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 12point 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

73 | FC-9621, Small A&E Design Services at H-JAIA

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

74 | FC-9621, Small A&E Design Services at H-JAIA

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

76 | FC-9621, Small A&E Design Services at H-JAIA

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.

Airportmeans 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.

Deadlinemeans 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.

FAAmeans 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 Eventshall 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.

Jobsitemeans 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.

Materialsmeans 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 Proceedmeans formal written notice from City to Consultant to begin performing

Services under a Task Order issued under this Services Agreement.

Specificationsmeans 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.

Programmeans 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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Servicesmeans 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) 5306667 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 escortone (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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