24_005 Harry Simmons WTP Rehabilitation and R.pdf

CITY OF GRIFFIN, GEORGIA

REQUEST FOR QUALIFICATIONS

RFQ #24-005

FOR

HARRY SIMMONS WTP

REHABILITATION AND RENEWAL

For all questions about this RFQ contact:

Sherri Huggins, Procurement Coordinator shuggins@cityofgriffin.com

Deadline:

Monday October 16, 2023 at 2:00 P.M.

mailto:shuggins@cityofgriffin.com

RFQ 24-005 Professional Design Services – HARRY SIMMONS WTP REHABILITATION AND RENEWAL Page 2 of 26

IMPORTANT

ELECTRONIC SUBMITTAL REQUIREMENTS

Response submittals for this Invitation to Bid will ONLY be received electronically and must be submitted ONLINE prior to the date and time listed in Section 1.2 of this Bid documents.

All responses must adhere to the following guidelines:

- Suppliers are encouraged to submit responses as soon as possible. Responses are received into a ‘lockbox’ folder and cannot be opened prior to the due date and time. The time and date of receipt as recorded by the server will serve as the official time of receipt. The City is not responsible for late submissions, regardless of the reason;

- All requested information and forms MUST be uploaded as one file if possible. Each submission must be inclusive of all forms in the order noted in section 1.4 and must have the four (4) sheets of the pricing submittal as the first pages of the response. If necessary to have more than one upload, pricing and signed acknowledgements, etc are to be in the first upload and the SDS should be in the second, with each titled accordingly. If you have a problem with your upload, you may contact Vendor Registry or the City’s Procurement office.

- Submittals may be re-submitted prior to the date and time of bid open; if multiple submissions are received from the same source, the submission with the latest timestamp will take priority.

These directions supersede the labeling/delivery instructions in sections 3.3.3 and 3.3.4.

Submissions that do not comply with these instructions may be rejected.

Response is to be submitted ONLINE by one of the two methods below:

- Use the link https://vrapp.vendorregistry.com/Bids/View/BidsList?BuyerId=52b8c206-866a-4ed2-b7b8-bef7db8a901b

- From the City’s home page, select ‘Resources’ and then select ‘Bid Opportunities’.

https://vrapp.vendorregistry.com/Bids/View/BidsList?BuyerId=52b8c206-866a-4ed2-b7b8-bef7db8a901b

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Table of Contents RFQ #24-005 ............................................................................................................... Error! Bookmark not defined.

1. SECTION I – SOLICITATION-SPECIFIC INFORMATION

2. SECTION II – COMMUNICATION OF INFORMATION

3. SECTION III –OVERVIEW AND PROCEDURES

4. SECTION IV – OTHER GENERAL SPECIFICATIONS

5. SECTION V –INSURANCE REQUIREMENTS

6. REQUIRED IMMIGRATION/ENTITLEMENT AFFIDAVITS FOR GEORGIA

7. TITLE VI –as applied through the Civil Rights Restoration Act of 1987

8. RESPONSE FORMS

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REQUEST FOR QUALIFICATIONS

SPECIFICATIONS for 24-005

PROFESSIONAL DESIGN SERVICES –

HARRY SIMMONS WTP REHABILITATION AND RENEWAL

SECTION I – SOLICITATION-SPECIFIC INFORMATION

Information in this section is proposal-specific. Any conflicting information stipulated in this section shall supersede the General Terms & Conditions noted in Sections II - VII.

1.1. PURPOSE

The City of Griffin (City) is accepting Statements of Qualifications (SOQ) from firms interested in providing

Engineering Services for the subject project. This RFQ is issued to identify the most qualified potential providers.

Firms who are determined by the Owner to be especially qualified may be deemed eligible and may be invited to discuss and negotiate a contract for these services. All respondents to the RFQ are subject to instructions communicated in this document and additional terms and conditions listed in the Owner’s RFQ. The Owner reserves the right to reject any or all statements of qualifications, and to waive technicalities and informalities at the discretion of the Owner. Submitting firms must demonstrate a firm understanding of the project challenges and provide an approach to dealing with these challenges.

1.2. SCHEDULE & SUMMARY

This Request will be governed by the following schedule and criteria:

DATES

Release of Request September 19, 2023 Pre-Conference Meeting* Yes; September 29, 2023; attendance highly recommended

Harry Simmons WTP 229 North Expressway, Griffin, GA 30224 @ 10am Questions due October 4, 2023 by 2:00 PM

Responses due October 16, 2023 by 2:00 PM # of Response Submittals Required One electronic copy (PDF)

Public opening No Bonds required No

Professional Liability Insurance No

Project manager Brandon Lewis; blewis@cityofgriffin.com

* The purpose of this meeting will be to provide those interested with an oral presentation of the City’s requirements and to allow for the presentation of questions. Although attendance at the pre- conference meeting is not mandatory, it is considered as part of the evaluation criteria and attendance or non- attendance will be graded accordingly in the evaluation scores. All interested parties are ‘strongly’ urged to attend. No other meeting is planned.

mailto:blewis@cityofgriffin.com

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1.3. PROJECT DESCRIPTION

The City of Griffin Water & Wastewater Department is looking for a firm to assist with rehabilitation of the Harry

Simmons WTP. This facility was originally constructed in the 1920s and was expanded in the 1950s. The facility has served The City of Griffin well over the years but needs upgrades.

The construction delivery method for this Project will be Construction Manager at Risk (CMAR) with a Guaranteed Maximum Price to be determined by the Owner in cooperation with the selected design firm.

The design work to be accomplished by a qualified firm is divided into the following tasks:

1.3.1. Existing Conditions and Technical Analysis

The consultant will conduct a thorough review and assessment of the existing conditions at the water treatment plant. The focus of the assessment will include the following:

• Review of existing electrical, chemical, and structural systems, and aesthetic appearance.

• Prepare a memorandum documenting existing conditions and observed deficiencies of the facility in regard to these systems.

• Evaluate historic significance of the facility’s architectural style and understand what it will take to preserve that significance through a facility rehabilitation project.

1.3.2. Electrical Systems Rehab

The electrical system for the facility needs updates. The facility currently has a generator located in the basement of the facility and would like to move outside. They desire to include a new automatic transfer switch to be integrated into the facility switchgear. The facility switchgear is also outdated and in need of electrical upgrade. This will require consideration for sequencing to keep the current plant running.

Additionally, the finished water pump station located at the treatment plant and the associated electrical equipment needs upgrade. Lastly, the original plant has panel boxes and other electrical equipment which has been added to over time. The city would like to identify opportunities to reorganize the electrical wiring at the facility to match current electrical standards and current state of the plant.

1.3.3. Chemical Feed Systems

The facility would like to transition away from Chlorine Gas for disinfection to Bulk Sodium Hypochlorite.

The city desires to bring an engineer on to work with staff to identify a new location for bulk sodium hypochlorite storage, pumping, and injection into the treatment process.

The facility would also like to work with engineering staff to evaluate current dry chemical for transition to bulk liquid storage, location of current chemical storage, and location of facility break room to find opportunities for improvement. The desire is to evaluate opinions of probable construction cost to determine feasibility of including these improvements into this project during construction.

1.3.4. Sedimentation and Flocculation Basins

The sedimentation and flocculation basins were constructed prior to OHSA requirements related to fall prevention. The city would like to provide appropriate fall prevention by either the addition of handrails or another solution. Also, there are areas of deterioration within the concrete and would like for engineer to prepare designs for restoration. Lastly, the facility would like an analysis completed to determine the benefits of adding sludge collection mechanisms to the existing sedimentation basin footprint.

1.3.5. Filter Rehab

The existing filters are in need of extensive restoration. An evaluation of the existing filter underdrains, surface sweeps, and media with recommendations to improve the filtration process with modern filter components.

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1.4. PROCESS

All responses received will be reviewed by the Procurement Agent to ensure they meet the administrative requirements. All submissions that meet the administrative requirements will be turned over to the Evaluation Committee for further assessment. The Evaluation Committee will review all responses received and determine a ranking based on the information provided and invite the top firms for confirmation interviews for the final short-list.

The City reserves the option of requesting presentations be additionally made to its Board of Commissioners.

Selection of firms to participate in the next stage of this process will follow the proposal-interview process.

1.5. RESPONSE SUBMISSION

The responses are to be submitted as one electronic copy. Note that all “marketing information” that is included with your response must be separate from the submittal. Responses are to be in order and include the following:

1.5.1. Submittal Cover page. The cover page is supplied on page 11.

1.5.2. Transmittal Letter. The short Transmittal Letter must:

1.5.2.1. Summarize why the respondent believes itself to be the most qualified;

1.5.2.2. Contain the statement that to the best of the respondent's abilities, all information contained in the RFQ submittal is complete and accurate;

1.5.2.3. Contain a statement granting representations of the City authorization to contact any previous client for purposes of ascertaining an independent evaluation of the respondent's performance;

1.5.2.4. Contain at least one copy of the transmittal letter with the original signature of an officer of the principal firm.

1.5.3. Narrative. The Narrative should be organized to clearly address:

1.5.3.1. Philosophy and approach to the project in general;

1.5.3.2. Prior experience with projects of similar scale and complexity;

1.5.3.3. Prior experiences with public-sector clients and processes for projects of similar scale and complexity;

1.5.3.4. Professional qualifications of personnel assigned to the project;

1.5.3.5. History of effective schedule and budget management for projects of similar scale and complexity;

1.5.3.6. Use of processes that creatively engage staff and other stakeholders in all stages;

1.5.3.7. Commitment to the City of Griffin.

1.5.4. Background. Include a complete narrative description of the responding firm (or firms if the respondent is comprised of a team of firms). Information should include:

1.5.4.1. Firm history;

1.5.4.2. Location of home and branch offices;

1.5.4.3. Names of the principal officers of the firm;

1.5.4.4. Identification of the team sub consultants, if any;

1.5.4.5. Organization Chart: Include a simple organization chart showing how the respondent, if selected, would organize its key personnel for the project;

1.5.4.6. Key Professionals: Identify the key members of your team that would be involved in the project and describe their area of expertise and what role they will perform. Indicate their availability for this project;

1.5.4.7. Resumes: Provide resumes of any person identified as a key professional. The resumes should contain the following;

1.5.4.7.1. Name;

1.5.4.7.2. Educational background;

1.5.4.7.3. Employment history;

1.5.4.7.4. Proposed role in the project;

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1.5.4.7.5. An identification of other relevant projects in which the person has been involved and a name/phone number of a representative of any project cited that can be contacted for a reference;

1.5.4.7.6. Other information that may be deemed relevant.

1.5.5. Relevant Experience. Include a summary of relevant projects. List a minimum of three and maximum of five relevant and recent projects. A relevant project is one which best exemplifies your qualifications for this project, your approach to solving complex problems, and successful coordination with stakeholders.

1.5.5.1. Name of project;

1.5.5.2. Project location;

1.5.5.3. Project description;

1.5.5.4. Describe the services your firm provided;

1.5.5.5. Indicate which team members were actually involved in the project and specify their role;

1.5.5.6. Describe any special challenges or issues encountered during the project and the resolution;

1.5.5.7. Provide a statement acknowledging if the project was completed on time and within budget;

1.5.6. Project Understanding. Summarize your understanding of the project and your approach to it.

1.5.7. Supplier Registration. While there are no Administrative restrictions on submitting a response to any bid or Request, a supplier must be registered and compliant (have both required documents) with the

City in order to be awarded any type of contract. Instructions for registering as a supplier can be found on page 26. This registration will be used for bid notifications as well as sourcing for general projects by the departments. It is important to note that the registration must be completed online and must have a W9 and EV document in order to be considered compliant. In addition to selecting as many commodities as are applicable, you can link your website to the registration profile.

1.5.8. Proposal Information. All proposals should be limited to 10 pages, excluding cover page, resumes of assigned personnel, references and page delineators.

1.6. EVALUATION CRITERIA

It is imperative the submitted response fully address all the firm’s ability to meet or exceed anticipated aspects of the subsequent RFP. The submittal must provide the City’s evaluation team with clearly expressed information concerning the supplier’s understanding of the City’s needs as well as the ability to meet those requirements. Your responses are to be geared for information rather than marketing.

The basis of selection will be the best evaluated responses suited for this project. Considerations will include, but are not limited to:

- Qualifications of Firm - Qualifications of firm and personnel that would be assigned to this project.

- Firms Experience on Similar Projects - Related project experience of the firm and personnel that would be assigned to this project

- Available Resources to Complete Project – The availability of the analytical, design tools, personnel, financial resources and methodologies commonly applicable in order to complete the project in a timely manner.

- Responsiveness to the RFP - This would include any documents submitted such as concept plans, space planning, and design concepts and other related items.

- Professional References - Provide names and contact information for professional references that can demonstrate prior performance on projects of similar size and scope.

- Other services as needed – The attendance of representatives of the firm may be requested at related functions/meetings held by the City.

1.7. ADDITIONAL INSTRUCTIONS, NOTIFICATIONS AND INFORMATION

1.7.1. This RFQ is not a contract nor can it result in a contract.

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1.7.2. By submitting a response, Respondents represent and warrant that all information provided in the response submitted shall be true, correct and complete. Respondents who provide false, misleading or incomplete information, whether intentional or not, may be excluded;

1.7.3. By submitting a response, Suppliers certify that their proposals are made without collusion or fraud and they have not offered or received any inducements in connection with their proposals. They further agree that this solicitation and any resulting contract in subsequent proposal requests shall be governed in all respects by the laws of the State of Georgia and they shall comply with applicable federal, state and local laws and regulations

1.7.4. Respondents may be disqualified from participation in the RFQ process for reasons which include, but are not limited to the following:

1.7.4.1. Evidence of collusion;

1.7.4.2. Being in arrears on any of its existing contracts with the City or in litigation with the City or having defaulted on a previous contract with the City;

1.7.4.3. Being in arrears on taxes owed to the State of Georgia;

1.7.4.4. Poor, defective or otherwise unsatisfactory performance of work for the City or any other party on prior projects which, in the City's judgment and sole discretion, raises other party on prior projects which, in the City's judgment and sole discretion, raises party on prior projects which, in the City's judgment and sole discretion, raises doubts as to Supplier's ability to properly perform the work;

1.7.4.5. Any offering of gifts, unauthorized compensation or other unethical actions to City employees with respect to interest in any business activity; or

1.7.4.6. Any other cause which, in the City's judgment and sole discretion, is sufficient to justify disqualification of the Supplier or the rejection of their submittal.

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REQUESTS FOR QUALIFICATIONS

GENERAL PROVISIONS

Sections II - VII review the general terms and conditions. Any RFQ-specific information noted in Section I or in the Specifications & Response Section will take precedence.

SECTION II – COMMUNICATION OF INFORMATION

All available information, notices and addenda regarding this RFP shall be posted on the City’s website. Effective July 1, 2019, House Bill 322 requires that any solicitation extended by a municipal corporation for goods and services valued at $100,000 or more and any solicitation opportunity extended for public works subject to Chapter 91 of Title

36 of the O.C.G.A. also be posted on the Georgia Procurement Registry (GPR).

It is the Supplier’s responsibility to check the City’s website in order to confirm they have the most current information prior to submitting a response. Subsequent to the opening, all status notices will also be posted on the

City’s website.

2.1. RESTRICTIONS ON COMMUNICATIONS WITH STAFF

All questions about this RFQ must be submitted in the following format:

Company Name

- Question Citation of relevant section of the RFQ

All questions regarding specification/technical issues must be in writing to the Project Manager for this RFP (with a

‘cc’ to Procurement). The Project Manager, contact email and deadline for questions is noted in section 1.2.

All questions regarding administrative issues must be in writing to the Procurement Coordinator:

Address: Sherri Huggins Procurement Coordinator

City of Griffin

P. O. Box T, Griffin, GA 30224

Email: shuggins@cityofgriffin.com

No questions other than written will be accepted. No response other than written will be binding upon the City.

Questions will be combined into one list of questions and responses and will be posted on the City’s website as an addendum.

From the issue date of this request until an award has either been made or deemed closed for other reasons, institutions or individuals providing submissions are not permitted to communicate with members of the commission, the evaluation team or City employees, other than Procurement, with regard to the purpose or intent of this document. The exception to this is the submission of written technical questions to the project manager with Procurement copied. The City reserves the right to reject the submission of the offending supplier if this provision is violated.

Any updates or changes to this and related documents will be posted on the City’s website

(https://vrapp.vendorregistry.com/Bids/View/BidsList?BuyerId=52b8c206-866a-4ed2-b7b8-bef7db8a901b) or by selecting “Resources” and then “Bid Opportunities” from the City home page. It is the Supplier’s responsibility to refer to the website for any addenda or other pertinent information before responding to this RFP request.

https://vrapp.vendorregistry.com/Bids/View/BidsList?BuyerId=52b8c206-866a-4ed2-b7b8-bef7db8a901b

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2.2. PUBLIC DISCLOSURE AND PROPRIETARY INFORMATION

For the purposes of this procurement, the provisions of the Official Code of Georgia (O.C.G.A) Open Records Act will be in effect. All bids and any other public record with respect to solicitation shall be subject to public inspection, upon request, after the posting of the Notice of Intent to Award (NOIA) or Notice of Award (NOA). This is being done in order to protect the integrity of the procurement process unless otherwise required by law. For any Open Records requests, the City may assess fees for the costs of producing these public records as permitted by the

Georgia Open Records Act. Those submitting a response should refer to the O.C.G.A. Open Records Act for further clarification.

Exceptions to the availability of information include 1) bona fide trade secrets meeting confidentiality requirements that have been properly marked and documented; 2) matters involving individual safety as determined by the City;

3) company financial information requested by the City to determine supplier responsibility that are not otherwise made public; and 4) other constitutional protections.

The supplier must clearly designate the part of the proposal that contains a trade secret and/or privileged or confidential proprietary information as “confidential” in order to claim protection, if any, from disclosure. The supplier shall mark the cover sheet of the proposal and all copies with the following legend, specifying the specific section(s) of the 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/confidential information. It is requested that such data not be disclosed to the public except as may be required by law.” Further, to protect such data, each section containing such data shall be specifically identified, the pages must be identified as “CONFIDENTIAL” and marked financial information must be noted that it has not and is not available to the public under any circumstance. An entire submittal cannot be identified as confidential and may be considered non-responsive if so marked.

Suppliers must be prepared to defend the reasons why the material is to be held confidential. If a competing supplier or other person seeks review or copies of another supplier's confidential data, the City 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 and hold the City harmless against all actions or court proceedings that may ensue

(including attorney's fees), which seek to order the City to disclose the information. If the owner of the asserted data refuses to indemnify and hold the City harmless, the City may disclose the information.

Information received in response to this request will become the property of the City and will not be returned. The City will not release or divulge any bona fide confidential information to third parties without the consent of the

Supplier unless required to do so by applicable law or order a court of competent jurisdiction.

1. SECTION III –OVERVIEW AND PROCEDURES

Sections II - VII review the general terms and conditions. Any RFQ-specific information noted in Section I or in the Specifications & Response Section will take precedence.

3.1. COMPANY BACKGROUND & EXPERIENCE

Suppliers that have not contracted with the city in the past 2 years must provide a list of clients for whom similar services, as detailed in this RFQ, have been provided during the past 3-4 years. References must be for the organization or person submitting the response. Subcontractor’s references are not acceptable.

The list must include:

Dates of service

Name of contact person Title of contact person

Phone number of contact person

The Supplier will also disclose any services terminated by the client(s) and the reason(s) for termination.

Failure to provide this information will disqualify the submission response.

3.2. REFERENCES

References should be for historical projects of similar size and scope. Details regarding these references are noted in the Specifications and on the Reference page.

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3.3. RFQ REQUIREMENTS

3.3.1. RESPONSES

In responding to an RFQ, ALL item numbers with appropriate formatting must show some type of acknowledgment in order for the response to be properly evaluated. Failure to respond to all specification criteria items when requested may be deemed as sufficient reason to reject a submission. If response forms are not provided for all specification detail items, any non-compliance must be clearly marked, detailed and included with the response submittal. Any items not identified shall be deemed as in compliance. Respondents must: 1) complete any/all required forms; 2) indicate any disagreement on each mandatory requirement and, if requested, provide additional information on how the specifications will be exceeded or not met; and 3) provide complete and detailed responses to any and all non-mandatory requirement that can be fulfilled.

If No single responsive and responsible submittal meets all requirements;

- When all responses are unclear or deficient in one of more areas;

- When the grading scores of two or more submittals require additional evaluation;

- At the discretion of the evaluation team to clarify submittals.

3.3.2. SUBMISSION OF RFQ RESPONSE

The original and specified copies of the response must be delivered to the Procurement Department no later than the time and date specified in Section I. Any response received after stated time or delivered to department other than Procurement will not be accepted. The City of Griffin will not be responsible for any responses not received by the Procurement Department prior to the deadline.

Responses must be submitted to:

City of Griffin Attention: Sherri Huggins, Procurement Coordinator

Via email at shuggins@cityofgriffin.com

3.3.3. ALTERNATE DOCUMENTS

Documents prepared by the City must be used for the submission of the RFQ Response. Alternate document forms or forms that deviate from the requirements of this solicitation may not be considered. Respondents shall not insert in their submission any written statement which will have the effect of making any material change or changes in the Scope of Services or in any contract between the parties covering the subject matter thereof.

3.3.4. ADDITIONAL INFORMATION/ADDENDA

The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the opening date. Suppliers should not rely on any representations, statements, or explanations other than those made in this Request for Qualifications and its’ addendums. Where there appears to be a conflict between the RFQ and any addenda issued, the last addendum issued will prevail. It is the Supplier’s responsibility to check for addendums (under Bid Opportunities) on the City’s website.

Respondents must acknowledge any issued addenda. Response submittals which fail to acknowledge the respondent’s receipt of any addendum will result in the rejection of the response submittal if the addendum contains information which substantively changes the City’s requirements.

3.3.5. WITHDRAWAL OF RESPONSE

A respondent may withdraw his response before the submittal deadline without prejudice to the respondent by submitting a written request of withdrawal to the Procurement Agent.

3.3.6. LATE SUBMITTAL, LATE MODIFICATIONS & LATE WITHDRAWALS

Response submittals received after the RFQ opening date and time will not be accepted. Modifications to responses received after the opening date will not be considered. The City assumes no responsibility for the premature opening of a submittal not properly addressed and identified or not delivered to the proper designation.

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3.3.7. MINIMUM ACCEPTANCE PERIOD

Responses shall be valid and may not be withdrawn for a minimum period of 90 days from the date specified for receipt. Suppliers will be asked for an ‘expiration date’ for their response, when exceptions are appropriate. This does not impact the contract price once awarded.

3.3.8. DISQUALIFICATION OF RESPONSES OR SUPPLIERS

Respondents may be disqualified from participation in the RFQ process for reasons which include, but are not limited to the following:

Evidence of collusion;

Being in arrears on any of its existing contracts with the City or in litigation with the City or having defaulted on a previous contract with the City;

Being in arrears on taxes owed to the State of Georgia;

Poor, defective or otherwise unsatisfactory performance of work for the City or any other party on prior projects which, in the City's judgment and sole discretion, raises other party on prior projects which, in the City's judgment and sole discretion, raises party on prior projects which, in the City's judgment and sole discretion, raises doubts as to Supplier's ability to properly perform the work;

Any offering of gifts, unauthorized compensation or other unethical actions to City employees with respect to interest in any business activity; or

Any other cause which, in the City's judgment and sole discretion, is sufficient to justify disqualification of the Supplier or the rejection of their submittal;

3.3.9. REJECTION/CANCELLATION/AWARD

The City reserves the right to:

a) reject any and all submittals received outside the time/place stated in the notice;

b) reject any submittals which show omissions, irregularities, alteration of forms or unsolicited responses;

c) waive any minor technicalities of form, or formalities of the responses without prejudice to other responses;

d) reject any or all responses or any part thereof;

e) obtain clarification on any point in a respondent submittal or obtain additional information;

f) accept the proposal that is in the best interest of the City, regardless of whether it is the lowest submission;

g) award the proposals received on the basis of individual items or on the entire list of items.

The City also reserves the right to cancel this RFQ at any time and will not be liable for any cost/losses incurred by the Supplier throughout this process.

Where applicable, the City reserves the right to make multiple awards or to award a contract by individual line items or alternatives, by group of line items or alternatives, or to make an aggregate award, whichever is deemed most advantageous to the City. If the City determines that an aggregate award to one Supplier is not in the City’s best interest, "all or none" offers will be rejected.

3.3.10. COST INCURRED BY SUPPLIERS

All expenses involved with the preparation and submission of the response submittals to the City, or any work performed in connection therewith, are the responsibility of the Supplier(s).

3.3.11. RFQ OPENING

All RFQ responses will be opened on the pre-determined opening date. The response submittal details and related documents will not be reviewed at the opening; they will be turned over to an evaluation committee. No announcements or awards will be made or implied at this time. The Status field on the City’s website will be updated following any change in the RFQ process. Refer to section 2.1 for details regarding this Status. Any RFQ-specific exceptions to the ‘non-public opening’ will be noted in the Schedule (section 1.2).

3.3.12. AWARD AND RESULTING CONTRACT

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Award will be made to the lowest responsive and responsible respondent whose submittal is compliant to the terms of this solicitation request. The quality of the articles to be supplied, their conformity with the specifications, their suitability to the requirements of the City, the delivery terms and other criteria, as well as price, will be taken into consideration in making the award.

Any resulting contract shall not be binding upon the City nor should any action be started until it has been executed by both parties and a copy of the fully executed contract has been delivered to the successful Supplier. Specifications noted in this request shall be incorporated into the resulting contract. The City reserves the option to prepare and negotiate its own contract, giving due consideration to the stipulations of the supplier’s proposed contract and associated legal documents.

3.3.13. PROTESTS

Protest may be filed by the affected party regarding any aspect of the solicitation, evaluation or award. All protests must be in writing, include the information listed below and directed to the Procurement Department. Protests regarding the specifications or how a solicitation was written must be filed at least seventy-two (72) hours prior to the deadline. Protests regarding the validity of the evaluation team or the evaluation process must be filed within seventy-two (72) hours of the notice to respondents. Protests regarding the recommended awardee must be filed within ten (10) days of the Notice.

3.3.13.1. FILING A PROTEST

Only suppliers intending to submit a response may protest a solicitation and only suppliers that respond to a solicitation may protest the evaluation /award. All Protests must be directed to the Procurement Department, be in writing and contain the following information in order to be valid:

3.3.13.1.1. The name (company), address, telephone number and email of the protestor;

3.3.13.1.2. Signature and printed name of the protestor;

3.3.13.1.3. Identification of the solicitation and the sections contested;

3.3.13.1.4. A statement of reason for the protest including copies of relevant supporting documents;

3.3.13.1.5. A description of the remedy requested;

3.3.13.1.6. A decision will be rendered by Procurement. Should the protest need to be escalated, it shall continue as needed through the following stages: City Attorney, Board of

Commissioners, court system.

3.4. INSPECTION AND ACCEPTANCE OF EQUIPMENT (FOR PURCHASE)

Where applicable, all items offered that are to be purchased must be completely new, free from defects and operate as intended unless otherwise specified in writing. Discontinued, remanufactured or demonstrator items will not be accepted unless specifically requested. The manufacturer’s standard warranty shall be identified and copies of the warranties are to be presented upon request. In addition, all items supplied shall comply with all Federal and State regulations, applicable and effective on the date of acceptance. All items must meet or exceed all existing Federal, State and Local health, safety, lighting, emissions and noise standards.

The City reserves the right to inspect and test any equipment being offered prior to making any award. The City may also request a demonstration or site visit for evaluation purposes. The equipment delivered under this RFP shall remain the property of the seller until a physical inspection of the equipment is made and accepted by the City. In the event that the equipment supplied to the City is found to be defective or does not conform to the City’s specifications, the City reserves the right to cancel the order upon written notice to the seller and to return the equipment to the seller at the seller’s expense.

3.5. STATEMENT OF EXPERIENCE AND QUALIFICATIONS

The Supplier may be required, upon request, to prove to the satisfaction of the City that he/she has the skill and experience and the necessary facilities and ample financial resources to perform the contract(s) in a satisfactory manner and within the required time. If the available evidence of competency of any Supplier is not satisfactory, the response of such Supplier may be rejected. The City reserves the right to request clarifications of any response or to conduct discussions for the purpose of clarification. Any clarifications made as a result of these discussions are to be provided in writing.

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3.6. NON-COLLUSION AFFIDAVIT

By submitting the notarized signature in the response, the Supplier represents and warrants that such response is genuine and real and not made in the interest or on behalf of any person not therein named. It is further warranted that the Supplier has not directly or indirectly solicited any other Supplier to put in a sham submittal, or any potential

Supplier to refrain from submitting and that the Supplier has not in any manner sought by collusion to secure any advantage over any other Supplier. By submitting a response, the Supplier represents and warrants that no official or employee of City has, in any manner, an interest directly or indirectly in the RFP or in the contract which may be made under it, or in any expected profits to arise therefrom. It is further warranted that the Supplier is independent of the City.

3.7. HOLD HARMLESS AND INDEMNIFICATION

The Supplier agrees, insofar as it legally may, to indemnify and hold harmless the City, its officers, employees and agents from and against all loss, costs, and expenses, including attorneys' fees, claims, suits and judgments in connection with injury to or death of any person or persons or loss of or damage to property resulting from any and all operations performed by Supplier, its officers, employees, and agents under any of the terms of this contract.

3.8. BID BONDS (Bid, Performance, Payment)

For any proposal as required and noted in Section 1 of this document, a one hundred ten percent (110%) Performance bond and a one hundred ten percent (110%) Payment bond shall be furnished payable to, in favor of, and for the protection of the City. When Bid bonds are required, they must be in a sum equal to five percent (5%) of the total amount of the Supplier’s response and may be in the form of a surety issued bond or cashier’s check made payable to the City of Griffin. Bid bonds are returned to the unsuccessful Suppliers when the Notice of Award has been issued or contract has been executed. When bonding is required, failure to submit appropriate bonding will result in automatic rejection of the response. Performance and/or Payment bonds must be presented within ten

(10) days of the Notice of Intent to Award or prior to the award of contract, whichever is later. Surety companies executing bonds must appear on the Treasury Department’s most current publication (Circular 570 as amended) and be authorized to do business in Georgia. Unless otherwise specified, bonds shall be in effect for a period of one year from the completion of the project. The bond amounts shall be increased as the contract amount is increased.

No alternative securities are currently accepted in lieu of performance or payment surety bonds.

2. SECTION IV – OTHER GENERAL SPECIFICATIONS

Sections II - VII review the general terms and conditions. Any RFP-specific information noted in Section I or in the Specifications & Response Section (if applicable) will take precedence.

4.1. LIQUIDATED DAMAGES

Pursuant to O.C.G.A. § 36-91-24, it is understood that the Notice-to-Proceed and the time for completion of the work as specified are ESSENTIAL conditions of any resulting contract and that the performance and completion of this work within the specified time is vital to the City’s economic interests. If the Supplier neglects, fails or refuses to complete the work within the mutually agreed time specified, the City may impose liquidated damages for each day of non-compliance past the scheduled completion date. Unless otherwise specified in Section I of this document or in the resulting contract, liquidated damages may be assessed at a rate of 1%, with a limit of

$500.00 per day of non-compliance.

4.2. FORCE MAJEURE

The City and Supplier will be excused from the performance of their respective obligations under this Contract when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including but not limited to, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, order/act of any governmental authority, provided that:

2.2.1. The non-performing party gives the other party prompt written notice within three (3) business days describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure;

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2.2.2. The excuse of performance is of no greater scope and of no longer duration than is required by the

Force Majeure;

2.2.3. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure;

2.2.4. The non-performing party uses its best efforts to remedy its inability to perform. Economic hardship of the Provider will not constitute Force Majeure. The term of the Provider shall be extended by a period equal to that during which either party's performance is suspended under this Section.

The provisions of this section shall not preclude the City from canceling or terminating any resulting award (or any order for any goods or services included herein), or from revising the scope of the Work, as otherwise permitted under this RFP.

4.3. SUPPLIER'S INVOICE

2.3.1. The Supplier shall prepare and submit invoices to the attention of the project manager at: City of

Griffin, Attn: Brandon Lewis, PO Box T, Griffin, GA 30224. A proper invoice must include the items below;

(a) Name and address of the Supplier.

(b) Invoice date and invoice number. (The Supplier should date invoices as close as possible to the date of the mailing or transmission.)

(c) Purchase order number for supplies delivered or work completed.

(d) Description, quantity, unit of measure, unit price, and extended price of supplies delivered.

(e) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms).

(f) Name and address to which payment is to be sent.

(g) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(h) Any other information or documentation required by the contract (e.g., evidence of shipment).

2.3.2. A summary invoice shall be provided for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value. A summary invoice shall be supported by receipt copies of the delivery tickets. Delivery tickets or sales slips shall contain:

(a) Name of supplier

(b) Purchase Order number

(c) Ship to Department and Address

(d) Description, Quantity, unit price, and extension of each item.

(e) Date of delivery or shipment.

4.4. TAX LIABILITY

The City is exempt from sales tax under Georgia law. The successful Supplier will be provided with the City’s Sales and Use Tax Certificate of Exemption number upon request. No purchase made by an entity or supplier is qualified to be exempt other than those made directly by the City.

4.5. PAYMENT

Payment will be made for deliverables satisfactorily executed and accepted by the City; standard terms are net 30.

4.6. ESTIMATED QUANTITIES

Any quantities of items specified in the Schedule are estimates only and are not purchased by this contract. If the

City’s requirements do not result in orders in the quantities described as "estimated", that fact shall not constitute the basis for an equitable price adjustment. Delivery shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order clause or elsewhere in this contract, the Supplier

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4.7. ASSIGNMENT OR NOVATION OF CONTRACT

The Supplier shall not assign or transfer, whether by Assignment or Novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under the Contract without the written consent of the City; provided, however, that assignments to banks, trust companies or other financial institutions for the purpose of securing a bond may be made without the consent of the City.

4.8. TERMINATION FOR CAUSE

The City reserves the right to terminate the resulting contract, in whole or in part, for failure to comply with any provisions of the contract as outlined by providing a written notice to the Supplier at least thirty (30) days before the effective date of termination. The Supplier will not be relieved of any outstanding responsibilities or unfinished obligations under this contract. Receipt of items by the delivery date is critical to the terms of this contract. The City considers late delivery of contract items as reasonable cause to terminate the contract.

Prior to termination, a Cure Notice will be issued by the City. The Notice will identify the problems and deadlines that need to be met to remedy the problems to avoid termination for default. If the Supplier does not respond with an acceptable action plan to remedy the default or commence to remedy the default within a period of five (5) business days (or such longer period as the City may authorize in writing) after the issuance of notice, the City may issue termination for cause.

The Supplier also has a right to terminate this contract for cause by providing a written notice of intent to terminate at least thirty (30) days prior to the effective date of the contract termination.

4.9. TERMINATION FOR CONVENIENCE

The City reserves the right to terminate the resulting contract, in whole or in part, in the event the City determines that such termination is in the best interest of the City, such as an unforeseen project cancellation. Any such termination shall be affected by the delivery of a notice specifying the extent to which performance of work under the contract is termination and the date upon which the termination becomes effective. The City will be responsible for payment of deliverables satisfactorily executed according to industry standards or proven loss with respect to materials, etc.

4.10. TERMINATION FOR FUND APPROPRIATION

The City may unilaterally terminate this Agreement due to a lack of funding at any time by written notice to the

Supplier. In the event of the City's termination of the resulting contract for fund appropriation, the Supplier will be paid for those services actually performed. Partially completed performance of the Agreement will be compensated based upon a signed statement of completion to be submitted by the Supplier which shall itemize each element of performance

4.11. CHANGES

All work and materials furnished for this project shall be made in conformance with the contract documents. Changes in the scope of work or the terms and conditions of this contract may be made only by written agreement of the parties. Changes that involve an alteration to the payment amounts shall not commence until approved by the City and a Change Order has been issued.

4.12. REPORTING DISPUTES

The Supplier shall report any contract disputes and/or problems to the Procurement Analyst, both verbally and in writing within 48 hours of their occurrence.

3. SECTION V –INSURANCE REQUIREMENTS

Sections II - VII review the general terms and conditions. Any RFQ-specific information noted in Section I or in the Specifications & Response Section will take precedence.

Prior to commencing work, the Supplier shall procure and maintain at their own cost and expense for the duration of the agreement the following insurance against claims for injuries to person or damages to property which may

RFQ 24-005 Design Services – Harry Simmons WTP Rehabilitation and Renewal Page 17 of 26 arise from or in connection with the performance of the work or services hereunder by the Supplier, his agents, representatives, employees or Subcontractors. The cost of such insurance shall be included in the response submittal. A Certificate of Insurance (COI) and any other documents required by the City must be submitted to the City prior to the commencement of any work. In the event of failure to supply the required documentation, the City shall have the right to recover any costs or damages incurred.

The City of Griffin, its agents, elected officials, and employees shall be included as additionally named insured with respect to all liability policies herein except the professional liability coverage and worker’s compensation which shall be indicated on all applicable certificates of insurance. The insurance Certificates indicated above shall carry a written notice of change cancellation and shall be submitted in a reasonable period prior to the execution of any work under this contract.