RFP #26075-P: Lease of County Property – 211 First Manassas Mile

GENERAL TERMS AND CONDITIONS

1. Definitions:

a. County or Lessor: Fayette County, Georgia

b. RFP: Request for Proposals

c. Offeror: A company or individual who submits a proposal in response to this RFP.

d. Successful Offeror: The Offeror that is awarded a lease.

e. Lessee: The Successful Offeror, upon execution of the lease.

2. Property “As Is”: The property is being leased “as is,” “where is” and “with all faults” to Lessee.

3. Preparation of Offers: It shall be the responsibility of the Offeror to examine all instructions and other information that are part of this RFP. The Offeror should take care to provide all requested information.

1. Submission of Offers: Offerors must submit their proposal, along with any amendments issued by the County, in a sealed opaque envelope. Mail or deliver one (1) original, unbound proposal, signed in ink by a company official authorized to make a legal and binding offer and a copy on a flash drive to:

Fayette County Government Purchasing Department 140 Stonewall Avenue West, Suite 204 Fayetteville, GA 30214

RFP Number: 26075-P RFP Name: Lease of County Property – 211 First Manassas Mile Road

4. Timely Receipt: Offers not received in the Purchasing Department by the time and date of the scheduled proposal opening will not be considered.

5. Open Offer: To allow sufficient time for a contract to be awarded, the offer, once submitted and opened, shall remain open for acceptance for a period of at least ninety (90) days from the date of the opening to the date of award.

6. Due Diligence & Inspection: Offerors must complete any and all due diligence and property inspections before the proposal received-by time and date. No provision is made for a due diligence period once proposals have been opened.

7. Defects or Irregularities: The County reserves the right to waive any defect or irregularity in any proposal received.

8. References: Include with your bid three (3) references, on the form provided. Include all information as requested on the form.

9. Proposal Preparation Costs: The Offeror shall bear all costs associated with preparing their offers.

10. Late Submissions: Offers not received by the time and date of the scheduled opening will not be considered.

11. Offer Corrections or Withdrawals: The Offeror may correct a mistake, or withdraw a proposal, before the opening date and time by sending written notification to the Director of Purchasing. Proposals may be withdrawn after the opening only with written authorization from the Director of Purchasing.

12. Proposal Evaluation: Award will be made to the Offeror whose proposal is deemed the best value for the County, taking into consideration payment terms, proposed use of the property, references, any exceptions listed, and/or other factors deemed relevant in making the award.

The County may make such investigation as it deems necessary to determine the ability of the Offeror to lease, and the Offeror shall furnish to the County all information and data for this purpose as the County may request. The county reserves the right to reject any proposal, or all proposals, and to re-advertise for proposals.

13. 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 Lessee 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 the business, as described in Fayette County Ordinance Chapter 2, Article IV, Division 3 (Code of Ethics).

If such 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 Lessee 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, cancellation of the contract in question, or debarment or suspension from award of a County contract for a period of up to three years.

14. Lease Execution: After the county makes an award, all required documents are received by the county, and the lease is fully executed with signature of both parties, the county will issue a fully executed lease. The county shall not be liable for payment of any costs incurred by any bidder prior to the county issuing a fully executed lease.

15. Assignment of Lease: Assignment of any contract resulting from this invitation to bid will not be authorized, except with express written authorization from the County.

16. Term of Lease: The initial term of the Lease shall begin on July 1, 2026 or upon issuance of an executed Lease, and continue through June 30, 2027. Thereafter, the Lease will renew automatically for one-year renewal terms unless either party gives notice of non-renewal at least thirty (30) days prior to the end of the initial term or the then-current renewal term. This agreement is subject to the multi-year contractual provisions of O.C.G.A. 36-60-13(a).

2. Insurance: The Successful Offeror shall procure and maintain the following insurance, to be in effect throughout the term(s) of the contract, in at least the amounts and limits set forth as follows:

• General Liability Insurance: $1,000,000 combined single limit per occurrence, including bodily and personal injury, destruction of property, and contractual liability.

• Automobile Liability Insurance: $1,000,000 combined single limit each occurrence, including bodily injury and property damage liability.

• Worker’s Compensation: Workers Compensation as required by Georgia statute.

Before a contract is executed with the Successful Offeror, the Successful Offeror shall provide Certificates of Insurance for all required coverage. The Successful Offeror can provide the Certificate of Insurance after award of the contract, but must be provided prior to execution of the contract document by both parties. Certificates shall list an additional insured as follows:

Fayette County, Georgia

140 Stonewall Avenue West Fayetteville, GA 30214

17. Indemnification: The Lessee shall indemnify the county and all its officers, agents and employees against any suits, actions, or other claims brought on account of any injuries or damages to any person, persons, or property resulting from any negligent act or fault of the Lessee, or of any agent, employee, subcontractor or supplier in the performance of any contract which may be awarded. The Lessee shall pay any judgment with cost which may be obtained against the county growing out of such injury or damages.

3. Termination for Cause: The County may terminate the Lease for cause by sending written notice to the Lessee of the Lessee’s default in the performance of any term of the Lease. Termination shall be without prejudice to any of the County’s rights or remedies by law.

4. Termination for Convenience: The County may terminate the Lease for its convenience at any time with 10 days’ written notice to the Lessee.

5. Force Majeure: Neither party shall be deemed to be in breach of the Lease to the extent that performance of its obligations is delayed, restricted, or prevented by reason of any act of God, natural disaster, act of government, or any other act or condition beyond the reasonable control of the party in question.

18. Severability: The invalidity of one or more of the phrases, sentences, clauses or sections contained in the Lease shall not affect the validity of the remaining portion of the contract. If any provision of the Lease is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision to the extent that the provision is unenforceable. In such case, the Lease shall be deemed amended to the extent necessary to make it enforceable while preserving its intent.

19. Choice of Law & Forum: The Lease shall be governed in accordance with the laws of the State of

Georgia. The parties agree to submit to the jurisdiction in Georgia, and further agree that any cause of action arising under the Lease shall be required to be brought in the appropriate venue in Fayette County, Georgia.

Request for Proposals #26075-P Lease of County Property – 211 First Manassas Mile Road

Scope of Work & Response Requirements

OBJECTIVE

Fayette County, Georgia wishes to enter into a lease agreement with a private company or other entity for the use of one or two parcels of currently unused land which are located next to the County’s solid waste transfer station property.

INTRODUCTION

The County’s solid waste transfer station is located at 211 First Manassas Mile Road, Fayetteville, Georgia 30214. There are two parcels of land next to or near the transfer station that are not needed for transfer station operations (please see the attached map). One parcel contains approximately seven acres, and the other approximately 15 acres. The County will consider proposals from private companies or other entities to put this acreage to productive use which would provide a benefit to both the Lessee and the County.

PROPERTY DESCRIPTION

a. Property Location: 211 First Manassas Mile Road, Fayetteville, Georgia 30214.

b. Size: Two parcels of land, one approximately 7 acres, and the other approximately 15 acres.

c. Existing Conditions: Both parcels are heavily wooded with pine trees.

d. Utilities: Utilities can be made available. Any and all costs for utility service will be the responsibility of the lessee, not the County.

e. Survey: THE SUCCESSFUL RESPONDER SHALL PROVIDE A SURVEY/LEGAL DESCRIPTION OF

THE PARCEL(S) LEASED PRIOR TO EXECUTION OF THE LEASE AGREEMENT. THE SUCCESSFUL

RESPONDER SHALL PAY ALL COSTS OF OBTAINING THE SURVEY.

LEASE TERM: The initial term of the Lease will begin on July 1, 2026 or upon execution of the Lease by both parties, and continue through June 30, 2027. Thereafter, the Lease will renew automatically for one-year renewal terms unless either party gives notice of non-renewal at least thirty (30) days prior to the end of the initial term or the then-current renewal term. This agreement is subject to the multi-year contractual provisions of O.C.G.A. 36-60-13(a).

MAINTENANCE: The Lessee will be responsible for all costs and expenses in connection with the use, operation, and maintenance of the Property.

OTHER: The Lease agreement shall include the General Terms and Conditions that are included in this RFP.

PROTECTION OF PROPERTY & ACCESS:

• The Lessee agrees to care for and maintain the premise in a proper manner.

• The Lessee shall not make any improvements on the leased property without prior approval by the County.

• The Lessee shall comply with all federal, state, county and local laws, regulations, and policies in response to its use of the premise.

• Any property or incidentals damaged during the course of the Lease shall be repaired or replaced to the satisfaction of Fayette County.

• The Lessee shall not sublet, assign, or transfer its interest or obligations under this Lease to any third party, without express written County approval.

• Site Plan: Any development of the parcel(s) shall be in accordance with Federal, State, and

Local permitting requirements. The successful responder shall perform and pay all costs for design, permitting, and site development. This may include, but is not limited to, an encroachment permit for new driveways onto Firsts Manassas Mile Road, stormwater management, NPDES permitting, landscaping, or other site development.

PROPOSAL RESPONSE REQUIREMENTS

The entity to be offered a Lease agreement will be chosen by evaluation of proposals that are submitted to the County in response to this RFP. Your proposal should include the following information, in a clear and concise manner, in the order shown below. The County reserves the right to seek additional information or clarification of issues as needed.

1. Cover Page: Include the RFP number (#26075-P) and title (Land Lease – First Manassas Mile Road). Also include your firm’s name, address, telephone number, and e-mail address.

2. Required Forms and Information:

a. Company Information {form provided}

b. References {form provided}

c. Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1) {form provided}

d. Signed Addenda, if any are issued.

3. Project Plan: Describe the activities you propose to carry out on the property:

a. Intended Use: Describe your intended use of the site and detail the specific activities you would carry out. Explain any public benefit that would result, or public purpose that would be served, if any, by your proposed use of the land.

b. Land Stewardship: What is your plan for maintaining the property, including environmental best practices and overall stewardship of the land?

c. Proposed Improvements: Detail any capital improvements that you would propose to make on the property (Please note that the County must give written approval prior to any improvements being made to the land).

4. Company Background and Experience: Provide a brief overview of your company, including its size and number of employees, corporate structure, legal status, number of years in business, background and history. Specify the firm’s experience in providing services such as those described in this RFP. Describe any specialized or unique capabilities that your firm may have developed which would be pertinent to this project.

5. Lease Payments & Other Considerations: State the monthly amount you propose to pay the County as part of the lease agreement. If your proposal includes in-kind services or other non-cash contributions in lieu of part or all of the payment, clearly detail the cash amount and value any other contributions (with explanation of how the values of non-cash payments were derived) that would make up your total proposed compensation.

EVALUATION CRITERIA

The Lease will be awarded to the responsible firm whose proposal is in the best interest of the County and its citizens, with lease payments, intended use, and other relevant factors considered. However, the County reserves the right to reject any and all proposals, at the County’s discretion. An Evaluation Committee will review and evaluate proposals. Proposals will be evaluated and scored on Response Requirements #3, 4, & 5 shown above, with the following values:

Criteria Max Points A. Technical Merit:

1. Project Plan 35

2. Company Background & Experience 25

Total Maximum Technical Merit Score 60

The technical merit score for Project Plan will be based on the demonstrated direct or indirect public benefit of the project, its intended use, land stewardship, and proposed improvements.

Scoring for Company Background and Experience will include the perceived ability of the Offeror to successfully deliver, operate, and maintain the project over the course of the lease.

B. Lease Payments: Your proposed lease payments and other contributed value, as compared to other responding entities, will comprise up to 40 possible points. Total proposed compensation will be assigned points earned through use of a variance weighting method. The best offer will earn the maximum number of points for this portion of the score. Other proposals’ payment scores will be calculated based on the variance of their payments from the best value offered. If non-cash contributions make up all or part of your proposed compensation, the County reserves the right to adjust your valuation to reflect a more accurate value to the County, at the County’s sole discretion.

C. Presentations: The County may, at its discretion, choose one or more of the firms offering the best value to make in-person presentations. If more than one company makes a presentation, the

Evaluation Committee will evaluate and score the presentations, and adjust evaluation score totals accordingly, by up to a maximum of 20 points each.

Updated 2/22/2022

COMPANY INFORMATION

RFP #26075-P: Lease of County Property – 211 First Manassas Mile Road

A. COMPANY

Company Name: _________________________________________________

Physical Address: ________________________________________________

Mailing Address (if different): ______________________________________

Website (if applicable): ____________________________________________

B. AUTHORIZED REPRESENTATIVE

Signature: _______________________________________________________

Printed or Typed Name: ____________________________________________

Title: ___________________________________________________________

E-mail Address: __________________________________________________

Phone Number: __________________________________________________

C. PROJECT CONTACT PERSON

Name: _________________________________________________________

Title: __________________________________________________________

E-mail Address: __________________________________________________

Phone Number: __________________________________________________

Contractor Affidavit under O.C.G.A. § 13-10-91(b)(l)

The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any contract to which Contractor is a party that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with O.C.G.A. § 13-10-91, attesting as follows:

a) The Contractor has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program;

b) The Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof;

c) The Contractor will notify the public employer in the event the Contractor ceases to utilize the federal work authorization program during the contract period, including renewals or extensions thereof;

d) The Contractor understands that ceasing to utilize the federal work authorization program constitutes a material breach of Contract;

e) The Contractor will contract for the performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the Contractor with the information required by O.C.G.A. § 13-10-91(a), (b), and (c);

f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s) subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to which Contractor is a party after the date hereof without further action or consent by Contractor; and

g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to the public employer within five business days of receipt.

Federal Work Authorization User Identification Number Date of Authorization

_____________________________________________ 26075-P Lease – 211 1st Manassas Mile Name of Contractor Name of Project

Fayette County, Georgia_________________________ Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on _________, _____, 20_____ in _______________ (city), __________ (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE _______ DAY OF _____________, 20______.

NOTARY PUBLIC

My Commission Expires: _____________________________

REFERENCES

RFP #26075-P: Lease of County Property – 211 First Manassas Mile Road

Please list three (3) references who can verify the quality of service you provide.

1. Government/Company Name ________________________________________________

City & State ________________________________________________________________

Work or Service Provided_____________________________________________________

Approximate Completion Date _________________________________________________

Contact Person and Title ______________________________________________________

Phone _________________________ Email ____________________________________

2. Government/Company Name _______________________________________________

City & State _______________________________________________________________

Work or Service Provided_____________________________________________________

Approximate Completion Date ________________________________________________

Contact Person and Title _____________________________________________________

3. Government/Company Name _______________________________________________

City & State ________________________________________________________________

Work or Service Provided_____________________________________________________

Approximate Completion Date _________________________________________________

Contact Person and Title ______________________________________________________

COMPANY NAME_______________________________________________________