24_194 Bid Packet.pdf

REQUEST FOR PROPOSALS (Include this form with your firm’s proposal submission)

RFP Number:

24-194

RFP Title:

UTILITY LOCATING AND MARKING SERVICES

RFP Due Date and Time:

Local Time: July 12, 2024 2:00pm ET

Number of Pages: 35

ISSUING DEPARTMENT INFORMATION

Issue Date:

June 13, 2024

City of Johns Creek Purchasing Division 11360 Lakefield Drive Johns Creek, Ga. 30097

Phone: 678-512-3233 Fax: 678-512-3286

Website: www.johnscreekga.gov

INSTRUCTIONS TO OFFERORS

Submitting Request for Proposal (RFP):

All bid submissions shall be submitted electronically and with hard copies (5) in person City Hall.

All questions must be submitted via BidNet no later than 5:00 pm on June 27, 2024. Answers to questions & Addendums will be posted on BidNet.

Instructions for registering for BidNet can be found in special instructions:

Envelope #1 (2 PDF’s) Submission:

1 PDF: required RFP forms (1 PDF). W9, E-verify, 50- 36-1, submittal, cover page, drug free workplace copies of licenses etc... 1 PDF Technical Proposal: Defined in Section 3.0

Envelope #2 (1 PDF) Submission:

1 PDF Cost Proposal & unit prices directly into BidNet

RFP Due & received by: July 12, 2024 2:00 PM ET Both hard copies & electronic.

Special Instructions:

Register for BidNet at:

https://www.johnscreekga.gov/Residents/Purchasing click: register and view quote/RFP opportunities

IMPORTANT: SEE STANDARD TERMS AND CONDITIONS

OFFERORS MUST COMPLETE THE FOLLOWING

Offeror Name (Firm)/Address:

Authorized Offeror Signatory:

(Please sign in ink) Offeror Phone Number: Offeror Print Name:

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

OFFEROR’S RFP CHECKLIST

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

1. _______ Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal;

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

2. _______ Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have.

3. _______ Attend the pre-bid, 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 City of any ambiguities, inconsistencies, or errors in the RFP.

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

5. _______ Follow the format required in the RFP when preparing your response.

Provide point-by-point responses to all sections in a clear and concise manner.

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

7. _______ Use the forms provided, i.e., required documents, RFP cover page, submittal page, Everify, 50-36-1 form, W9, Drug Free Workplace, COI example, etc.

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

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

10. _______ Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time.

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

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

CITY OF JOHNS CREEK

REQUEST FOR PROPOSALS LETTER

We propose to furnish and deliver any and all of the deliverables and services named in the attached Request for Proposals (RFP) for which prices have been set. If price or prices are required and offered herein shall apply for the period of time stated in the RFP.

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

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

It is understood and agreed that this proposal shall be valid and held open for a period of Seventy five (75) days from Request for Proposals opening date.

PROPOSAL SIGNATURE AND CERTIFICATION

(Offeror to sign and return with Request for Proposals)

I certify that this proposals is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences and civil damage awards. I agree to abide by all conditions of the Request for Proposals and certify that I am authorized to sign this proposal for the Offeror. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq., have not been violated and will not be violated in any respect.

Authorized Signature______________________________Date_______________________

Print/Type Name____________________________________________________________

Print/Type Company Name Here_______________________________________________

(Include this form with your firm’s proposal submission)

CITY OF JOHNS CREEK

DISCLOSURE FORM

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

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

Name of Offeror __________________________________________________

Name and the official position of the Johns Creek Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) Offeror(s) will list N/A-Not Applicable to the fields below, if applies:

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

Amount/Value Description

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

(Please fill out and still mark N/A if non-applicable)

(Include this form with your firm’s proposal submission)

TABLE OF CONTENTS

INSTRUCTIONS TO OFFERORS

OFFEROR'S RFP CHECKLIST

REQUIRED DOCUMENT ....................................................................................................... 3-4

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

1.1 PURPOSE OF PROCUREMENT

1.2 ELIGIBILITY/QUALIFICATIONS

1.2.1 PROPOSAL CERTIFICATION

1.2.2 MANDATORY OFFERORS CONFERENCE

1.3 SCHEDULE OF EVENTS

1.4 RESTRICTIONS ON COMMUNICATIONS WITH STAFF

1.5 DEFINITION OF TERMS

1.6 DESCRIPTION OF REQUIREMENTS

1.6.1 RESULTING CONTRACT

1.6.2 MANDATORY REQUIREMENTS

1.6.3 UNDERSTANDING OF SPECIFICATIONS AND REQUIREMENTS

1.6.5 OFFEROR’S SIGNATURE

1.7 SUBMITTING A PROPOSAL

1.7.1 ORGANIZATION OF PROPOSALS

1.7.2 FAILURE TO COMPLY WITH INSTRUCTION

1.7.5 LATE PROPOSALS

1.8 REQUIRED REVIEW

1.8.1 REVIEW RFP

1.8.2 FORM OF QUESTIONS

1.8.3 CITY’S ANSWERS

1.8.4 STANDARD TERMS AND CONDITIONS/STANDARD CONTRACT

1.8.5 PROJECT OVERSIGHT AND STAFFING

2.1 AUTHORITY

2.2 OFFEROR COMPETITION

2.3 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION

2.3.1 PUBLIC INFORMATION

2.3.2 PROCUREMENT OFFICER REVIEW OF PROPOSALS

2.4 CLASSIFICATION AND EVALUATION OF PROPOSALS

2.4.1 INITIAL CLASSIFICATION OF PROPOSAL AS RESPONSIVE OR NON-RESPONSIVE

2.4.2 DETERMINATION OF RESPONSIBILITY

2.4.3 EVALUATION OF PROPOSALS

2.4.4 ORAL PRESENTATION / PRODUCT DEMONSTRATION

2.4.5 COMPLETENESS OF PROPOSALS

2.4.6 BEST AND FINAL OFFER

2.4.7 EVALUATION COMMITTEE RECOMMENDATION FOR CONTRACT AWARD

2.4.8 REQUEST FOR DOCUMENTS NOTICE

2.4.9 CONTRACT NEGOTIATION

2.5 CITY’S RIGHTS RESERVED

3.0 PROJECT OBJECTIVE / SCOPE OF WORK

3.1 BACKGROUND INFORMATION

3.2 OBJECTIVE

3.3 SCOPE OF WORK

3.3.1 KEY PROJECT DELIVERABLES

3.4 PROJECT UNDERSTANDING & APPROACH

3.5 EXPERIENCE / QUALIFICATIONS OF PROJECT TEAM

3.6 REFERENCES OF SIMILAR WORK

3.7 COST PROPOSALS

3.9 BID EVALUATION CRITERIA

4.0 PROPOSAL SUBMISSION AND EVALUATION

4.1 PROCESS FOR SUBMITTING PROPOSALS

4.1.1 PREPARATION OF PROPOSALS

4.1.2 PACKAGING OF PROPOSALS

4.1.3 SUBMISSION OF PROPOSALS

4.2 EVALUATION PROCESS

4.2.1 ADMINISTRATIVE REVIEW

4.2.2 MANDATORY REQUIREMENTS REVIEW

4.2.3 TECHNICAL PROPOSALS EVALUATION

4.2.4 INTERVIEWS

4.3 REJECTION OF PROPOSALS/CANCELLATION OF RFP

4.4 CITY’S RIGHT TO INVESTIGATE AND REJECT

4.4.1 OFFEROR INFORMATIONAL REQUIREMENTS

5.0 TERMS AND CONDITIONS

5.1 RFP AMENDMENTS

5.2 PROPOSAL WITHDRAWAL

5.3 COST FOR PREPARING PROPOSALS

5.4 CONTRACT

5.4.1 CONTRACT TERM

5.5 CONFLICT OF INTEREST

5.6 MINORITY BUSINESS POLICY

5.7 ADA GUIDELINES

5.8 COMPLIANCE WITH LAWS

5.9 GOVERNING TERMS

5.10 INDEMNIFICATION

5.11 CORRECTIONS/CREDITS

5.12 INSURANCE

5.13 CANCELLATION

5.14 INDEPENDENT CONTRACTOR

5.15 NO ASSIGNMENT

5.16 AUDIT

5.17 ATTORNEY’S FEES

5.18 MISCELLANEOUS

APPENDIX A SCHEDULE OF EVENTS

APPENDIX B COST PROPOSAL

APPENDIX C REQUIRED FORMS…………………………………………………………..32

APPENDIX D EXISTING COMMUNICATIONS NETWORK

1.0 INTRODUCTION

1.1 Purpose of Procurement

The City of Johns Creek, Georgia (City) is seeking proposals from qualified utility locating and marking companies, hereinafter referred to as the Contractor, to provide utility locating, marking and GA811 ticket processing for the City’s Public Works Department in accordance with the terms and conditions, and specifications contained in this Request for Proposals (RFP).

1.2 Eligibility/Qualifications

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

Offeror should provide the City with credentials supporting their past experience, expertise and organizational qualifications to insure satisfactory execution of the services contained in the RFP.

Offeror should provide a list of references with particular emphasis on other governmental agencies, and include clients and past clients within the Atlanta Metropolitan area, and the number of years in business providing these services.

1.2.1 Proposal Certification

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

1.3 Schedule of Events

See APPENDIX A for the detail Schedule of Events.

1.4 Restrictions on Communications with Staff

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

1. Question Citation of relevant section of the RFP

2. Question Citation of relevant section of the RFP

Questions must be submitted online only through the City’s electronic bidding platform BidNet.

Firms can register for BidNet by visiting the City’s website purchasing page https://johnscreekga.gov/departments/finance/bids-rfps/ and follow the links to the Georgia Purchasing Group by BidNet. Questions must include the company name and the referenced RFP section.

Additional assistance with bid submissions or pre-proposal conference is available by emailing the City of Johns Creek Purchasing Division at: purchasing@johnscreekga.gov .

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

1.5 Definition of Terms

OCGA - Official Code of Georgia Annotated (State Statute)

Offeror - Respondent to this Request for Proposals

Contractor – Offeror(s) awarded contract with City

RFP - Request for Proposals

1.6 Description of Requirements

The City of Johns Creek has established certain requirements with respect to Request for Proposals to be submitted by offerors.

Whenever the terms "shall", "must", "will", or "is required" are used in the RFP, the specification being referred to is a mandatory requirement of this RFP. Failure to meet any mandatory requirement will cause rejection of Offeror's proposal. Whenever the terms "can", "may", or "should" are used in the RFP, the specification being referred to is a desirable and failure to provide any items so termed may not be cause for rejection, however, may cause a reduction in score awarded.

1.6.1 Resulting Contract

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

1.6.2 Mandatory Requirements

To be eligible for consideration, an offeror must meet the intent of all mandatory requirements.

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

1.6.3 Understanding of Specifications and Requirements

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

1.6.4 Prime Contractor/Subcontractors

Offeror(s) proposals selected as most advantageous to the City based on evaluation factors set forth in the RFP shall be the prime contractor if a contract is awarded and shall be responsible, in total, for all work of any subcontractors. All subcontractors, if any, must be listed in the proposal. The City reserves the right to approve all subcontractors. The Contractor shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City.

1.6.5 Offeror’s Signature

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

1.7 Submitting a Proposal

1.7.1 Organization of Proposals

Offerors must organize their Proposals (RFP) into sections that follow the format of this RFP, separating each section example: Cover letter, table of contents, 3.4.1 Project Understanding and Approach, 3.32. Experience/Qualifications of Project Team of Similar Scope, 3.4.2 References of Similar Scope.

1.7.2 Failure to Comply with Instruction

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

1.7.3 Copies Required and Deadline for Receipt of Proposals

Offerors must submit proposals both; hard copies (5) in person/mail at City Hall and online electronically through BidNet. Technical proposals, all required documents, and any additional bid documents must be delivered and uploaded into in BidNet. RFP responses must be received prior to 2:00 pm, Friday July 12, 2024, hard copies to City Hall and electronically in BidNet.

1.7.5 Late Proposals

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

1.8 Required Review

1.8.1 Review RFP

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

1.8.2 Form of Questions.

Offerors with questions or requiring clarification or interpretation of any section within this RFP must address these questions online only via BidNet on or before 5:00pm June 27, 2024.

Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered.

1.8.3 City’s Answers.

The City will provide an official written answer within three (3) business days to all questions received by June 27, 2024 5:00pm. The City's response will be by formal addendum published online via BidNet. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be published on BidNet. Offerors acknowledge receipt of addendums electronically with Proposal submissions and may also provide signed copies of addendums in their Proposal.

1.8.4 Standard Terms and Conditions/Standard Contract.

By submitting a response to this RFP, offeror agrees to acceptance of the standard terms and conditions and standard contract as set out in Section 5.0 of this RFP. Much of the language included in the standard terms and conditions and standard contract reflects requirements of state law. Requests for exceptions to the standard terms and conditions, standard contract terms, or any added provisions must be submitted to the City’s identified procurement officer by the date for receipt of questions or with the Offeror’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Offeror’s ability to respond to the RFP or perform the contract. The City reserves the right to address non-material, minor, insubstantial requests for exceptions with the highest scoring offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal addendum issued for this RFP and will apply to all offerors submitting a response to this

RFP.

1.8.5 Project Oversight and Staffing

The successful offeror will report to the City’s Project Manager, (TBD at contract award).

2.0 RFP STANDARD INFORMATION

2.1 Authority

This RFP is issued under the authority of the Purchasing Division of the City of Johns Creek. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria.

The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used.

2.2 Offeror Competition

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

2.3 Receipt of Proposals and Public Inspection

2.3.1 Public Information

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

2.3.2 Procurement Officer Review of Proposals.

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

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

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

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

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

2.4 Classification and Evaluation of Proposals

2.4.1 Initial Classification of Proposal as Responsive or Non-responsive

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

2.4.2 Determination of Responsibility

The Procurement Officer will determine whether an offeror has met the standards of responsibility.

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

2.4.3 Evaluation of Proposals

All responsive Proposals will be evaluated based on stated evaluation criteria in section 3.4 In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing price, quality, and contractual factors. These scores will be used to determine the most advantageous offering to the City.

2.4.4 Oral Presentation / Product Demonstration

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

2.4.5 Completeness of Proposals

Selection and award will be based on the Offeror’s Proposal and other items outlined in this RFP.

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

2.4.6 Best and Final offer

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

2.4.7 Evaluation Committee Recommendation for Contract Award

The Evaluation Committee will provide a written recommendation for contract award to the Procurement Officer that contains the scores, justification and rationale for its decision.

The Procurement Officer will review the recommendation to ensure its compliance with the RFP process and criteria before concurring I the Evaluation Committee’s recommendation.

2.4.8 Request for Documents Notice

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

2.4.9 Contract Negotiation

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

2.5 City’s Rights Reserved

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

Cancel or terminate this RFP;

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

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

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

3.0 PROJECT OBJECTIVE / SCOPE OF WORK

This section identifies all mandatory requirements which must be present in the Proposal before further consideration will be given. Offeror must prepare and submit a response which references the page(s) of the Technical Response where satisfaction of the Mandatory Requirements is substantiated.

3.1 Background Information

The City of Johns Creek, Georgia lies along the banks of the Chattahoochee River in northeast Fulton County. The City consists of approximately 31.3 square miles in area and has a population of nearly 83,000 residents. Johns Creek is known for its premier residential community, strong public schools and an inviting, relaxed lifestyle. The 2020 median household income in Johns Creek is estimated to be $125,862, which is nearly double the median household income of the greater Atlanta Region. 67% of residents over age 25 hold a bachelor’s degree, and approximately 28% have a graduate or professional degree. High income and educational attainment levels indicate Johns Creek residents have strong buying power and enjoy a high standard of living.

3.2 Objective

Due the importance of maintaining continuous communication using the City's fiber network between the Traffic Control Center (TCC) and the City's traffic facilities, the City has a need to protect its infrastructure. To this end the City has joined the Georgia 811 One Call Center and is seeking qualified contractors to perform utility locating and marking services.

The purpose of this RFP is to select a Contractor to provide locating, marking and ticket processing services. The procurement schedule can be found in Appendix A. The term of the contract will be for 3 years beginning October 1, 2024 with two optional renewable years.

In order to provide for protection of in ground traffic facilities, the City is seeking a qualified contractor to perform all aspects of GA 811 ticket processing, underground utility locating and marking.

Any and all components or elements of the existing fiber optic communications network within City facilities and public ROW may be included in this on-call contract as needed. Any infrastructure added as part of future projects will also be considered a part of this on-call contract.

The City’s existing communications network list is included in Appendix D.

3.3 SCOPE OF WORK

The Contractor will receive facility locate requests directly from Georgia 811 One-Call Center and manage the entire ticket response and locating process for the City. Historically, the City receives approximately 200 locate requests from Georgia 811 monthly. Contractor shall furnish all labor, supervision, tools, materials, paint, flags, equipment (including a hardware compatible with the existing communication/systems used by the Georgia One-Call Center and transportation to perform Underground Facilities Locating and Marking services, as requested by the City of Johns Creek and the Georgia One-Call Center on behalf of Owner, in accordance with the following specifications:

MANDITORY RESPONSE-TECHNICAL PROPOSALS

3.3.1 Contractor’s Duties and Responsibilities

1. Contractor will receive and respond to all Excavation notices directed to City of Johns Creek through the One-Call Center in accordance with current State Laws. Contractor shall provide such markings and protection as may be required. Such protection shall include painting, flagging or staking in accordance with the current State Laws governing the protection of Underground Facilities and City of Johns Creek's specifications.

2. Contractor will comply with all applicable federal, state, county and local laws, ordinances and regulations including the current Georgia State Underground Utility Damage Prevention Act.

3. Contractor will be responsible for obtaining all licenses, permits, inspections and other authorizations required for Contractor's performance of the Services. In as much as GA811 will require the contractor to be a licensed receiver and will charge fees directly to the Contractor, the Contractor will be responsible for those fees. However, the City will reimburse the Contractor for the standard per ticket fee paid by the licensed receiver (Contractor) to GA811. Since, it is GA811's practice to charge differing rates dependent on the responsiveness of the contractor, the Contractor will be responsible for any late fees, fines or penalties that result from their failure to perform in a timely manner. The Contractor will be responsible for payment of those late fees, fines or penalties whether billed directly to them or to the City. The selected Contractor must be a licensed receiver before execution of a Contract for this scope of services.

4. All Markings shall be in accordance with the current State of Georgia Laws.

5. Contractor's personnel shall be proficient in the use of approved locating devices, methods, marking procedures, communicative skills, and record-keeping requirements necessary to perform the Locate Request and Marking tasks.

6. Contractor's locating equipment or devices are subject to City of Johns Creek's approval.

All Underground Facilities shall be electronically located, except where electronically impossible.

7. Contractor's personnel shall represent City of Johns Creek in a courteous and professional manner at all times.

8. Contractor shall receive and record Locate Requests from the One-Call Center during normal service hours consistent with the Georgia One-Call Center and City of Johns Creek, but should be no less than Monday through Friday, 7:00 a.m. through 5:00p.m. CST), except for holidays observed by the One- Call Center or City of Johns Creek.

9. Contractor shall complete the requirements of a Normal Locate Request within two (2) business days of receiving the Locate Request.

10. Contractor shall receive and record Emergency Locate Requests at any time of any day.

11. All Emergency locate notices shall be responded to within two (2) hours of receipt by

Contractor, unless otherwise required by law or regulation to be sooner, unless otherwise agreed to with requesting party or excavator.

12. Contractor shall provide all circuits and equipment required to receive requests from the One-Call Center. City of Johns Creek shall be responsible for all other contractual and cost obligations from the One-Call Center.

13. Contractor shall be responsible for making arrangements with all Excavators for locate purposes.

14. All Locate Requests will be processed within the required timeframe or contact will be made with the Excavator to arrange an appropriate time to perform the Locate.

15. All Excavators will be called as soon as possible to confirm requested time of appointments or to make appropriate arrangements, as required.

16. Contractors' administrative responsibility shall include, but not be limited to, receipt, recording, dispatching, reporting, monitoring and closing out of Notice of Excavation.

Formats of reports to be pre-approved by the City prior to preparation.

17. When the Underground Facility is "Identifiable, but Un-locatable", Contractor must contact Owner. Owner will then determine the course of action to be taken. If no course of action is successful, Contractor shall notify the Excavator of the presence of any "Identified, but Un-locatable" Facilities of City of Johns Creek and shall caution the Excavator that any location information supplied may not be within the scope of the definition of Reasonable Accuracy.

18. In the event Contractor fails to meet the demands for Locate Requests, City of Johns Creek, in its sole determination, shall have the right to use its own employees or the services of another outside vendor to satisfy such needs. City of Johns Creek shall then invoice Contractor for City of Johns Creek's costs in using its own employees or vendor.

19. If requested by City of Johns Creek, Contractor shall provide additional services, such as Site Surveillance (standby protection) or Extended Locate services to include but not limited to facilities not owned by the City.

20. Additional visits to the Excavation Site required due to Contractor's unsatisfactory performance shall not be treated or considered an additional ticket.

21. Contractor shall keep a record for a minimum of two (2) years of each Notice of Excavation indicating the time and date; when locate was received, the type of facility marked, date and name of the call- back person notified.

22. Contractor shall at all times afford City of Johns Creek access to any and every part of the Services so as to enable them to inspect and ensure that the Services being performed conform to the terms of the Agreement.

23. Contractor shall provide and maintain at all locations where work is being performed, adequate and suitable warning signs, all necessary suitable guards, and appropriate warning signals of any hazards in connection with the work, in order to prevent accidents during the course of the work.

24. Contractor shall share excavation notice data, initial and closed, via their electronic management system.

25. In the event that an Underground Facility is damaged by a third party as a result of Contractor errors and omissions to properly mark such Underground Facilities in accordance with its contractual agreement with the City of Johns Creek, all applicable laws and regulations, and state laws governing utility protection, the Contractor shall be liable for full costs for such damage, unless such damages resulted due to circumstances or factors beyond the control of the Contractor. Contractor will also be responsible for downtime/delays to Company due to inaccurate locates.

26. Contractor shall investigate incidents of damage, as requested by City of Johns Creek, for accuracy of the Locates(s).

27. Contractor shall respond, within one hour, to the work site following notification of damages to City of Johns Creek facilities.

28. Contractor shall submit a written report of damage investigations within 5 days and maintain a copy of such written reports for a period of three (3) years.

29. Contractor and City of Johns Creek shall hold meetings as needed to review completed investigation reports, and to assess responsibility. Should the damage review process between City of Johns Creek and Contractor reveal that City of Johns Creek does not find Contractor liable for damage, City of Johns Creek agrees to hold Contractor harmless from any ensuing damages owed to any third party as a result of the damage to the City of Johns Creek's Underground Facilities or any fines that may later be levied by the State of Georgia.

30. Should the damage review process between City of Johns Creek and Contractor reveal that the Excavator is responsible for the damage, Contractor shall provide testimonial and investigative support for any recovery efforts by the City of Johns Creek.

31. Should the damage review process between City of Johns Creek and Contractor reveal that Contractor is liable for the damage, Contractor agrees to hold City of Johns Creek harmless from any ensuing damages owned to any third party as a result of the damage to the City of Johns Creek's Underground Facilities or any fines that may later be levied by the State of Georgia.

32. Contractor will be responsible for any costs involved with distributing electronic mapping, or updates to maps and records for its employees.

33. Contractor shall retain and safeguard City of Johns Creek's location maps and records.

34. Contractor shall be responsible to notify City of Johns Creek, of any discrepancies or omissions in the City of Johns Creek-provided records, to the extent Contractor can determine the discrepancies and omissions.

35. Contractor shall acknowledge that City of Johns Creek's maps may not be available and to the extent that maps are available, they do not reflect the actual physical location of Underground Facilities and may not exist for all installations. The Contractor will not have direct access to the City's official electronic records, but copies of the City's records will be made available in electronic and hard copy formats at the request of the Contractor. The Contractor will be responsible for the maintenance of their copies of records provided to them.

36. Contractor shall be solely responsible for determining the existence of Underground Facilities. Contractor shall be responsible for and liable for any failure to locate Underground Facilities consistent with the provisions of this Statement of Services.

37. Contractor shall stop any construction that would conflict with City's facilities and ensure contractor has proper dig ticket. Contractor shall notify the City of potential conflicts as soon as possible.

3.4 Project Understanding and Approach – 30 points max

The Contractor shall demonstrate an understanding of the City’s goals, project constraints and objectives for the project. The Contractor must also understand the challenges and issues and what effect they will have on project delivery. Simply restating the scope of services does not demonstrate an understanding of the project.

The City of Johns Creek is interested in approaches that are innovative and economic.

Consideration should also be given to maintain economic responsibility during this project. The individual or firm will propose a brief description of their approach to the scope of service they propose. Offeror should provide a description of the work plan and the methods to be used that will convincingly demonstrate to the City what the Offeror intends to do, the timeframes necessary to accomplish the work, and how the work will be accomplished.

Basis of Evaluation

1. Understanding of project requirements. Discuss experience with intelligent transportation system (ITS) and traffic signal equipment locating services. Suitability of proposed services, comprehensiveness of the work processes, equipment to be used and quality assurance.

2. Methods proposed to meet the City's objective.

3. Completeness, adequacy, and responsiveness to RFP.

4. Availability of key staff for the work proposed.

3.5 Experience / Qualifications of Project Team of Similar Scope –-30 points max

The Contractor shall demonstrate similar project experience. Projects of a similar size and content, to the proposed project, should be included. The Contractor shall present an organization chart showing the reporting structure for the project team, including the project manager and the proposed task leaders for all major work categories. Project Manager listed in the RFP will not be changed without the approval of the City.

Basis of Evaluation.

1. Quality and relevant experience

2. Demonstrated experience and reputation of project manager in the management of similar type projects.

3. Relationship of Experience to this project as it relates to size, quality and relevance.

4. Relationship of Experience as it relates to similar Projects

5. Does description include all major work categories and how personnel functions within categories?

Information should be complete, in a clear and concise manner.

3.6 References of Similar Work – 20 points max

Provide a minimum of three (3) references in the state of Georgia. A minimum of two references will be contacted to confirm the Contractor’s history of project performance and project manager performance. Scores will be based on the average of responding references received. Include customer’s name, contact name, email, phone number and brief general description of project and project budget.

Basis of Evaluation

1. Perception of the firm on similar projects

2. Perception of the project manager on similar projects

3. Perception of the firms / projects managers ability to meet the project schedule

4. Perception of the responsiveness of project manager / firm

3.7 Cost Proposals – 20 points max

A cost proposal should be included in a separate sealed envelope marked #2 electronically in BidNet and one (1) sealed envelope marked with firm’s name and marked Envelope #2 Cost Proposal with in person / mail required RFP bid submission. As part of this scope of work the Contractor shall provide rates for each line item attached in Appendix B.

Cost proposal shall be submitted in a separate sealed envelope, which will not be opened until after other criteria have been considered. Offeror’s will submit cost proposal unit costs directly into BidNet with a (1) hard copy to City Hall in a sealed Envelope #2 with Cost proposal 24- 194 and firm’s name.

3.9 Bid Evaluation Criteria

As part of this scope The following criteria are also considered during the selection process:

1. Compliance with bid required documents (responsiveness)

2. Completeness of bid technical response to Section 3.4 to 3.7

3. Additional Submittal Requirements / Response

4. If required, shortlist interviews

5. BAFO if requested by the issuing Purchasing Officer

4.0 PROPOSAL SUBMISSION AND EVALUATION

4.1 Process for Submitting Proposals

4.1.1 Preparation of Proposals

Failure to meet these requirements will result in the Proposal being determined “non-responsive” and the entire submittal will be rejected.

Proposal Format

Each Proposal should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation. If supplemental materials are a necessary part of the Technical Proposal, the Offeror should reference these materials in the Technical Proposal, identifying the document(s) and citing the appropriate section and page(s) to be reviewed. To aid in thorough and consistent review, the technical proposal shall be submitted on no more than Twenty (20), one sided 8 ½” x 11” pages in no smaller than 11 point font and shall be organized to correspond to each evaluation criteria section and all pages shall be numbered. Title page, Offeror cover letter, table of contents, copies of professional services licenses and standard purchasing required documents & forms required by the City (such as Immigration and Security Form and Affidavit Verifying Lawful Presence etc.) shall not count towards the page limit.

The cover letter shall briefly state the understanding of the scope of work, a statement the firm is best suited and qualified to perform the work, and any unique attributes and talents the firm can leverage to best accomplish the project for the City of Johns Creek.

The table of contents shall contain the sections and corresponding page number for the items listed below. All pages of the proposal must be clearly identified and consecutively numbered and correspond to the table of contents.

Technical Proposal shall consist of the following format:

1. Cover Page (not count-page limit, first page of this RFP)

2. Firm’s cover letter (not count-page limit)

3. Table of Contents (not count-page limit)

4. Section 3.4 Project Understanding and Approach

5. Section 3.5 Experience / Qualifications of Project Team of Similar Scope

6. Section 3.6 References of Similar Scope

7. Section 3.7 Cost Proposal

8. Appendix: Copy of any related qualifications: i.e., licenses, resumes

4.1.2 Packaging of Proposals

Offerors must submit proposals BOTH online through BidNet and Five (5) hard copies in person / mail at City Hall. All electronic and hard copy proposals must be uploaded in designated envelopes in BidNet and hard copies be marked in package. Cost Proposal PDF are to be uploaded only in envelope #2 in BidNet and one (1) hard copy must be sealed.

Request for Proposal must be received electronically through BidNet and hard copies received at City Hall prior to 2:00 pm, Friday July 12, 2024 Eastern Time.

Outside of package for hard copies shall be marked as:

City of Johns Creek Purchasing Bid 24-194 11360 Lakefield Drive

Johns Creek, GA. 30097 (Phone if needed-678-512-3233)

The contents of package and electronic submission shall include:

Envelope #1 (hard copies can be lose in a box

A). 1 PDF upload in BidNet, Required Forms / RFP Documents & 1 hard copy (non-binder in sealed envelope marked hard copy Required Documents 24-194:

Required Documents. (RFP cover page, RFP Proposal Letter, Disclosure Form, W9, E-verify, 50-36-1 form (person submitting proposal), example COI, Drug-Free Workplace, copy of any professional licenses etc.) ONLY one hard Copy needed have in 1 sealed…