24_022 Design RFP For DOT Administration Buil.pdf

Douglas County Board of Commissioners Procurement Department

8700 Hospital Drive Douglasville, GA 30134

REQUEST FOR PROPOSAL

COVER SHEET

SOLICITATION NUMBER: 24-022

SOLICITATION TITLE: ARCHITECTURAL & ENGINEERING (A&E) DESIGN

SERVICES FOR DOT ADMIN BUILDING

ISSUE DATE: MONDAY, JULY 1, 2024

PRE-SOLICITATION MEETING MANDATORY – WEDNESDAY, JULY 10, 2024 - 10:00

AM EST

CONNECT DOUGLAS

MULTI-MODAL TRANSPORTATION CENTER

8800 DORRIS ROAD

DOUGLASVILLE, GA 30134

QUESTION DEADLINE: Wednesday, July 17, 2024, 4:00 PM EST https://www.bidnetdirect.com/georgia/douglascounty

PROPOSAL CLOSING DATE: Wednesday, August 7, 2024, 4:00 PM EST

The County reserves the right to modify or alter the following procurement schedule as needed.

GOODS OR SERVICES TO BE DELIVERED TO

OR PERFORMED AT:

Douglas County Board of Commissioners 8700 Hospital Drive Douglasville, Georgia 30134

SINGLE POINT OF CONTACT (SPC) LaTonya Ammons Director of Procurement

EMAIL ADDRESS: dcpurchasing@douglascountyga.gov

DOCUMENTS INCLUDED IN THIS PACKAGE: Request for Proposal

Douglas County Board of Commissioners promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

Douglas County reserves the right to cancel this RFP at any time and for any reason prior to the award of a contract by the Board of Commissioners.

mailto:dcpurchasing@douglascountyga.gov

OFFEROR’S RFP CHECKLIST

The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the Douglas County Board of

Commissioners

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

supplies/services required; submittal dates; 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, proposal 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 County 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 advertised due date 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 County 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 County. The Proposals are evaluated based solely on the information and materials provided in your response.

7. _______ Check for RFP addenda. Before submitting your response, check online in BidNet for any addenda the County has issued. Submission of Bid acknowledges receipt of addendums however, recommended to include with bid submission signed copies.

8. _______ Technical and Cost/Fee Proposals MUST be submitted separately.

9. _______ Review and read the RFP document again to make sure that you have addressed all requirements.

10. _______ Submit your response on time. Note all the dates and times listed in the RFP and be sure to submit all required items on time.

Late proposals responses are never accepted. Don’t wait till last minute to upload electronically in BidNet.

SECTION I – GENERAL OVERVIEW

A. INTRODUCTION

Douglas County (“Owner” or the “County”) is issuing this Request for Proposal (“RFP”) to solicit proposals (“Proposals”) from a qualified Civil + Architect team (“Respondents”) to assist in the development of a concept and detailed design for a new Department of Transportation Administration building at Douglas County’s transportation center, located at 8800 Dorris Rd, Douglasville, GA 30134, (the “Project”).

Capitalized terms in this RFP, if not defined here, are defined in the Agreement (defined below) for the Project.

The project will provide office space for administrative personnel.

The Project will include the entire Pre-Construction phase, including the following:

1. Data Collection, Survey & Plating

2. Concept development

3. Geotech Evaluations

4. Detailed Schematic Design

5. Detailed Site/Building Design, including but not limited to Demolition, Grading, Drainage, Utility, Structural, Architectural, Electrical, Plumbing, Fire Protection Design, etc.

6. Construction Documents

7. All applicable permitting

8. Bid Assistance & Construction Administration

The Project will be funded with SPLOST funds. The Project is required to comply with all applicable statutes, rules and regulations, as well as those of Douglas County, including local permitting of the project. Additionally, the Project must comply with all SPLOST rules, regulations, specifications, and requirements.

B. RESTRICTIONS ON COMMUNCATION WITH STAFF

From the issue date of the solicitation and until a supplier is selected for contract award and the selection is made public, bidders are not allowed to communicate for any reason with members of the Board of Commissioners, Douglas County employees and/or contracted agents related to the solicitation except through the issuing officer (or his/her designee) named in the solicitation. Prohibited communication includes all contact or interaction, including but not limited to telephonic communications, emails, faxes, letters, or personal meetings, such as lunch, entertainment, or otherwise. Exceptions to this restriction on communication include the following:

• Communication during pre-bid conference/meeting provided the issuing officer is present, or

• As necessary to perform under any existing contracts with the County, or

• With Douglas County pursuant to the protest process

A bidder’s violation of the restriction on communication can lead to disqualification of the supplier’s response from consideration for contract award and/or other disciplinary action such as suspension or debarment.

C. QUESTIONS

Prospective Proposers must submit any questions regarding this solicitation Electronically in BidNet by the due date and time specified in the solicitation. Only questions submitted via BidNet will be accepted and addressed.

Responses to questions received during the solicitation time period are posted on the website at https://www.bidnetdirect.com/georgia/douglascounty in an addendum. Proposers who fail to report a known or suspected problem with this solicitation or who fail to seek clarification or correction of this solicitation do so at their own risk.

D. ADDENDUM

Any necessary additions or corrections will be made by addenda and issued electronically in BidNet. The Addendum will become part of the solicitation. Failure to acknowledge any addenda shall not relieve Bidders of compliance with the terms thereof. The County assumes no responsibility for oral instructions.

All requests for clarification and additional information must be made in writing in Bidnet. Responses to questions will be posted as addenda in BidNet. It is the bidder’s responsibility to review BidNet periodically to determine if addenda have been prepared and posted.

The successful firm’s proposal and all addenda will become a part of the agreement resulting from this document.

E. CONTRACT AWARD

A contract will be awarded to the responsible Offeror whose bid is determined to be the most advantageous, is of best value to the County and with whom an acceptable contract can be negotiated and agreed upon. It is within the County’s sole discretion to determine whether the Contractor is responsible or responsive under the terms and conditions of this solicitation. Further, it is within the County’s sole and absolute discretion to determine Contractor’s responsibility or responsiveness after a contract is entered into. Finally, it is within the County’s sole and absolute discretion to terminate this agreement, to not renew a Contractor or to not make an award to a Contractor who is determined to be not responsible or not responsive.

F. ETHICS – DISCLOSURE OF RELATIONSHIPS

Before a proposed contract in excess of $10,000.00 is recommended for award to the Board of Commissioners or the County Administrator, or before the County renews, extends, or otherwise modifies a contract after it has been awarded, the contractor must disclose certain relationships with any County Commissioner or County Official, or their spouse, mother, father, grandparent, brother, sister, son or daughter related by blood, adoption, or marriage (including in-laws). A relationship that must be reported exists if any of these individuals is a director, officer, partner, or employee, or has a substantial financial interest in the business.

If such a relationship exists between your company and any individual mentioned above, relevant information must be presented in the form of a written letter to the Director of Purchasing. You must include the letter with any bid, proposal, or price quote you submit to the Purchasing Department.

In the event that a contractor fails to comply with this requirement, the County will take action as appropriate to the situation, which may include actions up to and including rejection of the bid or offer, https://www.bidnetdirect.com/georgia/douglascounty cancellation of the contract in question, or debarment or suspension from award of a County contract for a period of up to three years.

SECTION II - PROJECT LIMITS AND OVERVIEW

DOT Personnel currently housed in County’s Courthouse will be moving to a new Administration building.

The scope will cover the concept and design phase under a Professional Service agreement. The County seeks completion of the pre-construction phase within a 6-month period. The proposed location of the site is shown below:

As part of the Project, consultant shall provide all labor, equipment, material, and services described in and reasonably inferable from the plans, specifications, schematics, narratives, and other design documents provided by the County (the “Criteria Design Documents”), which are attached to and part of this RFP. By submitting a proposal, the consultant acknowledges it has carefully reviewed the RFP, its exhibits, and the Criteria Documents.

The Design shall review the County’s Standard Agreement (the “Agreement”), which shall be utilized for this Project. A copy of the Agreement is attached to and a part of this RFP or will be issued in a subsequent addendum. Consultant acknowledges Owner will not make modifications to terms and conditions of the Agreement, except in Owner’s sole discretion.

The Designer agrees to comply with the Douglas County Property Management Design Standards as part of the Project, a copy of which is attached to and part of this RFP.

SECTION III - GENERAL SCOPE OF WORK

The following is a non-exhaustive list of the work to be provided by Design. The full scope of services will be defined further within the Criteria Design Documents and the Agreement.

A. Design/Pre-construction Phase

1. Develop a major task-based bar schedule which includes the design schedule (suggest Microsoft Project 2016 or previous version).

2. Develop a provisional construction schedule indicating methods and sequencing of construction (suggest Microsoft Project 2016 or previous version).

3. Coordinate the completion of the design with the County Review Process.

4. The scope will cover all activities required to initiate and complete the pre-construction phase.

5. Develop requirements for safety, quality assurance, and schedule adherence.

6. Prepare and complete all necessary construction documents to demonstrate to the

County the work scope and meeting any and all permit requirements.

7. Provide detailed cost estimates to develop into a bid document.

8. Provide analysis of different construction methods in each major trade group for potential quality, cost, and schedule enhancements.

9. Prepare a pricing proposal for the construction phase of the Project pursuant to the terms of the Agreement.

10. Determine the extent of special inspections requirements set by Douglas County.

11. Secure all required permits, approvals, etc.

12. Develop value-engineering options and implement them as necessary.

13. All pre-construction tasks must be completed within Six Months of the NTP.

Contractor shall adhere to all laws, applicable codes, statutes, and regulations applicable to the Project, including but limited to any building codes, life safety codes, and the Americans with Disabilities Act.

B. Design Requirements

Approximately 4,500 square foot one story facility to house office and field personnel.

First Floor 13 Staff Offices 1 Conference Rom 2 Restrooms 1 Break room 1 Storage Room 1 Mechanical 1 Reception Open Space for Cubicles & Future Offices Misc Space for Janitorial, IT, etc.

SECTIOIN IV - SUBMITTING PROCEDURES

Proposals must be submitted in BidNet and shall be presented in accordance with the instructions of this solicitation and within the time constraints stated.

All Proposals must be in accordance with the purposes, conditions, and instructions provided in this RFP.

Douglas County assumes no responsibility for proposals received after the submission time, whether due to mail delays or any other reason. Proposals received after the submission time will be filed unopened and considered non-responsive. Unsigned proposals will not be considered. Douglas County reserves the right to retain all proposals submitted. It is the Respondent’s responsibility to ensure that its proposal is submitted in a timely and proper manner.

DO NOT INCLUDE ANY COST/PRICING INFORMATION IN THE TECHNICAL PROPOSAL.

The County reserves the right to accept or reject any or all proposals and to waive minor irregularities and technicalities. The judgment of the County on such matters shall be final.

Except, as otherwise provided by law, information submitted by a Respondent in the proposal process shall be subject to disclosure after proposal award in accordance with the Georgia Open Records Act.

Proprietary information in a Proposal must be identified by a Respondent. Entire Proposals may not be deemed proprietary.

Negligence on the part of the proposer in preparing the proposal confers no right for withdrawal or modification in any way after the deadline for the proposal opening.

SECTION V - SELECTION CRITERIA

The proposals will be evaluated based on the information presented in the RFP. Award will be made to the highest scoring responsive and responsible proposer according to the criteria stated in the RFP. The County may conduct such investigations or interviews, as it deems necessary to assist in the evaluation of any qualifications submitted and to establish to Douglas County’s satisfaction the responsibility, qualifications, and financial ability of any Respondent. Respondents shall not assume that the County will elect to pursue any discussion or interviews.

A selection committee designated by Douglas County will evaluate and rank each responsive proposal, with the three top-ranked Respondents presented to the Douglas County Board of Commissioners for authorization to negotiate an Agreement with the top-ranked Respondent. The failure to timely reach an acceptable contract with the top ranked Respondent will result in the termination of those negotiations and the commencement of negotiations for an acceptable contract with the next highest ranked Respondent and successive Respondents, if necessary. The ranking of the proposals will be based on the evaluation criteria as follows:

A. Experience and Performance

a. Review of past performance on Douglas County projects or other projects of similar nature and complexity as the proposed project;

b. Evaluation of client references whether included in the response or not; and

c. Evaluation of litigation history for the past five (5) years, including for each case:

i. Style of the case, parties to the litigation, court in which litigation was filed, and civil action number;

ii. Nature of claims;

iii. Whether the case is pending or resolved, and, if resolved, the date of and manner in which it was resolved (e.g., relief granted by court, settlement by or among parties, dispositive motion, trial verdict).

B. Staffing

a. Evaluation of the list of personnel specifically assigned to the proposed project, including their qualifications, overall experience and recent experience on projects of similar scope and complexity to the proposed project.

C. Availability

a. Evaluation of the workload of the Respondent and the staffing to be assigned to the proposed project;

b. Evaluation of Respondent’s ability to properly staff and complete the Project.

c. Time schedule of the Respondent in relation to that of the proposed project location of the offices or facilities from which the services are to be provided to the County.

D. Approach

a. Evaluation of the overall understanding of the scope of the proposed project

b. Completeness, adequacy and responsiveness to the required information of the RFP.

E. Financial Stability

a. The Respondent shall submit a statement of financial stability prepared by a financial data service (e.g. Moody’s), an audited financial statement, or a certification to the effect that the Respondent has sufficient financial resources and stability to successfully complete the project and that a financial statement is available upon request.

F. Cost of Services

a. Evaluation of the Respondent’s cost estimates and percentages and ability to provide the services required within this RFP within the Project Budget.

G. Other

a. Other information as the County requests pertinent to completion of a successful Project.

It is anticipated that an Agreement for the described work will be entered into with the Respondent that, in the opinion of Douglas County, offers the most favorable qualifications. The evaluation by the Selection Committee will be based on the criteria listed above and the ability of the Respondent to successfully carry out the Agreement. Proposals shall be prepared per the following Sections, as well as a one-page letter of transmittal signed by an owner, officer, or authorized agent of the Respondent acknowledging and accepting the terms and conditions of this RFP, an executed Conflict of Interest Statement and non-collusion affidavit.

The County reserves the right to reject or accept any or all proposals and to waive technicalities, informalities and minor irregularities in the proposals received. Failure to observe any of the instructions or conditions in this request for proposal may constitute grounds for rejection of the proposal. The County reserves the right to make an award as deemed in its best interest which may include awarding a proposal to a single Respondent or multiple Respondents; or to award the whole proposal, only part of the proposal, or none of the proposal to single or multiple Respondents, based on its sole discretion of its best interest.

SECTION VI - PROVIDE THE FOLLOWING QUALIFICATIONS AND INFORMATION:

A. Provide Firm Overview with Specific Information as to Qualifications and Experience.

1) Provide an overview of the Firm, history, headquarters, geographical area of concentration, staffing, historical revenues for the past 5 years.

2) Provide professional qualifications and description of the level of experience for principal Architect or Engineer personnel in the design of projects similar to this project. All consultants should provide a similar level of information particularly any specialized engineers or designers that may be on the team.

3) Provide information of the Firm’s experience on projects of similar type, size, function, and complexity. Describe no more than ten (10) in order of most relevant to least relevant, which demonstrate the Firm's capabilities to perform the project at hand. For each project, the following information should be provided:

i. Project name, location and dates during which services were performed.

ii. Project delivery method (e.g. construction manager at risk, design-build, or design-bid-build).

iii. Brief description of project and physical description (final construction cost, square footage, number of stories, site area).

iv. Services performed by your Firm. Identify the key personnel that participated in the project and state whether or not they are still with the Firm.

v. Owner’s stated satisfaction in design and service of your Firm.

vi. Owner’s current contact information.

vii. Provide construction budget and final construction cost for each project.

viii. Describe in detail the reasons for any cost increases that may have occurred (Change orders, unforeseen conditions, Owner directed scope increases, errors/omissions, etc.

B. Statement of Suitability:

1) Provide any information that may serve to differentiate the Firm from other Firms in suitability for the project. Suitability may include, but is not limited to, the Firm’s fit to the project and/or needs of the County, any special or unique qualifications for the project, current and projected workloads, the proximity of office to project location, and any techniques or methodologies offered by the Firm that may be particularly suitable for this project type.

2) Describe non-discrimination policies and the Firm’s record and methodologies of addressing public safety, social, environmental, historical preservation, accessibility for persons with disabilities and special needs, or other related concerns.

3) Provide evidence of experience and proficiency with design of public buildings with regard to the areas

C. Staffing

1) Provide names, brief resumes, and qualifications of all team members to be assigned to this project.

2) Please identify the individual who, from project start to finish, will be the leader of your team and the principal point of contact between your Firm and the County or County’s agent.

Provide detailed information on the qualifications of this individual and the direction, authority, and management tools that will be provided to the individual by the Firm. This individual’s competence, his/her leadership, and his/her ability to achieve customer satisfaction will be heavily considered in the selection.

3) Provide detailed information on the three most recent relevant projects your firm has completed with proposed team members working together. Include the total value of the project, dates of the project, quantity of change orders or amendments to the contact and net total cost increase. Summarize the actual schedule performance relative to the initial project schedule. For each project, provide the name of Client’s representative (with a current phone number) who is most familiar with your performance on the project.

Summarize successes achieved and problems encountered with theproject.

4) List the individuals who served as the Principal Architect/Executive/Director, lead designers, project manager, and other key roles on the projects. Please note whether these individuals are still employed with your firm. Identify and provide detailed information on projects in which all or any combination of members of the proposed team has worked together on.

5) Provide detailed information on the level of experience team members have incorporating environmentally friendly/sustainable designs and principles into past projects, if applicable.

D. Availability

1) Provide a statement of Respondent’s capability to absorb the workload for this Project, including the availability of personnel, and commitment to providing services on a timely basis and within the milestone dates for the Project.

2) Provide a current list of other commitments by the Contractor and its key team members and estimated completion dates by project in this section of the proposal. Indicate the current commitments of individual staff to be assigned to the project and involvement with other projects.

E. Design Plan

1) Provide a statement of your definition of your Firm’s proposed overall role in this project, your anticipated level of management responsibility and accountability for project concerns. Describe your process for efficiently resolving issues and maintaining the project commitments while working collaboratively with the Using Agency and others as applicable. Provide detailed procedures for routine solving of complex project issues without compromising your team commitments. Provide your proposed methods and plans of communication.

2) Provide your proposed timeline covering the scope of design, and a detailed work plan for the project. Each milestone must include the detailed steps describing the tasks to be done. Describe systems and procedures your Firm uses to manage the design schedule.

Describe alternatives that may be explored to shorten the schedule.

3) Please explain your process for construction administration.

4) Provide your detailed plan for applying sustainable design and principles into the project or any services not specifically mentioned herein. Explain the relevance of these services to this project and how sthey benefit the project.

F. Financial Stability

1) Submit a summary of receipts and fees for the last three (3) years, most recent year first, indicating gross receipts for Respondent and gross receipts for local office.

2) Provide a copy of the most recent three (3) completed years of audited financial statements

(Income Statement and Balance Sheet).

3) Provide a letter of commitment from Surety or sureties regarding bonding capacity and availability.

G. Cost of Services- Fee proposals will be required at the time the proposals are due. The attached Fee Proposal Form (Exhibit D) shall be used. Selection shall not be based solely upon the fee proposal; however, the fee shall be a factor in the overall selection evaluation.

AT THE TIME OF THE CONTRACT PRICE AMENDMENT, THE COUNTY MAY, IN ITS SOLE DISCRETION

ELECT TO PROCEED WITH THE PROJECT ON EITHER A GUARANTEED MAXIMUM PRICE OR LUMP

SUM PRICE

SECTION VII - MISCELLANEOUS

A. Addenda

Each proposal schedule shall include specific acknowledgment in the space provided of receipt of all addenda issued by the County. Failure to acknowledge may result in the proposal being rejected as non-responsive.

B. Land Acquisition This project will be constructed on land currently owned by Douglas County. The lot shown has FTA’s financial interest and a new plat will have to be submitted to The Douglas County Development Services Department. The DOT will then be responsible for processing dispositioning of the lot through FTA. This process will run concurrently with the design process & input from the lead designer may be needed.

C. Interpretations No interpretation of the meaning of the drawings, specifications or other pre-RFP documents will be made to any Respondent orally. Every request for such interpretation must be in writing, addressed to the Douglas County Purchasing Department. Any and all such interpretations and any supplemental instructions will be in the form of written addenda. All addenda so issued shall become a part of the Contract Documents.

D. Site Examination The Respondent shall examine the site and shall make such examinations on the ground as may be necessary to thoroughly familiarize itself with the nature and extent of the proposed construction and with all local conditions affecting the work. The Respondent shall also accept the premises in its present condition and carry out all work in accordance with the requirements of the specifications and as shown on the drawings. The County will not be responsible for Respondent’s errors and misjudgment nor for failure to obtain any information on local conditions or general laws or regulations pertaining thereto. At the time of the opening of proposals each Respondent will also be presumed to have read and to be thoroughly familiar with the drawings, Contract Documents (including all addenda), and the construction specifications. The failure or omission of any Respondent to examine any form, instrument, or document shall in no way relieve any Respondent from any obligation in respect to his proposal.

E. Laws and Regulations; Licensing

The Respondent’s attention is directed to the fact that all applicable Federal and state laws, county and municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Project throughout, and they will be deemed to be included in the Contract the same as though herein written out in full.

The State of Georgia has requirements for the licensing of contractors engaged in specific types of construction, including general contracting, electrical, plumbing, and underground utility work [re: OCGA § 43-14]. Any contractor (or subcontractor of any tier) performing regulated work on this project shall furnish proof of valid and current registration to the County. Similarly, the State requirements concerning local business licenses shall be met.

F. Execution of Proposals The Respondent, in signing its proposal on the whole or any portion of the work, shall conform to the following requirements:

1. Proposals, which are not signed by individuals providing said proposal shall have attached thereto a power of attorney evidencing authority to sign the proposal in the name of the person for whom it is signed.

2. Proposals, which are signed for a partnership, shall be signed by all of the partners or by an attorney-in-fact. There should be attached to the proposal a power of attorney executed by the partners evidencing authority to sign the proposal

G. Non-Collusion Affidavit The Georgia statute concerning public works construction contracting requires that any person who procures such work by bidding or proposal shall make an oath in writing that he/she has not prevented or attempted to prevent competition in such bidding [OCGA § 36- 91-21(d),I]. If the successful Respondent (“Designer”) is a partnership, all of the partners and any officer, agent, or other person who may have represented or acted for them in bidding for or procuring the contract shall make the oath and complete the Affidavit. If the Designer is a corporation, all officers, agents, or other persons who may have acted for or represented the corporation in bidding for or procuring the contract shall make the oath and complete the Affidavit. If such oath is false, the Agreement shall be void, and all sums paid by the County to the Respondent for and under the Agreement are refundable to the County.

H. Award of Project The Respondent to whom the Project is awarded will be required to execute the Agreement and obtain the performance bond, payment bond and provide insurance certificates acceptable to the County within twenty-one (21) calendar days from the date when the notice of award is issued to the Respondent. In case of failure of the Respondent to execute the Agreement or provide insurance or meet bonding requirements, the County may consider the Respondent in default, in which case the bid security accompanying the proposal shall become payable to the County.

I. SUBSTITUTIONS

Respondents offering and quoting on substitutions or who are deviating from the attached specifications shall list such deviations on a separate sheet to be submitted with their proposal. The absence of such a substitution list shall indicate that the Respondent has taken no exception to the specifications contained therein.

II. INELIGIBLE RESPONDENTS

The County may choose not to accept the proposal of one who is in default on the payment of taxes, licenses or other monies owed to the County. Failure to respond three (3) consecutive times for any given commodity may result in removal from the list under that commodity.

III. FIRM PRICES

Prices quoted in the Proposal shall be firm and best prices. Prices quoted must be valid for a minimum of ninety (90) days from the date of bid opening.

IV. PROPOSAL/PRESENTATION COSTS

The costs for development of the Proposal are the sole responsibility of the Respondent. Douglas County is not liable for any costs incurred by the respondent in preparation and/or presentation of proposals in response to this RFP or for travel and other costs related to this RFP.

EXHIBIT A

COMPLIANCE WITH GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

PROCEDURES & REQUIREMENTS

Pursuant to the “Georgia Security and Immigration Compliance Act,” Douglas County cannot enter into a contract for the physical performance of services unless the contractor registers and participates in the federal work authorization program to verify information of all newly hired employees or subcontractors.

Neither may any contractor or subcontractor enter a contract with the county in connection with the physical performance of services unless the contractor and/or subcontractor registers and participates in the federal work authorization program to verify information of all new employees. O.C.G.A. § 13-10-91.

Before any bid for the physical performance of services is considered, the bid must include a signed, notarized affidavit from the contractor attesting to the following: (1) the affiant has registered with and is authorized to use the federal work authorization program; (2) the user ID number and date of authorization for the affiant; and (3) the affiant is using and will continue to use the federal work authorization program throughout the contract period. O.C.G.A. § 13-10-91 (b) (1). Affidavits shall be maintained for five years from the date of receipt. O.C.G.A. § 13-10-91 (b) (1).

Upon contracting with a new subcontractor, a contractor or subcontractor shall, as a condition of the contract or subcontract, provide Douglas County with notice of the identity of any and all subsequent subcontractors hired or contracted by that contractor or subcontractor within five (5) business days of entering into a contract or agreement for hire with any subcontractor. Such notice shall include an affidavit including the subcontractor’s name, address, user ID number, and date of authorization to use the federal work authorization program. O.C.G.A. § 13-10-91 (b) (3).

Based upon the County’s experience and desire for full compliance, no work may be commenced by any subsequent subcontractor prior to notice being received by the County that the subcontractor (regardless of tier) is in compliance with the law and the attached Procedures & Requirements, including the preparation and submission of the Contractor (or Subcontractor) Affidavit & Agreement AND the Immigration Compliance Certificate PRIOR to the commencement of any work.

DEFINITIONS

Affidavit – a written statement made or taken under oath before an officer of the court or a notary public or other person who duly has been authorized so to act.

Affiant – the person who makes and subscribes to a statement made under oath (affidavit).

Physical Performance of Services – any performance of labor or services for a public employer using a bidding process or by contract wherein the labor or services exceed $2,499.99.

PROCEDURES & REQUIREMENTS. Proposals MUST INCLUDE a signed, notarized affidavit from the Respondent in the form attached as EXHIBIT A (CONTRACTOR AFFIDAVIT & AGREEMENT). If the affidavit is not submitted at the time of the bid, the Proposal will be non-responsive and the Respondent will be disqualified.

Contract Language & Contractual Requirements: Affirmative language shall be contained in agreements for the performance of services to cover all statutory and County requirements; such language shall require that:

Affidavits in the form attached to these “Procedures & Requirements” must be executed from a contractor (and any subcontractors, regardless of tier) and notarized, showing compliance with the requirements of O.C.G.A. § 13-10-91 and that such be made part of the contract and/or subcontracts;

That the contractor (and any subcontractors, regardless of tier) fully comply with the requirements for completing and submitting the “Immigration Compliance Certification” and that such certification be received by the County prior to the commencement of any work under the contract or subcontract;

That the contractor (or any subcontractor, regardless of tier) notify the County within five (5) business days of entering into a contract or other agreement for hire with any subcontractor(s), regardless of tier;

That the contractor be responsible for obtaining and providing to the County the “Subcontractor Affidavit & Agreement” and “Immigration Compliance Certification” attached to and required under these “Procedures & Requirements” from each subcontractor, regardless of tier, employed or retained for work under the contract prior to the commencement of any work under the contract or any subcontract;

That Douglas County, Georgia, reserves the right to dismiss, or require the dismissal of, any contractor or subcontractor for failing to provide the required affidavit or certification and/or for failure to comply with the statutory requirements of O.C.G.A. § 13-10-91 and/or for providing false or misleading information upon the required affidavit(s) or certification(s);

That any contractor and/or subcontractor retaining any other subcontractor to perform services under the contract provide legal notice to any subcontractor of the requirements of Douglas County for immigration compliance and further provide notice that Douglas County, Georgia, reserves the right to dismiss, or require the dismissal of, any contractor or subcontractor for failing to provide the required affidavit or certification and/or for failure to comply with the statutory requirements of O.C.G.A. § 13-10-91 and/or for providing false or misleading information upon the required affidavit(s) or certification(s);

That failure to comply with any of the requirements and procedures of the County (i.e., failure to timely supply required affidavits or compliance certification documents; failure to utilize federal work authorization procedures; failure to permit or facilitate audits or reviews of records by County or State officials upon request; and/or failure to continue to meet any of the statutory or County obligations during the life of the contract) shall constitute a material breach of the agreement and shall entitle the County to dismiss any general contractor or to require the dismissal of any subcontractor or sub/subcontractor (irrespective of tier) for failing to fully comply with these requirements; and

That upon notice of a material breach of these provisions, the contractor (or subcontractor, regardless of tier) shall be entitled to cure the breach within ten (10) days and provide evidence of such cure. Should the breach not be cured, the County shall be entitled to all available remedies, including termination of the contract, the requirement that a subcontractor be dismissed from performing work under the contract, and any and all damages permissible by law.

Immigration Compliance Certification: Prior to commencing work under any contract for the physical performance of services, the contractor shall complete the “IMMIGRATION COMPLIANCE CERTIFICATION” form attached to these “Procedures & Requirements” and submit the same to the County. Prior to allowing any other subcontractor to perform work under the contract, the contractor shall obtain a completed “IMMIGRATION COMPLIANCE CERTIFICATION” from each subcontractor (regardless of tier) and submit the same to the County.

ATTACHMENTS:

CONTRACTOR AFFIDAVIT & AGREEMENT (EXHIBIT A);

SUBCONTRACTOR AFFIDAVIT & AGREEMENT (EXHIBIT A-1);

IMMIGRATION COMPLIANCE CERTIFICATION (EXHIBIT A-2).

CONTRACTOR AFFIDAVIT & AGREEMENT

(EXHIBIT A)

This affidavit must be signed, notarized and submitted with any bid requiring the performance of physical services. If the affidavit is not submitted at the time of the bid, the bid will be determined non-responsive and will be disqualified.

By executing this affidavit, the undersigned contractor verifies compliance with O.C.G.A. §13-10-91, stating affirmatively that the individual, firm or corporation which is contracting with Douglas County, Georgia, has registered with, is authorized to use, and is participating in a federal work authorization program (an electronic verification of work authorization program operated by the U.S. Department of Homeland Security or any equivalent federal work authorization program operated by the U.S. Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA)). The undersigned contractor further attests that it will continue to use the federal Employment Eligibility Verification (EEV) work authorization program throughout the contract period.

The undersigned further agrees that should it employ or contract with any subcontractor(s) or should its subcontractor(s) employ other subcontractor(s) for the physical performance of services pursuant to the contract with Douglas County, Georgia, the contractor or subcontractor will:

(1) Notify the County within five business days of entering into a contract or agreement for hire with any subcontractor(s);

(2) Secure from any subcontractor(s) and/or their subcontractor(s) verification of compliance with O.C.G.A. § 13-10-91 on the attached Subcontractor Affidavit (EXHIBIT A-1) prior to the commencement of any work under the contract/agreement;

(3) Secure from any subcontractor(s) and/or their subcontractor(s) a completed Immigration Compliance Certification (EXHIBIT A-2) prior to the commencement of any work under the contract/agreement;

(4) Provide the subcontractor(s) with legal notice that Douglas County, Georgia, reserves the right to dismiss, or require the dismissal of, any contractor or subcontractor for failing to provide the affidavit and/or for failure to comply with the requirements referenced in the affidavit;

(5) Maintain records of such compliance and provide a copy of each such verification to Cobb County, Georgia, at the time the subcontractor(s) is retained to perform such services or upon any request from Douglas County, Georgia; and

(6) Maintain such records for a period of five (5) years.

EEV (E-Verify) Program Number EEV Program Date of Authorization

BY: Authorized Officer or Agent Contractor Business Name [Contractor Name]

Printed Name Date

SWORN AND SUBSCRIBED BEFORE ME

ON THIS THE ____ DAY OF ____________, 20__

Notary Public Commission Expires: _______

EXHIBIT B

Disadvantaged Business Enterprises (DBE)

The following provisions should be carefully read to determine applicability to your business.

Douglas County Government encourages the participation of all businesses in offering their services and/or products. The Douglas County Government has the goal to fairly and competitively procure the best product at the most reasonable cost.

A Disadvantaged Business Enterprise (DBE) is generally defined as a Female, Black American, Hispanic American and any other minority owned business. The Federal Government has long had program in place to ensure participation of DBE vendors and suppliers. The State of Georgia has established a similar program whereby DBE firms are defined, certified and made known. This effort is managed by the Georgia Department of Transportation (GDOT). More information can be obtained from GDOT web site:

http://www.dot.state.ga.us/eeo-div/index.shtml

The Douglas County Government addresses DBE business participation (frequency and dollar value) in the following ways:

Douglas County wishes to identify all DBE participation; both at the contractor and sub-contractor levels in the following ways.

DBE businesses are requested to identify such status at the time they register as a vendor.

DBE businesses are requested to identify themselves at the time they propose to do business. Please complete EXHIBIT B if applicable and return with bid submittal.

1. All businesses will receive with each Purchase Order an instruction sheet for use of the furnished Douglas County Government DBE Participation Report, EXHIBIT C.

Businesses are requested to complete this report and submit it with each invoice for the time period billed. Douglas County has established a Disadvantaged Business Enterprise Plan in accordance with the regulations of the U.S. Department of Transportation (U. S. Department of Transportation (USDOT), 49 CFR Part 26.) The Douglas County Department of Transportation is the lead agency for implementing the USDOT DBE Program for the County.

The Plan applies only to projects which are clearly indicated by the County.

http://www.dot.state.ga.us/eeo-div/index.shtml

DISADVANTAGED BUSINESS ENTERPRISE (DBE) IDENTIFICATION FORM

A Disadvantaged Business Enterprise (DBE) is generally defined as a woman, Black American, Hispanic American and any other minority owned business. If your firm is classified as a Disadvantaged Business Enterprise (DBE), please complete this form and submit with bid response or send to:

Douglas County Purchasing Department

Attn: Purchasing Director 8700 Hospital Drive

Douglasville, GA 30134 Fax: 770-528-1154

Email: dcpurchasing@douglascountyga.gov

Name of Business: ___________________________________________

Address: ___________________________________________

Telephone: _______________________

Fax: ________________________

Email: ________________________

Certification Number: _____________________________

Name of Organization Certification _____________________________

This information is acquired for informational purposes only and will have no bearing on the award unless otherwise stated.

Instructions for Completing Exhibit C Disadvantaged Business Enterprise (DBE)

Participation Report

The objective of this request is to assist in the identification of Disadvantaged Business Enterprise (DBE) business participation with the Douglas County Government and to quantify that participation.

Douglas County Government does not administer a DBE Certification Program. The principle certification agency for the State of Georgia is the Georgia Department of Transportation. As a Contractor/Vendor you are not responsible for verification of any DBE Certification information of your subcontractor.

2. *** Instructions **1. Contractor/Vendor is furnished the one-page DBE Monthly Participation Report with each Douglas County Government-issued Purchase Order.

2. Contractor/Vendor completes this report for each billing period and attaches it to the invoice to then be sent to the County department/agency receiving the service or product.3. Upon receipt of a Contractor/Vendor invoice and DBE report, the County department/agency receiving the service or product should keep a copy of the completed DBE report for their reporting process. In order to add or verify the prime contractor is registered as a DBE vendor in AMS, the County department/agency should send a copy of the DBE report to:

Douglas County Purchasing Division Attn.: DBE Report

All Douglas County Government contractors or vendors are requested to complete a report descriptive of any DBE subcontractor involvement in work for which the government is making payment. If otherwise specified in an RFP/ITB or contract, additional reporting forms may be required as well.

A Disadvantaged Business Enterprise (DBE) is a firm that is under the control of someone in an ownership position (at least 51%) that:

1. Has membership in one or more of the following groups: Female, Black American, Hispanic American, Native American, Subcontinent Asian American and Asian-Pacific America. There may be other groups that may be eligible to be certified as DBE.

2. Is a U.S. citizen or lawfully admitted permanent resident of the U.S.

3. Has a personal net worth which does not exceed $750,000.

4. The business meets the Small Business Administration’s size standard for a small business. Its annual gross receipts for the three previous fiscal years cannot have exceeded $22,410,000. Depending on the type of work the business performs, other size standards may apply.

5. The business is organized as a for-profit business.

6. The business may also be DBE eligible as a certified U.S. Small Business Administration 8 (a) program.

Exhibit C Douglas County Government Disadvantaged Business Enterprise Participation

Monthly Report

Contractor/Vendor: Please keep this blank report to make copies as needed. Print or type in the report, then send the completed report to the County department/agency receiving the service or product.

County Departments: Keep a copy of this completed report and use the dollar figures to input into your quarterly DBE report to the DBE Liaison (Records Management Division). If you already have a similar reporting method of gathering the dollar figures continue to use it. Send a copy of this completed report to the Purchasing Division (Attn: DBE Report) to add or verify the prime contractor is registered as a DBE vendor.

Submitted by: _____________________________ Month Invoiced: __________________________ Name of Prime Contractor/Vendor From/To:

Douglas County Project Name: _______________________ Bid or P.O. Number: ________________

Douglas County Department or Agency receiving service or product: ___________________________

Description of Purchased Service/Product: _____________________________________________

Full Contracted Amount: $_____________ Payment amount requested at this time: $____________

1. Are YOU, the Prime Contractor a DBE business? YES _____ NO _____

2. Are YOUR subcontractors DBE vendors? YES ______ NO_____

Please provide information below for each participating DBE subcontractor(s).

Submitted by: __________________________________ ______________________________ Printed Name Signature of Authorized Representative

Title or position:…