REQUEST FOR PROPOSAL

RFP Number:

23-181

RFP Title:

Right-of-Way Roadway Maintenance Services

RFP Due Date and Time:

Local Time: June 30, 2023 2:00pm ET

Number of Pages: 42

ISSUING DEPARTMENT INFORMATION

Issue Date: June 2, 2023

City of Johns Creek Purchasing Department 11360 Lakefield Drive Johns Creek, Georgia 30097

Phone: 678-512-3233 Fax: 678-512-3286 Email: purchasing@johnscreekga.gov

Website: www.johnscreekga.gov

INSTRUCTIONS TO OFFERORS

Return (RFP) Request for Proposal:

All bid submissions shall be submitted electronically via the City’s Bid platform; BidNet and with hard copies (5) by mail or in-person to City Hall prior to 2:00 pm ET June 30, 2023.

Five (5) hard copies of technical proposals and (1) printed copy of required forms and documents shall be submitted. (1) Sealed marked envelope #2 with firm’s name, 23-181.

All questions must be submitted via BidNet no later than 5:00 pm on June 16, 2023. Answers to questions & Addendums will be posted on BidNet.

This RFP will not have a Pre-Bid Meeting.

Questions can be submitted in BidNet up until the Q&A deadline.

Special Instructions-Bid Submissions:

Register for BidNet at:

https://www.johnscreekga.gov/Residents/Purchasing click: register and view quote/RFP opportunities Hard Copy submissions: Deliver to:

City of Johns Creek Attn: Purchasing RFP 23-181 11360 Lakefield, Drive, GA. 30097

Envelope #1 lose in envelope/box Submission:

1. Required RFP forms (1 one printed copy). W9, E-verify, 50-36-1, submittal, cover page, drug free workplace. Addendums etc...& (1 PDF in BidNet)

2. Technical Proposal: Defined in Section 3.0 (proposal defines RFP) (5 copies) (1 PDF in BidNet) No cost proposals shall be submitted in envelope #1 or unsealed.

Envelope #2 (1 envelope hard copy and 1 PDF) In BidNet Submission:

Cost Proposal Appendix B shall be enclosed sealed marked “Envelope 2 Cost proposal-Firm Name

IMPORTANT: SEE STANDARD TERMS AND CONDITIONS

OFFERORS MUST COMPLETE THE FOLLOWING & Include with required Forms

Offeror Name/Address:

Authorized Offeror Signatory:

(Please print name and sign in ink) Offeror Phone Number: Offeror FAX Number:

Offeror Federal I.D. Number: Offeror E-mail Address:

OFFEROR’S RFP CHECKLIST

The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Johns Creek

1. _______ Read the entire document. Note critical items such as: mandatory requirements;

supplies/services required; submittal dates; number of copies required for submittal; funding amount and source;

contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.).

2. _______ Note the procurement officer's name, address, phone numbers 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 for any questions you may have.

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

4. _______ Take advantage of the “question and answer” period. Submit your questions online in BidNet by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are available online in BidNet and will include all questions asked and answered concerning the RFP.

5. _______ Follow the format required in the RFP when preparing your response. 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 or evaluation committee will know what your company’s capabilities are or what items/services you can provide, even if you have previously contracted with the City. The Proposal is evaluated based solely on the information and materials provided in your response.

7. _______ Use the forms provided, i.e., cover page, sample budget form, certification forms, etc.

8. _______ Check for RFP addenda. Before submitting your response, check online in BidNet for any addenda the City has issued.

9. _______ Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response.

10. _______ Submit your response 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 Request for Proposal (RFP) responses are never accepted.

This checklist is provided for assistance only and should not be submitted with Offeror’s Response

CITY OF JOHNS CREEK

RFP 23-181

REQUEST FOR PROPOSAL

PROPOSAL LETTER

We propose to furnish and deliver any and all of the deliverables and services named in the attached Request for Proposal (RFP) for which prices have been set. 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 Office, City of Johns Creek, and subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and the City of Johns Creek.

It is understood and agreed that we have 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. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City of Johns Creek reserves the right to reject any or all submittals, 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 sixty (60) days from proposal opening date.

PROPOSAL SIGNATURE AND CERTIFICATION

(Offeror to sign and return with proposal)

I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal 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 Proposals for the Offeror. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq., have not been violated and will not be violated in any respect.

Authorized Signature______________________________Date_______________________

Print/Type Name____________________________________________________________

Print/Type Company Name Here_______________________________________________

CITY OF JOHNS CREEK

DISCLOSURE FORM

This form is for disclosure of campaign contributions and family member relations with City of Johns Creek officials/employees.

Please complete this form and return as part of your RFP package when it is submitted.

Name of Offeror __________________________________________________

Name and the official position of the Johns Creek Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.)

List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Johns Creek Official.

Amount/Value Description

Please list any family member that is currently (or has been employed within the last 12 months) by the City of Johns Creek and your relation:

TABLE OF CONTENTS

ISSUING DEPARTMENT INFORMATION

INSTRUCTIONS TO OFFERORS

OFFERORS RFP CHECKLIST

PROPOSAL LETTER-INCLUDED WITH REQUIRED FORMS SUBMISSION

DISCLOSURE FORM-INCLUDED WITH REQUIRED FORMS SUBMISSION

TABLE OF CONTENTS……………………………………………………………………………………..5-7

1.0 INTRODUCTION

1.1 PURPOSE OF PROCUREMENT

1.2 ELIGIBILITY/PROPOSAL

1.2.1 PROPOSAL CERTIFICATION

1.3 SCHEDULE OF EVENTS

1.4 RESTRICTIONS ON COMMUNICATIONS WITH STAFF

1.5 DEFINITION OF TERMS

1.6 DESCRIPTION OF REQUIREMENTS

1.6.1 RESULTING CONTRACT

1.6.2 MANDATORY REQUIREMENTS

1.6.3 UNDERSTANDING OF SPECIFICATIONS AND REQUIREMENTS

1.6.4 PRIME CONTRACTOR/SUBCONTRACTORS

1.6.5 OFFEROR’S SIGNATURE

1.7 SUBMITTING A PROPOSAL

1.7.1 ORGANIZATION OF PROPOSAL

1.7.2 FAILURE TO COMPLY WITH INSTRUCTION

1.7.3 MULTIPLE PROPOSALS

1.7.4 COPIES REQUIRED AND DEADLINE FOR RECEIPT OF REQUEST FOR PROPOSAL

1.7.5 LATE PROPOSALS

1.8 REQUIRED REVIEW

1.8.1 REVIEW RFP

1.8.2 FORM OF QUESTIONS

1.8.3 CITY’S ANSWERS

1.8.4 STANDARD TERMS AND CONDITIONS/STANDARD CONTRACT

1.8.5 PROJECT OVERSIGHT AND STAFFING

2.1 AUTHORITY

2.2 OFFEROR COMPETITION

2.3 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION

2.3.1 PUBLIC INFORMATION

2.3.2 PROCUREMENT OFFICER REVIEW OF PROPOSALS

2.4 CLASSIFICATION AND EVALUATION OF PROPOSALS

2.4.1 INITIAL CLASSIFICATION OF PROPOSALS AS RESPONSIVE OR NON-RESPONSIVE

2.4.2 DETERMINATION OF RESPONSIBILITY

2.4.3 EVALUATION OF PROPOSALS

2.4.4 COMPLETENESS OF PROPOSALS

2.4.5 OPPORTUNITY FOR DISCUSSION/NEGOTIATION ORAL PRESENTATION/PRODUCT DEMONSTRATION .. 13

2.4.6 BEST AND FINAL OFFER

2.4.7 Omitted from RFP…

2.4.8 REQUEST FOR DOCUMENTS NOTICE

2.4.9 CONTRACT NEGOTIATION

2.5 CITY'S RIGHTS RESERVED

3.0 MANDATORY REQUIREMENTS

3.1 BACKGROUND INFORMATION

3.2 PROPOSAL PURPOSE AND SUMMARY OF PROCUREMENT

3.3 SCOPE OF SERVICES

3.4 VENDOR PRIOR WORK EXPERIENCE

3.5 VENDOR LOCAL MANPOWER REQUIREMENT

3.6 PROJECT MANAGER ASSIGNMENT

3.7 BID EVALUATION

3.8 GENERAL PROVISIONS

4.0 PROPOSAL SUBMISSION AND EVALUATION

4.1 PROCESS FOR SUBMITTING PROPOSALS

4.1.1 PREPARATION OF PROPOSALS

4.1.2 PACKAGING OF PROPOSALS-REQUIRED

4.1.3 NUMBER OF PROPOSALS COPIES

4.1.4 SUBMISSION OF PROPOSALS

4.2 EVALUATION PROCESS

4.2.1 ADMINISTRATIVE REVIEW

4.2.2 MANDATORY REQUIREMENTS REVIEW

4.2.3 TECHNICAL PROPOSAL SCORING EVALUATION

4.2.4 ORAL PRESENTATIONS

4.2.5 COST EVALUATION

4.3 REJECTION OF PROPOSAL/CANCELLATION OF RFP

4.4 CITY’S RIGHT TO INVESTIGATE AND REJECT

4.4.1 OFFEROR INFORMATIONAL REQUIREMENTS

4.4.1.1 REFERENCES

4.4.1.2 COMPANY PROFILE AND EXPERIENCE / RESUME

5.0 TERMS AND CONDITIONS

5.1 RFP AMENDMENTS

5.2 PROPOSAL WITHDRAWAL

5.3 COST FOR PREPARING PROPOSAL

5.4 CONTRACT

5.4 CONTRACT TERM

5.5 CONFLICT OF INTEREST

5.6 MINORITY BUSINESS POLICY

5.7 ADA GUIDELINES

5.8 COMPLIANCE WITH LAWS

5.9 GOVERNING TERMS

5.10 INDEMNIFICATION

5.11 CORRECTIONS/CREDITS

5.12 INSURANCE

5.13 CANCELLATION

5.14 INDEPENDENT CONTRACTOR

5.15 NO ASSIGNMENT

5.16 AUDIT

5.17 ATTORNEY’S FEES

5.18 MISCELLANEOUS

APPENDIX A

SCOPE OF SERVICES

APPENDIX B

FINANCIAL COST PROPOSAL

APPENDIX C. REQUIRED DOCUMENTS / FORMS

1.0 INTRODUCTION

1.1 Purpose of Procurement

The City of Johns Creek, Georgia (City) is accepting proposals from qualified experienced firms for Roadway Maintenance Services for the city’s Public Works Department.

1.2 Eligibility/Proposal

To be eligible for award of a contract in response to this solicitation the Contractor (s) should demonstrate that they, or the principals assigned to the contract, have successfully completed services, as specified in the Technical Specifications/Scope of Services section of this solicitation, and are normally and routinely engaged in performing such services. In addition, the Contractor must have no conflict of interest with regard to any other work performed by the Contractor for the City of Johns Creek.

Contractor should provide the City with credentials supporting their past experience, and expertise, including organization, amount of fleet, and labor/manpower, to ensure satisfactory execution of the services contained in the RFP. The contractor should provide a list of references with particular emphasis on other governmental agencies, and include clients and past clients within the Atlanta/Fulton County area, and the number of years in business providing these services.

1.2.1 Proposal Certification

Pursuant to the provisions of the Official Code of Georgia Annotated 50-5-67(a), the City of Johns Creek certifies the use of competitive sealed bidding will not be practical or advantageous to the City in completing the acquisition described in this RFP. All Proposals submitted pursuant to this request will be made in accordance with the provisions of this RFP.

1.3 Schedule of Events

Event: Date:

Release of RFP June 2, 2023 RFP Vendor Question Deadline June 16, 2023 5:00 PM Submit questions only online via BidNet

RFP Bid Submissions Due (Opening Date) June 30, 2023 2:00 PM Proposals submissions are due, hard copies in-person at City Hall & electronically in BidNet

RFP Shortlist Interviews (if necessary) Week of July 10th. 2023 Intent to Award Notice July 14, 2023 (around or about) City Council Work Session Discussion July 25, 2023 City Council Vote August 8, 2023 Contract Commencement October 1, 2023

1.4 Restrictions on Communications with Staff

All questions about this RFP must be submitted online only through BidNet in the following format:

1. Question Citation of relevant section of the RFP

2. Question Citation of relevant section of the RFP

Questions must be submitted online only through the electronic bidding platform. Go to the city website, purchasing page https://www.johnscreekga.gov/Residents/Purchasing and follow the links to the Georgia Purchasing Group by BidNet.

Additional assistance is available by emailing the City of Johns Creek Purchasing Division at purchasing@johnscreekga.gov .

Questions must include the company name and the referenced RFP section.

From the issue date of this RFP until a contractor is selected and the selection is announced, Offerors are not allowed to communicate for any reason with any City staff, elected officials, or other contractors or sub-contractors except through the Issuing Officer named herein, or during the Offeror's conference, or as provided by existing work agreement(s). The City reserves the right to reject the Proposals of any Offeror violating this provision. All questions concerning this RFP must be submitted electronically online via BidNet. No questions other than online will be accepted. No response other than online will be binding upon the City.

1.5 Definition of Terms

OCGA - Official Code of Georgia Annotated (State Statute)

Offeror - Respondent to this Request for Proposals

RFP - Request for Proposals

1.6 Description of Requirements

The City of Johns Creek has established certain requirements with respect to Proposals/ to be submitted by Offerors.

Whenever the terms "shall", "must", "will", or "is required" are used in the RFP, the specification being referred to is a mandatory requirement of this RFP. Failure to meet any mandatory requirement will cause rejection of Offeror's proposal.

Whenever the terms "can", "may", or "should" are used in the RFP, the specification being referred to is desirable and failure to provide any items so termed may not be cause for rejection, however, may cause a reduction in score awarded.

1.6.1 Resulting Contract

This RFP and any addenda, the Offeror’s RFP response, including any amendments, a best and final offer, and any clarification question responses shall be included in any resulting contract. The City’s contract contains the contract terms and conditions which will form the basis of any contract between the City and the highest-scoring Offeror. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract.

1.6.2 Mandatory Requirements

To be eligible for consideration, an Offeror must meet the intent of all mandatory requirements. The City will determine whether an Offeror’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive.

1.6.3 Understanding of Specifications and Requirements

By submitting a response to this RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP.

1.6.4 Prime Contractor/Subcontractors

The highest scoring 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 reserves the right to approval all subcontractors. The Contractor shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons employed directly or indirectly by such Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City.

1.6.5 Offeror’s Signature

The Proposals must be signed in ink by an individual authorized to legally bind the business submitting the Proposals. The Offeror’s signature on a Proposal in response to this RFP guarantees that the offer has been established without collusion and without effort to preclude the City of Johns Creek from obtaining the best possible supply or service. Proof of authority of the person signing the RFP response must be furnished upon request.

1.7 Submitting a Proposal

1.7.1 Organization of Proposal

Offerors must organize their proposal into sections that follow the format of this RFP, with tabs separating each section. A point-by-point response to all numbered sections in section 3.0, subsections, and appendices is required. If no explanation or clarification is required in the Offeror’s response to a specific subsection, the Offeror shall indicate so in the point-by-point response or utilize a blanket response for the entire 3.0 section with the following

Statement: “(Offeror’s Name)” understands and will comply.

1.7.2 Failure to Comply with Instruction

Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any proposals that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information.

1.7.2 Multiple Proposals

Offerors may, at their option, submit multiple proposals, in which case each proposal shall be evaluated as a separate document. Offerors may also submit proposals for one Right of Way Roadway Service or submit for multiple Right of Way Roadway Services.

1.7.3 Copies Required and Deadline for Receipt of Request for Proposal

Offerors must submit proposal online through BidNet with hard copies to City Hall. Technical Proposals and all required and other bid documents for electronic bid submission must be uploaded in envelope # (1) in BidNet. All cost (financial) proposals must be uploaded in envelope (2) in BidNet. Hard Copies shall be submitted to City Hall, City of Johns Creek Purchasing Division RFP 23-181 11360 Lakefield Drive

Johns Creek, GA 30097

Envelope #1 or loose in the box, Offeror’s technical proposal, and five (5) copies bound. One (1) copy of the Offeror’s RFP required forms. Offeror’s cost proposal shall be in a separate Envelope, marked Envelope #2- cost proposal RFP 23-181 with Offeror’s name on it with

Request for Proposal must be received electronically through BidNet with hard copies to City Hall prior to 2:00 pm, Friday, June 30, 2023.

1.7.5 Late Proposals

Regardless of cause, late Proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Offeror’s sole risk to assure delivery at the receptionist's desk at the designated office by the designated time. Late Proposals will not be opened and may be returned to the Offeror at the expense of the Offeror or destroyed if requested.

1.8 Required Review

1.8.1 Review RFP

Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the City’s identified procurement officer in writing or via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP.

1.8.2 Form of Questions.

Offerors with questions or requiring clarification or interpretation of any section within this RFP must address these questions online only via BidNet on or before 5 PM June 16, 2023. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered.

1.8.3 City’s Answers.

The City will provide an official written answer to all questions received by June 16, 2023 5:00 pm. The City's response will be by formal addendum published online via BidNet. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be published on BidNet and the State of Georgia DOAS Website. Offerors must acknowledge receipt of all bid documents and addenda prior to submission of their RFP response.

1.8.4 Standard Terms and Conditions/Standard Contract.

By submitting a response to this RFP, Offeror agrees to acceptance of the standard terms and conditions and standard contract as set out in Appendices C of this RFP. Much of the language included in the standard terms and conditions and standard contract reflects requirements of state law. Requests for exceptions to the standard terms and conditions, standard contract terms, or any added provisions must be submitted to the City’s identified procurement officer by the date for receipt of questions or with the Offeror’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Offeror’s ability to respond to the RFP or perform the contract. The City reserves the right to address non-material, minor, insubstantial requests for exceptions with the highest-scoring Offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal addendum issued for this RFP and will apply to all Offerors submitting a response to this RFP.

1.8.5 Project Oversight and Staffing

The successful Offeror will report to the Project Manager for the City, to be determined at the contract kick-off meeting with the awarded Contractor. Project status is mandatory, during the work via in-process reviews (IPR’s), reports, and/ or other interactions as proposed or specified.

2.0 RFP STANDARD INFORMATION

2.1 Authority

This RFP is issued under the authority of the Purchasing Division of the City of Johns Creek. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used.

2.2 Offeror Competition

The City encourages free and open competition among Offerors. Whenever possible, the City will design specifications, Proposals, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies.

2.3 Receipt of Proposals and Public Inspection

2.3.1 Public Information

All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying shortly after the time for receipt of Proposals has passed with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated and documented; (2) matters involving individual safety as determined by the City of Johns Creek (3) any company financial information requested by the City of Johns Creek to determine Contractor responsibility, unless prior written consent has been given by the Offeror; and (4) other constitutional protections.

2.3.2 Procurement Officer Review of Proposals.

Upon opening the proposals received in response to this RFP, the procurement officer in charge of the solicitation will review the proposals and separate out any information that meets the referenced exceptions in Section 2.3.1 above, providing the following conditions have been met:

Confidential information is clearly marked and separated from the rest of the proposal.

The proposal does not contain confidential material in the cost or price section.

An affidavit from an Offeror’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal containing trade secrets.

Information separated out under this process will be available for review only by the procurement officer, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party.

2.4 Classification and Evaluation of Proposals

2.4.1 Initial Classification of Proposals as Responsive or Non-responsive

All proposals will initially be classified as either “responsive” or “non-responsive”. Proposals may be found non-responsive at any time during the evaluation process or contract negotiation if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the proposal is not within the plans and specifications described and required in the RFP. If a proposal is found to be non-responsive, it will not be considered further.

2.4.2 Determination of Responsibility

The procurement officer will determine whether an Offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of non-responsibility. If an Offeror is found non-responsible, the determination must be in writing, made a part of the procurement file and mailed to the affected Offeror.

2.4.3 Evaluation of Proposals

The evaluation committee will evaluate all responsive proposals and recommend whether to award the contract to the highest scoring Offeror or, if necessary, to seek discussion/negotiation or a best and final offer in order to determine the highest scoring Offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing price, quality, and contractual factors. These scores will be used to determine the most advantageous offering to the City.

2.4.4 Completeness of Proposals

Selection and award will be based on the Offeror’s proposal and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Offerors outside the formal response or subsequent discussion/negotiation or “best and final offer,” if requested, will not be considered, will have no bearing on any award, and may result in the Offeror being disqualified from further consideration.

2.4.5 Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration

After receipt of all proposals and prior to the determination of the ward, the City may initiate discussions with one or more Offerors should clarification or negotiation be necessary. Offers may also be required to make an oral presentation and/ or product demonstration to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to Johns Creek, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations and product demonstrations, if requested, shall be at the Offeror’s expense.

2.4.6 Best and Final Offer

The “Best and Final Offer” is an option available to the City under the RFP process, which permits the City to request a “best and final offer” from one or more Offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their “best and final offer,” which must include any and all discussed and/or negotiated changes. The City reserves the right to request a “best and final offer” for this RFP, if any, based on price/cost alone.

2.4.8 Request for Documents Notice

Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer will issue a “Request for Documents Notice” to the highest-scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. The procurement officer will notify all other Offerors of the City's intent to begin contract negotiation with the highest-scoring Offeror.

2.4.9 Contract Negotiation

Upon issuance of the “Request for Documents Notice,” the procurement officer and/or City representatives may begin contract negotiation with the responsive and responsible Offeror whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Offeror fails to provide necessary documents or information in a timely manner or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Offeror.

2.4.10 Contract Award

The contract award, if any, will be made to the highest scoring Offeror who provides all required documents and successfully completes contract negotiation. Additional information section 3.2 “Best Value Approach Selection”.

2.5 City’s Rights Reserved

Issuance of the RFP in no way constitutes a commitment by the City of Johns Creek 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:

Cancel or terminate this RFP;

Reject any or all Proposals received in response to this RFP;

Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have a significant impact on any Proposals;

Not award if it is in the best interest of the City not to proceed with contract execution; or If awarded, terminate any contract if the City determines adequate City funds are not available.

3.0 MANDATORY REQUIREMENTS

This section identifies all mandatory requirements which must be present in the proposal before further consideration will be given. Offeror must prepare and submit a response which references the page(s) of technical experience, qualifications, references, all required documents and the separate envelope with financial /cost proposal response where satisfaction of the Mandatory Requirements is substantiated.

3.1 Background Information

The City of Johns Creek has a population of over 83,000 and covers a geographic area over 31 square miles.

The City functions under the governance of a City Council and the management of a City Manager.

The Public Works Department is responsible for providing high quality and responsive service to the residents of Johns Creek, including the on-call and maintenance staff who strive to respond to citizen and community requests in a professional and timely manner. The Contractor is expected to provide the same or better level of service.

3.2 Proposal Purpose and Summary of Procurement

The city of Johns Creek is seeking proposal(s) from highly qualified firms to provide all personnel, materials and services necessary to provide Right of Way Roadway Maintenance Services for the City more particularly described in Section 3.3, Exhibit A Scope of Services. Services provided by the successful firm in this procurement shall be managed and directed by the City.

The City contemplates award of fixed-price contract(s) resulting from the RFP which provides the best overall value to the City. The City reserves the right to make a single award or multiple award for each individual scope of work service or no award, if these options are in the City’s best interest.

This is a best-value source selection procurement, based upon the performance price (PPT) trade-off model.

The process is a simplified best-value source selection strategy that permits a trade-off between price and performance in reaching the award decision. There are Six (6) evaluation factors: 1) Itemized Cost List (no $-leave blank); 2) Equipment List; 3) Scope of Services Approach; 4) Experience; 5) References. 6) Cost proposals will be evaluated solely by the Purchasing Manager and tabulated with other evaluation factors listed previously.

3.3 Scope of Services

See Attached Exhibit A (A1, A2 and A3).

Roadway Maintenance A. Scope of Services B. Enhanced Scope of Services C. Emergency or Special Project Services D. Quality Control Measures

Storm Drain Maintenance

B. Enhanced Scope of Services C. Emergency or Special Project Services D. Quality Control Measures

Sign Maintenance

B. Materials or Special Project Services C. Quality Control Measures

*See attached performance review checklist for each scope of service.

Vendor Qualifications

3.4 Vendor Prior Work Experience

The vendor awarded this contract must have prior experience with the scope of service. The city therefore request firms proposals to include three (3) examples of work with similar “scope of services” preferably requirements and size of service outlined in Exhibit A.

3.5 Vendor Local Manpower Requirement

Due to requirements in performing the scope of services, an ongoing presence of manpower is required.

Additionally, it may be the intent of the city to contract with multiple vendors for individual scope of services outlined in this RFP. Vendors outside of the Atlanta metropolitan area without an existing local presence will not be considered. The vendor is to provide a description of manpower availability and how this requirement will be met.

3.6 Project Manager Assignment

The awarded Contractor must provide a dedicated Project Manager who will act as a single point of contact for all activities regarding the scope of service the firm is awarded. The Project Manager will be required to provide ongoing reports and communication with the City Project Manager for Right of Way Roadway Maintenance Service. The Project Manager will be totally responsible for all aspects of the work and shall seek the City Project Manager approval prior to making immediate decisions regarding implementation or changes to the work. The Project Manager must be a management employee and will not be involved in personally performing scope of services. The project manager will be required to report and meet with City staff as required. The Vendor is to submit the resumes for all Project Managers who may be assigned to the project.

3.7 Bid Evaluation (Mandatory Response Technical Proposal)

The city does not select bids based solely on price. The following criteria are also considered during the selection process:

1. Compliance with all required bid documents

2. Completeness of bid response

3. Contractor qualifications and references

4. Price Proposal (only in 2nd envelope-Lump sum annual & uploaded additional Itemized Cost List)

5. Scope of Service Approach

6. Professional Licenses

7. List of Equipment for scope of service

8. Itemized Cost list (envelope 1 no costs) (envelope 2 with cost)

Experience (35 points max)

Qualifications of individual key staff.

Resume of Project Managers Successful firm/team experience of projects of similar scope and complexity.

Provide examples of similar scope of work experience (3) Review Vendor Qualifications Section 3.2 to 3.6 to include

Approach/ Methodology-Scope of Work (25 points max)

Demonstrate understanding of project requirements.

Suitability of proposed services, comprehensiveness of the work processes, and quality assurance.

Methods (approach) proposed to meet the City’s objective.

Originality of concepts and approach to reach desired objectives.

Describe any services that your firm provides above and beyond your competition Completeness, adequacy, and responsiveness to RFP.

Firm conveyed knowledge of City’s roadways within the approach

Equipment List (5 points max)

Provide a list of equipment Offeror proposes to be used for Scope of Work for each service (review scope of work in Appendix A)

Provide recommendations of equipment firm desires staging within the City (if any)

References (10 points max) See section 3.4, a minimum of 3 references (can provide up to 5) of similar scope of this

RFP required Must have contact information including name, phone number and email address

Itemized Cost List of -Additional Services w/ No $ Amount (leave blank) (5 points max)

Can be the bottom of a blank Exhibit B form or a separate document on firm’s letterhead

Cost Proposal-Lump Sum (20 points max) Use Exhibit B document within this RFP for each service Provide firm’s itemized additional services Cost List-w/ pricing On letterhead, state any discounted dollar amount for Year #1, Year #2, and Year

#3 for awarding to your firm three services (bundle discount).

3.8 General Provisions

See attached Exhibit: A4

4.0 PROPOSAL SUBMISSION AND EVALUATION

4.1 Process for Submitting Proposals

4.1.1 Preparation of Proposals

Each Proposal should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation. If supplemental materials are a necessary part of the proposal / Qualifications, the Offeror should reference these materials in the proposals, identifying the document(s) and citing the appropriate section and page(s) to be reviewed. Firms may submit proposals for one (1) ROW Roadway Maintenance Service or submit for multiple Right of Way Roadway Maintenance Services.

4.1.2 Packaging of Proposals-Required

The Offeror's Proposals documents needs uploaded into the RFP 23-181 in BidNet with hard copies to City Hall. All bid responses need uploaded into the appropriate envelope. Documents Offerors will upload in BidNet with hard copies to City Hall are as follows:

Envelope # 1.

A) RFP required forms (1 electronic copy scanned into 1 PDF & 1 hard copy to City Hall):

Request for Proposal RFP Cover Page-Signed Disclosure Form Proposal Letter Immigration & Security Form-Appendix C OCGA Affidavit Form-Appendix C

Business and other required licenses W9 Firms Qualifications Proposal outlined in section 3.0 Any other documents required by RFP, NOT INCLUDING Firm’s Cost Proposal

B) RFP Technical Proposal (1 electronic copy scanned into 1 PDF & 5 hard copies to City Hall)

Envelope #2

Financial /cost proposal & Itemized Cost List with cost. (1 hard copy separate sealed envelope marked Envelope #2 RFP 23-181-Cost Proposal & Firm Name.

4.1.3 Number of Proposals Copies

Electronically through BidNet: 1 copy the required forms, 1 copy of the technical proposal, Envelope #2: 1 cost proposal. Hard copies to City Hall: 1 hard copy of required forms & documents & five

(5) hard copies of technical proposal, Envelope #2-1 sealed cost proposal.

4.1.4 Submission of Proposals

Proposals must be submitted online through BidNet with hard copies to City Hall prior to 2 PM June 30, 2023. Vendors can register for BidNet through the City’s website at:

https://www.johnscreekga.gov/Residents/Purchasing

Any Proposal received after the due date and time will not be accepted.

4.2 Evaluation Process

All responsive Proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing price, quality, and contractual factors. These scores will be used to determine the most advantageous offering to the City. Only those that meet the evaluation criteria will be considered as pre-qualified.

4.2.1 Administrative Review

The Proposals will be reviewed by the Procurement Officer for the following administrative requirements:

1. Submitted by the deadline.

2. Submissions in both Envelope 1 and Envelop 2 per instructions.

3. All required documents have been submitted.

4. All documents requiring an original signature have been signed and are included.

4.2.2 Mandatory Requirements Review

Proposals which pass the administrative review will then be reviewed by the Technical Evaluation Committee to ensure all requirements identified in Section 3.0 are addressed satisfactorily.

4.2.3 Technical Proposal Scoring Evaluation

In this phase, the Evaluation Committee will evaluate the quality and completeness of each technical submittal as it addresses each requirement of the RFP. The RFP carries a total weight of 100 points.

Technical submittals will be evaluated and scored in categories. Each category is assigned a maximum point value. Technical submittals must receive at least 60 points (60%) to be further evaluated.

The following items are evaluation criteria for all qualifying submittals and will be rated on a point basis by the Evaluation Committee. Offerors must provide all information as required in Section II and Section

III.

Experience (35%) Approach-Scope of Work (25%) Equipment List (5%) References (10%) Itemized Cost List-NO $ COST (5%) Cost Proposal-Lump Sum (20%)

100%

4.2.4 Oral Presentations

The City reserves the right to request a firm(s) to interview in person with the evaluation committee.

4.2.5 Cost Evaluation

Although cost is a significant factor, it will not be the dominant factor. Any proposal which does not include all the statements and affirmations called for in the RFP will be automatically rejected as not being responsive. The final award will be made to the firm making the most favorable submittal to the City of Johns Creek taking into account all the above criteria. Offeror’s cost proposals are lump sum for each scope of service for an annual contract and an Itemized Cost list for additional services.

4.3 Rejection of Proposal/Cancellation of RFP

The City reserves the right to reject any or all Proposals, to waive any irregularity or informality in a proposal, and to accept or reject any item or combination of items, when to do so would be to the advantage of the City. It is also within the right of the City to reject Proposals that do not contain all elements and information requested in this document. The City reserves the right to cancel this RFP at any time. The City will not be liable for any cost/losses incurred by the Offerors throughout this process.

4.4 City’s Right to Investigate and Reject

The City may make such investigations as deemed necessary to determine the ability of the Offeror to provide the supplies and/or perform the services specified.

4.4.1 Offeror Informational Requirements

In determining the capabilities of an Offeror to perform the services specified herein, the following informational requirements must be met by the Offeror. (Note: Each item must be thoroughly addressed.

Offerors taking exception to any requirements listed in this section may be found non-responsive or be subject to point deductions.)

4.4.1.1 References

Offeror shall provide a minimum of three (3) references that are using services of the type proposed in this RFP. The Vendor must provide a minimum of four (4) reference accounts at which similar work have been completed by the vendor within the last three years. If the Vendor has performed work with the city and wishes to list their previous project(s) as a single reference, they may do so. At a minimum, the Offeror shall provide the company name, the location where the services were provided, contact person(s), customer’s telephone number, a complete description of the service type, and dates the services were provided. These references may be contacted to verify Offeror’s ability to perform the contract. The City reserves the right to use any information or additional references deemed necessary to establish the ability of the Offeror to perform the conditions of the contract. Negative references may be grounds for Proposal disqualification.

4.4.1.2 Company Profile and Experience / Resume

Offeror shall specify how long the individual/company submitting the Proposal has been in the business of providing services similar to those requested in this RFP and under what company name.

5.0 TERMS AND CONDITIONS

5.1 RFP Amendments

The City reserves the right to amend this RFP prior to the Proposal due date. All amendments and additional information will be posted to BidNet and to the DOAS/Georgia Procurement Registry, located at:

http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp Offerors are encouraged to check these website frequently.

5.2 Proposal Withdrawal

A submitted Proposal may be withdrawn prior to the due date by a written request to the Issuing Officer. A request to withdraw a Proposal must be signed by an authorized individual.

5.3 Cost for Preparing Proposal

The cost for developing the Proposal is the sole responsibility of the Offeror. The City will not provide reimbursement for such costs.

5.4 Contract

Prior to award, the apparent winning Offeror will be required to enter into discussions with the City to resolve any contractual differences before an award is made. These discussions are to be finalized and all exceptions resolved within one (1) week of notification. Failure to resolve contractual differences will lead to rejection of the Offeror's proposal.

The City reserves the right to modify the Contract to be consistent with the successful offer and to negotiate with the successful Offeror other modifications, provided that no such modifications affect the evaluation criteria set forth herein, or give the successful Offeror a competitive advantage.

5.4 Contract Term

The contract between the City and the Contractor shall begin and end on the dates specified unless terminated earlier in accordance with the applicable terms and conditions. The initial term of this contract shall be one year beginning October 1, 2023, through September 30, 2024. The City has the option, in its sole discretion, to renew the Contract year to year (12 months) for the Period of October 1 through September 30 for an additional four (4) years.

5.5 Conflict of Interest

If an Offeror has any existing client relationship that involves the City of Johns Creek, the Offeror must disclose each relationship.

5.6 Minority Business Policy

It is the policy of the City of Johns Creek that minority business enterprises shall have a fair and equal opportunity to participate in the City purchasing process. Therefore, the City of Johns Creek encourages all minority business enterprises to compete for, win, and receive contracts for goods, services, and construction. Also, the City encourages all companies to sub-contract portions of any City contract to minority business enterprises.

The City of Johns Creek, in accordance with Title VI of the Civil Rights Act of 1964 and 78 Stat.

252, 42 USC 2000d—42 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.

5.7 ADA Guidelines

The City of Johns Creek adheres to the guidelines set forth in the Americans with Disabilities Act. Offerors should contact the Issuing Officer at least one day in advance if they require special arrangements when attending the Offeror's Conference. The Georgia Relay Center at 1-800-255-0056 (TDD Only) or 1-800- 255-0135 (Voice) will relay messages, in strict confidence, for the speech and hearing impaired.

5.8 Compliance with Laws

The Contractor will comply with all City, State of Georgia, and Federal laws, rules, and regulations.

5.9 Governing Terms

This RFP expressly limits acceptance to the terms stated below. Any additional or different terms proposed by Contractor and expressed in any form (acknowledgements, confirmations, invoices, catalogs, brochures, technical data sheets, etc.), whether before or after Contractor’s receipt of this contract, shall not be binding upon City. City’s silence or acceptance of the Materials shall not constitute consent to such additional or different terms.

5.10 Indemnification

Contractor shall be responsible for and shall indemnify and hold City harmless from any and all claims, demands, costs, damages and expenses of whatever nature (including, without limitation, attorney’s fees) relating to or arising from (a) Contractor’s breach of any of the representations and warranties contained herein; (b) Contractor’s failure to follow City’s specifications; (c) Contractor’s other breach of the terms hereof; or (d) any other act(s) or omissions(s) of Contractor, its employees, independent contractors,, agents, and suppliers.

5.11 Corrections/Credits

At City’s option, Contractor shall either issue an appropriate credit or undertake, at…