of
the provisions of the program as provided in the Code of Ordinances;
(3) Cancellation of the public contract;
(4) In a case in which there is substantial or material violation of the compliance
procedure herein set forth or as may be provided for by the contract, appropriate
proceedings may be brought to enforce those provisions, including the enjoining,
within applicable law, of Contractors, subcontractors or other organizations,
individuals or groups who prevent or seek to prevent directly or indirectly
compliance with the policy as herein provided.
Prohibition on Kickbacks or Gratuities/Non-Gratuity. The undersigned acknowledges the following
prohibitions on kickbacks and gratuities:
a. It is unethical for any person to offer, give or agree to give any employee or former
employee a gratuity or an offer of employment in connection with any decision, approval,
disapproval, recommendation, preparation or any part of a program requirement or a
purchase request, influencing the content of any specification or procurement standard,
rendering of advice, investigation, auditing or in any other advisory capacity in any
proceeding or application, request for ruling, determination, claim or controversy or other
particular matter pertaining to any program requirement or a contract or subcontract or to
any solicitation or proposal therefor.
b. It is unethical for any employee or former employee to solicit, demand, accept or agree
to accept from another person a gratuity or an offer of employment in connection with any
decision, approval, disapproval, recommendation, preparation or any part of a program
requirement or a purchase request, influencing the content of any specification or
procurement standard, rendering of advice, investigation, auditing or in any other advisory
capacity in any proceeding or application, request for ruling, determination, claim or
controversy or other particular matter pertaining to any program requirement or a contract
or subcontract or to any solicitation or proposal therefor.
c. It is also unethical for any payment, gratuity or offer of employment to be made by or
on behalf of a subcontractor under a contract to the prime Contractor or higher tier
subcontractor or any person associated therewith as an inducement for the award of a
subcontract or order.
34 | FC-9621, Small A&E Design Services at H-JAIA
Declaration
Under penalty of perjury, I declare that I have examined this Contractor Disclosure Form and all
attachments to it, if applicable, and, to the best of my knowledge and belief all statements
contained herein and in any attachments, if applicable, are true, correct and complete.
I certify that this offer is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting an offer for the same supplies, services, construction, or
professional or consultant services, and is in all respects fair and without collusion or fraud. I
understand collusive bidding is a violation of city, state and federal law and can result in fines,
prison sentences, and civil damages awards. I agree to abide by all conditions of this solicitation
and offer and certify that I am authorized to sign for this Respondent.
For entities that are newly formed (formed within the last three years):
Sign here if you are an individual:
Printed Name: ____________________________
Signature: _______________________________
Date: ____________________
Subscribed and sworn to or affirmed by ______________________ (name) this ___ day of
_____________, 20__.
___________________________________
Notary Public of _____________ (state)
My commission expires: ________________
Sign here if you are an authorized representative of a responding entity or partnership:
Printed Name of Entity or Partnership: ______________________________
Signature of authorized representative: ______________________________
Title: ___________________________
Date: __________________, 20___
Subscribed and sworn to or affirmed by _______________________________ (name), as the
_____________________ (title) of _________________________________ (entity or
partnership name) this _____ day of ___________, 20___.
_________________________________
Notary Public of _____________(state)
My commission expires: _____________
35 | FC-9621, Small A&E Design Services at H-JAIA
FORM 4
Proponent Financial Disclosure
Instructions: It is necessary for the City to evaluate, verify, and understand the Proponent’s
financial capability and stability to undertake and perform the Services
contemplated in this Solicitation. To accomplish this task, the Proponent must
provide accurate and legible financial disclosures to the City as requested below.
A “Proponent” is an individual, entity or partnership submitting a proposal or bid
in response to a Solicitation.
1. If the Proponent is an individual, financial disclosures for that individual
must be provided.
2. If the Proponent is an entity or partnership, financial disclosures for that
entity or partnership must be provided.
3. If the Proponent is a newly formed entity or partnership (formed within
the last three years), financial disclosures for that entity or partnership
must be provided together with full financial disclosure from the entity’s
or partnership’s owners. Financial Disclosure includes a full response to
all questions and requests for documentation listed in this Form 4.
For example, if the Proponent is a newly formed entity (formed within the last
three years) made up of two separate entities (e.g., a majority interest owner
and a minority interest owner), then financial disclosure is required from the
Proponent entity, and financial disclosure is also required from each of the two
owners (majority entity owner and minority entity owner) as well.
The Proponent (and its owners, if applicable) must submit hard copies of all
financial disclosures in response to this Form 4.
36 | FC-9621, Small A&E Design Services at H-JAIA
Part A - General Information:
Name of the Proponent: ______________________________
Name of individual, entity or
partnership completing this Form: ______________________________
Relationship of individual, entity
or partnership completing this Form
to the Proponent: _______________________________
Contact information of individual,
entity or partnership completing
this Form:
_______________________________
Address: ________________________________
Phone Number(s): ________________________________
Email: ________________________________
37 | FC-9621, Small A&E Design Services at H-JAIA
Part B: Financial Information:
1. The Proponent, and its owners, if applicable, should demonstrate its financial capability
and stability by selecting and providing documentation from one of the following three
groups of requests (see below). Please circle which group, (a), (b), or (c), is selected and
provide the supporting documentation with the proposal/bid.
(a) Financial statements for the three (3) most recent consecutive fiscal years,
audited by a Certified Public Accountant (“CPA”), including:
(i) Income Statement;
(ii) Balance Sheet; and
(iii) Statement of Cash Flows.
(b) Financial statements for the three (3) most recent consecutive fiscal years, either
reviewed or compiled by a Certified Public Accountant (“CPA”), including:
(i) Income Statement;
(ii) Balance Sheet; and
(iii) Satisfactory proof of Proponent’s ability to obtain a Performance Bond
for the amount described in Exhibit D, if applicable.
(c) Unaudited, self-prepared financial statements for the three (3) most recent
consecutive fiscal years, including:
(i) Income Statement;
(ii) Balance Sheet;
(iii) Satisfactory proof of Proponent’s ability to obtain a Performance Bond
for the amount described in Exhibit D, if applicable;
(iv) Two (2) banks or other institutional lenders’ references; and
(v) Dunn and Bradstreet report for the last two (2) years.
38 | FC-9621, Small A&E Design Services at H-JAIA
2. Fill in the blanks below to provide a summary of all of the Proponent’s assets and
liabilities for the three (3) most recent years (calculated from the date of the end of the
fiscal year).
ALL FIGURES BELOW MUST BE REPRESENTED IN U.S. CURRENCY ($).
Standard currency of Proponent's Financial Statements: __________________
The exchange rate used: __________ = US $___________
Most recent three (3) years
Year: 20 Year: 20 Year: 20__
(Thousands) (Thousands) (Thousands)
Current Assets $................. $............... $................
Current Liabilities $................. $................ $................
Property & Equip. $................. $................ $................
Working Capital $................. $................ $................
Sales/ Revenue $................. $................ $ ................
Total Assets $................. $................ $................
Total Liabilities $................. $................ $................
Interest Charges $................. $................ $................
Net Income $................. $................ $................
Net-Worth $................. $................ $................
3. Do you plan to use or require an open line of credit for the project? Yes or No.
If yes, the Proponent must provide the source of the line of credit on bank letterhead
for the bank providing the line of credit. The bank contact information must include:
contact name, title, address, telephone, fax and e-mail address.
39 | FC-9621, Small A&E Design Services at H-JAIA
Declaration
Under penalty of perjury, I declare that I have examined this Affidavit Disclosure form and
all attachments to it, if applicable, and, to the best of my knowledge and belief, and all
statements contained in it and all attachments, if applicable, are true, correct and complete.
Whether you are an individual executing this form or you are an authorized representative
of an entity executing this form, the person signing below must sign or affirm in the
presence of a Notary Public. The Notary Public’s signature and seal must be provided,
together with the date of the notarial act.
For entities that are newly formed (formed within the last three years):
I certify that the Respondent is newly formed and does not have sufficient information to
respond to Part B of this Form.
Sign here if you are an individual:
Printed Name: ____________________________
Signature: _______________________________
Date: ____________________, 20___
Subscribed and sworn to or affirmed by _______________________ (name) this _____ day of
___________, 201____.
__________________________
Notary Public of _____________(state)
My commission expires: ____________
Sign here if you are an authorized representative of a responding entity:
Printed Name of Entity: ______________________________
Signature of authorized representative: _____________________________
Title: ___________________________
Date: __________________, 20___
Subscribed and sworn to or affirmed by _______________________________ (name), as the
_____________________ (title) of _________________________________ (entity name) this
_____ day of ___________, 201____.
_________________________________
Notary Public of _____________(state)
My commission expires: ________
40 | FC-9621, Small A&E Design Services at H-JAIA
FORM 5
Acknowledgment of Insurance and Bonding Requirements
I, ______________________________, on behalf of ____________________________,
Proponent, acknowledge that if selected as the successful Proponent for FC-9621: Small
Architectural and Engineering Design Services at H-JAIA. Proponent shall comply completely
and promptly with all insurance requirements contained in the Agreement attached to this
Solicitation and appendices thereto, pertaining to insurance.
Proponent understands that it is expected to share these requirements with potential sureties
and insurance brokers, agents, underwriters, etc. prior to any award of an Agreement and to
take all necessary steps to ensure compliance with the applicable requirements without delay.
Proponent understands, acknowledges and agrees that any failure to fully comply with these
requirements within ten (10) days of the date Proponent receives a final Agreement document
from the City may result in the forfeiture of the Proposal guarantee submitted with this
Proposal and/or the disqualification of Proponent from further consideration for the
Agreement.
By executing this Acknowledgement of Insurance Requirements, I represent that the Proponent
understands and agrees to comply unconditionally with all requirements related to insurance
contained in the Agreement attached to this Solicitation. Further, by signing below, I represent
that I am authorized to make the representations contained herein on behalf of Proponent.
Dated this _________ day of _____________________, 2017.
Corporate Proponent:
[Insert Corporate Name]
By:
Print Name:
Title:
Corporate Secretary/Assistant
Secretary (Seal)
Non-Corporate Proponent:
[Insert Proponent Name]
By:
Print Name:
Title:
Notary Public (Seal)
My Commission Expires:
41 | FC-9621, Small A&E Design Services at H-JAIA
FORM 7
Acknowledgment of Addenda
Each Respondent must complete and submit and acknowledgement with its solicitation
that it has received all Addenda issued for this solicitation. This form has been included and
may be used to satisfy this requirement.
This is to acknowledge receipt of the following Addenda for FC-9621: Small
Architectural and Engineering Design Services at Hartsfield-Jackson Atlanta International
Airport:
None (Check if None)
1. _____;
2. _____;
3. _____; and
4. _____.
Dated the ______ day of _________________, 20___.
Corporate Proponent: Non-Corporate Proponent:
[Insert Corporate Name] [Insert Proponent Name]
By: By:
Name: Name:
Title: Title:
Corporate Secretary/Assistant Notary Public (Seal)
Secretary (Seal) My Commission Expires:
44 | FC-9036, NIP Design Services at H-JAIA
FORM 8
RESPONDENT CONTACT DIRECTORY
This Respondent Contact Directory should include the names, positions/titles, firms, mailing addresses, phone and fax numbers and
e-mail addresses for each of the following as it pertains to each of the firms in a Respondent’s team:
1. At least two individuals authorized to represent the firm for purposes of this Solicitation; and
2. All of Respondent’s subcontractors (if any).
NAME POSITION/TITLE MAILING ADDRESS PHONE NUMBER FAX NUMBER EMAIL ADDRESS
43 | FC-9621, Small A&E Design Services at H-JAIA
FORM 9
Client List
Each Respondent must provide a list of at least three (3) current client references,
including at least one (1) airport reference, using the below-referenced format. The City is
interested in reviewing references that are able to attest to a Proponent’s performance ability
and credibility in a particular industry or trade.
Reference: Name
Address
City, State, Zip
Phone
Fax
Project Title:
Contact Person: __________________________
Direct Telephone: __________________________
Email Address: __________________________
Date(s) of Project: __________________________
Description of Services:
Total Amount of Contract Including Change Orders:
Proponent’s Role and Responsibilities:
Current Completion Status:
_______________________________________________________
(Use the Same Format to Provide the Additional References)
44 | FC-9621, Small A&E Design Services at H-JAIA
City of Atlanta, Hartsfield-Jackson Atlanta International Airport FC-9621, Small A&E Design Services at H-JAIA
PART 5: SERVICES AGREEMENT
45 | FC-9621, Small A&E Design Services at H-JAIA
MASTER PROFESSIONAL SERVICES AGREEMENT – SMALL ARCHITECTURAL AND ENGINEERING
DESIGN SERVICES AT H-JAIA
CONTRACT NO. FC-9621
This Master Professional Services Agreement (“Services Agreement”) is entered into and
effective as of __________________ (the “Effective Date”) between the City of Atlanta (“City”)
and the service provider (“Consultant”) set forth below.
Services Agreement Name: Noise Insulation
Program Design Services at Hartsfield-Jackson
Atlanta International Airport
Services Agreement No. FC-9036
Consultant City of Atlanta
Name:
Using Agency:
Address:
Address:
Phone: Phone:
Fax: Fax:
Authorized Representative: Authorized Representative:
Franklin Rucker, P.E.
Assistant Aviation General Manager
1. Background.
1.1 The City desires to obtain from Consultant the services (“Services”) described
generally on Exhibit A, attached, and as further described on task orders (individually, a “Task
Order” and, collectively, the “Task Orders”), which may be executed from time to time.
Consultant shall not provide any services except as specifically provided in a Task Order.
1.2 Each Task Order shall specify a maximum payment amount (the “Task Order
Maximum Payment Amount”) applicable to the Services to be performed under such Task
Order.
1.3 In addition to containing a Task Order Maximum Payment Amount, each Task
Order may contain Services phases for the particular project contemplated by the Task Order,
specific budgets applicable to such Services phases, fully burdened hourly billing rates
applicable to Consultant/subconsultant personnel providing Services under the Task Order (in
addition to those set forth on Exhibit A.2), specific reimbursable/non-reimbursable expenses
subject to payment/non-payment under the Task Order or other items/categories/components
concerning compensation payable/non-payable under the applicable Task Order. The City, or
its designated representative, in administering the Task Order, may unilaterally or bilaterally
make changes to any of those compensation components attributable to a Task Order by
46 | FC-9621, Small A&E Design Services at H-JAIA
issuing appropriate documentation of such changes, including the use of a Change Document
(hereafter defined) pursuant to the City’s Code of Ordinances.
1.4 The City makes no representations or warranties about the quantity of Services
that will be requested or Charges that will be paid under this Services Agreement. Any quantity
of Services or amount of Charges set forth in this Services Agreement is an estimate only.
2 Term.
2.1 Initial Term. The initial term of this Services Agreement will be three (3) years.
This Services Agreement shall commence on the Effective Date and end on three (3) years from
the Effective Date. The initial term of the Services Agreement and any renewal term(s) are
collectively referred to as the “Term”.
2.2 Renewal Terms. The City shall have the right in its sole discretion to renew this
Services Agreement for one (1) additional two (2) year term according to the following
procedure:
2.2.1 If the City desires to exercise an option to renew, it will submit legislation
authorizing such renewal for consideration by City’s Council and Mayor prior to the expiration
of the prior Term. The legislation will establish that the date of such renewal will be the day
immediately following the expiration day of the prior Term;
2.2.2 If such legislation is enacted, within thirty (30) days of such enactment,
the City will notify Consultant of such renewal, at which time Consultant shall be bound to
provide Services during such renewal Term, without the need for the Parties to execute any
further documents evidencing such renewal, it being acknowledged by Consultant that its initial
execution of this Services Agreement is deemed its Services Agreement to continue to provide
Services during any renewal Term.
3 Interpretation.
3.1 All capitalized terms used in this Services Agreement shall have the meanings
ascribed to them in the Services Agreement Documents and on Exhibit C attached hereto. If
there is a conflict between any of the Services Agreement Documents, precedence shall be
given in the following order: 3
1. Change Order(s)
2. Applicable Task Order
3. Services Agreement
4. Exhibit A: General Scope of Services
5. Exhibit A.1: Compensation
6. Exhibit A.2: Employee Classifications / Actual Billing Rates
3 For purposes of this provision, authorized changes to an item in the order of precedence pursuant to a Change
Document take precedence over the particular item changed.
47 | FC-9621, Small A&E Design Services at H-JAIA
7. Exhibit B: Authorizing Legislation
8. Exhibit C: Definitions
9. Exhibit D: Insurance Requirements
10. Exhibit E: Dispute Resolution Procedures
11. Exhibit F: Airport Access, Security and Safety Measures
12. Appendix A - Office of Contract Compliance Requirements
13. Appendix B - [RESERVED]
14. Appendix C – Illegal Immigration Reform and Enforcement Act Affidavits
4 Authorization. If applicable, this Services Agreement is authorized by legislation
adopted by City which is attached as Exhibit B.
5 Services
5.1 Description of Services. Consultant agrees to provide to City the Services per this
Services Agreement and each Task Order. Each Task Order will include the following: (a) a
reference to this Services Agreement; (b) the Task Order Commencement Date and, if applicable,
the period of time during which the Services will be provided; (c) a description of the Services to be
provided; (d) the amounts payable and payment schedule for the Services; and (e) any additional
provisions applicable to the Services. No Task Order will become effective until it has been
executed by an authorized representative of Consultant and City. If any services to be performed
are not specifically included in a Task Order, but are reasonably necessary to accomplish the
purpose of the Task Order, they will be deemed to be implied in the scope of the Services for
that Task Order to the same extent as if specifically described in such Task Order.
5.2 Resources. Unless otherwise expressly provided in this Services Agreement, all
equipment, software and Consultant Personnel required for the proper performance of
Services shall be furnished by and be under the control of Consultant. Consultant shall be
responsible, at its sole cost, for procuring and using such resources in proper and qualified,
professional and high quality working and performing order.
5.3 Change Documents.
5.3.1 This section will govern changes to the Services Agreement or any Task
Order issued under the Services Agreement, whether such changes involve an increase in the
Task Order Maximum Payment Amount or not. Changes in Services or other aspects of this
Services Agreement shall be made by written document (“Change Document” or “Unilateral
Change Document”). 4 All changes shall be implemented pursuant to this subsection (the
“Change Document Procedures”) and any Applicable Law.
4 Change Documents may assume numerous multiple forms and titles depending on the nature of the change
involved (e.g. Change Order, Unilateral Change Order, Amendment, Contract Modification, Renewal, etc.).
48 | FC-9621, Small A&E Design Services at H-JAIA
5.3.2 Potential Change Documents that may be issued concerning this Services
Agreement or any Task Order issued under this Services Agreement include, but are not limited
to:
5.3.2.1 Change Documents to the Services Agreement involving an
increase to the Task Order Maximum Payment Amount executed
between City and Consultant which may or may not require legislative
approval under Code Section 2-1292;
5.3.2.2 Change Documents to the Services Agreement or any Task Order
issued under the Services Agreement involving no increase to the Task
Order Maximum Payment Amount, changes in the value of the Charges
or changes in the terms or amounts of compensation under the Task
Order Maximum Payment Amount executed between City and
Consultant pursuant to Code Section 2-1292(d); and
5.3.2.3 Unilateral Change Documents to the Services Agreement or any
Task Order issued under the Services Agreement issued by City pursuant
to Code Section 2-1292(d) involving no increase to the Task Order
Maximum Payment Amount, changes in the value of the Charges or
changes in the terms of amounts of compensation under the Task Order
Maximum Payment Amount.
5.3.2.4 Change Documents that do not involve an increase in the Task
Order Maximum Payment Amount will be executed pursuant to Code
Section 2-1292(d) either bilaterally or unilaterally by the City.
5.3.3 City may propose a change in the Services or other aspects of this
Services Agreement by delivering written notice to Consultant describing the requested change
(“Change Request”). Within ten (10) days of receipt of City’s Change Request, Consultant shall
evaluate it and submit a written response (“Proposed Change Document”). A Change Request
which involves the reduction of Services shall be effective upon written notice to Consultant.
5.3.4 Consultant may, without receiving any Change Request, on its own
submit a Proposed Change Document describing its own proposed requested change to the
Services Agreement or any Task Order issued under the Services Agreement.
5.3.5 Each Proposed Change Document shall include the applicable schedule
for implementing the proposed change, any applicable changes to the Charges (either increased
or decreased) and all other information applicable to the proposed change. Each Proposed
Change Document shall constitute an offer by Consultant and shall be irrevocable for a period
of sixty (60) days. City shall review and may provide Consultant with comments regarding a
Proposed Change Document, and Consultant shall respond to such comments, if any. A
Proposed Change Document from Consultant will become effective only when executed by an
authorized representative of City.
49 | FC-9621, Small A&E Design Services at H-JAIA
5.3.6 City may propose any changes to the Services Agreement, including, but
not limited to, changes that it contends do not involve an increase to the Task Order Maximum
Payment Amount, and Consultant shall, in good faith, evaluate such proposed Change Request.
If City and Consultant are able to reach agreement on such Change Request, each will execute a
Change Document concerning such Change Request pursuant to Code Section 2-1292(d).
Nothing in this Services Agreement shall, in the event of disagreement between City and
Consultant concerning a proposed Change Request, or otherwise, prohibit City from issuing a
Unilateral Change Document to Consultant, pursuant to Code Section 2-1292(d), and City and
Consultant agree to resolve their dispute pursuant to the Dispute Resolution Procedures set
forth in Exhibit E. During the pendency of such dispute, Consultant shall continue to perform
the Services, as changed by such Unilateral Change Document.
5.4 Suspension of Services. City may, by written notice to Consultant, suspend at
any time the performance of any or all of the Services to be performed under this Services
Agreement. Upon receipt of a suspension notice, Consultant must, unless the notice requires
otherwise, (a) immediately discontinue suspended Services on the date and to the extent
specified in the notice; (b) place no further orders or subcontracts for materials, services or
facilities with respect to suspended Services, other than to the extent required in the notice;
and (c) take any other reasonable steps to minimize costs associated with the suspension.
6 Consultant’s Obligations.
6.1 Consultant Personnel. Consultant shall be responsible, at its own cost, for all
recruiting, hiring, training, educating and orienting of all Consultant Personnel, all of whom shall
be fully qualified and shall be authorized under Applicable Law to perform the Services. This
requirement shall be active throughout the entire term of this contract.
6.2 Consultant Authorized Representative. Consultant designates Consultant
Authorized Representative named on page 1 of this Services Agreement (“Consultant
Authorized Representative”) and, such Person shall: (a) be a project executive and employee
within Consultant’s organization, with the information, authority and resources available to
properly coordinate Consultant’s responsibilities under this Services Agreement; (b) serve as
primary interface and the single-point of communication for the provision of Services by
Consultant; (c) have day-to-day responsibility and authority to address issues relating to the
Services; and (d) devote adequate time and efforts to managing and coordinating the Services.
6.3 Qualifications. Upon City’s reasonable request, Consultant will make available to
City all relevant records of the education, training, experience, qualifications, work history and
performance of Consultant Personnel.
6.4 Removal of Personnel Assigned to City Services Agreement. Within a reasonable
period, but not later that seven (7) days after Consultant’s receipt of notice from City that the
continued assignment to the City Services Agreement of any Consultant Personnel is not in the
best interests of City, Consultant shall remove such Consultant Personnel from City’s Services
Agreement. Consultant will not be required to terminate the employment of such individual.
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Consultant will assume all costs associated with the replacement of any Consultant Personnel.
In addition, Consultant agrees to remove from City’s Services Agreement any Consultant
Personnel who has engaged in willful misconduct or has committed a material breach of this
Services Agreement immediately after Consultant becomes aware of such misconduct or
breach.
6.5 Subcontracting. Unless specifically authorized in this Services Agreement or an
applicable Task Order, Consultant will not enter into any Services Agreement with or delegate
any Services to any Third Party, including but not limited to subconsultant(s), without the prior
written approval of City, which City may withhold in its sole discretion. If Consultant
subcontracts any of the Services, Consultant shall: (i) be responsible for the performance of
Services by the subconsultants; (ii) remain City’s sole point of contact for the Services; and (iii)
be responsible for the payment of any subconsultants.
6.6 Key Consultant Personnel and Key Subconsultants.
6.6.1 The following Persons are identified by Consultant as Key Consultant
Personnel under this Services Agreement:
6.6.1.1 ______________;
6.6.1.2 ______________;
6.6.1.3 ______________; and
6.6.1.4 ______________.
6.6.2 The following Persons are identified by Consultant as Key Subconsultants
under this Services Agreement:
_______________________;
_______________________;
_______________________;
_______________________; and
_______________________.
6.6.3 Consultant shall not transfer, reassign or replace any Consultant Key
Personnel or Key Subconsultant, except as a result of retirement, voluntary resignation,
involuntary termination for cause in Consultant’s sole discretion, illness, disability or death,
during the term of this Services Agreement without prior written approval from City.
6.6.4. Consultant shall not transfer, reassign or replace any Joint Venture partners
during the term of this Services Agreement without prior written approval from City.
Consultant must provide City Authorized Representative with its Joint Venture Agreement,
including all updates, additions and changes thereto.
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6.7 Conflicts of Interest. Consultant shall immediately notify City in writing,
specifically disclosing any and all potential or actual conflicts of interests, which arise or may
arise during the execution of its work in the fulfillment of the requirements of the Services
Agreement. City shall make a written determination as to whether a conflict of interest actually
exists and the actions to be taken to resolve the conflict of interest. The on-call firm engaged in
performing design work for the DOA may not perform work for the contractor on the same
project.
6.7.1 Prohibition on Future Contracts: Neither the Consultant nor any of its
constituent member firms is eligible to perform any other services for the Department of
Aviation without written approval from the Assistant Aviation General Manager for Planning &
Development. Any subconsultants or subcontractors hired by the Consultant may perform
other services as determined by the City. Subconsultants/subcontractors are required to
submit a written request to the Department of Aviation’s Assistant Aviation General Manager
or his designee in order to receive the determination.
6.8 Commercial Activities. Neither Consultant nor any Consultant Personnel shall
establish any commercial activity, issue concessions, or permits of any kind to Third Parties for
establishing any activities on City property.
7 City’s Authorized Representative.
7.1 Designation and Authority. City designates the City Authorized Representative
named on page 1 of this Services Agreement (the “City Authorized Representative”) who shall:
(a) serve as primary interface and the single-point of communication for the provision of
Services; (b) have day-to-day responsibility to address issues relating to this Services
Agreement; and (c) to the extent provided under the Code, have the authority to execute any
additional documents or changes on behalf of City.
7.2 City’s Right to Review and Reject. Any Work Product, Service or other document
or item to be submitted or prepared by Consultant hereunder shall be subject to the review of
the City Authorized Representative. The City Authorized Representative may disapprove, if in
the City Authorized Representative’s sole opinion the Work Product, Service, document or item
is not in accordance with the requirements of this Services Agreement or sound professional
service principles, or is impractical, uneconomical or unsuited in any way for the purposes for
which the Work Product, Service, document or item is intended. If any of the said items or any
portion thereof are so disapproved, Consultant shall revise the items until they meet the
approval of the City Authorized Representative. However, Consultant shall not be
compensated under any provision of this Services Agreement for repeated performance of such
disapproved items.
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8 Payment Procedures.
8.1 General. City will not be obligated to pay Consultant any amount in addition to
the Charges set forth in an applicable Task Order for Consultant’s provision of the Services.
Consultant Personnel hourly billing rates, reimbursable expenses and other compensable items
under this Services Agreement and issued Task Orders are set forth on Exhibit A.1
Compensation.
8.2 Invoices. Consultant shall prepare and submit to City invoices for payment of all
Charges in accordance with the applicable Task Order. Each invoice shall be in such detail and
in such format as City may reasonably require. To the extent not set forth in a Task Order,
Consultant shall invoice City monthly for Services rendered.
8.3 Taxes. The Charges are inclusive of all taxes, levies, duties and assessments
(“Taxes”) of every nature due in connection with Consultant’s performance of the Services.
Consultant is responsible for payment of such taxes, licenses and permits to the appropriate
governmental authority. If Consultant is refunded any Tax payments made relating to the
Services, Consultant shall remit the amount of such refund to City within forty-five (45) days of
receipt of the refund.
8.4 Maximum Amount. City shall not be obligated to pay any amount in excess of
the Task Order Maximum Payment Amount for all Services under the applicable Task Order.
8.5 Payment. City shall endeavor to pay all undisputed Charges within thirty (30)
days of the date of the receipt by City of a properly rendered and delivered invoice.
8.6 Disputed Charges. If City in good faith disputes any portion of an invoice, City
may withhold such disputed amount and notify Consultant in writing of the basis for any
dispute within thirty (30) days of the later of: (a) receipt of the invoice; or (b) discovery of the
basis for any such dispute. City and Consultant agree to use all reasonable commercial efforts
to resolve any disputed amount in any invoice within thirty (30) days of the date City notifies
Consultant of the disputed amount.
8.7 No Acceptance of Nonconforming Work. No payment of any invoice or any
partial or entire use of the Services by City constitutes acceptance of any Services.
8.8 Payment of Other Persons. Prior to the issuance of final payment from City,
Consultant shall certify to City in writing, in a form satisfactory to City, that all subconsultants,
materialmen, suppliers and similar firms or persons engaged by Consultant in connection with
this Services Agreement have been paid in full or will be paid in full utilizing the monies
constituting final payment to Consultant.
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9 Consultant Representations and Warranties. As of the Effective Date and continuing
throughout the Term and any subsequent Task Order performance period, Consultant warrants
to City that:
9.1 Authority. Consultant is duly incorporated or formed, validly existing and is in
good standing under the laws of the state in which it is incorporated or formed, and is in good
standing in each other jurisdiction where the failure to be in good standing would have a
material adverse effect on its business or its ability to perform its obligations under this Services
Agreement. Consultant has all necessary power and authority to enter into and perform its
obligations under this Services Agreement, and the execution and delivery of this Services
Agreement and the consummation of the transactions contemplated by this Services
Agreement have been duly authorized by all necessary actions on its part. This Services
Agreement constitutes a legal, valid and binding obligation of Consultant, enforceable against it
in accordance with its terms. No action, suit or proceeding in which Consultant is a party that
may restrain or question this Services Agreement or the provision of Services by Consultant is
pending or threatened.
9.2 Professional Standards. The Services will be performed in a professional and
workmanlike manner in accordance with the standards imposed by Applicable Law and the
practices and professional standards used in well managed operations performing services
similar to the Services.
9.3 Conformity. The development, creation, delivery, provision, implementation,
testing, maintenance and support of all Services shall conform in all material respects to the
description of such Services in the Services Agreement Documents, including the relevant Task
Order.
9.4 Materials and Equipment. Any equipment or materials provided by Consultant
shall be new, of clear title, not subject to any lien or encumbrance, of the most suitable grade
of their respective kinds for their intended uses, shall be free of any defect in design or
workmanship and shall be of merchantable quality and fit for the purposes for which they are
intended.
9.5 Intellectual Property Rights. None of the processes or procedures utilized by
Consultant to fulfill its obligations hereunder, nor any of the materials and methodologies used
by Consultant in fulfilling its obligations hereunder, nor any of the Services or Work Product
shall infringe any Third Party’s Intellectual Property Rights or privacy, publicity or other rights.
10 Compliance with Laws.
10.1 General. Consultant and its subconsultants will perform the Services in
compliance with all Applicable Laws
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10.2 City’s OCC Programs. Consultant shall comply with Appendix A and any
applicable City OCC programs, including, but not limited to, City’s DBE and EEO Programs, and
requirements set forth in the Code in the performance of the Services.
10.3 Consents, Licenses and Permits. Consultant will be responsible for, and the
Charges shall include the cost of obtaining, maintaining and complying with, and paying all fees
and taxes associated with, all applicable licenses, authorizations, consents, approvals and
permits required of Consultant in performing Services and complying with this Services
Agreement.
11 Confidential Information.
11.1 General. Each Party agrees to preserve as strictly confidential all Confidential
Information of the other Party for two (2) years following the expiration or termination of this
Services Agreement; provided, however, that each Party’s obligations for the other Party’s
Confidential Information that constitutes trade secrets pursuant to Applicable Laws will
continue for so long as such Confidential Information continues to constitute a trade secret
under Applicable Law. Any Confidential Information that may be deemed Sensitive Security
Information by the Department of Homeland Security or any other similar Confidential
Information related to security will be considered trade secrets. Upon request by City,
Consultant will return any trade secrets to City. Each Party agrees to hold the Confidential
Information of the other in trust and confidence and will not disclose it to any Person, or use it
(directly or indirectly) for its own benefit or the benefit of any other Person other than in the
performance of its obligations under this Services Agreement.
11.2 Disclosure of Confidential Information or Information Other Party Deems to be
Confidential Information. Each Party will be entitled to disclose any Confidential Information if
compelled to do so pursuant to: (i) a subpoena; (ii) judicial or administrative order; or (iii) any
other requirement imposed upon it by Applicable Law. Prior to making such a disclosure, to the
extent allowed pursuant to Applicable Law, each Party shall provide the other with thirty six
(36) hours prior notice by facsimile of its intent to disclose, describing the content of the
information to be disclosed and providing a copy of the pleading, instrument, document,
communication or other written item compelling disclosure or, if not in writing, a detailed
description of the nature of the communication compelling disclosure with the name, address,
phone number and facsimile number of the Person requesting disclosure. Should the nondisclosing
Party contest the disclosure, it must: a) seek a protective order preventing such
disclosure; or b) intervene in such action compelling disclosure, as appropriate. This Section
shall be applicable to information that one Party deems to be Confidential Information but the
other Party does not.
12 Work Product.
12.1 Except as otherwise expressly provided in this Services Agreement, all reports,
information, data, specifications, drawings (conceptual, design, construction, conformed, etc.),
formulas, computer programs, technical reports, operating manuals and similar work or other
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documents, all deliverables, and other work product prepared or authored by Consultant or any
of its subconsultants exclusively for the City under this Services Agreement, and all intellectual
property rights associated with the foregoing items (collectively, the “Work Product”) shall be
and remain the sole and exclusive property of the City. Any of Consultant’s or its
subconsultants’ works of authorship comprised within the Work Product (whether created
alone or in concert with City or Third Party) shall be deemed to be “works made for hire” and
made in the course of services rendered and, whether pursuant to the provisions of Section 101
of the U.S. Copyright Act or other Applicable Law, such Work Product shall belong exclusively to
City. Consultant and its subconsultants grant the City a non-exclusive, perpetual, worldwide,
fully paid up, royalty-free license to all Work Product exclusively developed for City under this
Services Agreement.
12.2 If any of the Work Product is determined not to be a work made for hire,
Consultant assigns to City, worldwide and in perpetuity, all rights, including proprietary rights,
copyrights, and related rights, and all extensions and renewals of those rights, in the Work
Product. If Consultant has any rights to the Work Product that cannot be assigned to City,
Consultant unconditionally and irrevocably waives the enforcement of such rights and
irrevocably grants to City during the term of such rights an exclusive, irrevocable, perpetual,
transferable, worldwide, fully paid and royalty-free license, with rights to sublicense through
multiple levels of sublicensees, to reproduce, make, have made, create derivate works of,
distribute, publicly perform and publicly display by all means, now known or later developed,
such rights.
12.3 City shall have the sole and exclusive right to apply for, obtain, register, hold and
renew, in its own name or for its own benefit, all patents, copyrights, applications and
registrations, renewals and continuations and all other appropriate protection.
12.4 To the extent exclusive title or complete and exclusive ownership rights in any
Work Product created by Consultant Personnel may not originally vest in City by operation of
Applicable Law, Consultant shall immediately upon request, unconditionally and irrevocably
assign, transfer and convey to City all rights, title and interest in the Work Product.
12.5 Without any additional cost to City, Consultant Personnel shall promptly give City
all reasonable assistance and execute all documents City may reasonably request to enable City
to perfect, preserve, enforce, register and record its rights in all Work Product.
13 Audit and Inspection Rights.
13.1 General.
13.1.1 Consultant will provide to City, and any Person designated by City, access
to Consultant Personnel and to Consultant owned Facilities for the purpose of performing
audits and inspections of Consultant, Consultant Personnel and/or any of the relevant
information relating to the Services and this Services Agreement. Such audits, inspections and
access may be conducted to: (a) verify the accuracy of Charges and invoices; (b) examine
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Consultant’s performance of the Services; (c) monitor compliance with the terms of
this Services Agreement; and (d) any other matters reasonably requested by City. Consultant
shall provide full cooperation to City and its designated Persons in connection with audit
functions and examinations by regulatory authorities.
13.1.2 All audits and inspections will be conducted during business hours
(except with respect to Services that are performed during off-hours).
13.1.3 Consultant shall promptly respond to and rectify the deficiencies
identified in and implement changes suggested by any audit or inspection report.
13.1.4 If any audit or inspection of Charges or Services reveals that City has
overpaid any amounts to Consultant, Consultant shall promptly refund such overpayment and
Consultant shall also pay to City interest on the overpayment amount at the rate of one-half
percent (0.5%) per month (or such maximum rate permissible by Applicable Law, if lower) from
the date the overpayment was made until the date the overpayment is refunded to City by
Consultant.
13.2 Records Retention. Until the later of: (a) six (6) years after expiration or
termination of this Services Agreement; (b) the date that all pending matters relating to this
Services Agreement (e.g., disputes) are closed or resolved by the Parties; or (c) the date such
retention is no longer required to meet City’s records retention policy or any record retention
policy imposed by Applicable Law, if more stringent than City’s policy, Consultant will maintain
and provide access upon request to the records, data, documents and other information
required to fully and completely enable City to enforce its audit rights under this Services
Agreement.
14 Indemnification by Consultant.
14.1 General Indemnity. Consultant shall indemnify and hold City, its agencies and its
and their respective officers, directors, employees, advisors, and agents,
successors and permitted assigns, harmless from any losses, liabilities, damages,
demands and claims, and all related costs (including reasonable legal fees and
costs of investigation, litigation, settlement, judgment, interest and penalties)
arising from claims or actions based upon:
14.1.1 Consultant’s or Consultant Personnel’s performance, non-performance or
breach of this Services Agreement and/or any corresponding Task Order(s);
14.1.2 compensation or benefits of any kind, by or on behalf of Consultant
Personnel, or any subconsultant, claiming an employment or other relationship
with Consultant or such subconsultant (or claiming that this Services Agreement
creates an inherent, statutory or implied employment relationship with City or
arising in any other manner out of this Services Agreement or the provision of
Services by such Consultant Personnel or subconsultant);
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14.1.3 any actual, alleged, threatened or potential violation of any Applicable
Laws by Consultant or Consultant Personnel, to the extent such claim is based on
the act or omission of Consultant or Consultant Personnel, excluding acts or
omissions by or at the direction of City;
14.1.4 death of or injury to any individual caused, in whole or in part, by the
tortious conduct of Consultant or any Person acting for, in the name of, at the
direction or supervision of or on behalf of Consultant; and
14.1.5 damage to, or loss or destruction of, any real or tangible personal
property caused, in whole or in part, by the tortious conduct of Consultant or
any Person acting for, in the name of, at the direction or supervision of or on
behalf of Consultant.
14.2 Intellectual Property Indemnification by Consultant. Consultant shall indemnify
and hold City Indemnitees harmless from and against any losses, liabilities, damages, demands
and claims, and all related costs (including reasonable legal fees and costs of investigation,
litigation, settlement, judgment, interest and penalties) arising from claims or actions based
upon any of the processes, procedures, Work Product, materials and methodologies used by
Consultant (or any Consultant agent, contractor, subcontractor or representative), or City’s use
thereof (or access or other rights thereto) in connection with the Services, or any of the
Services themselves, infringes or misappropriates the Intellectual Property Rights of a Third
Party. If any processes, procedures, Work Product, materials, methodologies or Services
provided by Consultant hereunder is held to constitute, or in Consultant’s reasonable
judgment is likely to constitute, an infringement or misappropriation, Consultant will in
addition to its indemnity obligations, at its expense and option, and after consultation with
City regarding City’s preference in such event, either: (A) procure the right for City Indemnitees
to continue using such processes, procedures, Work Product, materials, methodologies or
Services; (B) replace such processes, procedures, Work Product, materials, methodologies or
Services with a non-infringing equivalent, provided that such replacement does not result in a
degradation of the functionality, performance or quality of the Services; (C) modify such
processes, procedures, Work Product, materials, methodologies or Services, or have such
processes, procedures, Work Product, materials, methodologies or Services modified, to make
them non-infringing, provided that such modification does not result in a degradation of the
functionality, performance or quality of the processes, procedures, Work Product, materials,
methodologies or Services; or (D) create a feasible workaround that would not have any
adverse impact on City.
15 Limitation of Liability.
15.1 General. THE MAXIMUM AGGREGATE LIABILITY OF CITY HEREUNDER IS LIMITED
TO THE TOTAL OF ALL CHARGES ACTUALLY PAID DURING THE CURRENT YEAR UNDER THE
SERVICES AGREEMENT. EXCEPT FOR PROVIDER’S INDEMNITY OBLIGATIONS SET FORTH IN THE
SECTION ENTITLED “INDEMNIFICATION BY CONSULTANT” AND WILLFUL MISCONDUCT OR
GROSS NEGLIGENCE BY PROVIDER, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT,
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CONSEQUENTIAL, OR PUNITIVE DAMAGES (OR ANY COMPARABLE CATEGORY OR FORM OF
SUCH DAMAGES, HOWSOEVER CHARACTERIZED IN ANY JURISDICTION), ARISING OUT OF OR
RESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER
THIS SERVICES AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
NEGLIGENCE, TORT, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE, AND EVEN IF
FORESEEABLE OR IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Exceptions to Limitations. The limitations set forth in the immediate subsection
shall not apply to: (a) personal injury, wrongful death or tangible property damage; (b) any
claim for infringement of intellectual property; (c) any breach of the Section entitled
“Confidential Information”; or (d) any claim involving a violation of any Applicable Law
concerning homeland security, terrorist activity or security sensitive information, regardless of
the manner in which such damages are characterized.
16 Insurance Requirements. Consultant shall comply with the insurance requirements set
forth on Exhibit D.
17 Force Majeure. Neither Party will be liable for default or delay in the performance of
its obligations under this Services Agreement to the extent such default or delay is caused by a
Force Majeure Event. Upon the occurrence of a Force Majeure Event, the non-performing
Party will be excused from performance or observance of affected obligations for as long as: (a)
the Force Majeure Event continues; and (b) the Party continues to attempt to recommence
performance or observance to the extent commercially reasonable without delay. If any Force
Majeure Event continues for thirty (30) consecutive days, City may, at its option during such
continuation, terminate this Services Agreement, in whole or in part, without penalty or further
obligation or liability of City.
18 Termination.
18.1 Termination by City for Cause. City may at its option, by giving written notice to
Consultant, terminate this Services Agreement or any Task Order:
18.1.1 for a material breach of the Services Agreement Documents by
Consultant that is not cured by Consultant within seven (7) days of the date on
which City provides written notice of such breach;
18.1.2 immediately for a material breach of the Services Agreement Documents
by Consultant that is not reasonably curable within seven (7) days;
18.1.3 immediately upon written notice for numerous breaches of the Services
Agreement Documents by Consultant that collectively constitute a material
breach or reasonable grounds for insecurity concerning Consultant’s
performance; or
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18.1.4 immediately for engaging in behavior that is dishonest, fraudulent or
constitutes a conflict of interest with Consultant’s obligations under this Services
Agreement or is in violation of any City Ethics Ordinances.
18.2 Re-procurement Costs. In addition to all other rights and remedies City may
have, if this Services Agreement is terminated by City pursuant to the above subsection entitled
“Termination by City for Cause”, Consultant will be liable for all costs in excess of the Charges
for all terminated Services reasonably and necessarily incurred by City in the completion of the
Services, including the cost of administration of any Services Agreement awarded to other
Persons for completion. If City improperly terminates this Services Agreement for cause, the
termination for cause will be considered a termination for convenience in accordance with the
provisions of the Section entitled “Termination by City for Convenience”.
18.3 Termination by City for Insolvency. City may terminate this Services Agreement
immediately by delivering written notice of such termination to Consultant if Consultant: (a)
becomes insolvent, as that term may be defined under Applicable Law, or is unable to meet its
debts as they mature; (b) files a voluntary petition in bankruptcy or seeks reorganization or to
effect a plan or other arrangement with creditors; (c) is adjudicated bankrupt or makes an
assignment for the benefit of its creditors generally; (d) fails to deny or contest the material
allegations of an involuntary petition filed against it pursuant to any Applicable Law relating to
bankruptcy, arrangement or reorganization, which is not dismissed within sixty (60) days; or (e)
applies for or consents to the appointment of any receiver for all or any portion of its property.
18.4 Termination by City for Convenience. At any time during the Term of this
Services Agreement or any issued Task Order, City may terminate this Services Agreement or
the Task Order for convenience upon fourteen (14) days written notice of such termination.
Upon a termination for convenience, Consultant waives any claims for damages, including loss
of anticipated profits. As Consultant’s sole remedy and City’s sole liability, City will pay Charges
for the Services properly performed prior to the notice of termination, plus all reasonable costs
for Services performed after the termination, as specified in such notice, and reasonable
administrative costs of settling and paying claims arising out of the termination of Services
under purchase orders or subcontracts except to the extent any products under such purchase
orders or subcontracts can be used by Consultant in its business within the thirty (30) days
following termination. If requested, Consultant shall substantiate such costs with proof
satisfactory to City.
18.5 Effect of Termination. Unless otherwise provided herein, termination of this
Services Agreement, in whole or in part and for any reason, shall not affect: (a) any liabilities or
obligations of either Party arising before such termination or out of the events causing such
termination; or (b) any remedies to which a Party may be entitled under this Services
Agreement, at law or in equity. Upon termination of this Services Agreement, Consultant shall
immediately: (i) discontinue Services on the date and to the extent specified in the notice and
place no further purchase orders or subcontracts to the extent that they relate to the
performance of the terminated Services; (ii) inventory, maintain and turn over to City all Work
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Product, licenses, equipment, materials, plant, tools, and property furnished by Consultant or
provided by City for performance of the terminated Services; (iii) promptly obtain cancellation,
upon terms satisfactory to City, of all purchase orders, subcontracts, rentals or any other
Services Agreements existing for performance of the terminated Services, or assign those
Services Agreements, as directed by City; (iv) comply with all other reasonable requests from
City regarding the terminated Services; and (v) continue to perform in accordance with all of
the terms and conditions of this Services Agreement any portion of the Services that are not
terminated.
19 Dispute Resolution.
19.1 All disputes under the Services Agreement Documents or concerning Services
shall be resolved under this Section and Exhibit E. Both Parties shall continue performing under
this Services Agreement while the Parties are seeking to resolve any such dispute unless, during
that time, this Services Agreement or any Task Order in dispute is terminated or expires. A
dispute over payment will not be deemed to preclude performance by Consultant.
19.2 Applicable Law. The Services Agreement Documents shall be governed by and
construed in accordance with the substantive laws of the State of Georgia without regard to its
choice of law principles.
19.3 Jurisdiction and Venue. The Parties hereby submit and consent to the exclusive
jurisdiction of the state courts of Fulton County, Georgia or in the United States District Court
for the Northern District of Georgia and irrevocably agree that all actions or proceedings
relating to this Services Agreement will be litigated in such courts, and each of the Parties
waives any objection which it may have based on improper venue or forum non conveniens to
the conduct of any such action or proceeding in such court.
19.4 Equitable Remedies. The Parties agree that, notwithstanding the provisions of
this Section, due to the unique nature of either Party’s Confidential Information, there may not
be an adequate remedy at law for a breach of the Section titled “Confidential Information”,
which breach may result in irreparable harm to the non-disclosing Party. Accordingly, in such
instance, the non-breaching Party shall be entitled to appropriate equitable relief in addition to
whatever remedies it might have at law.
20 General.
20.1 Notices. Any notices under this Services Agreement shall be in writing and sent
to the respective Party at the address on page 1 of this Services Agreement and shall be
deemed delivered: (a) when delivered by hand or courier or by overnight delivery with
signature receipt required; (b) when sent by confirmed facsimile with a copy sent by another
means specified in this Section; or (c) three (3) days after the date of mailing by United States
certified mail, return receipt requested, postage prepaid. Any Party may change its address for
communications by notice in accordance with this Section.
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20.2 Waiver. Any waiver by the Parties or failure to enforce their rights under this
Services Agreement shall be deemed applicable only to the specific matter and shall not be
deemed a waiver or failure to enforce any other rights under this Services Agreement, and this
Services Agreement shall continue in full force and effect as though such previous waiver or
failure to enforce any rights had not occurred. No supplement, modification, amendment or
waiver of this Services Agreement will be binding on City unless executed in writing by the City
Authorized Representative.
20.3 Assignment. Neither this Services Agreement, nor any rights or obligations
under it, are assignable in any manner without the prior written consent of the other Party and
any attempt to do so without such written consent shall be void ab initio.
20.4 Publicity. Consultant shall not make any public announcement, communication
to the media, take any photographs or release any information concerning City, the Services or
this Services Agreement without the prior written consent of City.
20.5 Severability. In the event that any provision of this Services Agreement is
declared invalid, unenforceable or unlawful, such provision shall be deemed omitted and shall
not affect the validity of other provisions of this Services Agreement.
20.6 Further Assurances. Each Party shall provide such further documents or
instruments required by the other Party as may be reasonably necessary to give effect to this
Services Agreement.
20.7 No Drafting Presumption. No presumption of any Applicable Law relating to the
interpretation of contracts against the drafter shall apply to this Services Agreement.
20.8 Survival. Any provision of this Services Agreement which contemplates
performance or observance subsequent to any termination or expiration of this Services
Agreement or which must survive in order to give effect to its meaning, shall survive the
expiration or termination of this Services Agreement.
20.9 Independent Consultant. Consultant is an independent consultant of City and
nothing in this Services Agreement shall be deemed to constitute Consultant and City as
partners, joint venturers, or principal and agent, or be construed as requiring or permitting the
sharing of profits or losses. Neither Party has the authority to represent or bind or create any
legal obligations for or on behalf of the other Party.
20.10 Third Party Beneficiaries. This Services Agreement is not intended, expressly or
implicitly, to confer on any other Person any rights, benefits, remedies, obligations or liabilities.
20.11 Cumulative Remedies. Except as otherwise provided herein, all rights and
remedies under this Services Agreement are cumulative and are in addition to and not in lieu of
any other remedies available under Applicable Law, in equity or otherwise.
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20.12 Entire Services Agreement. The Services Agreement Documents contain the
entire Services Agreement of the Parties relating to their subject matter and supersede all
previous communications, representations or Services Agreements, oral or written, between
the Parties with respect to such subject matter. This Services Agreement may only be amended
or modified by a writing executed by each Party’s authorized representative and each such
writing shall be deemed to incorporate the Services Agreement Documents, except to the
extent that City is authorized under Applicable Law to issue Unilateral Change Documents.
CONSULTANT MAY NOT UNILATERALLY AMEND OR MODIFY THIS SERVICES AGREEMENT BY
INCLUDING PROVISIONS IN ITS INVOICES, OR OTHER BUSINESS FORMS, WHICH SHALL BE
DEEMED OBJECTED TO BY CITY AND OF NO FORCE OR EFFECT.
20.13 Unauthorized Goods or Services. Consultant acknowledges that this Services
Agreement and any changes to it by amendment, modification, change order or other similar
document may have required or may require the legislative authorization of the City’s Council
and approval of the Mayor. Under Georgia law, Consultant is deemed to possess knowledge
concerning the City’s ability to assume contractual obligations and the consequences of
Consultant’s provision of goods or services to the City under an unauthorized contract,
amendment, modification, change order or other similar document, including the possibility
that Consultant may be precluded from recovering payment for such unauthorized goods or
services. Accordingly, Consultant agrees that if it provides goods or services to the City under a
contract that has not received proper legislative authorization or if Consultant provides goods
or services to the City in excess of the any contractually authorized goods or services, as
required by the City’s Charter and Code, the City may withhold payment for any unauthorized
goods or services provided by Consultant. Consultant assumes all risk of non-payment for the
provision of any unauthorized goods or services to the City, and it waives all claims to payment
or to other remedies for the provision of any unauthorized goods or services to the City,
however characterized, including, without limitation, all remedies at law or equity.
20.14 Standards of Performance; Applicable To Services. Consultant agrees that the
services provided herein shall conform to the professional standards of care and practices
customarily expected of professional program management firms engaged in performing
comparable work, that the Personnel furnishing the Services shall be qualified and competent
to perform adequately the services assigned to them; and that the recommendation, guidance
and performance of such personnel shall reflect such standards of professional knowledge and
judgment to the extent required by applicable law.
21 State Law Requirements.
21.1 Illegal Immigration Reform and Enforcement Act. Pursuant to O.C.G.A. 13-10-91
et seq., Consultant is required to execute the Consultant Affidavit, attached hereto as Form 1
and by this reference incorporated herein. Compliance with this state law requirement is a
material term of this contract.
22 City of Atlanta Code Requirements.
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22.1 Consultant Required to Certify Prompt Payment of Subconsultants and Suppliers.
The Consultant shall certify in writing that all subconsultants and suppliers have been paid
promptly for work and materials from previous progress payments received (less any retainage)
by the Consultant prior to receipt of any further progress payments. Consultant is required to
pay subconsultants or suppliers funds due from progress payments within three business days
of receipt of such payment from the City.
22.2 Consultant Required to Certify Satisfaction of all Underlying Obligations. Before
final payment is made to Consultant by the City, the Consultant shall certify to the City in
writing, in a form satisfactory to the City, that all subconsultants, materialmen suppliers and
similar firms or persons involved in the City contract have been paid in full at the time of final
payment to the Consultant by the City or will be paid in full utilizing the monies constituting
final payment to the Consultant.
22.3 Contingent Fees Prohibited. The Consultant warrants that it has not employed
or retained any company or person, other than a bona fide employee working for the
Consultant, to solicit or secure this contract; and that the Consultant has not paid or agreed to
pay any person, company, association, corporation, individual or firm, other than a bona fide
employee working for the Consultant, any fee, commission, percentage, gift or any other
consideration contingent upon or resulting from the award or making of this agreement. For
the breach or violation of the above warranty, and upon a finding after notice and hearing, the
City shall have the right to terminate the contract without liability, and, at its discretion, to
deduct from the contract, or otherwise recover the full amount of, such fee, commission,
percentage, gift or consideration.
22.4 Prohibition against Contracting with Predatory or High Cost Lenders. By signing
below, the Consultant, or its authorized agent, certifies, under penalty of perjury, that this
Agreement is made by a person or business entity that is neither a predatory lender nor a high
cost lender, nor is the Consultant an affiliate of a predatory lender or a high cost lender, as
defined by City of Atlanta Code Section 58-102. The undersigned Consultant, or authorized
agent, further certifies that he/she is an agent duly authorized to sign this certification on
behalf of the Consultant.
22.5 Prohibition on Kickbacks or Gratuities. In accordance with the City of Atlanta’s
Code of Ordinances, Section 2-1484, as may be amended, it shall be unethical for any person to
offer, give or agree to give any employee or former employee or for any employee or former
employee to solicit, demand, accept or agree to accept from another person a gratuity or an
offer of employment in connection with any decision, approval, disapproval, recommendation,
preparation or any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering of advice, investigation,
auditing or in any other advisory capacity in any proceeding or application, request for ruling,
determination, claim or controversy or other particular matter pertaining to any program
requirement or a contract or subcontract or to any solicitation or proposal therefore.
Additionally, it shall be unethical for any payment, gratuity or offer of employment to be made
64 | FC-9621, Small A&E Design Services at H-JAIA
by or on behalf of a subconsultant under a contract to the prime Consultant or higher tier
subconsultant or any person associated therewith as an inducement for the award of a
subcontract or order.
22.6 Fraud and misrepresentation. Any written or oral information provided by
Consultant directly or indirectly related to the performance of the services required by this
Agreement, constitutes material representations upon which the City relies for the
requirements of the Agreement and compliance with local, state and federal laws, rules and
regulations. Consultant agrees to notify the City immediately of any information provided to
the City that it knows and/or believes to be false and/or erroneous and immediately provide
correct information to the City and take corrective action. Consultant further agrees to notify
the City immediately of any actions or information that it believes would constitute fraud or
misrepresentation to the City in performance of this Agreement, whether or not such
information actually constitutes fraud and/or misrepresentations, by contacting the Integrity
Line 1-800-884-0911. Consultant agrees to place signage provided by the City regarding the
Integrity Line at the location to which Consultant’s employees report to perform the services
required by this Agreement. Consultant acknowledges and agrees that a finding of fraud or
other impropriety on the part of the Consultant or any of its subconsultants may result in
suspension or debarment of the Consultant; and the City may pursue any other actions or
remedies that the City may deem appropriate. Consultant agrees to include this clause in its
subcontracts and take appropriate measures to ensure compliance with this provision.
22.7 Equal Employment Opportunity (EEO) Provision. All bidders or offerors will be
required to comply with sections 2-1200 and 2-1414 of the City of Atlanta Code of Ordinances,
as follows: During the performance of the agreement, the Consultant agrees as follows:
(a) The Consultant shall not discriminate against any employee, or applicant
for employment, because of race, color, creed, religion, sex, domestic
relationship status, parental status, familial status, sexual orientation,
national origin, gender identity, age, disability, or political affiliation. As
used here, the words "shall not discriminate" shall mean and include
without limitation the following:
Recruited, whether by advertising or other means; compensated, whether
in the form of rates of pay, or other forms of compensation; selected for
training, including apprenticeship; promoted; upgraded; demoted;
downgraded; transferred; laid off; and terminated.
The Consultant agrees to and shall post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the
contracting officers setting forth the provisions of the EEO clause.
(b) The Consultant shall, in all solicitations or advertisements for employees,
placed by or on behalf of the Consultant, state that all qualified applicants
will receive consideration for employment without regard to race, color,
65 | FC-9621, Small A&E Design Services at H-JAIA
creed, religion, sex, domestic relationship status, parental status, familial
status, sexual orientation, national origin, gender identity, age, disability,
or political affiliation.
(c) The Consultant shall send to each labor union or representative of
workers with which the Consultant may have a collective bargaining
agreement or other contract or understanding a notice advising the labor
union or workers' representative of the Consultant's commitments under
the equal employment opportunity program of the City of Atlanta and
under the Code of Ordinances and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment. The Consultant shall register all workers in the skilled trades
who are below the journeyman level with the U.S. Bureau of
Apprenticeship and Training.
(d) The Consultant shall furnish all information and reports required by the
contract compliance officer pursuant to the Code of Ordinances, and shall
permit access to the books, records, and accounts of the Consultant
during normal business hours by the contract compliance officer for the
purpose of investigation so as to ascertain compliance with the program.
(e) The Consultant shall take such action with respect to any subconsultant as
the city may direct as a means of enforcing the provisions of paragraphs
(a) through (h) herein, including penalties and sanctions for
noncompliance; provided, however, that in the event the Consultant
becomes involved in or is threatened with litigation as a result of such
direction by the city, the city will enter into such litigation as is necessary
to protect the interest of the city and to effectuate the equal employment
opportunity program of the city; and, in the case of contracts receiving
federal assistance, the Consultant or the city may request the United
States to enter into such litigation to protect the interests of the United
States.
(f) The Consultant and its subconsultants, if any, shall file compliance reports
at reasonable times and intervals with the city in the form and to the
extent prescribed by the contract compliance officer. Compliance reports
filed at such times directed shall contain information as to employment
practices, policies, programs and statistics of the Consultant and its
subconsultants.
(g) The Consultant shall include the provisions of paragraphs (a) through (h)
of this equal employment opportunity clause in every subcontract or
purchase order so that such provisions will be binding upon each
subconsultant or vendor.
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(h) A finding, as hereinafter provided, that a refusal by the Consultant or
subconsultant to comply with any portion of this program, as herein
provided and described, may subject the offending party to any or all of
the following penalties:
(1) Withholding from the Consultant in violation all future payments
under the involved contract until it is determined that the
Consultant or subconsultant is in compliance with the provisions
of the contract;
(2) Refusal of all future bids for any contract with the City of Atlanta
or any of its departments or divisions until such time as the
Consultant or subconsultant demonstrates that there has been
established and there shall be carried out all of the provisions of
the program as provided in the Code of Ordinances;
(3) Cancellation of the public contract;
(4) In a case in which there is substantial or material violation of the
compliance procedure herein set forth or as may be provided for
by the contract, appropriate proceedings may be brought to
enforce those provisions, including the enjoining, within
applicable law, of Consultants, subconsultants or other
organizations, individuals or groups who prevent or seek to
prevent directly or indirectly compliance with the policy as herein
provided.
[SIGNATURES ON NEXT PAGE]
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The Parties hereto by authorized representatives have executed this Services Agreement as of
the Effective Date.
Owner:
City of Atlanta
Mayor
Municipal Clerk (Seal)
Approved:
Aviation General Manager
Assistant Aviation General Manager
Chief Procurement Officer
Approved as to form:
Senior Assistant City Attorney
Consultant:
Signature:
Name:
Title:
Corporate Secretary/Assistant
Secretary (Seal)
68 | FC-9621, Small A&E Design Services at H-JAIA
City of Atlanta, Hartsfield-Jackson Atlanta International Airport FC-9621, Small A&E Design Services at H-JAIA
EXHIBIT A: GENERAL SCOPE OF
SERVICES
69 | FC-9621, Small A&E Design Services at H-JAIA
EXHIBIT A
GENERAL SCOPE OF SERVICES
1.0 BACKGROUND
The City engages the Consultant to provide on an as needed basis technical, professional
Architectural and Engineering Design Services for various Department of Aviation (DOA)
projects as broadly described in the Scope of Services for FC-9621, Small Architectural
and Engineering Design Engineering Design Services at Hartsfield-Jackson Atlanta
International Airport.
H-JAIA is located 10 miles from downtown Atlanta on approximately 4,700 acres. The
airport’s corporate boundaries reach into the political jurisdictions of unincorporated
Clayton County, unincorporated Fulton County, and the cities of College Park, East Point,
Hapeville, and Atlanta. H-JAIA has consistently ranked as one of the highest rated large
airports in North America for airport performance and customer service, and highest
rated in the world for its efficiency.
H-JAIA is home to the largest, single airline hubbing operation (Delta Air Lines) in the
world. The Central Passenger Terminal Complex (CPTC) currently has approximately 6.8
million square feet of facilities including the domestic terminal, international terminal,
and seven (7) concourses with 151 domestic gates and 40 international gates, which are
all served by a central, underground Automated People Mover (APM) system and
pedestrian mall.
Over 200 concessions, including food and beverage, retail shops, and business services
are located throughout the CPTC. The current concessions upgrade program is 90%
complete with approximately 150 new stores opened within the last two years.
Currently, 14 passenger airlines and 16 all-cargo airlines serve H-JAIA. The airfield
consists of 5 parallel runways measuring between 9,000 and 12,390 feet long. The
airfield totals approximately 5,000,000 square yards of pavement. The airport provides
more than 30,000 public parking spaces, 14,500 of those spaces in parking decks. Upon
the opening of the new international terminal an additional 3,000+ parking spaces were
added.
A Metropolitan Atlanta Rapid Transit Authority (“MARTA”) rail station, measuring 5,300
square feet, provides rapid rail service to the City of Atlanta as well as areas of DeKalb
and Fulton Counties. The station is located inside the airport terminal on the west end.
Cargo facilities for the Airport are located in three main complexes (North, Midfield, and
South Cargo Complexes), and include a perishables and equine complex. The total onairport
cargo warehouse space totals approximately 2,000,000 square feet.
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Additionally, the Rental Car Center (a consolidated rental car facility) is connected to the
terminal via an elevated people mover system named the ATL SkyTrain. The 67.5 acre
facility houses all rental car company operations and vehicles. The rental car center
includes two four-story parking decks, more than 8,700 parking spaces and a 137,000
square foot customer service center. The rental car center currently accommodates 13
rental car agencies.
2.0 STANDARDS OF PERFORMANCE; APPLICABLE TO SERVICES
Consultant agrees that the services provided herein shall conform to the professional
standards of care and practices customarily expected of professional design firms
engaged in performing comparable work, that the Personnel furnishing the Services
shall be qualified and competent to perform adequately the services assigned to them;
and that the recommendation, guidance and performance of such personnel shall
reflect such standards of professional knowledge and judgment to the extent required
by applicable law. Consultant’s employees must hold appropriate professional Georgia
licenses.
Consultant shall conform to the Hartsfield-Jackson Atlanta International Airport DOA
A&E Design Guidelines located on the internet at http://apps.atlantaairport.
com/engineeringguidelines/elements.asp?submod=main&type_id=1.
3.0 COORDINATION
3.1 The Consultant is responsible for the following:
3.1.1 The Consultant will coordinate all work elements required for
integration into the H-JAIA Capital Improvement Program. Project
coordination shall be done in a manner to ensure that the varying
project components are technically and functionally consistent.
4.0 CITY’S RIGHTS TO REVIEW AND REJECT
4.1 Any Contract Drawings and Technical Specifications and other documents or
items to be submitted or prepared by the Consultant hereunder shall be subject
to the review of the Aviation General Manager or his designated representative.
The Aviation General Manager may disapprove, if in his sole opinion the items
are not in accordance with the requirements of this Contract, sound
architectural/engineering principles, or are impractical, non-constructable,
uneconomical or unsuited in any way for the purposes for which the
contemplated construction is intended. If any of the said items or any portion
thereof are so disapproved, the Consultant shall revise the items until they meet
the approval of the General Manager. However, the Consultant shall not be
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compensated under any provision of this Contract for repeated performance of
such disapproved revisions.
4.2 No approval or disapproval or omission to approve or disapprove, however, shall
relieve the Consultant of his responsibility under this Contract to furnish in
accordance with an agreed upon schedule a complete, practical, economical
design and Contract Drawings and Technical Specifications. This includes, but is
not limited to corrections, and changes which are best suited for the
contemplated construction, which are to be done in accordance with sound
engineering principles and are signed and sealed by a Professional Architect or
Engineer, licensed in the State of Georgia.
5.0 PROJECT TEAM
5.1 The City believes that the essential characteristic of a Consultant is its ability to
work with the DOA and others as a team. The City’s projects are essential to the
operation of the airport and must be completed within specific time frames and
budget requirements.
5.2 The Department of Aviation’s Planning & Development organization has the
responsibility for the implementation and management of the Capital
Improvement Program at Hartsfield-Jackson Atlanta International Airport.
Planning and Development is assisted by a variety of Consultant firms who assist
in managing projects through the Planning, Design, and Construction phases.
During the term of the Contract, the Consultant will report to the DOA’s Planning
& Development team and their Designated Representatives and interact with a
variety of DOA Consultants such as architects, design engineers, planners, and
Contractors.
6.0 INITIATION OF SERVICES
6.1 The City engages the Consultant to provide technical, professional and other
services for various DOA projects as broadly described in the Scope of Services
FC-9621, Small Architectural & Engineering Design Services at H-JAIA (RFP). The
City reserves the right to use A/E Team to perform planning services.
6.2 The intent of this Contract is for Consultant to provide some or all of the
technical, professional, architectural and engineering services for DOA, by Task
Order, on an as needed basis. However, the City is not bound to issue any
Notice-to-Proceed or Work Authorization under this Contract.
6.3 If the City requests that Consultant perform Services under this Contract, the City
will give Consultant fifteen (15) days prior written notice setting forth City’s
proposed Scope of Services. Consultant must respond to City in writing within
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fifteen (15) days after receipt of City’s proposal for Services, including submittal
of estimate of the costs associated with the Services, and other details necessary
for the proper performance of the proposed Services. The City may accept or
reject the proposal or decline to pursue such Services if it is in the best interest
of the City.
6.4 Consultant must prepare and submit to City a detailed cost estimate specifying
the hours and costs required for each of the Service Elements. For a design
project, this estimate shall be based on a breakdown of anticipated drawings to
be produced, the various phases of design and all supporting tasks necessary to
develop the final construction documents. In addition to charges for labor,
Consultant must, if appropriate, indicate the costs for subconsultants,
reproduction and any other out-of-pocket expenses expected to be incurred.
The City reserves the right to validate Consultant’s cost estimate prior to
acceptance.
6.5 After Consultant’s development of a cost estimate, the City may enter into
negotiations with the Consultant regarding those Services and the compensation
that will be paid for the Services.
6.6 Negotiations will be based upon the data submitted by Consultant and an
evaluation of the specific work hours required for each Services Element.
6.7 Based upon its own independent cost analysis, the City may identify differences
in the work hour estimates and reject any cost proposals submitted by
Consultant, or request modifications to those cost estimates. Before a Work
Authorization for Services is issued, if at all, the City and Consultant must reach a
mutual agreement concerning the scope and costs of the Services.
6.8 The record of negotiations and all attachments with respect to the Services may
be submitted by the City to the FAA for a reasonableness of cost determination,
if all or any portion of the Services relate to an FAA Airport Improvement grant.
6.9 If the City and Consultant reach an agreement concerning the Scope of Services
and the not to exceed amount of compensation, a Work Authorization
supported by appropriate legislation appropriating funding for the compensation
for the Services will be issued by the City. The City may cancel any Task Order or
Notice to Proceed (NTP) at any time for its Convenience if it’s in the best interest
of the City. If any Task Order is cancelled prior to completion, the City will pay
for authorized work that has been satisfactorily completed.
6.10 The City may cancel an outstanding NTP or Task Order at any time at the City’s
convenience if it is in the City’s best interest. Upon the cancellation of an
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outstanding NTP, the City will pay the Consultant for any authorized work which
has been satisfactorily performed up to and through the date of cancellation.
6.11 Consultant’s Rights upon Termination by City for Default or Immediate
Termination. Consultant will be entitled to compensation due and owing to it as
of the termination of this Contract by the City for default or the immediate
termination of this Contact for all Deliverables which have been completed,
delivered to the City and found satisfactory to the City prior to the termination
date. All Deliverables which are incomplete as of the termination date, and all
associated materials utilized by Consultant in the preparation of those
Deliverables, will be turned over to the City within ten (10) calendar days of
termination of this Contract for default or by immediate termination. Consultant
will be entitled to no additional compensation under this Contract as of the
effective date of termination of this Contract pursuant to the Clauses titled
“Termination for Default” or “Immediate Termination”. If the cost to the City to
complete an Incomplete Deliverable exceeds the cost allocated to that
Deliverable, as set forth in Exhibit C, Compensation, the City will invoice
Consultant for that additional cost and Consultant must pay that invoice within
thirty (30) days of its receipt.
7.0 BASIC SERVICES
7.1 It is understood and agreed by the Consultant that the services performed under
this Contract shall include, but are not be limited to, those services described
below and the extent desired by the City. The Consultant’s Basic Services include
normal architectural, civil, structural, mechanical, fire protection, electrical
engineering and specialty services. The Consultant shall perform all services and
make all submittals and deliverables in accordance with the City’s “Policies and
Procedures” which includes but not limited to sections for Design Guidelines
Manual, Quality Procedures, Program Control Procedures and Project
Management Manual adopted by the DOA for all phases of the project.
7.2 The Consultant’s Basic Services consists of the following design services phases:
7.2.1 Schematic Design Phase. The Consultant’s scope of work during this
project phase shall be to provide Schematic Design documents based
upon the approved program, design and construction schedule and
construction budget established during the Planning Phase. The
Consultant must first review the scope and program along with other
supporting information and confirm that the construction budget and
project schedule is adequate to meet the project scope. The
Schematic Design Documents shall establish the conceptual design for
all components of the project by means of drawings, models and 3-D
animations, lists of assumptions, updated programmatic criteria, Basis
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of Design Reports, Preliminary Design calculations, preliminary cost
estimates, and project schedules. Provide a utility usage validation
report.
7.2.2 The Schematic Design documents shall validate the conceptual design
of the project illustrating the scale and relationship of the project
components by providing:
7.2.2.1 Layout plans, to the extent necessary, to show the overall
dimensional configuration and constraints of the facilities to
be provided. The layouts shall show two and threedimensional
relationships of flow and function required in the
facility sufficient for operational review and approval.
7.2.2.2 Cost estimates reflecting recent cost factors, cost of escalation
impact factors and phasing schedules showing how the
proposed facility must be integrated into operational, funding,
and/or other project design and construction schedules.
7.2.2.3 Project schedules reflecting the proposed design and
construction time frames necessary to complete the project.
7.2.3 Design Development Phase.
7.2.3.1 The purpose of this submittal is for the City to determine if the
approach of the Consultant reflects a thorough understanding
of the design task at the earliest feasible stage in the design
process. All major design concepts, systems, materials and
features will have been defined, plus costs, schedule and
phasing (including interface with adjoining or impacted
projects), to achieve project objectives, so that all critical,
major design decisions are made, approved and documented.
Based upon the approved Schematic Design Submittal, the
Consultant shall provide Design Development documents that
illustrate and describe the components of the project,
establishing scope, cost, relationships, forms, size, appearance
and quality.
7.2.3.2 Based on the approved Schematic Design Documents and any
adjustments authorized by the DOA in the program, Project
budget, or Project schedule the Consultant shall prepare, for
approval by the DOA, Design Development Documents
consisting of drawings and other documents to fix and
describe the size and character of the entire Project as to civil,
75 | FC-9621, Small A&E Design Services at H-JAIA
architectural, structural, mechanical and electrical systems,
materials and such other elements as may be appropriate.
7.2.3.3 The Consultant shall incorporate all previous review
comments.
7.2.3.4 The Consultant shall submit to the DOA a Statement of
Probable Construction Costs and an updated Project schedule.
7.2.4 Construction Documents Phase.
7.2.4.1 Construction Documents (Final – 100%). This submittal shall
comprise completed construction Contract documents,
satisfying all previous review comments and suitable for public
bidding and construction. Final quality control elements
performed by the Consultant such as inter-discipline
coordination, peer reviews and document and calculation
checking have been completed and incorporated. Any work
remaining at this stage should be only minor corrections to
resolve any discrepancies discovered during the final review.
Included as part of this design submittal shall be a proposed
construction schedule and estimate that lists all items by
specification section that is to be submitted for review and
approval.
7.2.4.2 Construction Documents (Corrected Final). This final
submittal of all construction contract documents and all
outstanding actions and work shall incorporate all review
comments by the Final Review. This set shall be to
demonstrate compliance with all remaining comments.
Deliverables include the Consultant annotated response to
design review comments; an original signed letter by the
Architect- or Engineer-of-Record certifying that the design as
submitted is in accordance with prevailing and applicable
codes; a complete list of all drawings submitted for final Code
review; the final cost estimate; the construction submittal
schedule; the construction schedule, including phasing; and
final specifications, drawings and calculations. All items shall
have appropriate State of Georgia Engineer or Registered
Architect seal affixed with signature superimposed.
7.2.4.3 The Consultant shall submit to the DOA a Statement of
Probable Costs and the Consultant shall advise the DOA of any
adjustments to previous Statements of Probable Construction
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Cost indicated by changes in requirements or general market
conditions.
7.2.4.4 The Consultant shall assist the DOA in connection with the City
responsibility for filing documents required for the approval of
governmental authorities having jurisdiction over the Projects
and specifically in obtaining any and all necessary permits
required for approval and/or construction.
7.2.4.5 The Consultant shall also coordinate all phases of the work in
all respects with planning and work being done by others,
including utility companies, as directed by the DOA.
7.2.4.6 The Consultant shall incorporate all previous review
comments.
7.2.5 Bid and Award Phase
7.2.5.1 Bidding Documents – Consultant shall certify that the bidding
documents comply with all project requirements, previous
review comments and permitting agency or other authorityhaving-
jurisdiction requirements, including any previously
received comments from the City of Atlanta Bureau of
Buildings, DOA, Insurance Company, Federal Aviation
Administration (FAA), and any other Local, State and Federal
Agency having jurisdiction. Re-submittal for review is not
normally required unless critical deficiencies remain
unresolved from the Corrected Final Document review.
7.2.5.2 Procurement Documents – Prepare procurement Documents
to be used for normal bidding, Purchase Order or On-Call
Assignment contracts.
7.2.5.3 Addenda – Prepare all necessary addenda as required to
revise the bid documents.
7.2.5.4 Bid Analysis – The Consultant may provide bid analysis of bid
documents furnished by the City and develop a report
outlining bidding discrepancies and pricing differences from
the Consultant’s Architect’s or Engineer’s Estimate compared
to bid/proposal estimates.
7.2.5.5 Permitting - Prepare permitting/filing documents that have
been conformed to include all addenda issued during the bid
period. The permitting/filing documents shall be filed at the
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conclusion of the bid period by the DOA, on behalf of the A/E
Consultant, with all regulatory agencies and authoritieshaving-
jurisdiction. The A/E Consultant shall assist the DOA,
as required, with the preparation of any permit
applications/filing paperwork and shall participate in any
meetings required by the reviewing agencies and authoritieshaving-
jurisdiction. The A/E Consultant shall revise any
documents, as required, to obtain approvals of the reviewing
agencies and authorities-having-jurisdiction.
7.2.5.6 Issued for Construction Documents - Prepare conformed
contract documents, stamped “Issued for Construction.” All
interim revision clouds, descriptions and revision triangles
shall be removed and the revision block shall be updated to
revision 0 with the issued date and “Issued for Construction”
description that have been revised to include all addenda
issued during the bid period and any changes required by final
regulatory agency and authority-having-jurisdiction review
comments.
7.2.6 Construction Administration (CA) Service. The Construction
Administration Service will commence with the NTP of the Contract for
Construction and, together with the Consultant’s obligation to provide
Basic Services under this Contract, will terminate when final payment
is approved and released to the Consultant as otherwise agreed in
writing. To the extent practicable, the City will request the same
Design Consultant which designs a particular portion of the project to
also provide CA services for that project as described below:
7.2.6.1 After the award of a Contract for construction, the
Consultant’s services shall include such visits to the site of the
project as may be required by the City to become generally
familiar with the progress and quality of the work and to
determine in general if the Work is proceeding in accordance
with the Contract Documents.
7.2.6.2 The Consultant shall prepare a Field Observation Report
documenting the Consultant’s findings after each site visit and
attend periodic construction coordination meetings.
7.2.6.3 The Consultant’s services shall also include the review and
approval of the Contractor’s submittals such as shop drawings,
product data, and samples to assure adherence to the intent
of the working drawings and specifications. Such actions shall
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be taken with reasonable promptness so as to cause no delay.
Other services required include responses to the Contractor’s
Requests for Information (RFI) and any resulting design
amendments or changes.
7.2.6.4 The Consultant shall not be responsible for the Contractor’s
failure to carry out construction in accordance with the
working drawings and specifications. It is mutually agreed,
however, that the Consultant is obligated to report promptly
to the City any known defects or deficiency in the Contractor’s
work or materials.
7.2.6.5 The Consultant shall attend and participate in regular
construction coordination meetings, as well as issues meetings
and pre-activity meetings.
7.2.7 Project Commissioning, Start-Up and Testing
7.2.7.1 Commissioning is a systematic process of ensuring that all
building systems perform interactively according to the design
intent and the City’s operational needs, and that new or
renovated facilities are ready for transition from construction
to operation with minimal disruption and negative impact to
users and operators. This is achieved by beginning at the
design phase with documented design and operating intent
and continuing through the construction and acceptance with
actual verification of performance. The PM/CM shall
coordinate all start-up requirements with the Consultant to
ensure they are properly identified in the Contract technical
specification sections. The Consultant’s basic services shall
consist of:
7.2.7.1.1 Reviewing and approving/disapproving the
Contractor’s performance test procedures and
start-up procedures.
7.2.7.1.2 Reviewing and approving/disapproving the
Contractor’s Test Reports and Certificates.
7.2.7.1.3 Reviewing and approving/disapproving the
Contractor’s Equipment Inventory sheets.
7.2.7.1.4 Reviewing and approving/disapproving the
Contractor’s computer program submittals.
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7.2.7.1.5 Reviewing and approving/disapproving the
Contractor’s training plan and training schedule.
7.2.7.1.6 Witnessing equipment and systems testing and
start-up.
7.2.8 Project Close-Out
7.2.8.1.1 The Project Close-Out phase is initiated upon notice
from the Contractor that the Work, or a designated
portion which is acceptable to the DOA, is sufficiently
complete, in accordance with the Contract Documents,
to permit occupancy or utilization for the use for which
it is intended. The Consultant’s basic services shall
consist of:
7.2.8.1.1.1 Obtaining from the CM information
certified by Contractor on all changes
made during construction from the initial
Contract Documents and on the location of
concealed systems as installed during
construction.
7.2.8.1.1.2 Review of general accuracy of information
submitted and certified by the Contractor.
7.2.8.1.1.3 Preparation of electronic AutoCAD
drawings, based on information furnished
by the CM including changes in the work
made during construction.
7.2.8.1.1.4 Transmittal of final as-built record drawings
and general data, appropriately identified,
to the CM or the City.
7.2.8.1.1.5 During final inspection, assisting the CM
and the City or its Designated
Representative in the development of the
punch-list items to be completed by the
Contractor.
7.2.8.1.1.6 Assisting the CM with the determination of
the amounts to be withheld until final
inspection.
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7.2.8.1.1.7 Assisting the CM with the Provisional
Acceptance Inspection to verify final
completion of the Punch-list items and the
work.
8.0 RESOURCES AND COST LOADED DESIGN SCHEDULE
8.1 Submittal of Resource and Cost Loaded Design Schedule. Consultant shall,
within ten (10) calendar days of Contract Notice to Proceed and before the first
progress payment is made, submit to the City’s Representative for his written
approval a Resource and Cost Loaded Design Schedule. The Consultant shall use
Primavera Project Planner (P3) for all schedule submittals on this Contract. The
Consultant shall submit the Resource and Cost Loaded Design Schedule in an
electronic format acceptable to the City’s Representative. The Resource and Cost
Loaded Design Schedule submittal shall contain an Early Start Bar Chart plot and
a Precedence Network Diagram plot using the critical path method (CPM) to
show each individual essential activity in sequence to meet the Contract
Milestones set forth in a Task Order. The diagram shall show progress to date,
durations, and dependencies including items to be furnished by the City. It shall
show total project float and portray the complete and continuous critical path
throughout the project. Float shall not be considered to be for the exclusive
benefit of either the City or Consultant. Extensions of time for performance
required under other Contract clauses shall be made only to the extent that
equitable time adjustments for affected activities exceed the total float available
along their paths.
8.2 List of Activities. The activity listing shall show the following information for
each activity on the diagram:
8.2.1 Identification by activity number;
8.2.2 Description of the task or event;
8.2.3 Duration;
8.2.4 Cost and resource loadings for all scheduled activities;
8.2.5 Notes, caveats, assumptions;
8.2.6 Earliest start and finish dates;
8.2.7 Latest start and finish dates;
8.2.8 Progress, physical percent complete and actual remaining duration.
8.3 Narrative Description. In addition Consultant shall submit a complementary and
detailed narrative description of its plan for performing the Work. The narrative
description shall summarize the overall approach to design sequencing.
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8.4 Schedule Changes. Consultant shall not make any changes to the approved
Resource and Cost Loaded Schedule without written approval from the City’s
Representative. Any revisions to the Resource and Cost Loaded Schedule must
meet the requirements for completion of all or any separable part of the Work
as set forth in this Contract.
8.5 Consultant shall submit to the City’s Representative periodic reports in writing
on the actual progress. Such progress reports shall include the following:
8.5.1 Monthly. Copies of the approved Resource and Cost Loaded Schedule
showing actual progress to date for each activity, as compared to
planned progress;
8.5.2 Monthly. A job hour comparison by task of actual versus planned
staffing;
8.5.3 Weekly. A rolling four-week detailed schedule showing, by day, oneweek
actual progress and a three-week look-ahead forecast. Variation
from approved Resource and Cost Loaded Schedule and plans shall be
noted and rationalized;
8.5.4 Weekly. Prepare a weekly report of labor productivity on items of the
Work selected by the City’s Representative. Compare actual versus
planned job hours. Variation from approved schedules and plans shall
be noted and rationalized.
8.6 Copies of Schedules and Reports. Schedules and reports shall be furnished in
two (2) copies and on diskettes or as specified by the City’s Representative. All
scheduling files used in progress reporting shall become property of the City.
8.7 Task Order and Reporting. The Work shall be separated into Task Packages. The
Consultant shall provide a breakdown of the Work to be accomplished in the
Task Orders. A Task Order is a definitive area, component, group of components
or combination thereof of the Work. The Consultant’s Task Order submittal shall
be reviewed and approved by the Engineer.
Each Task Order shall have a start and completion date derived from the early start and
early finish dates of the cost loaded CPM schedule. All schedule activities are to be
coded by Task Order.
The Task Orders as a minimum shall include:
8.7.1 Schematic Design
8.7.2 Detail Design Development
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8.7.3 Contract Documents
8.7.4 Design During Construction
9.0 PLANNING SUPPORT SERVICES
9.1 The services in this section must not be construed as an obligation on the part of
the Department of Aviation to utilize the A & E for Planning Services. If required,
the A & E will perform Planning services to a level of detail as directed by the
Department of Aviation, including preparation of Planning and/or functional
design documents. Planning Support Services shall comply with applicable
codes, ordinances and regulations at Hartsfield-Jackson Atlanta International
Airport (H-JAIA).
10.0 ESTIMATING REQUIREMENTS
10.1 Estimating Specification: General Requirements. This section provides general
guidelines for developing estimates that provide the “to be expected” cost for
specific services and products required by the Hartsfield-Jackson Development
Program (H-JDP). Cost estimates are to be developed for specified professional
services, construction services and products that are required to complete a
specified task that when implemented, provides the desired final usable product.
10.2 This section applies to the development of cost estimates for services, products
and construction services based on solicitations for services, and Schematic,
Concept, Planning, Design, Construction, Change and Claim documents which are
to be used for scope definition and quantification of the work to be completed.
10.3 All services provider may be required to provide alternative estimates at any
stage of a project’s development life, those estimates shall be prepared based on
the stage of the project development life. The alternatives estimates shall
comply with the appropriate procedure commensurate with the stage of the
project.
10.4 The estimates shall be computerized by the Consultant utilizing the latest version
of “Success Estimator” software developed by US Cost Inc., of Atlanta, GA. It is
expected that the Consultant shall have sufficient capabilities to perform this
Work. Any and all costs incurred by the Consultant in researching and/or
educating it’s personnel in “Success Estimator” and/or the systems to be utilized
in this project are to be borne by the Consultant and will not be reimbursed by
the City.
10.5 The Consultant shall provide an estimate of the construction costs (Consultant
Construction Estimate) to accompany each deliverable task set forth in the
Consultant’s Task Order. Each Consultant Construction Estimate shall be
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prepared and submitted to the PM with the task deliverable and shall include,
but not be limited to, the following:
10.5.1 Consultant Construction Estimate shall be developed in accordance
with the latest version of “Estimating Desk Top Procedures Handbook”
available from the Planning and Development Estimating Group.
11.0 SOFTWARE REQUIREMENTS: The Consultant shall utilize:
11.1 Primavera Project Planner, developed by Primavera Systems Inc., of Bala
Cynwyd, PA, is designated as the primary software application for producing
Project Schedules for the Hartsfield-Jackson ATL Next Program;
11.2 PM Web, developed by PM Web Inc., of Wakefield, MA, is designated as the
primary software application for Contract management and project
administration for the Hartsfield-Jackson ATL Next Program;
11.3 Success Estimator, developed by US Cost Inc., of Atlanta, GA, is designated as the
primary software application for producing Project Cost Estimates for H-JDP;
12.4 Latest AutoCAD (including Revit) family of products, developed by Autodesk, Inc.,
of San Rafael, CA, is designated as the primary software application for
producing construction drawings for H-JDP. The use of other CADD software
applications and conversions to AutoCAD (Dwg.) format is prohibited and not
acceptable. In addition to the CAD requirements the selected firm shall provide
Building Information Modeling (“BIM”) supplemented with CAD content as
necessary to produce a complete set of Construction Documents and or clash
detection analysis.
12.0 CITY’S RESPONSIBILITY
12.1 The City shall provide information, as available, regarding requirements for the
Project including a program, which shall set forth the City’s design objectives,
constraints and criteria, including space requirements and relationships,
flexibility and expandability, special equipment and systems and site
requirements. Notwithstanding anything contained in this Contract, the City
reserves the right, at its sole discretion to enter into architectural, engineering
and/or construction management agreements with Consultants other than
Consultant and any of its subconsultants named in this Contract. There is no
guarantee of work in this Contract. The City’s designee will promptly render any
decision necessary for the orderly progress of the work. The City will furnish to
the Consultant any information or materials in its possession which relate to a
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specific project as expeditiously as possible. The City reserves the right to
remove from the Project, any personnel employed by the Consultant who is
assigned to perform services for the City’s Projects.
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City of Atlanta, Hartsfield-Jackson Atlanta International Airport FC-9036, NIP Design Services at H-JAIA
EXHIBIT A.1: COMPENSATION
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EXHIBIT A.1
COMPENSATION
1. Compensation
1.1. General Compensation Terms: Consultant will be compensated for Services
pursuant to the terms of this Services Agreement and the specific Task Order
associated with such Services.
1.2. Potential Compensation Structure of Task Orders: City may issue Task Orders to
Consultant based upon any compensation arrangement allowed by Applicable
Law including, but not limited to, the following:
1.2.1. Firm, Fixed Price Method (Lump Sum):
1.2.1.1. Compensation. When using the firm, fixed price method, the
Parties agree that compensation and payment for full and
complete compensation of all work, materials, and services
furnished under the terms of this Agreement, will be paid to the
Consultant for each Project Task Order. The firm, fixed price
amount for a Project Task Order shall be based on estimated
staff hours, direct labor rates, direct expenses, an overhead
rate, and sub-consultant costs. The firm, fixed price amount for
each Project Task Order shall not be exceeded unless the
Department determines that there is a substantial change in
scope, character, or complexity of the service from those
originally negotiated for the Project Task Order.
1.2.1.2. Payment. The Consultant shall be paid by the City for completed
work and services rendered under this Agreement as provided
hereinafter. Such payment shall be full compensation for work
performed or services rendered and for all labor, materials,
supplies, and equipment necessary to complete the work
specified in Exhibit A, General Scope of Services and within
each Task Order. The Consultant shall conform to all applicable
portions of 48 Code of Federal Regulations (CFR) Part 31.
Payment to the Consultant will be made upon receipt and
approval of invoices submitted as specified.
1.2.1.3. Final Payment. Upon completion, delivery and acceptance of all
work contemplated under each Project Task Order, including
the receipt of all plans, specifications, reports, studies, notes,
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electronic data, and other related documents which are
required to be furnished by the Consultant, the Consultant shall
submit only one final invoice statement for the balance of the
earned compensation. At such time, payment of one-hundred
percent (100%) of the amounts earned, less the total of all
previous payments, shall be paid by the City to the Consultant.
However, both Parties agree that for any Task Order which is
being paid based upon fixed hourly rates, that one-hundred
percent (100%) of the amount payable shall be equal to onehundred
percent (100%) of the actual work performed which
may be less than the full amount authorized by the Task Order.
The Consultant agrees that acceptance of this final payment for
each Project Task Order shall be in full and final settlement of all
claims arising against the City for work done, materials
furnished, costs incurred, or otherwise arising out of this
Agreement and shall release the City from any and all further
claims of whatever nature, whether known or unknown, for and
on account of said Agreement, and for any and all work done,
and labor and materials furnished, in connection with same.
1.2.2. Task Order Maximum Payment Amount; Not to Exceed Amount: A
project under a Task Order may involve payment of compensation up
to a specific not to exceed amount, based upon specific fullyburdened
hourly billing rates of personnel providing Services on the
Project (in addition to or in alteration of those included on Exhibit
A.2) and specific categories of reimbursable expenses, as negotiated
between City and Consultant and included in the specific applicable
Task Order. In the event the hourly billing rates in Exhibit A.2 are
misrepresented by the Consultant, the City reserves the right to
adjust the compensation paid to the Consultant to reflect the
difference.
1.2.2.1. Consumer Price Index (CPI): For compensation purposes under
this Services Agreement no salary or amount shall exceed the
negotiated salary or amount received by said personnel or
negotiated rate for a principal as of the effective date of this
Services Agreement unless the Aviation General Manager, or
his designated representative, has been notified in advance, in
writing, of the increased salary, rate or amount and approves
the increase. The DOA reserves the right to approve all
personnel, amounts and salaries of said personnel performing
services under this Services Agreement. For adjustments
submitted after the effective date of this Services Agreement,
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the Consultant must demonstrate that increases in salary, or
the principal’s rate are in accordance with the U.S. Consumer
Price Index and the rate set forth in Exhibit A.2, which shall not
to exceed four (4%) percent per year. Such requested
increases shall be subject to audit by the City.
1.2.2.2. Certified Audit Report: The Consultant and its subconsultants
are required to submit Indirect Cost Rate audits on an annual
basis within six months of the end of the Consultant’s
fiscal/calendar year. The report must be prepared in
accordance with Federal Acquisition Regulations (FAR) Subpart
31.2 following the format outlined in the Uniform Audit and
Accounting Guide prepared by the American Association of
State Highway and Transportation Officials (AASHTO), as it may
be updated. The City reserves the right to approve all Indirect
Cost Rates and adjust billing rates on all subsequently issued
Task Orders accordingly. Increases in billing rates due to
Indirect Cost Rate increases are not a basis for an increase in
the fixed-fee or in the maximum compensation payable.
2. Reimbursable Expenses: Reimbursable expenses include:
2.1. Expenses of large format reproductions and handling of drawings, specifications
and other deliverables and documents, excluding reproductions for the office
use of Consultant and for its subconsultants.
2.2. Expenses of renderings, models and mock-ups requested by the City.
2.3. Out-of-Town Travel, accommodations and subsistence charges for specialist
subconsultants; provided, however that they must be approved in writing in
advance by the Aviation Assistant General Manager - P&D or his designee.
Consultant must provide estimate of travel cost.
2.4. Travel to Atlanta as needed by the Department of Aviation. Prior approval by the
Director of Project Development or his designee for travel by the Consultant and
any subconsultants/contractors is required. Consultant must provide estimate of
travel cost.
2.5. Additional Reimbursable Expenses may be added on a Task Order by Task Order
basis when approved by the Department of Aviation’s Director of Project
Development.
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3. Non-Reimbursable Expenses. Non-reimbursable expenses include, but are not limited
to:
3.1. Printing and reproduction costs of documents for Consultant team use.
3.2. Computer time charges.
3.3. Plotting Time and expenses.
3.4. Overtime expenses unless pre-approved by the Aviation General Manager or his
designee.
3.5. Local in-town travel.
3.6. Cell phones and cell phone charges.
3.7. If an expense is not explicitly included in this Services Agreement as a
reimbursable expense, it is a non-reimbursable expense.
3.8. Postage and shipping (including overnight express) charges.
3.9. Parking charges.
4. Additional Provisions Concerning Reimbursable Expenses.
4.1 Reimbursable expenses are to be included as part of the Not-To-Exceed fee for
each Task Order, and shall not be invoiced separately.
4.2 All reimbursable expenses will be paid at cost. Pay request submitted by
Consultant for reimbursable expenses must be accompanied by invoices and
receipts and will be paid to Consultant upon approval by the City. City reserves
the right to disapprove any request for reimbursable expenses which is not
submitted in the form, in the manner and under the circumstances required
under this Services Agreement.
4.3 An amount equal to the premium payments for overtime work or night work,
actually paid to partners, principals, architects, engineers, planners and other
professional and technical employees for time actually spent by them in the
performance of Services when such overtime or other premium payments have
been demonstrated to be in accordance with Consultant’s normal business
practice and have been authorized in writing in advance by the Aviation General
Manager or his designated representative may also be reimbursed under this
Services Agreement in writing. Premium time shall not accrue prior to the
completion of 40 hours per week of work by any given individual. Such premium
payments to supervisory employees, who do not receive such payments in
Consultant’s normal business practice, shall not be given under this Services
Agreement.
4.4 Consultant will be reimbursed for Consultant payments made to subconsultants
for work at an amount equal to the amounts actually paid to the subconsultant.
The City does not allow Consultant to receive a mark up on subconsultant
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payments as the management and administration of a subconsultant is contained
in Consultant multiplier and resources allocated in an executed Task Order.
Billing Rates and Classifications for Subconsultants are established in Exhibit A.2.
4.5 Consultant shall keep, and shall cause any subconsultants to keep, daily records
of the time spent in the performance of Services by all persons providing Services
under this Services Agreement, as well as records of the amounts of such rates
and amounts actually paid for the performance of such services and records and
receipts of reimbursable expenditures. Failure to do so shall be a conclusive
waiver of Consultant’s right to compensation for such services or expenses. City
has the right to audit all such records.
5. Submittal of Invoices. Consultant must prepare and submit to City invoices (”Invoice”
or “Invoices”) on the first day of each month during the Term of this Services Agreement
requesting payment for Services rendered during the previous month in accordance
with the specific terms of compensation set forth in the applicable Task Order.
Consultant must submit all invoices in original & three (3) copies to:
City of Atlanta
Department of Aviation
Planning and Development
1255 South Loop Road
College Park, GA 30337
Attention: Invoice Compliance
Reference: Services Agreement No. FC-9621
6. Format of Invoices. The Invoice shall be entered and submitted in the DOA Planning
and Development “On-Line Invoicing System (OLIS), on a monthly basis representing
charges for the work completed during the previous month. Other invoice format will be
set forth in the applicable Task Order.
7. Payment of Invoices. Approved invoices will be paid by City within thirty (30) days, to
the extent practicable. City may disallow payments for Services for failure to submit
timely invoices.
8. City’s Right to Withhold Payments. City may withhold payments for Services that
involve disputed costs, or are otherwise performed in an inadequate fashion. Payments
withheld by City will be released and paid to Consultant when the Services are
subsequently performed adequately and on a timely basis, causes for disputes are
reconciled or any other remedies by City have been satisfied.
9. Releases of all Claims. City may, as a condition precedent to any payment, require
Consultant to submit for itself, its subconsultants, immediate and remote, and all
material suppliers, vendors, laborers and other parties acting through or under it,
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complete waivers and releases of all claims against City arising under or by virtue of this
Services Agreement. Upon request, Consultant must, in addition, furnish acceptable
evidence that all claims have been satisfied.
10. Acceptance of Payments by Consultant; Release. The acceptance by Consultant of any
payment for Services under this Services Agreement will, in each instance, operate as,
and be a release to City from, all claim and liability to Consultant for everything done or
furnished for or relating to the Services for which payment was accepted, unless
Consultant, within five (5) days of its receipt of a payment, advises City in writing of a
specific claim it contends is not released by that payment.
11. Claims against Consultant. If there are claims filed against Consultant in connection
with its performance under this Services Agreement, for which City may be held liable if
unpaid, and such claims are not promptly removed by Consultant after receipt of
written notice from City to do so, City may resolve any of those claims and deduct all
costs in connection with that resolution from payments or other monies due, or which
may become due, to Consultant. If the amount of any withheld payment or other
monies due Consultant under this Services Agreement is insufficient to meet any of
those costs, or if any claim against Consultant is discharged by City after final payment
under this Services Agreement is made, Consultant must promptly pay City all
reasonable costs incurred by City concerning the claim after Consultant’s receipt of
written notice from City.
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City of Atlanta, Hartsfield-Jackson Atlanta International Airport FC-9621, Small A&E Design Services at H-JAIA
EXHIBIT A.2: EMPLOYEE
CLASSIFICATIONS/ ACTUAL
BILLING RATES
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EXHIBIT A.2;
EMPLOYEE CLASSIFICATIONS / ACTUAL BILLING RATES5
CONSULTANT NAME: ____________________________________________
CLASSIFICATION ACTUAL SALARY MULTIPLIER BILLING RATE
FACILITIES
1. Principal-in-Charge 6
2. Project Manager
3. Lead Architect
4. Production Project Architect
5. Discipline Lead Engineer
6. Project Engineer
7. Chief Scheduler
8. Chief Estimator
9. Specifications Writer
10. Contract Administrator
11. Quality Control Coordinator
12.
13.
14.
5 This table is provided for purposes of negotiation. The City intends to finalize this table to include the employee
classifications necessary to render Services under this Services Agreement and the applicable salary rates based on
Federal Audited field overhead rates, which will apply to all Services provided under any Task Order.
Consideration of increased salary rates based on Exhibit A.1; 1.3 – Consumer Price Index (CPI) will be given on an
annual basis at the discretion of the City. This table will be finalized and included in Exhibit A.2 attached to any
Services Agreement awarded pursuant to this solicitation. Proponent should be prepared to present its audited
overhead rates in support of the proposed billing rates.
6 The City intends that no billing rate during any project will exceed that specified for ‘Principal-in-Charge” at
$275.00 an hour, unless approved by the City.
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CLASSIFICATION ACTUAL SALARY MULTIPLIER BILLING RATE
CIVIL
1. Principal-in-Charge 7
2. Project Manager
3. Lead Civil Engineer
4. Design Engineer(s)
5. Design Architect;
6. Chief Scheduler
7. Chief Estimator
8. Specifications Writer
9. Contract Administrator
10. Quality Control Coordinator
11.
12.
13.
14.
15.
16.
Consultant Name: _____________________________________________________
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City of Atlanta, Hartsfield-Jackson Atlanta International Airport FC-9621, Small A&E Design Services at H-JAIA
EXHIBIT B: AUTHORIZING
LEGISLATION
(RESERVED)
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City of Atlanta, Hartsfield-Jackson Atlanta International Airport FC-9621, Small A&E Design Services at H-JAIA
EXHIBIT C: DEFINITIONS
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EXHIBIT C
DEFINITIONS
When used in the Services Agreement Documents, the following capitalized terms have the
following meanings:
“Affiliate” - With respect to a Party, any legal entity that, directly or indirectly through one of
more intermediate legal entities, controls, is controlled by or in under common control with the
Party. For purposes of this definition, “control” means that the controlling entity: (i) possesses,
directly or indirectly, the power to direct or cause the direction of the management and policies
of the controlled entity, whether through the ownership of voting securities or by Services
Agreement or otherwise; or (ii) has direct or indirect ownership in the aggregate of fifty one
(51%) or more of any class of voting or equity interests in the controlled entity.
“Airport” means Hartsfield-Jackson Atlanta International Airport.
“Airport Access, Security and Safety Measures” means the policies set forth in Exhibit F.
“AOA” means Aircraft Operating Area.
“Applicable Law(s)” means all federal, state or local statutes, laws ordinances, codes, rules,
regulations, policies, standards, executive orders, consent orders, orders and guidance from
regulatory agencies, judicial decrees, decisions and judgments, permits, licenses, reporting or
other governmental requirements or policies of any kind by which a Party may be bound, then
in effect or which come into effect during the time the Services are being performed, and any
present or future amendments to those Applicable Laws, including those which specifically
relate to: (a) the business of City; (b) the business of Consultant or Consultant’s subconsultants;
(c) the Services Agreement and the Services Agreement Documents; or (d) the performance of
the Services under this Services Agreement or any Task Order.
“Charges” means the amounts payable by City to Consultant under this Services Agreement and
any applicable Task Order.
“Confidential Information” means all information, including, but not limited to, business or
financial information, plans, strategies, forecasts, forecast assumptions, proprietary business
practices and methods, marketing information and material, customer, supplier, and employee
information, and all information concerning relationships with customers, suppliers and
employees, proprietary ideas, concepts, know-how, methodologies, specifications, operations,
processes and systems manuals, profiles, system and management architectures, diagrams,
graphs, models, sketches, technical data, research and all other information related to a Party’s
past, present or future business activities or operations, now known or later discovered or
developed, furnished or made available by or on behalf of one Party to the other or otherwise
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obtained by a Party from any source in connection with this Services Agreement, including: (i)
all information of a Party to which the other has had or will have access; (ii) all information of a
Third Party, including customers and suppliers; (iii) all information entered or to be entered into
software or equipment by or on behalf of a Party, as well as information obtained or derived
from this information, including any such information as stored in, accessed or transmitted
through or processed by equipment or software; and (iv) all information whose disclosure is
exempted or restricted under Applicable Law. Confidential Information does not include
information that is: (a) subject to public disclosure under Applicable Law such as the Georgia
Open Records Act or the Federal Freedom of Information Act; (b) publicly available or becomes
so in the future without restriction and through no fault or action of the receiving Party or its
agents; (c) rightfully received by either Party from a Third Party and not accompanied by
confidentiality obligations; (d) already in the receiving Party’s possession and lawfully received
from sources other than the disclosing Party; (e) independently developed by the receiving
Party without use of or reference to the Confidential Information of the disclosing Party; or
(f) approved in writing for release or disclosure without restriction by the disclosing Party.
“Code” means the Code of Ordinances for the City of Atlanta, Georgia, as amended.
“Consultant Personnel” means and refers to Consultant employees or sub-consultants hired
and maintained to perform Services hereunder.
“Contractor” means any person having a contract with the City.
“Services Agreement Documents” include this Agreement and the Exhibits and other
documents attached or referenced herein as well as any authorized changes or addenda
hereto.
“Deadline” means any timeframe or deadline established by City or this Services Agreement or
applicable Task Order for performing any Services or any other obligation under this Services
Agreement.
“DOA” means the City’s Department of Aviation.
“FAA” means the Federal Aviation Administration.
“Facility” or “Facilities” means the physical premises, locations and operations owned or leased
by a Party and from or through which Consultant will provide any Services.
“Force Majeure Event(s)” means acts of war, domestic and/or international terrorism, civil riots
or rebellions, quarantines, embargoes and other similar unusual governmental actions,
extraordinary elements of nature or acts of God.
“Insolvency/Bankruptcy Event” shall be deemed to have occurred if Consultant: (i) is subject to
a petition for relief under the laws of the United States codified as Title 11 of the United States
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Code; (ii) is subject to an involuntary petition for relief under the United States bankruptcy
laws; (iii) seeks, consents to or does not contest the appointment of a receiver, custodian or
trustee for itself or for all or any part of its property; (iv) files a petition seeking relief under the
bankruptcy, arrangement, reorganization or other debtor relief laws of any state or other
competent jurisdiction; (v) admits in writing that it is generally not paying its debts as those
debts become due; (vi) gives notice to any governmental body of insolvency or pending
insolvency; (vii) suspends material business operations; (viii) becomes “insolvent” as that term
is defined under applicable fraudulent transfer or conveyance laws; or (ix) makes an assignment
for the benefit of creditors or takes any other similar action for the protection or benefit of
creditors.
“Jobsite” means the locations described in the Services Agreement or any Task Orders issued
under this Services Agreement where the Services are to be performed or where they are
actually performed.
“Large Hub Airport” means an airport that enplanes more than one percent of the nation’s
passengers annually.
“Materials” means all supplies, products, tools, appliances, equipment and utilities that are
needed or used by Consultant to perform the Services. This term also includes all supplies,
products, tools, appliances, and equipment that are incorporated into or provided to City as
part of the Services as a deliverable.
“NIP” means the Noise Insulation Program.
“Notice to Proceed” means formal written notice from City to Consultant to begin performing
Services under a Task Order issued under this Services Agreement.
“Specifications” means all requirements, specifications, service levels and performance
standards and criteria contained in the Services Agreement Documents, including, without
limitation, any that may be set forth in any Task Order issued under this Services Agreement.
“Party” or “Parties” means City and/or Consultant.
“Person” means individuals, partnerships, agents, associations, corporations, limited liability
companies, firms or other forms of business enterprises, trustees, executors, administrators,
successors, permitted assigns, legal representatives and/or other recognized legal entities.
“Planning Management Team” is the team proposed by the successful Proponent to manage
the planning accordance with the Scope of Work defined in this RFP.
“Program” means – H-JAIA development plan that includes major efficiencies/capacity projects
associated with the Master Plan and replacement/upgrade/maintenance projects associated
with the existing facility.
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“Services” means all services, tasks, functions, or assignments to be performed by Consultant
for City under this Services Agreement and any Task Order issued under this Services
Agreement. The Services also include all deliverables and Materials associated with the
Services, tasks, functions or assignments Consultant is to provide. The Services are summarized
in Part I of this Services Agreement and may be further described in any associated Task Order
issued under this Services Agreement.
“Task Order Commencement Date” means the date set forth in each Task Order on which the
Services under such Task Order shall begin.
“Third Party” means a Person other than the Parties.
“Work Product” means any work product, creation, material, item or deliverable,
documentation or other item created by Consultant or Consultant Personnel, either solely or
jointly with City or Third Parties, for the benefit of City in connection with providing the
Services, including all forms of intellectual property such as inventions, copyrightable materials
and/or material protected by patent, trademark and/or other trade secret laws.
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City of Atlanta, Hartsfield-Jackson Atlanta International Airport FC-9621, Small A&E Design Services at H-JAIA
EXHIBIT D:
INSURANCE & BONDING
REQUIREMENTS
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EXHIBIT D
INSURANCE & BONDING REQUIREMENTS
FC-9621, SMALL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES AT
HARTSFIELD-JACKSON ATLANTA INTERNATIONAL AIRPORT
A. Preamble
The following requirements apply to all work under the Agreement. To the extent permitted
by applicable law, the City of Atlanta (“City”) reserves the right to adjust or waive any
insurance or bonding requirements contained in this Exhibit D and applicable to the
Agreement. For all purposes hereunder, including but not limited to any Additional Insured
Endorsements, the City shall include the City of Atlanta, its elected officials, officers, agents,
and employees.
1. Evidence of Insurance and Bonding Required Before Work Begins
No work under the Agreement may be commenced until all insurance and bonding
requirements contained in this Exhibit D, or required by applicable law, have been
complied with and evidence of such compliance satisfactory to City as to form and
content has been filed with City.
At the time Civil Discipline Firm submits to City its executed Agreement, Civil Discipline
Firm must satisfy all insurance and bonding requirements required by this Exhibit D and
applicable by law, and provide the required written documentation to City evidencing
such compliance. In the event that Civil Discipline Firm does not comply with such
submittal requirements within the time period established by the solicitation
documents applicable to the Agreement, City may, in addition to any other rights City
may have under the solicitation documents applicable to the Agreement or under
applicable law, make a claim against any proposal security provided by Civil Discipline
Firm.
If the Civil Discipline Firm is an entity (e.g., corporation, limited liability company, etc.)
or a partnership (e.g., general partnership, limited partnership, joint venture, etc.) then
Civil Discipline Firm shall tender insurance certificates and bonds in the name of Civil
Discipline Firm’s entity or partnership as the primary insured.
2. Project Number & Name
The project number (FC-9621) and name (Small Architectural and Engineering Design
Services at Hartsfield-Jackson Atlanta International Airport) must be referenced in the
description section of the insurance certificate.
3. Minimum Financial Security Requirements
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All companies providing insurance required by this Exhibit D must meet certain
minimum financial security requirements. These requirements must conform to the
ratings published by A.M. Best & Co. in the current Best's Key Rating Guide - Property-
Casualty. Upon request, the Civil Discipline Firm must submit the ratings for each
company to the City.
For all agreements, regardless of size, companies providing insurance or bonds under
the agreement must meet the following requirements:
i) Best's Rating not less than B+;
ii) Best's Financial Size Category not less than Class VII;
iii) Companies must be authorized to conduct and transact insurance
contracts by the Insurance Commissioner, State of Georgia; and
iv) All performance and payment bonds must be underwritten by a U.S.
Treasury Circular 570 listed company.
If the issuing company does not meet these minimum requirements, or for any other
reason is or becomes unsatisfactory to City, City will notify Civil Discipline Firm in
writing. Civil Discipline Firm must promptly obtain a new policy or bond issued by an
insurer acceptable to City and submit to City evidence of its compliance with these
conditions.
Civil Discipline Firm’s failure to comply with all insurance and bonding requirements set
forth in this Exhibit D and applicable to the Agreement will not relieve Civil Discipline
Firm from any liability under the Agreement. Civil Discipline Firm’s obligations to
comply with all insurance and bonding requirements set forth in Exhibit D and
applicable to the Agreement will not be construed to conflict with or limit Civil Discipline
Firm’s indemnification obligations under the Agreement.
4. Insurance and Bonds Required for Duration of Contract
All insurance and bonds required by this Exhibit D must be maintained during the entire
term of the Agreement, including any renewal or extension terms, and until all work has
been completed to the satisfaction of City.
5. Notices of Cancellation & Renewal
Civil Discipline Firm must, notify the City of Atlanta in writing at the address listed below
by mail, hand-delivery or facsimile transmission, within two (2) business days of any
notices received from any insurance carriers providing insurance coverage or surety
providing bonds under this Agreement and Exhibit D (including any attachments
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thereto) that Civil Discipline Firm receives concerning the proposed cancellation, or
termination of coverage or security:
Enterprise Risk Management
68 Mitchell St., Suite 9100
Atlanta, GA 30303
Facsimile No. (404) 658-7450
Confirmation of any mailed notices must be evidenced by return receipts of registered
or certified mail.
Civil Discipline Firm shall provide the City with evidence of required insurance and
bonding prior to the commencement of this Agreement, and, thereafter, with a
certificate and/or bonds evidencing renewals or changes thereto at least fifteen (15)
days prior to the expiration of previously provided certificates and/or bonds.
6. Agent Acting as Authorized Representative
Each and every agent acting as Authorized Representative on behalf of a company
affording coverage under this Agreement shall warrant when signing the Acord
Certificate of Insurance that specific authorization has been granted by the Companies
for the Agent to bind coverage as required and to execute the Acord Certificates of
Insurance as evidence of such coverage. City of Atlanta coverage requirements may be
broader than the original policies; these requirements have been conveyed to the
Companies for these terms and conditions.
In addition, each and every agent shall warrant when signing the Acord Certificate of
Insurance that the Agent is licensed to do business in the State of Georgia and that the
Company or Companies are currently in good standing in the State of Georgia.
7. Certificate Holder
The City of Atlanta must be named as certificate holder. All notices must be mailed to
the attention of Enterprise Risk Management at 68 Mitchell Street, Suite, 9100,
Atlanta, Georgia 30303.
8. Additional Insured Endorsements – Form CG 20 26 07 04 or Equivalent
City shall be covered as an Additional Insured, as its interest may appear, under any and
all insurance required pursuant to this Agreement, and such insurance shall be primary
and non-contributory with respect to the Additional Insured. However, this requirement
does not apply to Workers’ Compensation or Professional Liability Insurance. Additional
insured status extending to ongoing and completed operations per CG 20 26 07 04 or
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their carrier equivalent shall be provided. Additional insured status shall be maintained
following project completion equivalent to the statute of repose in the State of Georgia.
NOTE: A copy of the Additional Insured Endorsement or its equivalent must be
forwarded to the Risk Management Department as soon as practicable but in no event
more than ten (10) days after the effective date of the Agreement.
9. Mandatory Sub-Civil Discipline Firm/Civil Discipline Firm Compliance
Civil Discipline Firm must require and ensure that all of Civil Discipline Firm’s subCivil
Discipline Firms operating under the Agreement at any level are sufficiently insured and
bonded.
10. Self-Insured Retentions, Deductibles or Similar Obligations
Any self-insured retention, deductible or similar obligation will be the sole responsibility
of the Civil Discipline Firm.
11. Waiver of Subrogation in favor of the City of Atlanta
The certificates of Commercial General Liability Insurance and Commercial Automobile
Liability Insurance tendered by the Civil Discipline Firm must clearly indicate a waiver of
subrogation in favor of the City of Atlanta.
B. Workers' Compensation
Civil Discipline Firm must procure and maintain Workers' Compensation in the following limits
to cover each employee who is or may be engaged in work under the Agreement:
Workers' Compensation . . . . . . . . Statutory
Employer's Liability:
Bodily Injury by Accident/Disease $1,000,000 each accident
Bodily Injury by Accident/Disease $1,000,000 each employee
Bodily Injury by Accident/Disease $1,000,000 policy limit
C. Commercial General Liability Insurance
Civil Discipline Firm must procure and maintain Commercial General Liability Insurance on Form
CG 00 00 01 (or equivalent) in an amount not less than $1,000,000 per occurrence subject to a
$2,000,000 aggregate. The following indicated extensions of coverage must be provided:
Contractual Liability
Broad Form Property Damage
Premises Operations
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Personal Injury
Advertising Injury
Medical Expense
Additional Insured Endorsement (primary& non-contributing in favor of the City)
Waiver of Subrogation in favor of the City of Atlanta
D. Commercial Automobile Liability Insurance
Civil Discipline Firm must procure and maintain Automobile Liability Insurance in an amount not
less than $1,000,000 Bodily Injury and Property Damage combined single limit. The following
indicated extensions of coverage must be provided:
Owned, Non-owned & Hired Vehicles
Waiver of Subrogation in favor of the City of Atlanta
If Civil Discipline Firm does not own any automobiles in the corporate name, non-owned vehicle
coverage will apply and must be endorsed on either Civil Discipline Firm’s personal automobile
policy or the Commercial General Liability coverage required under this Exhibit D.
Additionally, in accordance with Section 22-181(b) of Chapter 22, Code of Ordinances of the
City of Atlanta, all vehicles requiring access to the restricted areas of the airport must be
covered by an automobile liability policy in the minimum amount of Ten Million Dollars
($10,000,000) combined single limit for personal injury and property damage. The $10,000,000
limit of liability will also be imposed on any parties transporting workers, materials and/or
equipment to the Airport site from parking lots or similar facilities.
E. Property Insurance
Civil Discipline Firm shall procure and maintain Property Insurance covering all forms of risk on
all Tenant Improvements and any other interests of Lessee, if applicable, in or about the Leased
Premises, including inventory, supplies, and other property of the Civil Discipline Firm located
at said Premises, insuring against the perils of fire, lightning, extended coverage, perils
vandalism, malicious mischief, glass breakage and sprinkler leakage, in an amount equal to the
full replacement value of Tenant Improvements and any other interests of the Civil Discipline
Firm in or about said Premises.
F. Professional Liability/Errors & Omissions Insurance
Civil Discipline Firm shall procure and maintain during the life of this Agreement Professional
Liability Insurance in an amount of $2,000,000 per occurrence and annual aggregate. The
policy will fully address the Civil Discipline Firm’s professional services associated with the
scope of work contained in this document. The policy will include at least a three-year Extended
Reporting Provision as well as these extensions of coverage.
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City of Atlanta, Hartsfield-Jackson Atlanta International Airport FC-9621, Small A&E Design Services at H-JAIA
EXHIBIT E:
DISPUTE RESOLUTION
PROCEDURES
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EXHIBIT E
DISPUTE RESOLUTION PROCEDURES
1 If Consultant contends it is entitled to compensation or any other relief from City or if there
are any disagreements over the scope of Services or proposed changes to the Services,
Consultant shall, without delay and within three (3) days of being aware of the
circumstances giving rise to Consultant's claim, provide written notice of its claim to City. If
Consultant fails to give timely notice as required by this subsection or if Consultant
commences any alleged additional work without first providing notice, Consultant shall not
be entitled to compensation or adjustment for any such work to the extent timely notice
was not provided. Such notice shall include sufficient information to advise City of the
circumstances giving rise to the claim, the specific contractual adjustment of relief
requested and the basis for such request. Within ten (10) days of the date that Consultant's
written notice to City is required under this subsection, Consultant shall submit a Proposed
Change Document relating to the claim meeting the requirements of Subsection 5.3.2 of
this Services Agreement.
2 The parties are fully committed to working with each other throughout the Project and
agree to communicate regularly with each other at all times so as to avoid or minimize
disputes or disagreements. If disputes or disagreements do arise, Consultant and City each
commit to resolving such disputes or disagreements in an amicable, professional and
expeditious manner so as to avoid unnecessary losses, delays and disruptions to the
Services.
3 If a dispute or disagreement cannot be resolved informally Consultant Authorized
Representative and Authorized City Representative, upon the request of either party, shall
meet as soon as conveniently possible, but in no case later than thirty (30) days after such a
request is made, to attempt to resolve such dispute or disagreement. Prior to any meetings
between the Authorized Representatives, the parties will exchange relevant information
that will assist the parties in resolving their dispute or disagreement.
4 If the City and Consultant are still unable to resolve their dispute, each agrees to consider
submitting such dispute to mediation or other acceptable form of alternate dispute
resolution.
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City of Atlanta, Hartsfield-Jackson Atlanta International Airport FC-9621, Small A&E Design Services at H-JAIA
EXHIBIT F:
AIRPORT ACCESS, SECURITY AND SAFETY
MEASURES PLUS NOISE INSULATION PROGRAM
SECURITY REQUIREMENTS
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EXHIBIT F
AIRPORT ACCESS, SECURITY AND SAFETY MEASURES
(AS APPLICABLE)
PLUS NIP-SPECIFIC SECURITY REQUIREMENTS
1. Security. Consultant shall at all times conduct all operations under this Services Agreement
in a manner to avoid the risk of loss, theft, or damage by vandalism, sabotage or any other
means to any equipment, materials, work or other property at the Jobsite. Consultant shall
continuously inspect all equipment, materials and work to discover and determine any
conditions which might involve such risks and shall be solely responsible for discovery,
determination and correction of any such conditions.
2. Airport Security Requirements. Consultant shall comply with the Transportation Security
Administration (TSA) and the City’s security requirements for the Airport. Consultant shall
cooperate with the TSA and the City on all security matters and shall promptly comply with
any Project security arrangements established by City. Such compliance with these security
requirements shall not relieve Consultant of its responsibility for maintaining proper
security for the above-noted items, nor shall it be construed as limiting in any manner
Consultant's obligation with respect to all applicable state, federal and local laws and
regulations and its duty to undertake reasonable action to establish and maintain secure
conditions at the Jobsite.
2.1.1. Preventing Unauthorized Access. The Airport has been secured to prevent
unauthorized access to the Air Operations Area (AOA), the secured area, the sterile
area and other controlled areas of the Airport. Consultant shall cooperate to the
fullest extent with the TSA and DOA to maintain the integrity of the security
system. The Consultant shall control its operations and the operations of its
subcontractors and all suppliers so as to provide for the free and unobstructed
movement of aircraft, aircraft operations personnel and equipment in the AOA, the
secured area, the sterile area and other controlled areas of the Airport as defined
herein.
2.1.2. Transportation Security Administration/Responsibility of Consultant. In order to
comply with the TSA and DOA security requirements, Consultant shall be
responsible for informing itself as to current, ongoing, and changing requirements,
and for remaining in compliance with those requirements throughout this Services
Agreement. The security requirements are as follows and from time to time may
change as required by the TSA and/or DOA.
2.1.3. Security Identification Display Area (SIDA). The Security Identification Display
Area (SIDA) is defined in the Airport Security Program as any area that requires
individuals to continuously display Airport issued or Airport approved
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identification badges. Personnel associated with construction contracts in the AOA
secured area or sterile area of the Airport shall display SIDA badges at all times.
The TSA and the DOA require all personnel to display SIDA badges in areas
controlled for security purposes at all times.
2.1.4. FBI/CHRC Checks. To obtain a SIDA badge, each individual must successfully
undergo a Security Threat Assessment and a Federal Bureau of Investigation (FBI)
fingerprint based Criminal History Records Check (CHRC) which must reveal no
convictions of disqualifying crimes within the last ten years as defined in
Transportation Security Regulation, TSR Part 1542.209. Each individual must also
attend a security awareness course conducted by the DOA Security Division. Each
employee must present two proper forms of identification and
citizenship/employment eligibility documents if necessary. Consultant shall be
responsible for all fees associated with obtaining a SIDA badge, (i.e. badge and
fingerprint fees as determined by DOA). The current cost for the CHRC is $50.00
per individual. The current cost for badge is $60.00 per individual. Cost for lost
badges is $60.00 for each replacement badge.
In order to obtain up-to-date costs for the CHRC and for badging, Consultant shall
contact the DOA Security office at (404) 530-6667 prior to sending individuals to
the DOA Security office for badging. Consultant/Escorting Requirements are
specified in subsection below.
2.1.5. Displaying Badges. Employees and those of all subcontractors must display a
DOA issued badge showing Consultant’s name and an employee number. All
personnel shall be required to wear this badge at all times while within the
secured areas of the Airport.
2.1.6. Badging Records and Process. Consultant shall maintain an up-to-date record of
all badge holders showing name, address, sex, height, weight, color of eyes and
badge number. Consultant will be required to furnish this information to the DOA
upon request.
2.1.6.1.1. The Badging process may begin upon the Consultant’s receipt of a
formal Notice to Proceed (NTP) from the City and may take up to
fourteen (14) calendar days to complete. Access to secured areas shall
be denied until such time as the Consultant has completed the badging
process.
2.1.6.1.2. If applicable, an Administrative NTP may be presented to the DOA
Security Division by the Consultant in order to initiate the badging
process for the Consultant’s employees.
2.1.6.1.3. The Consultant shall appoint one of its employees as an Authorizing
Agent and submit his or her name, on the Consultant's letterhead, to
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the DOA Security Division. The submittal letter shall indicate the Project
Name, Services Agreement Number, Point of Contact, Telephone and
Fax number, list of subcontractors including subcontractors’
Authorizing Agent nature of the work to be performed by Consultant,
and each subcontractor, location and duration, time frame(s), and
justification for vehicle access, if required. A copy of the Consultant's
Insurance Certificate shall accompany the letter. Once badged, the
Consultant's Authorizing Agent shall be responsible for the badging
process of his/her company employees.
2.1.6.1.4. Each Subcontractor identified in the Consultant’s letter shall appoint
one of its employees as an Authorizing Agent and submit his or her
name through the Consultant, to the DOA Security Division. A copy of
the Subcontractor’s Insurance certificate shall accompany the letter.
Once badged, the Subcontractor’s Authorizing Agent shall be
responsible for the badging process of his/her company employees.
2.1.6.1.5. Processing time for badging, at the badging office after completion of
the CHRC, will last approximately one (1) hour. Processing time for
Authorizing Agents will last an additional hour for briefing by the DOA
Security Division. Authorizing agent briefing sessions will be conducted
only on Mondays, Wednesdays and Fridays at 11 a.m. in the DOA
Security office.
2.1.6.1.6. Each person applying for badging shall complete and submit all forms
required by the DOA Security Division. All required forms will be
provided to the authorizing agent at the time of the briefing at the DOA
Security office.
2.1.6.1.7. Each person applying for a badge shall also submit to fingerprinting
upon the submittal of said forms. Fingerprints will be utilized for a ten
(10) year Federal Bureau of Investigation (FBI) based criminal history
records check for each individual employee.
2.1.6.1.8. Pursuant to TSR § 1542.209 certain Felony convictions within the most
recent ten (10) year period, may cause disqualification. A list of
disqualifying Felony convictions is available in the offices of the DOA
Security Division and in the TSR Regulations.
2.1.6.1.9. The Authorizing Agent will be notified when the results of the
fingerprint checks are completed. Upon notification and approval,
Consultant’s and subcontractor’s approved employees may return to
the DOA Security Office, during posted hours, for photographing and
badging. This process may take up to sixty (60) minutes.
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2.1.6.1.10. Badges issued to Consultant and subcontractor employees and agents
shall expire upon the happening of one (1) of the following events,
whichever occurs first:
2.1.6.1.10.1. Completion of Services Agreement or subcontract,
unless extended by the City;
2.1.6.1.10.2. Expiration of Insurance coverage, as indicated on the
Consultant’s Insurance certificate; or
2.1.6.1.10.3. Employee’s driver’s license expiration date;
2.1.6.1.10.4. Two (2) years from the issuance of the badge.
2.1.6.1.11. Consultant and its subcontractor shall be responsible for making
arrangements, ahead of time, to extend badges, when necessary. A
letter, directed to both the DOA Assistant General Manager, Facilities
and the DOA Security Manager, explaining the reason(s) for the badge
extension on Consultant’s letterhead will be required. Extension
requests must be approved in writing by the DOA prior to extension of
the badges.
2.1.6.1.12. Consultant’s questions concerning Airport Security shall be directed to
(404) 530-6667.
2.1.7. Drivers. All drivers operating vehicles within the AOA must obtain, in addition
to the DOA Security badge, a DOA Ramp Certification. Ramp Certification will be
evidenced by a “D” sticker placed on the face of the badge by the DOA Security
department.
2.1.7.1.1. Ramp Certification. City will require Airport Driver Safety Training and
Ramp Certification for all personnel required to operate a motor
vehicle in the AOA. This can be obtained by completing an Airport
Driver Safety Training Course administered by the Airport Operations
Division. Consultant shall contact Airport Operations, at (404) 530-
6620 during normal business hours, to schedule the training session.
2.1.7.1.2. Except as set forth in paragraph 5.1.9, below, all vehicles operating
within the AOA shall carry a minimum liability insurance coverage
amount of TEN MILLION DOLLARS ($10,000,000.00).
2.1.7.1.3. Consultant shall mark all vehicles and construction equipment,
including those of subcontractors, in a manner as required by the
Department of Aviation and consistent with Transportation Security
Regulations (TSR).
2.1.7.1.4. All vehicles operating within the AOA must display permanent
signage, legible and visible from a sight distance of five hundred (500)
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feet on both sides of the vehicle. MAGNETIC SIGNS ARE PROHIBITED
FROM USE IN THE AOA.
2.1.8. Protocols for Consultant Escorting. Prime contractor must incorporate escorting
protocol with Security Plan submitted for approval by the Security Manager. The
Security Manager must approve any exceptions. Consultant must attach a map
of work area(s) and routes to access the work area(s) to project security plan
submitted to the Aviation Security Division for approval. Consultant may contact
DOA Security Manager at (404) 530–6667 during normal operating hours.
2.1.9. Consultant’s Escorting Requirements for Construction Contracts on AOA
(Runways and Taxiways)/Construction Contracts on secured area (Apron
surrounding Terminal and Concourses).
2.1.9.1.1. All escorted vehicles and personnel must remain under the direction
of authorized escorting personnel at all times.
2.1.9.1.2. Consultant and escorted personnel shall have no Terminal or
Concourse access.
2.1.9.1.3. Escorting is limited to an Airport SIDA badged prime Consultant or an
Airport SIDA badged escorting subcontractor approved by the
Security and Operations Managers to perform escorting duties. The
individuals involved in escorting shall perform no other services other
than escorting while in service. No other subcontractors will be
allowed to escort any vehicle(s).
2.1.9.1.4. Escorting person(s) must have a SIDA badge.
2.1.9.1.5. Designated badged prime Consultant employees approved or badged
escorting subcontractor must escort prime Consultant employees and
subcontractors’ employees to all work sites. Once at the work site,
badged employees, prime or subcontractors’, may supervise
unbadged employees, not to exceed five (5) employees per one (1)
SIDA badged employee.
2.1.9.1.6. All personnel (badged or escorted) must have an employee photo ID
displayed on the outermost garment, waist high or above. The
employee badge must contain the employee’s name, Consultant’s
name and project number or name. All escorted personnel must
remain under the control of person(s) with an Atlanta SIDA badge at
all times while in the SIDA.
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2.1.9.1.7. Maximum vehicular escort—one (1) prime contractor vehicle or
approved badged escorting subcontractor is permitted to escort two
(2) subcontractor vehicles.
2.1.9.1.8. All vehicles requiring escort must access and egress the AOA through
Pre-approved gates. Vehicles requiring escort shall not be permitted
access or egress through any other entry or exit point within the AOA
for any reason whatsoever.
2.1.9.1.9. All escorted vehicles must obtain a permit, valid for up to ten (10)
hours, at Gate 73. The obtaining of a permit, however, shall not
relieve a vehicle from the requirement of being escorted as set forth
herein.
2.1.9.1.10. In the event an escorted vehicle requires a time limit extension, the
vehicle, and its original operator, must return to Gate 73 to obtain a
time limit extension to complete work in the AOA secure or sterile
area. Time limit extension shall not exceed an additional ten (10) hour
period under any circumstances.
2.1.10. Construction Contracts Within Sterile Area (Inside Terminal, Concourses)
2.1.10.1.1. Highest level of Security required.
2.1.10.1.2. All employees of prime Consultant and subcontractor, must be
badged to work in the sterile area.
2.1.10.1.3. If escorting of unbadged Consultants and or subcontractors is
required, an approved sponsor agency (DOA, AATC, HACM, HCM, etc.)
must perform escort full time.
2.1.10.1.4. For any work requiring access to the sterile area (beyond the
Passenger Screening Checkpoint area and on Concourses), a tool
inventory must be conducted daily by the prime Consultant or
designated representative. A copy of this inventory should be
provided to the construction manager or project manager for
verification. In general, tools will not be allowed to pass through the
checkpoint area.
5.1.11 Restricted AOA Access. Consultant shall allow passage into the AOA or secured
area through its access point to persons, vehicles, and equipment displaying
identification of the DOA or provide an escort for each person or vehicle not
displaying proper identification. Escort vehicles must be insured as specified per
Appendix B; Insurance. Escorted vehicles need not carry the aforementioned
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coverage but must carry the minimum amounts of insurance required by Georgia
Law. However, Insurance coverage of escort vehicles must provide coverage as
specified by Appendix B for vehicles being escorted.
5.1.11.1 Visual Aids. In the event of the possibility of contact with the AOA or
secured area, Consultant shall establish a system of visual aids for
marking and delineating the limits of required clearances adjacent to
active runways, taxiways, and NAVAIDS during both day and night time
work, subject to City’s approval prior to the start of any work under this
Services Agreement. The approved system of marking and delineating
shall be installed, maintained and protected at all times.
5.1.12 Tools and Materials. Consultant shall create and maintain an inventory of all
tools and materials utilized within the SIDA, terminal building, Federal Inspection
Service (FIS), and AOA.
5.1.12.1 All tools and materials shall be stored and maintained in a secured
manner to prevent unauthorized use, within pre-designated areas
within the secured areas of the airport. Storage designations shall be
obtained by the Consultant and/or subcontractor, prior to mobilization,
by contacting the DOA Properties Division at (404) 209-2945. Change
requests for storage designation may be approved only through the
DOA Properties Division with notification and concurrence from the
DOA Security Division. Failure to comply with this requirement may
result in the termination of Consultant’s or subcontractor’s contract
and disqualification from working on construction contracts within
secured areas of the Airport.
5.1.12.1.1 All tools and materials must be secured to prevent
unauthorized use at all times within the secured areas of
the Airport and/or the AOA. Failure to comply with this
requirement may result in the termination of Consultant’s
or subcontractor’s contract and disqualification from
working on construction contracts within secured areas of
the Airport.
5.1.12.1.2 Any and all job-specific or unusual tools and/or materials
shall be presented to the security authority at point of
entry gate when accessing and/or egressing the SIDA
and/or AOA. Failure to comply with this requirement may
result in the termination of Consultant’s or subcontractor’s
contract and disqualification from working on construction
contracts within secured areas of the Airport.
5.1.12.1.3 All vehicles shall remain subject to search while within the
secured areas of the Airport and/or the AOA at all times.
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Vehicles may also be searched prior to entry to the
secured areas of the Airport. The possession of weapons
and other prohibited items may result in criminal or civil
charges in accordance with applicable laws.
5.1.13 Terminal/Curbside. A maximum of two (2) Consultant vehicles or two (2)
subcontractor vehicles may be permitted in a work area at any given time,
subject to the approval of the Atlanta Police Department, and the DOA Security.
In the event one (1) Consultant vehicle is present, then no more than one (1)
subcontractor vehicle may be present at the same time, and vice versa.
5.1.13.1 Debris removal may be allowed from curbside with special permission
by the DOA Security Department.
5.1.13.2 When parked at curbside, at least one (1) badged employee must
remain with the vehicle at all times. Vehicles must be removed as
expeditiously as possible in all cases.
5.1.13.3 Areas surrounding vehicles accessing curbsides must be kept clean at
all times.
5.1.13.4 For purposes of obtaining Terminal or Curbside access, the APD
Airport Section shall be contacted by dialing (404) 530-6630 24 hours
in advance of the desired access time.
5.1.14 Staging Areas. The Consultant’s Construction staging area shall be identified on
the plans.
5.1.15 Federal Inspection Service Areas. For any or all work conducted within Federal
Inspection Service (FIS) areas, Consultant shall submit FIS Authorization requests
to the U.S. Customs Service (404) 765-2303. The request shall detail the names
of employees, description and area of work, work schedule, and any other
relevant information to the DOA Security Department.
5.1.15.1 Consultant shall be responsible for obtaining the appropriate
approvals and special SIDA badge FIS access decals from the
appropriate Federal authorities. Special SIDA badge FIS access decals
will not be required in if one (1) or more U.S. Customs Agent(s) are
present at the work site at all times.
5.1.15.2 Security Checkpoints. Consultant and subcontractors shall maintain
awareness among all employees, and at all times, that all Security
Checkpoints are now under Federal jurisdiction rather than privately
contracted Security agents. In general, contractors will not be allowed
to carry tools and construction materials through the passenger
security screening points.
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5.1.15.3 Questions regarding Federal Security Checkpoints shall be directed to
(404) 763-7437 or (404) 530-2150.
6.1 Drug Testing. All individuals who have successfully passed the background
investigations shall be required to have a drug test performed. Once the
background investigation comes back and the individual is approved for testing, the
individual shall be required to submit to the testing within two days (48 hours) of
the approved background unless it falls on a weekend. If an individual fails to
complete any of the required testing or they fail the drug test, they will be denied an
NIP badge, no exceptions. The drug testing conducted will be a 10-panel synthetic
drug test. If any individual has a discrepancy in the results of the drug test, they will
be required to re-take a second, more extensive, test. If there are still discrepancies
with the results from the second test, the applicant will be denied a badge with no
exceptions.
6 Restrictions on Operations. Consultant shall plan and conduct its operations so as not to
enter upon lands in their natural state unless authorized by City. Consultant shall not
damage, close or obstruct any utility installation, highway, road or other property until
permits and City’s permission therefore have been obtained. Consultant shall not disrupt
or otherwise interfere with the operation of any pipeline, telephone, electric transmission
line, ditch or structure unless specifically authorized by this Services Agreement.
Consultant shall not damage or destroy cultivated and planted areas, or vegetation such
as trees, plants, shrubs, and grass on or adjacent to the premises which, as determined by
City, do not interfere with the performance of this Services Agreement. The City will be
responsible for furnishing all rights-of-ways upon which the Work is to be constructed in
advance of the Consultant’s operation.
7 Cooperation with Agencies. Consultant shall cooperate with the owner of any public or
private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA),
or a utility service of another government agency that may be authorized by the owner to
construct, reconstruct or maintain such utility services or facilities during the progress of
the Work. In addition, Consultant shall control its operations to prevent the unscheduled
interruption of such utility services and facilities.
8 Location of Services. The City does not guarantee the accuracy or the completeness of the
location information relating to existing utility services, facilities, or structures that may be
shown on the plans or encountered in the Work. Any inaccuracy or omission in such
information shall not relieve Consultant of its responsibility to protect such existing
features from damage or unscheduled interruption of service.
9 Notice to Owner/Operators. Prior to commencing the work in the general vicinity of an existing
utility service or facility, Consultant shall notify each owner/operator in writing of activities
which might affect its interests. If, in Consultant’s opinion, the owner/operator’s assistance is
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needed to locate the utility service or facility or the presence of a representative of the
owner/operator is desirable to observe the work, such advice should be included in the
notification. Consultant shall furnish a copy of such written notices to City.
10 Excavation Methods. Where the outside limits of an underground utility service have been
located and staked on the ground, Consultant shall use excavation methods acceptable to City
as may be required to insure protection from damage due to Consultant’s operations.
11 Damage to Services. Should Consultant damage or interrupt the operation of a utility
service or facility by accident or otherwise, it shall immediately notify in writing the
owner/operator, appropriate public safety authorities and City and shall take all
reasonable measures to prevent further damage or interruption of service. Consultant in
such events shall cooperate with the utility service of facility owner and City continuously
until such damage has been repaired and service restored.
12 Failure to Protect Property. Consultant shall not be entitled to any extension of time or
compensation on account of Consultant’s failure to protect all facilities, equipment,
materials and other property as described herein. All costs in connection with any
Improvements or restoration necessary or required by reason of unauthorized
obstruction, damage or use shall be borne by Consultant.
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City of Atlanta, Hartsfield-Jackson Atlanta International Airport FC-9621, Small A&E Design Services at H-JAIA
APPENDIX A:
OFFICE OF CONTRACT COMPLIANCE REQUIREMENTS
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City of Atlanta, Hartsfield-Jackson Atlanta International Airport FC-9621, Small A&E Design Services at H-JAIA
APPENDIX B:
ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT
ACT AFFIDAVITS
(RESERVED)
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