026-23 Construction of Outgoing Scale Pit and Installation of Scale.pdf

M E M O R A N D U M

TO: Prospective Proposers

FROM: Becky Smyth, Purchasing Director

RE: Request for Proposal - #026-23 Construction of Outgoing Landfill Scale Pit And Installation of Scale DATE: April 28, 2023

Enclosed you will find the necessary information for preparing and submitting your bid for Construction of Outgoing Scale Pit and Installation of Scale for the City of Rome Georgia.

A pre-bid walk through will be held on May 4, 2023, at 11:00 a.m. at 433 Walker Mountain Road, Rome, GA 30161. Interested parties are urged to attend this meeting.

The deadline for submitting your bid is May 16, 2023, at 3:00 p.m.

Interested parties may receive a copy of the proposal request by logging on to the City of Rome’s BidNet Direct website at https://www.bidnetdirect.com/georgia/cityofrome. All questions regarding the proposal should be submitted on the BidNet Direct platform no later than May 9, 2023, at 5:00 p.m. All questions and answers will be posted on the City of Rome website. It is the responsibility of interested parties to visit the site regularly to ensure receipt of any new information that may be provided.

If you have further questions, please do not hesitate to call my office at 706-236-4410.

BCS/jga ___________________________ Becky Smyth Purchasing Director https://www.bidnetdirect.com/georgia/cityofrome

TABLE OF CONTENTS

PROPOSAL SIGNATURE AND CERTIFICATION 3

CORPORATE CERTIFICATE 4

OFFEROR’S RFP CHECKLIST 5

INSTRUCTIONS FOR OFFERORS 6

REQUIREMENTS FOR OFFERORS 7

NOTICE TO OFFERORS 8

SECTION 1: SPECIFICATIONS 9

SECTION 2: PRPOSED TIMELINE 12

SECTION 3: PRE-SUBMITTAL INQUIRIES 13

SECTION 4: SUBMITTAL OF PROPOSALS 14

SECTION 5: CONTENTS OF PROPOSALS, EVALUATION AND SCORING 15

SECTION 6: TERMS AND CONDITIONS 17

SECTION 7: REQUIRED FORMS 19

PROPOSAL SIGNATURE AND CERTIFICATION

(FAILURE TO INCLUDE THIS SIGNED CERTIFICATION MAY RESULT IN THE REJECTION OF YOUR

PROPOSAL.)

We propose to furnish and deliver any and all of the deliverables and services named in the attached

Request for proposals RFP 026-23 Construction of Outgoing Scale Pit and Installation of Scale The price or prices offered herein shall apply for the period of time stated in the (“RFP”).

It is understood and agreed that this proposal constitutes an offer, which when accepted in writing by the Purchasing Department, City of Rome, and subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and the City of Rome (“City”).

It is understood and agreed that the undersigned has read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included in this proposal meet or exceed any and all such City specifications described in this RFP. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City.

It is understood and agreed that this proposal shall be valid and held open for a period of one hundred twenty (120) days from the proposal opening date.

PROPOSAL SIGNATURE AND CERTIFICATION

I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal (“Offeror”) for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the Offeror. I further certify that the provisions of O.C.G.A. § 45-10-20, et seq. have not been violated and will not be violated in any respect.

Authorized Signature for Offeror _________________________________________________________

Date ________________________________________________________________________________

Print / Type Name _____________________________________________________________________

Print / Type Offeror Name ______________________________________________________________

CORPORATE CERTIFICATE

I, ____________________, certify that I am the Secretary of the company named as Offeror in the foregoing proposal; that ______________________, who signed said proposal on behalf of the Offeror, was then__________________________ (title) of said company; that said proposal was duly signed for and on behalf of said company by authority of its Board of Directors, and is within the scope of its corporate powers; that said company is organized under the laws of the State of Georgia or is duly authorized to do business in the State of Georgia.

This _____________ day of _________________________, 2021.

(Company – Legal Corporate Name)

(Signature)

(Title)

(Seal)

OFFEROR’S RFP CHECKLIST

Critical Things to Keep in Mind When Responding to an RFP for the City of Rome

1. _______ Read the entire document. Note critical items such as: supplies/services required; submittal dates; number of copies required for submittal; contract requirements, if any (e.g. bonding and insurance requirements).

2. _______ Note the Purchasing Agent’s name, address, and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information.

3. _______ Attend the pre-submittal conference, if scheduled. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or notify the City of any ambiguities, inconsistencies, or errors in the RFP.

4. _______ Take advantage of the “question and answer” period. Submit your questions on the BidNet Direct platform by the due date listed on the cover page and in the proposed timeline and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP will be posted on the City’s BidNet Direct webpage https://www.bidnetdirect.com/georgia/cityofrome under the corresponding RFP#.

5. _______ Follow the format required in the RFP when preparing a proposal. Provide point-by-point responses to all sections in a clear and concise manner.

6. _______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City will know what your company’s capabilities are or what items/services you can provide, even if you have previously contracted with the City. Proposals are evaluated based solely on the information and materials provided in response to the RFP.

7. _______ Use the forms provided with the RFP, if any.

8. _______ Check the RFP for any addenda. Before submitting your proposal, check the City’s BidNet Direct website at https://www.bidnetdirect.com/georgia/cityofrome to see whether any addenda were issued for the RFP.

9. _______ Review the RFP document again to make sure that you have addressed all requirements. Your original proposal and the requested copies must be identical and complete. Any copies requested are provided to individuals, if any, evaluating proposals and will be used to rank your submittal.

10. _______ Submit your proposal on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late proposals will not be accepted.

This checklist is provided for assistance only and should not be submitted with your proposal.

INSTRUCTIONS FOR OFFERORS

I. Proposals must be received by May 16, 2023, at 3:00 p.m.

II. Proposals must be delivered to:

City of Rome

601 Broad Street

Rome, GA 30161

III. Proposals must be sealed and marked:

“RFP # 026-23 Construction of Outgoing Scale Pit and Installation of Scale”

IV. Proposals must be complete and include:

A. Completed Proposal Form

B. Executed Proposer’s Declaration

C. Executed Certificate of Non-Discrimination

D. Executed Affidavit of Non-Collusion

E. Prompt Payment Affidavit

F. Request for Taxpayer I.D. Number

G. Completed Drug-Free Certificate

H. SAVE Affidavit

I. E-Verify Affidavit

All Proposals submitted shall be subject to acceptance or rejection and the City of Rome specifically reserves the right to accept or reject any or all proposals, to waive any technicalities and formalities in the RFP process.

Proposer shall submit all required forms and information simultaneously with sealed proposals, which forms and information become a part of the property of the City of Rome and will not be returned to proposers unless a written request to withdraw is received prior to May 16, 2023, at 3:00 p.m.

V. Payment:

When contracts are awarded, payment by the City of Rome will be the normal 30-day cycle. However, the City does make every effort to honor all discounts.

REQUIREMENTS FOR OFFERORS

These items apply to and become a part of the terms and conditions of the proposer’s proposal. Any exceptions must be in writing.

Notice is hereby given that the City of Rome will receive sealed proposals from interested parties until

May 16, 2023, at 3:00 p.m. at its offices located at 601 Broad Street, Rome, Georgia 30161.

Any proposals received thereafter will not be considered.

Proposals will be publicly opened and read at the City of Rome Purchasing Department located at 601

Broad Street on the day and at the hour specified.

The purchaser may consider as non-responsive, any proposal in which there is an alteration of, or departure from the proposal form hereto attached.

The City of Rome will review and evaluate the RFP responses, and determine the firm that demonstrates the greatest capabilities and relevant experience, proposes a reasonable cost, and is the most advantageous in fulfilling the City’s goals for this project. The City of Rome reserves the right to accept, reject, and/or negotiate any or all proposals as determined by them to be in the City’s best interest. The proposer to whom award is made will be notified at the earliest possible date. The purchaser reserves the right to reject the proposal of a proposer who has previously failed to perform properly or complete on time, contracts of a similar nature, or the proposal of a proposer who, in the sole opinion and discretion of the purchaser is not in a position to perform the contract, or whose name appears on the

United States Comptroller General’s list of ineligible contractors.

Proposals may be withdrawn by written or faxed request, provided such withdrawals are received prior to proposal opening date.

NOTE: Unless stated on the proposal form the proposal submitted will assume all specifications will be met. Please note on the proposal form all exceptions.

NOTICE TO OFFERORS

It is the sole responsibility of the proposer(s) to ensure that proposals reach the Purchasing Department on or before the closing date and time. The City of Rome shall not be held responsible for delays caused by any situation. Offers by telephone, facsimile, or email will not be accepted.

The City of Rome will not be responsible for late deliveries or delayed mail. The proposal opening time shall be strictly observed. Under no circumstances shall proposals delivered after the specified time be considered.

Failure to restrict contacts or discussion regarding this RFP to the City of Rome Purchasing Department will be considered a serious breach of process and may, at the sole discretion of the City of Rome, result in disqualifying the violating party’s firm from further consideration in this RFP opportunity. Additionally, any unauthorized contact with members of the City Commission or City employees by a proposer or a proposer’s representative concerning this proposal may result in the disqualification of the proposer.

The City of Rome reserves the right to accept or reject any and all proposals, to waive any irregularity in proposals received, to award the entire proposal to one contractor or to make awards by group or by line item whichever is in the best interest of the City of Rome. Additionally, the City of Rome may unilaterally terminate this contract in whole or in part, for its convenience, availability of unobligated funds, or because of failure of the proposer to fulfill the contract obligations in any respect.

RFP # 026-23 Construction of Outgoing Scale Pit and Installation of Scale Section 1 – Specifications

Heavy Duty Steel Deck Truck Scale

Bidder’s Response

1. Platform Size: 60’ x 11’ __________________

2. Capacity: 270,000 x 20lbs. __________________

3. 8-Sealed Weigh Bars __________________

4. Minimum 5-year Complete Warranty __________________

5. Minimum 10-year Weighbridge Warranty __________________

6. Bid Bond, Performance Bond, and Payment Bond will be required for bids that exceed $100,000.00 __________________

Programmable Weight Indicator

1. Truck In and Out Program __________________

2. Ethernet IP, Ethernet TCP/IP, and USB __________________

3. Stainless Steel IP69K Sealed Enclosure __________________

4. Programmable RS232 Serial Ports __________________

5. Bid Bond, Performance Bond, and Payment Bond will be required for bids

Remote Scoreboard Display

1. 6.5” Bright LED Digits __________________

2. Red and Green Light __________________

3. Weatherproof Outdoor Enclosure __________________

4. Bid Bond, Performance Bond, and Payment Bond will be required for bids

Installation / Labor

1. All Installation Labor and Parts Are To Be Included In The Total Price __________________

2. Calibration and Testing To Meet State Requirements __________________

3. Crane For Scale Placement __________________

4. 50’ of Interface Cable From Scale To Weight Indicator __________________

5. 50’ of Interface Cable From Weight Indicator to Remote Display __________________

6. Minimum of Ten-Year Warranty on Installation __________________

7. Bid Bond, Performance Bond, and Payment Bond will be required for bids

Pit Foundation

1. Site Preparation __________________

2. Excavation – Finished Pit Floor Will Be 24” Below Grade Level __________________

3. Concrete Foundation – 2 – 10’ Level Approaches and 2 – 10’ Level Exits __________________

4. Concrete Foundation – 16” – 24” Deep Piers __________________

5. Concrete Foundation – Walls must be at least 10” Thick Reinforced With

Rebar __________________

6. Concrete Foundation – 165’ of 3” x 3” Coping For Entire Scale Perimeter __________________

7. Locate 2 – 6” Gravity Drains In Pit Wall __________________

8. Stub Out Conduit For Scales As Needed __________________

9. Disposal of All Construction Debris __________________

10. Bid Bond, Performance Bond, and Payment Bond will be required for bids

Section 2 – Proposed Timeline (Subject to Change)

Event Date

Pre -Bid Walkthrough ………………………………………………………………………………. 5/4/2023

Deadline for Receipt of Written Questions………………………………………………… 5/9/2023

Proposal Response Due Date (Proposal Opening) ………….…………………………. 5/16/2023

*This proposed schedule of events is informational and is subject to change at the discretion of the City of Rome.

Section 3 – Pre-Submittal Inquiries

From the date this RFP is issued until an Offeror is selected, Offerors are not allowed to communicate with any staff or elected officials of the City regarding this procurement. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows:

Purchasing Agent: Jackson Abercrombie

Address: 601 Broad Street, Rome, GA 30161

Telephone Number: 706-236-4413

E-mail Address: jabercrombie@romega.us

Form of Questions: Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit these questions on the City’s BidNet Direct webpage https://www.bidnetdirect.com/georgia/cityofrome for this solicitation referenced above on or before the date stipulated in Section 3. Each question must provide clear reference to the section, page, and item of the RFP in question. Questions received after the deadline may not be considered.

The City of Rome’s Answers: The City will provide answers to questions received within the period stipulated in Section 3 by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City of Rome. Any formal written addendum will be posted on the City’s BidNet Direct webpage alongside the posting of the RFP at https://www.bidnetdirect.com/georgia/cityofrome by the close of business on the date listed.

Offerors shall sign and return any addendum with their proposals.

Addenda: The City of Rome may revise this RFP by issuing an addendum prior to its opening. The addendum will be posted on the City’s BidNet Direct webpage alongside the posting of the RFP at https://www.bidnetdirect.com/georgia/cityofrome. Addenda will become part of the proposal documents and subsequent contract. Failure to propose in accordance with an addendum may be cause for rejection. In unusual circumstances, the City of Rome may postpone an opening in order to notify vendors and to give Offerors sufficient time to respond to the addendum.

Section 4 – Submittal of Proposals

A. Proposal Submittal

All proposals shall be delivered in writing to:

City of Rome

Purchasing Department

601 Broad Street

Rome, GA 30161

*Clearly marked with the RFP# and RFP Time

By May 16, 2023, at 3:00 p.m.

Proposals received after this date and time or at any other location will not be accepted or considered. The City is not responsible for delays caused by traffic, inclement weather or any other reason. The City is not responsible for late deliveries by couriers, the USPS or package express companies (UPS, Fed Ex, etc.). It is the sole responsibility of the Offeror to submit its proposal before the required deadline. Electronic and facsimile submittals will not be accepted. The City of Rome reserves the right to contract in its best interests and to reject any and all proposals prior to award.

All responses must be made in accordance with the specifications as set forth herein. Failure to adhere to any specifications contained herein may be cause for your proposal to be rejected.

B. Form of Proposal

All proposals must be presented in a sealed opaque package with the Offerors name, address, RFP#, RFP name, and Due Date/ Time clearly marked on the outside of the package. Offerors shall submit the one (1) original and two (2) copies of their proposal to the address set forth on the

Cover page.

Section 5: Proposal Evaluation

A. Proposal Evaluation Process

The City of Rome reserves the right to waive any informality or irregularity in any proposal, to reject any and all proposals, to award a proposal wholly or in part, to call for re-bid, and to negotiate with any contractor, if it is deemed in the best interest of the City of Rome to do so. As part of the evaluation process, the contractor may be required to attend one or more meetings with the City of Rome for the purpose of clarifying materials, products, services, and pricing. The selection process may include requests for additional information from individual contractors regarding the proposed materials, products, scope of services, pricing, and product specifications.

Proposals will be evaluated by a committee comprised of City representatives and the Project Steering

Committee. The evaluation process will include review of qualifications, proposed schedule and costs, and other information submitted with the proposal. Non-responsive or incomplete proposals will be rejected for further consideration.

Final selection of the firm will follow a two-step process. First, the qualifications and costs provided under this RFP will be thoroughly reviewed with the top candidate(s) selected by a Review Team.

Second, the top candidate(s) may be interviewed by the Review Team and the finalist selected. The price and project completion timeline are of importance to the City of Rome, and may be weighted more heavily in the final award of the contract based upon other criteria. The cost provided is to be a

“not to exceed” lump sum cost. Responses received after the specified time on the specified due date will not be considered.

The City of Rome reserves the right to short-list (up to 2) firms for more detailed technical proposals or schedule interviews with the short-listed firms. The City reserves the right to select the second ranked consultant if negations with the first consultant are unsuccessful.

B. Presentations and Demonstrations

After the initial proposal evaluation, one (1) or more Offerors may be invited to meet with members of the Evaluation Committee for a formal interview to present proposals. At the City’s discretion, selected

Offerors may be interviewed and re-evaluated based upon the criteria set out in the RFP, or other criteria to be determined by the Evaluation Committee (i.e. unique qualities, methodologies, or approaches taken to differentiate from other Offerors). Offerors may be asked to provide additional information to the Evaluation Committee regarding demonstrated competence and qualifications, feasibility of implementing the project as proposed, ability to meet schedules, costing methodology, or other factors as appropriate.

Any information requested by the Evaluation Committee subsequent to the Offeror’s proposal will be used to further evaluate the selected Offerors to determine a rank-order. Final approval of a selected

Offeror is subject to the City’s Purchasing Policies.

Presentations will be held at a time and date that is yet to be determined. Each Offeror invited for formal presentation will be contacted with its scheduled appointment time.

C. Negotiation and Best and Final Offer (as applicable)

1. If the City deems in its best interest, it has the right to ask one or more proposers to provide a Best and Final Offer (BAFO).

2. If the City deems it is in its best interest to retain the services of one (1) or more Offerors, the City reserves the right to negotiate a revised scope and or fees. Negotiations will encompass all phases of work, including but not limited to: hourly rates, fees for services, markups for overhead and profit on subcontractors, a “not to exceed” contract amount, as well as any other items the City deems appropriate.

3. If negotiations are successful, the City and the highest-ranking Offeror will enter into an agreement to develop the services as outlined in this RFP. If an acceptable agreement cannot be reached between the City and the highest-ranking Offeror, the City may choose to negotiate with other Offeror(s).

4. Separate meetings with more than one (1) Offeror may be conducted during the same time frame; however, negotiation sessions with an Offeror will not be held in the presence of another Offeror.

5. Offerors submitting proposals should be aware that the Evaluation Committee has sole discretion to determine what constitutes the “best value and offer” for the City.

Consequently, Offerors are urged to submit best possible terms in their original submittal.

Section 6: Terms and Conditions

All proposals and supporting materials as well as correspondence relating to this RFP become property of the City of Rome when received. Any proprietary information contained in the proposal shall be so indicated; however, a general indication that the entire contents, or a major portion, of the proposal is proprietary will not be honored. The following terms and conditions shall also apply:

A. All applicable Federal and State of Georgia laws, City of Rome and Floyd County ordinances, licenses, and regulations of all agencies having jurisdiction shall apply to Offerors throughout and are incorporated herein.

B. Professionals requiring special licenses must be licensed in the State of Georgia, and shall be responsible for those portions of the work as may be required by law.

C. No proposal shall be accepted from, and no contract shall be awarded to, any person, firm, or corporation that (i) is in arrears to the City with respect to any debt, (ii) is in default with respect to any obligation to the City, or (iii) is deemed irresponsible or unreliable by the City.

D. The City shall be able to request of the Offerors satisfactory evidence that they have the necessary financial resources to accomplish the requirements of the RFP.

E. From the date this RFP is issued until a firm is selected, Offerors are not allowed to communicate with any staff or elected officials of the City regarding this procurement, except at the direction of

Jackson Abercrombie, Purchasing Agent for the City of Rome and procurement agent in charge of this solicitation. Any unauthorized contact may disqualify the Offeror from further consideration.

Contact information for the single point of contact is as follows:

Purchasing Agent: Jackson Abercrombie

Address: 601 Broad Street, Rome, GA 30161

E-mail Address: jabercrombie@romega.us

F. The costs for developing and delivering proposals or other materials in response to this RFP and any subsequent presentations of a proposal as requested by the City are entirely the responsibility of the Offeror. The City is not liable for any expense incurred by the Offeror in the preparation and presentation of its proposal.

G. While the City has every intention to make an award as a result of this solicitation, issuance of the

RFP in no way constitutes a commitment by the City to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to:

1. Cancel or terminate this RFP at any time. A notice of cancellation will be issued. If the

RFP is cancelled, the 2 will not reimburse any Offeror for preparation of its proposal.

Proposals may be returned upon request if unopened;

2. Reject any or all proposals received, make a contract award based directly on the proposals received in the best interest of the City, in its sole discretion, or enter into further discussions with one (1) or more Offerors;

3. Waive and/or amend any undesirable, inconsequential, or inconsistent provisions/specifications of this RFP which would not have significant impact on any proposal;

4. Make partial award or no award if it is in the best interest of the City to do so; and

5. Terminate any contract if the City determines adequate funds are not available.

H. Contract Term: The contract term shall be as stated in the contract awarded as a result of this procurement.

I. The Awarded Offeror will be the prime contractor if a contract is awarded and shall be responsible, in total, for all work of any subcontractors. All subcontractors, if any, must be listed in the proposal.

The City of Rome reserves the right to approve all subcontractors. The Awarded Offeror shall be responsible to the City of Rome for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Awarded Offeror. Further, nothing contained within this document or any contract documents created as a result of any contract award derived from this

RFP shall create any contractual relationships between any subcontractor and the City of Rome and its partners.

SECTION 7 REQUIRED FORMS AND EXHIBITS

EXHIBIT A Offerors Declaration

EXHIBIT B City of Rome, Georgia E-Verify Compliance Affidavit

EXHIBIT C City of Rome Drug-Free Workplace Certificate

EXHIBIT D Certificate of Non-Discrimination

EXHIBIT E Non-Collusion Affidavit

EXHIBIT F Request for Taxpayer Identification Number and Certification

EXHIBIT G City of Rome, Georgia SAVE Compliance Affidavit

EXHIBIT H Notice to Contractor’s – Compliance with Title VI of The Civil Rights Act of 1964

EXHIBIT I Insurance Requirements

EXHIBIT J Obtaining a DUNS Number

EXHIBIT K Bid Bond

EXHIBIT L Payment Bond

EXHIBIT M Performance Bond

EXHIBIT N General Conditions

EXHIBIT O Proposal Form

EXHIBIT A

OFFERORS DECLARATION

The offeror understands, agrees and warrants:

• That the offeror has carefully read and fully understands the full scope of the specifications.

• That the offeror has the capability to successfully undertake and complete the responsibilities and obligations in said specifications.

• That the offeror has liability insurance and a declaration of insurance form is included in the proposal package.

• That this proposal may be withdrawn by requesting such withdrawal in writing at any time prior to May 16, 2023, 3:00 p.m. but may not be withdrawn after such date and time.

• That the City of Rome reserves the right to reject any or all proposals and to accept that proposal which will, in its opinion, best serve the public interest. The City of Rome reserves the right to waive any technicalities and formalities in the RFP process.

• That by submission of this proposal the offeror acknowledges that the City of Rome has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information supplied by the offeror.

• If a partnership, a general partner must sign.

• If a corporation, the authorized corporate officer(s) must sign and the corporate seal must be affixed to this bid.

OFFEROR:

Name Title

Name Title

AFFIX CORPORATE SEAL (If Applicable)

EXHIBIT B

CITY OF ROME, GEORGIA

E-VERIFY COMPLIANCE AFFIDAVIT

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A.

§ 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of the City of Rome, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A, § 13-10-91 (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 (Not Required if Less than 10 Employees) Signature (if less than 10 employees) Date of Authorization Name of Contractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing 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 ______________, 20_____

NOTARY PUBLIC

My Commission Expires

EXHIBIT C

CITY OF ROME

DRUG-FREE WORKPLACE CERTIFICATE

By signature on this certificate, the Offeror certifies that the provisions of O.C.G.A. Section 50-24-1 through 50-24-6 related to the “Drug-Free Workplace Act” will be complied with in full. The Offeror further certifies that:

1. A drug-free workplace will be provided for the Offeror’s employees during the performance of the contract; and

2. Each contractor who hires a subcontractor to work in a drug-free workplace shall secure from that subcontractor the following written certification: “As part of the subcontracting agreement with (contractor’s name), (subcontractor’s name) certifies to the contractor that a drug-free workplace will be provided for the subcontractor’s employees during the performance of this contract pursuant to O.C.G.A. Section 50-24-3(b)(7).”

By signature on this certificate, the Offeror further certifies that it will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract.

Offeror: ________________________________________________________

By: ___________________________________________________________

Name Printed: __________________________________________________

Title: _________________________________________________________

Date: _________________________________________________________

EXHIBIT D

CERTIFICATE OF NON-DISCRIMINATION

In connection with the performance of work under this contract, the Offeror agrees as follows:

The Offeror agrees not to discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, ancestry or disability. The vendor shall take affirmative action to ensure that employees are treated without regard to their race, creed, color, sex, national origin, ancestry or disability. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruiting or recruitment, advertising, lay-off or termination, rates of pay or other compensation and selection for training, including apprenticeship.

In the event of the Offeror’s non-compliance with this non-discrimination clause, the contract may be canceled or terminated by the City of Rome. The offerors may be declared, by the City of Rome, ineligible for further contracts with the City of Rome until satisfactory proof of intent to comply shall be made by the vendor.

The Offeror agrees to include this non-discrimination clause in any sub-contracts connected with the performance of this agreement.

OFFEROR

SIGNATURE

TITLE

EXHIBIT E

NON-COLLUSION AFFIDAVIT

The following affidavit is to accompany the bid:

STATE OF

COUNTY OF

Owner, Partner or Officer of Firm

Company Name, Address, City and State

Being of lawful age, being first duly sworn, on oath says that he/she is the agent authorized by the Offeror to submit the attached bid. Affidavit further states as offeror, that they have not been a party to any collusion among offerors in restraint of competition by agreement to bid at a fixed price or to refrain from bidding; or with any office of the City of Rome or any of their employees as to quantity, quality or price in the prospective contract; or any discussion between offerors and any official of the City of Rome or any of their employees concerning exchange of money or other things of value for special consideration in submitting a sealed bid for:

FIRM NAME ______________________________________________

SIGNATURE ______________________________________________

TITLE ___________________________________________________

Subscribed and sworn to before me this_____ day of ________________ 20______

EXHIBIT F

EXHIBIT G

CITY OF ROME, GEORGIA

SAVE COMPLIANCE AFFIDAVIT

O.C.G.A § 50-36-1(e) (2) Affidavit By executing this affidavit under oath, as an applicant for a (n) Contract or Services, as referenced O.C.G.A. C. § 50-36-1, from the City of Rome, Georgia, the undersigned applicant verifies one of the following with respect to my application for a public benefit:

1) __________ I am a United State citizen.

2) __________ I am a legal permanent resident of the United States

3) __________ I am a qualified alien or non-immigrant under the Federal

Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency.

My alien number issued by the Department of Homeland Security or other federal immigration agency is: ____________________.

The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e) (1), with this affidavit.

The secure and verifiable document provided with this affidavit can best be classified as:

In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute.

Executed in _______________ (city), _______________ (state).

Signature of Applicant ________________________________ Printed Name of Applicant

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_______DAY OF __________________, 20______

My Commission Expires:

EXHIBIT H

NOTICE TO CONTRACTORS

COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:

1. Compliance with Regulations: The Contractor will comply with the Regulations of the

Department of Transportation relative to nondiscrimination in Federally-assisted programs of the

Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the “Regulations”), which are herein incorporated by reference and made a part of the

Contract.

2. Nondiscrimination: The Contractor, with regard to the work performed by it afterward and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, or national origin in the selection and retention of subcontracts including procurements of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when contract covers a program set forth in Appendix B of the Regulations. In addition, the Contractor will not participate either directly or indirectly in discrimination prohibited by 23 CFR 710.405 (b).

3. Solicitations for subcontracts, including procurements of materials and equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this Contract and the Regulations relative to nondiscrimination on the ground of race, color, national origin or sex.

4. Information and Reports: The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Department of Transportation, or the Federal

Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this Contract, the Department of Transportation shall impose such

Contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

a) withholding of payments to the Contractors under the Contract until the Contractor complies, and/or

b) Cancellation, termination or suspension of the Contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraph (1) through

(6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders or instruction issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as result of such direction, the

Contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interest of the United States.

EXHIBIT I

INSURANCE REQUIREMENTS

Within 10 days of Notice of Award, and at all times that this Agreement is in force, Contractor shall obtain, maintain, and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City covering:

1. Workers’ Compensation & Employer’s Liability Insurance. Workers’ Compensation Insurance in compliance with the applicable Workers’ Compensation Act(s) of the state(s) wherein the work is to be performed or where jurisdiction could apply in amounts required by statutes. Employer’s

Liability Insurance, with limits of liability of not less than $2,000,000 per accident for bodily injury or disease.

2. Commercial General Liability Insurance, including contractual liability insurance, product and completed operations, personal and advertising injury, and any other type of liability for which this

Contract applies with limits of liability of not less than $1,000,000 each occurrence / $2,000,000 policy aggregate for personal injury, bodily injury, and property damage. Commercial General

Liability Insurance shall be written on an “occurrence” form.

3. Automobile Liability Insurance with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage if automobiles are to be used in the delivery of or in the completion of services and work or driven onto the City’s property. Insurance shall include all owned, non-owned and hired vehicle liability.

4. Umbrella Insurance with limits of liability excess of Employer’s Liability Insurance, Commercial

General Liability Insurance and Automobile Liability Insurance in the amount of not less than

$5,000,000.

5. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits not less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

6. Professional (Errors and Omissions) Insurance- For Professional Services and for all Design/Build

Projects with limits of liability of not less than $3,000,000 per occurrence or claim / $3,000,000 policy aggregate. Such policy shall also include coverage for losses arising from the breach of information security or cyber liability (including Errors & Omissions, Security and Privacy Liability and Media Liability), whether combined with the Professional Liability policy or placed as a separate policy but carrying the same limits of liability. Such coverage shall insure damage, injury and loss caused by error, omission, or negligent acts, including all prior acts without limitation, related to the professional services to be provided under this Contract. The policy shall be amended to include independent contractors providing professional services on behalf of or at the direction of the Contractor. The definition of Contractual Liability shall be amended to state that liability under a contract of professional services is covered. Further, coverage shall be afforded for fraudulent acts, misappropriation of trade secrets, internet professional services, computer attacks, personal injury, regulatory actions, wrongful acts, contractual liability, privacy policy, and insured versus insured. The Contractor shall ensure that coverage under this policy continues for a period of thirty-six (36) months after completion of services.

7. Fidelity Bond (Employee Dishonesty) in the sum of not less than $50,000.

All such insurance shall remain in effect until final payment is made and the Project is accepted by the

City. If the Contractor receives notice of non-renewal or material adverse change of any of the required coverages, the Contractor shall promptly advise the City in writing. Failure of the Contractor to promptly notify the City on non-renewal or material adverse change of any of the required coverages terminates the Agreement as of the date that the Contractor should have given notification to the City.

The insurance policies shall contain or be endorsed to contain, the following provisions:

a) A provision that coverage afforded under such policies shall not expire, be canceled, or altered without at least thirty (30) days prior written notice to the City.

b) Workers’ Compensation and Employer’s Liability and Property insurance policies shall contain a waiver of subrogation in favor of the City and the City’s boards, officials, directors, officers, employees, representatives, agents, and volunteers.

c) Commercial General Liability, Automobile Liability Contractors’ Pollution Legal Liability and/or

Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) insurance policies shall include an endorsement making the City and the City’s boards, officials, directors, officers, employees, representatives, agents, and volunteers Additional Insureds under such policies.

A copy of these endorsements shall be provided to the City.

Certificates of Insurance showing that such coverage is in force shall be filed under this Contract by the

Contractor to the City.

The obligations for the Contractor to procure and maintain insurance shall not be construed to waive or restrict other obligations and it is understood that insurance in no way limits liability of the

Contractor whether or not same is covered by insurance.

Certificate Holder Should Read:

The City of Rome

601 Broad Street

Rome, Georgia 30161

EXHIBIT J

Obtaining a DUNS Number

A Guide for Federal Grant and Cooperative Agreement Applicants

The Federal government requires that all applicants for Federal grants and cooperative agreements with the exception of individuals other than sole proprietors, have a DUNS number. (See policy at: http://www.omb.gov/grants/grants_docs). The Federal government will use the DUNS number to better identify related organizations that are receiving funding under grants and cooperative agreements, and to provide consistent name and address data for electronic grant application systems.

Data Universal Number System (DUNS) Number

• The Data Universal Numbering System (DUNS) number is a unique nine-digit identification number provided by Dun & Bradstreet (D&B).

• The DUNS Number is site-specific. Therefore, each distinct physical location of an entity (such as branches, divisions, and headquarters) may be assigned a DUNS number. Organizations should try and keep DUNS numbers to a minimum. In many instances, a central DUNS number with a DUNS number for each major division/department/agency that applies for a grant may be sufficient.

• In order to provide on-the-spot DUNS number assignment, the requestor should do this by telephone. (See telephone number below.)

Obtaining a DUNS Number

• You should verify that you have a DUNS number or take the steps needed to obtain one as soon as possible, if there is a possibility you will be applying for future Federal grants or cooperative agreements. There is no need to wait until you are submitting a particular application.

• If you already have a DUNS number. If you, as the entity applying for a Federal grant or cooperative agreement, previously obtained a DUNS number in connection with the Federal acquisition process or requested or had one assigned to you for another purpose, you should use that number on all of your applications. It is not necessary to request another DUNS number from D&B. You may request D&B to supply a family-tree report of the DUNS numbers associated with your organization. Organizations should work with D&B to ensure the right information is on the report. Organizations should not establish new numbers, but use existing numbers and update/validate the information associated with the number.

• If you are not sure if you have a DUNS number. Call D&B using the toll-free number, 1-866-705-5711 and indicate that you are a Federal grant applicant/prospective applicant. D&B will tell you if you already have a number. If you do not have a DUNS number, D&B will ask you to provide the information listed below and will immediately assign you a number, free of charge.

• If you know you do not have a DUNS number. Call D&B using the toll-free number, 1-866-705-5711 and indicate that you are a Federal grant applicant/prospective applicant. D&B will ask you to provide the information listed below and will immediately assign you a number, free of charge.

Managing Your DUNS Number

• D&B periodically contacts organizations with DUNS numbers to verify that their information is current. Organizations with multiple DUNS numbers may request a free family tree listing from D&B to help determine what branches/divisions have numbers and whether the information is current. Please call the dedicated toll-free DUNS Number request line at 1-866-705-5711 to request your family tree.

• D&B recommends that organizations with multiple DUNS numbers have a single point of contact for controlling DUNS number requests to ensure that the appropriate branches/divisions have DUNS numbers for Federal purposes.

• As a result of obtaining a DUNS number you have the option to be included on D&B’s marketing list that is sold to other companies. If you do not want your name/organization included on this marketing list, request to be de-listed rom D&B’s marketing file when you are speaking with a D&B representative during your DUNS number telephone application.

Obtaining a DUNS number is absolutely Free for all entities doing business with the Federal government. This includes grant and cooperative agreement applicants/prospective applicants and Federal contractors. Be certain that you identify yourself as a Federal grant applicant/prospective applicant.

To Obtain Your DUNS Number

• Please call the dedicated toll-free DUNS Number request line for Federal grant and cooperative agreement applicants or prospective grant applicants at:

1-866-705-5711 The number…