20008-RFP-2026-13-1200.pdf

Revised 10.23.26 Page 1

REQUEST FOR PROPOSAL

LIBRARY PROFESSIONAL LANDSCAPING

Solicitation No: 2026-13-1200

Proposal Opening Date:

November 13, 2026

2:00 p.m. CST

City of Baton Rouge/Parish of East Baton Rouge

NOTE TO PROPOSERS:

1) Submit a separate set of Proposal Forms with all required information as your

Proposal.

2) Retain the complete set of Specifications and Contract Documents for your file.

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TABLE OF CONTENTS

PART 1: ADMINISTRATIVE AND GENERAL INFORMATION

1.1 Background Page 6

1.1.1 Purpose Page 6

1.1.2 Goals and Objectives Page 6

1.2 Definitions Page 7

1.3 Schedule of Events Page 8

1.4 Proposal Submittal Page 8

1.5 Proposal Response Format Page 10

1.5.1 Number of Response Copies Page 12

1.5.2 Legibility/Clarity Page 12

1.6 Confidential Information, Trade Secrets, Proprietary Information Page 12

1.7 Proposal Clarifications Prior to Submittal Page 13

1.7.1 Mandatory Preproposal Conference & Job Site Visits Page 13

1.7.2 Proposer Inquiry Period Page 14

1.8 Errors and Omissions in Proposal Page 15

1.9 Proposal Guarantee NOT REQUIRED FOR THIS RFP Page 15

1.10 Performance Bond NOT REQUIRED FOR THIS RFP Page 15

1.11 Changes, Addenda, Withdrawals Page 15

1.12 Withdrawal of Proposal Page 15

1.13 Material in the RFP Page 16

1.14 Waiver of Administrative Informalities Page 16

1.15 Proposal Rejection Page 16

1.16 Ownership of Proposal Page 16

1.17 Cost of Offer Preparation Page 16

1.18 Non-negotiable Contract Terms Page 17

1.19 Taxes Page 17

1.20 Proposal Validity Page 17

1.21 Prime Contractor Responsibilities Page 17

1.21.1 Corporation Requirements Page 17

1.22 Use of Subcontractors Page 19

1.23 Written or Oral Discussions/Presentations Page 19

1.24 Acceptance of Proposal Content Page 19

1.25 Evaluation and Selection Page 19

1.26 Contract Negotiations Page 19

1.27 Contract Award and Execution Page 20

1.28 Notice of Intent to Award Page 20

1.29 Right to Prohibit Award Page 21

1.30 Debriefings Page 21

1.31 Insurance Requirements Page 21

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PART 1. ADMINISTRATIVE AND GENERAL INFORMATION

(continued)

1.32 Subcontractor Insurance Page 21

1.33 Indemnification Page 21

1.34 Fidelity Bond Requirements NOT REQUIRED FOR THIS RFP Page 22

1.35 Payment for Services Page 22

1.36 Termination Page 22

1.36.1 Termination of this Agreement for Cause Page 22

1.36.2 Termination of this Agreement for Convenience Page 22

1.36.3 Termination for Lack of Appropriated Funds Page 23

1.37 Assignment Page 23

1.38 No Guarantee of Quantities Page 23

1.39 Audit of Records Page 23

1.40 Civil Rights Compliance Page 23

1.41 Record Retention Page 24

1.42 Record Ownership Page 24

1.43 Content of Contract/Order of Precedence Page 24

1.44 Contract Changes Page 24

1.45 Substitution of Personnel Page 24

1.46 Governing Law Page 25

1.47 Claims or Controversies Page 25

1.48 Proposer’s Certification of OMB A-133 Compliance Page 26

PART II: SCOPE OF SERVICES

2.1 Scope of Services Page 28

2.2 Period of Agreement Page 28

2.3 Price Schedule Page 28

2.4 Deliverables Page 28

2.5 Proposal Elements Page 28

2.5.1 Financial Page 28

2.5.2 Qualifications Page 29

2.5.3 Technical Page 29

PART III: EVALUATION & SELECTION

3.1 Financial Proposal Page 31

3.2 Technical Proposal Page 31

PART IV: PERFORMANCE STANDARDS

4.1 Performance Requirements Page 34

4.2 Performance Measurement/Evaluation Page 35

4.3 Additional Requirements for this RFP Page 35

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ATTACHMENTS

ATTACHMENT A Scope of Services Page 38

ATTACHMENT B Contractor’s and Subcontractors Insurance Page 66

ATTACHMENT C Proposer’s Organization Page 67

ATTACHMENT D Corporate Resolution Page 68

ATTACHMENT E Sample Contract Page 69

ATTACHMENT F Federal Terms and Conditions Page 74

ATTACHMENT G Standard Federal Award Contractor Terms and Conditions Page 89

ATTACHMENT H Proposal Form Page 98

ATTACHMENT I Affidavit Page 107

ATTACHMENT J Fair Chance Ordinance Page 108

ATTACHMENT K H2B Work Requirements Page 109

ATTACHMENT L Socially and Economically Disadvantaged0

Business Enterprise Inclusion Page 111

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KEY REMINDERS TO PROSPECTIVE PROPOSERS

• Submit a separate set of Proposal Forms with all required information as your Proposal.

• Read the solicitation in its entirety.

• Contact the designated purchasing official only.

• Take advantage of the question-and-answer period.

• Provide complete answers and descriptions

• Review the RFP and your proposal before submitting.

• Submit your proposal on time, before the deadline.

• Sign (by authorized signatory) in the designated place on Attachment F Proposal Form.

Retain the complete set of specifications and contract documents for your files.

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REQUEST FOR PROPOSAL FOR

LIBRARY PROFESSIONAL LANDSCAPING

RFP No. 2026-13-1200

PART I. ADMINISTRATIVE AND GENERAL INFORMATION

1.1 Background

The City of Baton Rouge, Parish of East Baton Rouge has a need for landscaping services at its multiple

Library locations in the Baton Rouge area.

Purpose

The purpose of this Request for Proposal (RFP) is to solicit competitive proposals, as permitted by the

City of Baton Rouge, Parish of East Baton Rouge's governing statutes, ordinances, resolutions, and policies, from bona fide, qualified proposers.

1.1.2 Goals and Objectives

The goals of this project is to obtain the best services possible under the guidelines set forth in this RFP.

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1.2 Definitions

A. Shall - The term “shall” denotes mandatory requirements.

B. Must - The term “must” denotes mandatory requirements.

C. May - The term “may” denotes an advisory or permissible action.

D. Should - The term “should” denotes desirable.

E. Contractor - Any person having a contract with a governmental body.

F. Agency - Any department, commission, council, board, office, bureau, committee, institution, agency, government, corporation, or other establishment of the City-Parish authorized to participate in any contract resulting from this solicitation.

G. EBR– East Baton Rouge Parish

H. State - The State of Louisiana.

I. Department - Department for whom the solicitation is issued.

J. Director - Director of Purchasing.

K. City-Parish - City of Baton Rouge-Parish of East Baton Rouge

L. Discussions - For the purposes of this RFP presentation, a formal, structured means of conducting written or oral communications and/or presentations with responsible Proposers who submit proposals in response to this RFP.

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1.3 Schedule of Events

Item Anticipated Schedule

RFP emailed to prospective proposers September 29, 2026

Mandatory Prebid Meeting/ Initial Site Visit @ 9:00 am CST @ Goodwood Library, 7711 Goodwood Boulevard October 20, 2026 &

Deadline to receive written inquiries @ 4:00 pm CST October 28,2026

Deadline to answer written inquiries November 4, 2026

Proposal Opening Date (deadline for submitting proposals) @ 2:00 pm CST

November 13, 2026

Notice of Down Selection November 23, 2026

Award of Contract January 15, 2027

Approximate Start of Contract March 1, 2027

1.4 Proposal Submission

This RFP is available in PDF format. If a printed form is required, submit a written request to the RFP

Contact. (See Section 1.7.2 for this RFP contact.)

Purchasing shall receive all proposals no later than the date and time shown in the Schedule of

Events.

Important - - Clearly mark outside of envelope, box, or package with the following information and format:

Proposal Name: Library Professional Landscaping

Solicitation No. 2026-13-1200

Proposal Opening Date & Time: November 13, 2026

Proposers are hereby advised that the U. S. Postal Service does not make deliveries to our physical location.

Proposals may be delivered by hand or courier service to our physical location at:

City of Baton Rouge-Parish of East Baton Rouge

Purchasing Division

222 Saint Louis Street, Room 826, Baton Rouge, LA 70802

Or mailed to:

City of Baton Rouge-Parish of East Baton Rouge Purchasing Division

222 Saint Louis Street, Room 826, Baton Rouge, LA 70802

The proposer is solely responsible for ensuring that its courier service provider makes inside deliveries to our physical location. Purchasing is not responsible for any delays caused by the proposer’s chosen means of proposal delivery.

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The proposer is solely responsible for the timely delivery of its proposal. Failure to meet the proposal opening date and time shall result in the rejection of the proposal.

*Note: City of Baton Rouge-Parish of East Baton Rouge has elected to use LaPAC, the state’s online electronic bid posting and notification system that is resident on State Purchasing’s website https://wwwcfprd.doa.louisiana.gov/osp/lapac/pubMain and is available for vendor self-enrollment. In that, LaPAC provides an immediate email notification to subscribing bidders that a solicitation and any subsequent addenda have been sent and posted; notice and receipt thereof are considered formally given as of their respective posting dates. The City of Baton Rouge-

Parish of East Baton Rouge also posts to Central Bidding (http://www.centralauctionhouse.com);

however, bid submission cannot be made through Central Bidding for RFPs.

Inquiry Period:

An inquiry period is hereby firmly set for all interested bidders to perform a detailed review of the bid documents and to submit any written questions relative thereto.

Inquiries are to be directed as follows:

Hand Delivered, Courier, Delivery by United States Postal Services, or Email

Dexter Stewart

City-Parish Purchasing Department

222 St. Louis Street, Room 826

Baton Rouge, LA 70802

• By email:

1200LibProLandscaping@brla.gov

The City-Parish shall not and cannot permit an open-ended inquiry period, as this creates an unwarranted delay in the procurement cycle and operations of our departments. The City-Parish reasonably expects and requires responsible and interested proposers to conduct their in-depth proposal review and submit inquiries in a timely manner.

All inquiries shall be received by 4:00 p.m. CST on October 28, 2026.

https://wwwcfprd.doa.louisiana.gov/osp/lapac/pubMain http://www.centralauctionhouse.com/ mailto:1200LibProLandscaping@brla.gov

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1.5 Proposal Response Format

Proposals submitted for consideration should follow the format and order of presentation described below:

A. Cover Letter: Containing a summary of the Proposer’s ability to perform the services described in the RFP and confirming that the Proposer is willing to perform those services and enter into a contract with the City-Parish. By signing the letter and/or the proposal, the proposer certifies compliance with the signature authority required in accordance with Louisiana law. The person signing the proposal must be:

1. A current corporate officer, partnership member, or other individual specifically authorized to submit a proposal as reflected in the appropriate records on file with the Secretary of

State; or

2. An individual authorized to bind the company as reflected by a corporate resolution, certificate, or affidavit; or

3. Other documents indicating authority that are acceptable to the public entity.

Proposers should exhibit their understanding and approach to the project and address how each element will be accomplished.

The cover letter should also:

• Identify the submitting Proposer.

• Identify the name, title, address, telephone number, fax number, and email address of each person authorized by the Proposer to obligate the Proposer contractually.

• Identify the contact person's name, address, telephone number, fax number, and email address for technical and contractual clarifications throughout the evaluation period.

B. Table of Contents: Organized in the order cited in the format contained herein and ensure that the headings in the proposal align with the requirements listed for ease of review and scoring.

C. Proposer Qualifications and Experience: History and background of Proposer, financial strength and stability, with related services to government entities, existing customer satisfaction, demonstrated volume of merchants, etc. Proposers should exhibit their understanding and approach to the project and address how each element will be accomplished. Proposers should describe their ongoing support service, the size and expertise level of support staff. List of

References and Current Client List. Optional information to include in the proposal to demonstrate qualifications and experience include 1) Detailed resumes of key personnel who will be involved in the project, 2) Copies of all relevant licenses or certifications required for the tasks outlined in the Scope of Services, and/or 3) Descriptions and documentation of past projects that demonstrate the vendor’s ability to perform similar work.

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D. RFP Compliance: Illustrating and describing compliance with the RFP requirements.

• Registration and Licensing: Must be registered with the LA Secretary of State and hold all active licenses necessary to perform the tasks outlined in the Scope of Services.

• Insurance: Must carry insurance coverage throughout the contract period in accordance with

Attachment B.

• Vendors must be registered in Vendor Self Service.

https://selfservice.brla.gov/vss/Vendors/default.aspx.

E. Maintenance Schedule: Typical maintenance schedule (for the differing types of maintenance described in scope) suggested to be implemented. This schedule includes implementation actions, timelines,responsible parties, etc.

F. Financial Proposal: A detailed pricing sheet outlining the vendor’s rates for time and materials and any other relevant costs shall be submitted. This financial proposal shall include any and all costs the Contractor wishes to have considered in the contractual agreement with the City-Parish.

G. References: Proposer should provide names, addresses, telephone numbers and contact persons for three (3) other projects or contracts for which comparable services have recently been rendered, including a description of the services provided.

H. Resumes: Each Proposer should submit resumes for designated personnel (billable classifications listed in proposal form) and any other key personnel to be assigned to this project, including those of subcontractors, if any.Sample Vendor Contract: The City-Parish expects to use its own contract, however, we are interested in a copy of the vendor's contract for consideration.

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1.5.1 Number of Response Copies

Each Proposer shall submit one (1) signed Original response (clearly marked “ORIGINAL”) response.

Three (3) Additional copies of the proposal should be provided, Copy (clearly marked “COPY”) and numbered, as well as one (1) redacted copy (clearly marked “REDACTED”), if applicable (See Section

1.6). A USB flash drive must also be provided.

1.5.2 Legibility/Clarity

Responses to the requirements of this RFP in the formats requested are desirable, with all questions answered in as much detail as practicable. The Proposer’s response is to demonstrate an understanding of the requirements. Proposals prepared simply and economically, providing a straightforward, concise description of the Proposer’s ability to meet the requirements of the RFP, are also desired. Each

Proposer is solely responsible for the accuracy and completeness of its proposal.

1.6 Confidential Information, Trade Secrets, and Proprietary Information

The designation of certain information as trade secrets and/or privileged or confidential proprietary information shall only apply to the technical portion of your proposal. Your cost proposal will not be considered confidential under any circumstances. Any proposal copyrighted or marked as confidential or proprietary in its entirety may be rejected without further consideration or recourse.

For the purposes of this procurement, the provisions of the Louisiana Public Records Act (La. R.S. 44.1

et. seq.) will be in effect. Pursuant to this Act, all proceedings, records, contracts, and other public documents relating to this procurement shall be open to public inspection. Proposers are reminded that while trade secrets and other proprietary information they submit in conjunction with this procurement may not be subject to public disclosure, the proposer must claim protections at the time of submission of its Technical Proposal. The proposers should refer to the Louisiana Public Records Act for further clarification.

The Proposer must clearly designate the part of the proposal that contains a trade secret and/or privileged or confidential proprietary information as “confidential” to claim protection, if any, from disclosure. The Proposer shall mark the cover sheet of the proposal with the following legend, specifying the specific section(s) of his proposal sought to be restricted in accordance with the conditions of the legend:

“The data contained in pages of the proposal have been submitted in confidence and contain trade secrets and/or privileged or confidential information and such data shall only be disclosed for evaluation purposes, provided that if a contract is awarded to this Proposer as a result of or in connection with the submission of this proposal, City of Baton Rouge-Parish of East Baton Rouge shall have the right to use or disclose the data therein to the extent provided in the contract. This restriction does not limit the City of Baton Rouge-Parish of East Baton Rouge’s right to use or disclose data obtained from any source, including the proposer, without restrictions.

Further, each page containing such data shall be specifically identified and marked “CONFIDENTIAL” to protect such data.

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Proposers must be prepared to defend why the material should be held confidential. If a competing proposer or other person seeks review or copies of another proposer's confidential data, the state will notify the owner of the asserted data of the request. If the owner of the asserted data does not want the information disclosed, it must agree to indemnify the City of Baton Rouge-Parish of East Baton Rouge and hold City of Baton Rouge-Parish of East Baton Rouge harmless against all actions or court proceedings that may ensue (including attorney's fees), which seek to order City of Baton Rouge-Parish of East Baton Rouge to disclose the information. If the owner of the asserted data refuses to indemnify and hold the City of Baton Rouge-Parish of East Baton Rouge harmless, the City of Baton Rouge-Parish of East Baton Rouge may disclose the information.

The City of Baton Rouge-Parish of East Baton Rouge reserves the right to make any proposal, including proprietary information contained therein, available to the Purchasing Division personnel, other City-

Parish agencies or organizations, and the project consultant for the sole purpose of assisting City of

Baton Rouge-Parish of East Baton Rouge in its evaluation of the proposal. The City of Baton Rouge-

Parish of East Baton Rouge shall require said individuals to protect the confidentiality of any specifically identified proprietary or privileged business information obtained due to their participation in these evaluations.

If your proposal contains confidential information, you should also submit a redacted copy along with your proposal. If you do not submit the redacted copy, you will be required to submit this copy within 48 hours of notification from Purchasing. When submitting your redacted copy, you should clearly mark the cover as “REDACTED COPY” to avoid having this copy reviewed by an evaluation committee member.

The redacted copy should also state which sections or information have been removed.”

1.7 Proposal Clarifications Prior to Submittal

1.7.1 Mandatory Preproposal Conferences / Site V

When: October 20, 2026

Time: 9:00 am CST

Location: East Baton Rouge Parish Library

7711 Goodwood Boulevard

3rd Floor Board Room

Baton Rouge, LA 70806

Contact: Alvin Rattle Phone: 225-231-3779

A mandatory prebid conference and site visits will be offered for two days. The mandatory preproposal conference and job site visits will provide Proposers with the opportunity to submit questions and obtain official responses from the City-Parish concerning this Request for Proposal. In addition, the mandatory preproposal conference will allow for an overview of the facility and grounds that may be informative to the RFP response. All proposers must ensure a representative be in attendance all sites in order to receive consideration of award under this Request for Proposal.

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1.7.2 Proposer Inquiry Periods

An initial inquiry period is hereby firmly set for all interested proposers to perform a detailed review of the bid documents and submit any written questions. Without exception, all questions MUST be in writing

(even if an answer has already been given to an oral question during the Preproposal conference, if held) and received by the close of business on the Inquiry Deadline date outlined in the Calendar of

Events (See Section 1.3). Initial inquiries shall not be entertained thereafter.

The City of Baton Rouge-Parish of East Baton Rouge shall not and cannot permit an open-ended inquiry period, as this creates an unwarranted delay in our departments' procurement cycle and operations.

The city of Baton Rouge-Parish of East Baton Rouge reasonably expects and requires responsible and interested proposers to conduct their in-depth proposal review and submit inquiries in a timely manner.

Further, we realize that additional questions or requests for clarification may be generated from the City of Baton Rouge-Parish of East Baton Rouge’s addendum responses to the inquiries received during the initial inquiry period. Therefore, a final 3-day inquiry period shall be granted. Questions relative to the addendum shall be submitted by the close of business three working days from the date the addendum is issued (or posted to the LaPAC website at https://wwwcfprd.doa.louisiana.gov/osp/lapac/pubMain). If necessary, another addendum will be issued to address the final questions received. Thereafter, all proposal documents, including but not limited to the specifications, terms, conditions, plans, etc., will stand as written and/or amended by any addendum issued as a result of the final inquiry period.

Any person aggrieved in connection with the specifications contained therein shall submit questions or concerns in writing to the Director of Purchasing (see Section 1.46 ) during the bid period. Otherwise, this will be construed as acceptance by the bidders that the intent of the specifications is clear and that competitive proposals may be submitted as specified herein. Protests regarding the specification documents will not be considered after proposals are opened.

No negotiations, decisions, or actions shall be executed by any bidder because of any oral discussions with any City of Baton Rouge-Parish of East Baton Rouge employee or City of Baton Rouge-Parish of

East Baton Rouge consultant. The City of Baton Rouge-Parish of East Baton Rouge shall only consider written and timely communications from proposers.

Inquiries shall be submitted in writing by an authorized representative of the proposer and clearly cross-referenced to the relevant solicitation section. Only those inquiries received by the established deadline shall be considered by the City of Baton Rouge-Parish of East Baton Rouge. Answers to questions that change or substantially clarify the solicitations shall be issued by addendum and provided to all prospective proposers.

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Inquiries concerning this solicitation may be delivered by mail, express courier, email, or hand to:

City of Baton Rouge-Parish of East Baton Rouge

Purchasing Division

222 Saint Louis Street, Room 826, Baton Rouge, LA 70802

Email: RFP2026131200LibLandscaping@brla.gov

Phone: (225) 389-231-3779

1.8 Errors and Omissions in Proposal

The City of Baton Rouge-Parish of East Baton Rouge will not be liable for any errors in the proposal.

The proposer will not be allowed to alter proposal documents after the deadline for proposal submission, except under the following condition: The City of Baton Rouge-Parish of East Baton Rouge reserves the right to make corrections or clarifications due to patent errors identified in proposals by the City of Baton

Rouge-Parish of East Baton Rouge or the Proposer. At its option, the City of Baton Rouge-Parish of

East Baton Rouge has the right to require clarification or additional information from the Proposer.

1.9 Proposal Guarantee NOT REQUIRED FOR THIS RFP

1.10 Performance Bond NOT REQUIRED FOR THIS RFP

1.11 Changes, Addenda, Withdrawals

The City of Baton Rouge-Parish of East Baton Rouge reserves the right to change the calendar of events or issue Addenda to the RFP at any time. The City of Baton Rouge-Parish of East Baton Rouge reserves the right to cancel or reissue the RFP.

If the proposer needs to submit changes or addenda, such shall be submitted in writing before the proposal opening, signed by an authorized representative of the proposer, cross-referenced clearly to the relevant proposal section, and submitted in a sealed envelope marked as stated in Section 1.4. Such shall meet all requirements for the proposal.

1.12 Withdrawal of Proposal

A proposer may withdraw a proposal submitted at any time up to the proposal closing date and time. To accomplish this, a written request signed by the authorized representative of the proposer must be submitted to Purchasing.

mailto:RFP2026131200LibLandscaping@brla.gov

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1.13 Material in the RFP

Proposals shall be based only on the material contained in this RFP. The RFP includes official responses to questions, addenda, and other material, which may be provided by the City of Baton Rouge-Parish of

East Baton Rouge pursuant to the RFP.

1.14 Waiver of Administrative Informalities

At its sole discretion, the City of Baton Rouge-Parish of East Baton Rouge reserves the right to waive administrative informalities contained in any proposal.

1.15 Proposal Rejection

Issuance of this RFP in no way constitutes a commitment by the City of Baton Rouge-Parish of East

Baton Rouge to award a contract. The City of Baton Rouge-Parish of East Baton Rouge reserves the right to accept or reject any or all proposals submitted or to cancel this RFP if it is in the best interest of the City of Baton Rouge-Parish of East Baton Rouge to do so.

Failure to submit all requested non-mandatory information may result in the City of Baton Rouge-Parish of East Baton Rouge requiring prompt submission of missing information and/or giving a lower score in evaluating the proposal.

1.16 Ownership of Proposal

All materials (paper content only) submitted in a timely manner in response to this request become the property of the City of Baton Rouge-Parish of East Baton Rouge. Selection or rejection of a response does not affect this right. All proposals submitted in a timely manner will be retained by the City of Baton

Rouge-Parish of East Baton Rouge and not returned to the proposers. Copyrighted materials in the response will not be transferred to the City of Baton Rouge-Parish of East Baton Rouge.

1.17 Cost of Offer Preparation

The City of Baton Rouge-Parish of East Baton Rouge is not liable for any costs incurred by prospective

Proposers or Contractors before issuance of or entering into a Contract. Costs associated with developing the proposal, preparing for oral presentations, and any other expenses incurred by the

Proposer in responding to the RFP are entirely the responsibility of the Proposer and shall not be reimbursed in any manner by the City of Baton Rouge-Parish of East Baton Rouge.

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1.18 Non-negotiable Contract Terms

Non-negotiable contract terms include but are not limited to taxes, assignment of contract, audit of records, EEOC and ADA compliance, record retention, content of contract/order of precedence, contract changes, governing law, claims or controversies, and termination based on contingency of appropriation of funds (if applicable).

1.19 Taxes

Any taxes other than state and local sales and use taxes, from which the City of Baton Rouge-Parish of

East Baton Rouge is exempt, shall be assumed to be included within the Proposer’s cost.

1.20 Proposal Validity

All proposals shall be considered valid for acceptance until an award is made unless the Proposer provides for a different time period within its proposal response. However, the City of Baton Rouge-

Parish of East Baton Rouge reserves the right to reject a proposal if the Proposer’s response is unacceptable and the Proposer is unwilling to extend the validity of its proposal.

1.21 Prime Contractor Responsibilities

The selected Proposer shall be required to assume responsibility for all items and services offered in their proposal, whether they produce or provide them. The City of Baton Rouge-Parish of East Baton

Rouge shall consider the selected Proposer to be the sole point of contact regarding contractual matters, including payment of any and all charges resulting from the contract.

1.21.1 Corporation Requirements

Upon the award of the contract, if the contractor is a corporation and not incorporated under the laws of the State of Louisiana, the contractor shall have obtained a certificate of authority pursuant to R.S.

12:301-302 from the Secretary of State of Louisiana before the execution of the contract.

Upon the award of the contract, if the contractor is a for-profit corporation whose stock is not publicly traded, the contractor shall ensure that a disclosure of ownership form has been properly filed with the

Secretary of State of Louisiana.

If services are to be performed in East Baton Rouge, the successful vendor shall supply evidence of a current occupational license and/or permit issued by the City-Parish, if applicable.

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1.22 Use of Subcontractors

Each Contractor shall serve as the single prime contractor for all work performed pursuant to its contract. That prime contractor shall be responsible for all deliverables referenced in this RFP. This general requirement notwithstanding, Proposers may enter into subcontractor arrangements.

Proposers may submit a proposal in response to this RFP, which identifies subcontract(s) with others, provided that the prime contractor acknowledges total responsibility for the entire contract.

The City-Parish is an equal opportunity employer and encourages the participation of Disadvantaged

Business Enterprises (DBE) in all of its projects. Proposers/Prospective Contractors are strongly encouraged to make positive efforts to utilize minority subcontractors for a portion of this project.

Proposers are requested to include in their proposal a description of plans for minority participation under this Contract as suppliers or subcontractors. City of Baton Rouge-Parish of East Baton Rouge strongly encourages the acquisition of goods and services from and direct participation of disadvantaged business enterprises (“DBEs”) from the State of Louisiana and the Baton Rouge

Region and City-Parish certified SEDBEs. The term DBE, as used herein, means a business entity certified as a disadvantaged business enterprise under the Louisiana Unified Certification Program

Disadvantaged Business Enterprise (“LAUCP-DBE”).

The DBE Program is a race- and gender-neutral program intended to provide additional contracting and procurement opportunities for certified small businesses and disadvantaged business enterprises by encouraging contractors who receive state contracts to use good-faith efforts to utilize such certified entities in the performance of those contracts.

The City of Baton Rouge-Parish of East Baton Rouge desires to achieve commercially meaningful and useful participation by DBEs to the greatest extent possible. By providing equitable opportunities for DBEs, the City of Baton Rouge-Parish of East Baton Rouge derives multiple benefits, including contributing to the economic vitality of our communities and ensuring a broader selection of competitively priced goods and services.

Proposers should present a responsible plan that provides for the participation of qualified DBEs.

Proposers should clearly state DBE participation goals and their plan for implementation in their proposals. Proposers should also include information about the participation levels managed on other prior projects.

Participation shall be counted toward meeting the contract goals only by business entities certified under LAUCP-DBE/certified SEDBE by the City of Baton Rouge-Parish of East Baton Rouge. The direct participation goal can be achieved through direct ownership, joint venture participation, owner/operator agreements, or sublease agreements for operations. Participation shall include work opportunities in the planning, development, construction, and operation of the Project.

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The City-Parish is an equal opportunity employer and encourages the participation of Disadvantaged

Business Enterprises (DBE) in all its projects. Proposers/Prospective Contractors are strongly encouraged to make positive efforts to utilize minority subcontractors for a portion of this project.

Proposers are requested to include in their proposal a description of plans for minority participation under this Contract as suppliers or subcontractors.

Each subcontractor must also provide information required by the prime contractor under the terms of the RFP. The subcontractors must agree to be bound by the contract terms. The prime contractor shall assume total responsibility for compliance.

1.23 Written or Oral Discussions/Presentations

Written or oral discussions may be conducted with Proposers who submit proposals that are reasonably susceptible to being selected for award. City of Baton Rouge-Parish of East Baton Rouge reserves the right to enter into an Agreement without further discussion of the proposal submitted based on the initial offers received.

If conducted, any commitments or representations made during these discussions may be formally recorded in the final contract.

Written or oral discussions/presentations for clarification may be conducted to enhance the City-Parish’s understanding of any or all of the proposals submitted. Neither negotiations nor changes to vendor proposals will be allowed during these discussions. Proposals may be accepted without such discussions.

1.24 Acceptance of Proposal Content

If a contract ensues, the mandatory RFP requirements will become contractual obligations. Failure of the successful Proposers to accept these obligations will result in the rejection of the proposal.

1.25 Evaluation and Selection (see Part III Evaluation)

1.26 Contract Negotiations

If, for any reason, the Proposer whose proposal is most responsive to the City-Parish’s needs, price, and other evaluation factors outlined in the RFP considered does not agree to a contract, that proposal shall be rejected, and the City-Parish may negotiate with the next most responsive Proposer. Negotiation may include the revision of non-mandatory terms, conditions, and requirements. Negotiation shall also allow price reductions. The final contract form shall be reviewed by the Purchasing Division and approved by the Parish Attorney and/or Metro Council before issuing a purchase order, if applicable, to complete the process.

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1.27 Contract Award and Execution

The City-Parish reserves the right to enter into an Agreement without further discussion of the proposal submitted based on the initial offers received.

The RFP, any addendums, and the proposal of the selected Contractor will become part of any contract initiated by the City-Parish.

In no event is a proposer to submit its own standard contract terms and conditions as a response to this

RFP. The proposer needs to address the specific language in the sample contract (Attachment E) and submit with their proposal any exceptions or exact contract deviations that their firm wishes to negotiate.

The terms for both documents may be negotiated as part of the negotiation process, except for non-negotiable contract provisions.

If the contract negotiation period exceeds 30 days or the selected Proposer fails to sign the contract within seven calendar days of delivery of it, the City-Parish may elect to cancel the award and award the contract to the next-highest-ranked Proposer.

The award shall be made to the Proposer whose proposal, conforming to the RFP, will be the most advantageous to the City-Parish, price and other factors considered.

The City-Parish intends to award a single Proposer.

1.28 Notice of Intent to Award

Upon review and approval of the evaluation committee’s recommendation for award by Purchasing and

Metro Council, a Notice of Intent to Award letter to the apparent successful Proposer will be issued. All parties concerned will complete and sign a contract on or before the date indicated in the Schedule of

Events. If this date is not met, through no fault of the City-Parish, the City-Parish may elect to cancel the

Notice of Intent to Award letter and make the award to the next most advantageous Proposer.

Purchasing shall notify all unsuccessful Proposers as to the outcome of the evaluation process. The evaluation factors, points, evaluation committee member names, and the completed evaluation summary and recommendation report shall be made available to all interested parties after the Intent to

Award letter has been issued.

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1.29 Right to Prohibit Award

In accordance with the provisions of R.S. 39:2192, any public entity shall be authorized to reject a proposal from, or not award a contract to, a business in which any individual with an ownership interest of five percent or more, has been convicted of, or has entered a plea of guilty or nolo contendere to any state felony or equivalent federal felony crime committed in the solicitation or execution of a contract or

RFP awarded under the laws governing public contracts under the provisions of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, and all contracts under Title 39, Chapter 17 of the Louisiana

Procurement Code, including contracts for professional, personal, consulting, and social services.

Revised Statutes of 1950, and all contracts under Title 39, Chapter 17 of the Louisiana Procurement

Code, including contracts for professional, personal, consulting, and social services.

1.30 Debriefings

Debriefings may be scheduled by the participating Proposers after the Intent to Award letter has been issued by contacting Purchasing 72 hours in advance. Contact may be made by phone at 225-389-

3259 or email to purchasinginfo@brgov.com to schedule the debriefing. Debriefings will be solely for reviewing their proposal scoring results with the requesting vendor.

If the requesting vendor wishes to view other file documents, a Public Records request in accordance with R.S 44.1 et. seq. must be submitted.

1.31 Insurance Requirements

The contractor shall furnish the City-Parish with certificates of insurance affecting coverage(s) required by the RFP (see Attachment B). The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City-Parish will receive and approve the

Certificates before work commences. The City-Parish reserves the right to require complete certified copies of all required policies, at any time.

1.32 Subcontractor Insurance

The Contractor shall include all subcontractors as insureds under its policies or shall insure that all subcontractors satisfy the same insurance requirements stated herein for the contractor.

1.33 Indemnification

Service Provider agrees to indemnify, defend, and hold harmless the City-Parish from any and all losses, damages, expenses or other liabilities, including but not limited to connected with any claim for personal injury, death, property damage or other liability that may be asserted against the City- Parish by any party which arises or allegedly agents in performing its obligations under this Agreement.

mailto:purchasinginfo@brgov.com

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Service Provider, its agents, employees and insurer (s) hereby release City-Parish its agents and assigns from any and all liability or responsibility including anyone claiming through or under them by way or subrogation or otherwise for any loss or damage which Service Provider, its agents or insurers may sustain incidental to or in any way related to Service Provider’s operations under this Agreement.

1.34 Fidelity Bond Requirements NOT REQUIRED FOR THIS RFP

1.35 Payment for Services

The City-Parish shall pay the Contractor per the Pricing Schedule set forth. The Contractor may invoice the City-Parish monthly at the billing address designated. The City-Parish will make payments within approximately thirty (30) days after receiving a properly executed invoice and approval. Invoices shall include the contract or purchase order number, using the department and the product/service provided.

The department may request additional documentation to evidence activity or to ensure proof of payment if the payment is a reimbursement for Vendor-incurred costs. Invoices submitted without the referenced documentation will not be approved for payment until the required information is provided.

1.36 Termination

1.36.1 Termination of this Agreement for Cause- The City-Parish may terminate this contract for cause based upon the failure of the contractor to comply with the terms and/or conditions of the Agreement, or failure to fulfill its performance obligations pursuant to this Agreement, provided that the City of Baton

Rouge-Parish of East Baton Rouge shall give the Contractor written notice specifying the Contractor’s failure. If within thirty (30) days after receipt of such notice, the Contractor shall not have either corrected such failure or, in the case of failure which cannot be corrected in thirty (30) days, begun in good faith to correct such failure and thereafter proceeded diligently to complete such correction, then City of Baton

Rouge-Parish of East Baton Rouge may, at its option, place the Contractor in default and the Agreement shall terminate on the date specified in such notice.

The Contractor may exercise any rights available to it under Louisiana Law to terminate for cause upon the failure of the City-Parish to comply with the terms and conditions of this contract, provided that the contractor shall give the City-Parish written notice specifying City- Parish’s failure and a reasonable opportunity for the City-Parish to cure the defect.

1.36.2 Termination of this Agreement for Convenience – The City-Parish may terminate this

Agreement at any time by giving thirty (30) days' written notice to the Contractor of such termination or negotiating with the Contractor an effective date.

The Contractor shall be entitled to payment for deliverables in progress, to the extent work has been performed satisfactorily.

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1.36.3. Termination for Lack of Appropriated Funds – Should the RFP result in a multi-year contract, a non-appropriation clause shall be made a part of the contract terms as required by state statutes, allowing the City-Parish to terminate the contract for lack of appropriated funds on the date of the beginning of the first fiscal year for which funds are not appropriated.

If grant funds fund the RFP contract services, the City-Parish shall have the right to terminate the contract or any issued Task Order for which funding is terminated.

1.37 Assignment

Assignment of contract or any payment under the contract requires advanced written approval of the

City-Parish.

1.38 No Guarantee of Quantities

The quantities mentioned in the RFP are estimated to be the amount needed. If a greater or lesser quantity is needed, the City-Parish reserves the right to increase or decrease the amount at the unit price stated in the proposal. Neither City-Parish nor Department obligates itself to contract for or accept more than their actual requirements during this agreement, as determined by actual needs and availability of appropriated funds.

1.39 Audit of Records

The City-Parish or others designated by the City-Parish, or other lawful entity, shall have the option to audit all accounts directly pertaining to the resulting contract for five (5) years after project acceptance or as required by applicable Local, State, and Federal law. Records shall be made available during normal working hours for this purpose.

1.40 Civil Rights Compliance

The Contractor agrees to abide by the requirements of the following as applicable: Title VI and Title VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive

Order 11246, the Federal Rehabilitation Act of 1973, as amended the Vietnam Era Veteran’s

Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of

1975, the Contractor agrees to abide by the requirements of the Americans with Disabilities Act of 1990.

The Contractor agrees not to discriminate in its employment practices and will render services under this Agreement and any contract entered into as a result of this Agreement without regard to race, color, religion, sex, sexual orientation, national origin, veteran status, political affiliation, or disabilities. Any act of discrimination committed by the Contractor or failure to comply with these statutory obligations when applicable shall be grounds for termination of this Agreement and any contract entered into because of this agreement.

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1.41 Record Retention

The Contractor shall maintain all records in relation to this contract for a period of at least five (5) years.

1.42 Record Ownership

All records, reports, documents, or other material related to any contract resulting from this RFP and/or obtained or prepared by Contractor in connection with the performance of the services contracted for herein shall become the property of the City-Parish, and shall, upon request, be returned by Contractor to the City-Parish, at Contractor’s expense, at termination or expiration of this contract.

1.43 Content of Contract/Order of Precedence

In the event of an inconsistency between the contract, the RFP, and/or the Contractor’s Proposal, the inconsistency shall be resolved by giving precedence first to the final contract, then to the RFP and subsequent addenda (if any), and finally, the Contractor’s Proposal.

1.44 Contract Changes

No additional changes, enhancements, or modifications to any contract resulting from this RFP shall be made without the prior approval of Purchasing, Parish Attorney, and Metro Council where applicable.

Changes to the contract include any change in compensation, beginning/ending date of the contract, Scope of Services, and/or Contractor change through the Assignment of Contract process. Any such changes, once approved, will result in the issuance of an amendment to the contract.

1.45 Substitution of Personnel

The City-Parish intends to include in any contract resulting from this RFP the following condition:

Substitution of Personnel: If, during the contract term, the Contractor or subcontractor cannot provide the personnel as proposed and requests a substitution, that substitution shall meet or exceed the requirements stated herein. A detailed resume of qualifications and justification is to be submitted to

City-Parish for approval before any personnel substitution. It shall be acknowledged by the Contractor that every reasonable attempt shall be made to assign the personnel listed in the Contractor’s proposal.

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1.46 Governing Law

All activities associated with this RFP process shall be interpreted under applicable Louisiana Law. All proposals and contracts submitted are subject to provisions of the laws of the State of Louisiana, including but not limited to Code of Ordinances, purchasing regulations, standard terms and conditions, special terms and conditions, and specifications listed in this RFP.

In accordance with the provisions of Louisiana R.S. 38:2212.9 in awarding contracts after August 15, 2010, any public entity is authorized to reject the lowest bid from, or not award the contract to, a business in which any individual with an ownership interest of five percent or more has been convicted of, or has entered a plea of guilty or nolo contendere to any state felony crime or equivalent federal felony crime committed in the solicitation or execution of a contract or bid awarded under the laws governing public contracts under the provisions of Chapter 10 of this Title, professional, personal, consulting, and social services procurement under the provisions of Chapter 16 of Title 39 of the Louisiana Revised Statutes of 1950, or the Louisiana Procurement Code under the provisions of Chapter 17 of Title 39 of the

Louisiana Revised Statutes of 1950.

The venue of any action brought regarding this Contract shall be in Nineteenth Judicial District Court, Parish of East Baton Rouge, State of Louisiana.

1.47 Claims or Controversies

Any proposer who believes they were adversely affected by the City Parish’s procurement process or award may file a protest. It must be submitted in writing to the Director of Purchasing, and the facts that form the basis of the protest and the requested relief must be specifically stated. The written protest must be received within seven (7) days from the date the basis of the protest was or should have been known.

The City-Parish will act on protests within fifteen (15) days of receipt. The City-Parish may suspend, postpone, or defer the proposal process and/or award in whole or in part upon receipt of a protest

A protest shall be limited to issues arising from the procurement provisions of the contract and state or local law. Protests regarding basic project design will not be considered.

Protests will be reviewed by a committee appointed by the Parish Attorney. The committee's decision regarding the protest will be given to the proposer in writing within ten (10) days after all pertinent information has been considered. The decision of the Review Committee shall be a condition precedent to any other proceedings in connection with a protest and shall be considered the administrative remedy available to the protesting bidder.

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1.48 Proposer’s…