Attachment 2 _ Offer Checklist.pdf

REQUEST FOR PROPOSALS

ATL SOLICITATION # 26-002

TRANSIT OPERATIONS AND MAINTENANCE SERVICES

For ATLANTA-REGION TRANSIT LINK AUTHORITY and

GWINNETT COUNTY

ATTACHMENT 2

CONTENTS

Offer Documents

OFFER DOCUMENT #1 - COMPLETE PROPOSAL CHECKLIST

ATL Solicitation No. 26-002

The undersigned certifies that all of the Offer Documents listed below have been fully completed, properly signed, arranged in the proper order, and submitted with this proposal in response to ATL Soliciation No. 26-002.

D Offer Document #1 - Complete Proposal Checklist

D Offer Document #2 - Proposal Letter

D Offer Document #3 - Acknowledgement of Addenda to RFP

D Offer Document #4 - Proposer Information Form

D Offer Document #5 - Proposer Certifications

D Offer Document #6 - Technical Proposal

□Offer Document #18 - Price Proposal (Attachment 3)

D Offer Document #8 - Sub-Contractor Affidavit

D Offer Document #9 - Sub Sub-Contractor Affidavit

D Offer Document #10 - Subcontractors and DB Es

D Offer Document #11 - Certification Regarding Debarment and Suspension

D Offer Document #12 - Certification Regarding Lobbying

D Offer Document #13 - Non-Collusion Affidavit

D Offer Document #14 - Anti-Boycott, Divestment and Sanctions Against Israel Cert.

D Offer Document #15 - Statement of Responsibility Certification

D Offer Document #16 - Sales and Use Tax Compliance Form

D Offer Document #17 - Bid Bonds

□Offer Document #7 - Contractor Affidavit under O.C.G.A. 13-10-91 (b)(1)

OFFER DOCUMENT #2 - PROPOSAL LETTER

In response to ATL Solicitation No. 26-002, the undersigned ("Proposer") hereby proposes to furnish to ATL the necessary materials, labor, equipment, and supervision and to perform operations, duties, and obligations necessary to complete the Services required by the Contract Documents.

By submitting this proposal, Proposer agrees that all information received by ATL from Proposer, as a result of this Request for Proposals and subsequent thereto, shall become the property of ATL, to be used and disclosed at its sole discretion without further obligation to Proposer, copyright or other restrictive legend notwithstanding.

ATL reserves the right to reject any and all proposals. No obligation, either expressed or implied, exists on the part of ATL to make a contract award or for the cost incurred by Proposer in the preparation of the proposal.

Proposer certifies that it has examined and fully understands all of the provisions of the Request for Proposals and is satisfied that they are accurate; that it has carefully checked all numbers and statements made in this proposal; that it has satisfied itself with respect to the actual site conditions, nature and location of the engagement; the general and local conditions to be encountered in the performance of the contract; and other matters which in any way may affect the contract or the cost thereof. Proposer hereby agrees that A TL will not be responsible for any errors or omissions in the proposal.

Proposer certifies that it is able to sign and comply with all provisions of the Contract that is attached as Part 3 of this RFP without any changes. The undersigned hereby certifies that he/she is authorized to bind Proposer to this proposal and to a contract resulting therefrom.

Attached hereto and made a part of this proposal are the required proposal data and all other information which Proposer desires to be considered as part of this proposal. Proposer acknowledges that ATL, at its option, may incorporate any of the information submitted by Proposer into a resulting contract.

Proposer Shall submit One (1) electronic copy of a complete proposal including all properly executed Offer Documents. Pricing must be submitted in a separate electronic copy in Excel Format via USB.

Proposer acknowledges receipt of all addenda to this RFP.

Company Name

Authorized Representative Name

Title

Authorized Representative Signature (form locked after signing; clear signature to make changes)

Date

OFFER DOCUMENT #3 - ACKNOWLEDGEMENT OF ADDENDA TO RFP

A TL Solicitation No. 26-002

The undersigned acknowledges either receipt of the following addenda to

ATL Solicitation No. 26-002 or acknowledges that no addenda were issued:

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

OR

D No addenda were issued to ATL Solicitation No. 26-002.

Company Name

Authorized Representative Name

Title

Authorized Representative Signature

(form locked after signing; clear signature to make changes)

OFFER DOCUMENT #4 - PROPOSER INFORMATION FORM

Contractor must provide all of the information requested below:

Legal Name

Mailing Address

Physical Address (if different from above)

Phone# Fax#

Website Address

Authorized Representative Name

Title

Phone# Fax#

Email Address

Atlanta-Based Contact Name

Title

Phone# Fax#

Email Address

OFFER DOCUMENT #5 - PROPOSER CERTIFICATIONS

A TL Solicitation No. 26-002

This document must be fully completed, signed by an authorized representative of the Proposer, notarized and submitted with the Proposer's technical proposal.

1. I certify that, if awarded a contract, the Proposer will deliver goods and services which will meet or exceed the specifications set forth in this RFP, the Proposal and the terms of the final contract between the Proposer and ATL.

2. I certify on behalf of the Proposer that this Proposer 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 that collusive behavior surrounding formal solicitations is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the Proposal and certify that I am authorized to sign this Proposal for the Proposer.

3. I certify that the Proposer has not violated and will not violate the provisions of the Official Code of

Georgia Annotated, Section 45-10-20 et. seq.

4. I certify that this Proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Proposal for the same materials, supplies, services, or equipment and is in all respects fair and without collusion or fraud. I understand collusive behavior surrounding formal solicitations 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 this RFP and certify that I am authorized to sign this Proposal for the Proposer.

Company Name

Authorized Representative's Name

Authorized Representative's Signature

OFFER DOCUMENT #7 - E-VERIFY AFFIDAVIT

By executing this affidavit, the undersigned Proposer verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in in the physical performance of services on behalf of the Atlanta-Region Transit Link Authority has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A.

§ 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical 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 (b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Proposer

Name of Project

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

Executed on .._________,J ' □. 2020 in (city)�'--�', (state) �I _ __ �I .

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 Ir�---�

NOTARY PUBLIC

My Commission Expires:

2020.

OFFER DOCUMENT #8 - Subcontractor Affidavit A TL Solicitation 26-002

Subcontractor Affidavit under O.C.G.A. § 13-l0-9l(b)(3)

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of (name of public employer) has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A.

§ 13-10-91 (b ). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Subcontractor

Name of Project

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__.

NOT ARY PUBLIC

OFFER DOCUMENT #9 - Sub Subcontractor Affidavit A TL Solicitation 26-002

Sub-subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(4)

By executing this affidavit, the undersigned sub-subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract for (name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract) and (name of contractor) on behalf of (name of public employer) has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.

Furthermore, the undersigned sub-subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned sub subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the sub subcontractor with the information required by O.C.G.A. § 13-10-91(b). The undersigned sub-subcontractor shall submit, at the time of such contract, this affidavit to (name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privily of contract). Additionally, the undersigned sub-subcontractor will forward notice of the receipt of any affidavit from a sub-subcontractor to (name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privily of contract). Sub subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Sub-subcontractor

Name of Project

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

OFFER DOCUMENT #9 - Sub Subcontractor Affidavit

A TL Solicitation 26-002

OFFER DOCUMENT #10 - SUBCONTRACTORS AND DBEs

This document must be fully completed, signed by an authorized representative of the Contractor, notarized, and submitted with the price quote.

Subcontractor Name, Address, Description of % of DBE?

and Phone# Subcontractor's Role Contract (Y/N)

1 I II !CJD

2 l 11 !CJD

3 I 11 !CJD

4 I I !CJD

OR

D No subcontractors or DBEs

Is the prime contractor a DBE? □ Yes □ No

Authorized Representative Name

Title Date

Authorized Representative Signature

OFFER DOCUMENT #11 - CERTIFICATION REGARDING SUSPENSION AND DEBARMENT

1. By signing and submitting this bid or proposal, the Proposer is providing the signed certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to ATL, the Federal Government may pursue available remedies, including but not limited to suspension and/ or debarment.

3. The Proposer shall provide immediate written notice to ATL if at any time the Proposer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "persons," "primary covered transaction," "principal," "proposal," and

"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29].

5. The Proposer agrees by submitting this proposal that, should the proposed transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, Subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by ATL.

6. The Proposer further agrees by submitting this proposal that it will include the clause titled "Debarment and Suspension Certification Requirements" and the certificate form without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participate in a lower tier covered transaction that is not proposed for debarment under 48 CFR Part 9, Subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Excluded Parties List issued by U.S. General Service Administration.

8. Nothing contained in the forgoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

OFFER DOCUMENT #11 -

OFFER DOCUMENT NO.12 - CERTIFICATION REGARDING

LOBBYING ATL Solicitation No. 26-002

APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed.

Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

[Note: Pursuant to 31 U.S.C. § 1352(c)(1 )-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]

Certification Regarding Lobbying - Page 1

OFFER DOCUMENT NO.12 - CERTIFICATION REGARDING

LOBBYING ATL Solicitation No. 26-002

OFFER DOCUMENT #13: Non-Collusion

Affidavit A TL Solicitation No. 26-002

Now here appeared before the undersigned officer duly authorized by the State of Georgia to administer oaths _____________________ (Authorized Company Representative) and after being first duly sworn, depose and say that, they are all the officers, agents, persons or employees who have acted for _______________ _ (Company Name) on the Atlanta-Region Transit Link Authority Enterprise Asset Management System proposal and that said has not by (himself, themselves) or through any persons, officers, agents or employees prevented or attempted to prevent by any means whatsoever, competition in such solicitation, or by any means whatever prevented or endeavored to prevent anyone from making a proposal therefore, or induced or attempted to induce another to withdraw proposal from said work.

Signature of Affiant

Name of Affiant

Title of Affiant

Sworn to and subscribed to me this ___ day of ___________ , 20

Notary Public ___________ _

(Seal)

Note: See O.C.G.A. § 36-91-21 (e)

OFFER DOCUMENT # 14

Certification of No Boycott of Israel Form

ATL Solicitation No. 26-002

ContractorNendor certifies and verifies that it: (i) does not boycott Israel and (ii) will not boycott Israel during the Term of this Agreement.

Form requirements:

• This certification is required by O.C.G.A. § 50-5-85.

• This form is required to be attached to all Contracts (services), regardless of whether Contract requires the creation of a Purchase Order.

Pursuant to O.C.G.A. §50-5-85, the state shall not enter into a contract with a total value of

$1,000 or greater with an individual or company if the contract is related to construction or the provision of services, supplies, or information technology unless the contract includes a written certification that such individual or company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel.

Vendor/Contractor Name or

ICompany Name I Street Address I I City I I State I I Zip Code I I Phone Number I I Printed Name of Authorized

IRepresentative I Title of Authorized

I IRepresentative

Signature of Authorized

I IRepresentative

Date I I

OFFER DOCUMENT #15

STATEMENT OF RESPONSIBILITY CERTIFICATION

ATL Solicitation No. 26-002

A responsible proposer is one that the ATL believes to be responsible based on responses provided in the Contractor's proposal and/or based on Contractor's responses to the requirements of the solicitation document. Responsibility shall generally be presumed. In order for a Contractor to be deemed non-responsible, the ATL must make an affirmative determination of non-responsibility. The ATL reserves the right to conduct additional due diligence into any Contractor's responsibility status. Such due diligence may include investigations into one or more of the following areas:

1. Whether Contractor has adequate financial resources to perform the contract, or the ability to obtain them.

This includes, but is not limited to, the ability to obtain required bonds (if any) and insurance from sureties and insurance companies authorized to do business in Georgia.

2. Whether Contractor is able to comply with the contract requirements, considering the Contractor's other business obligations.

3. Whether Contractor is registered to do business in the State of Georgia and is listed as "ACTIVE/ COMPLIANCE" with the Office of the Georgia Secretary of State.

4. Whether Contractor is not presently debarred or suspended from bidding by any Federal or State governmental entity;

5. Whether Contractor has within a three year period preceding this proposal has been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a pub I ic transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

6. Whether Contractor is presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated above.

7. Whether Contractor has had a contract terminated for default in the last 3 years.

8. Whether Contractor is currently under investigation for any possible breach of contract, or fraud or allegations of criminal activity related to the types of Services requested within this solicitation document.

(And if yes, the circumstances, nature and magnitude of such investigation shall be considered in any possible non-responsibility determination).

9. Whether Contractor has a satisfactory performance record.

I 0. Whether Contractor has a satisfactory record of integrity and business ethics.

I 1. Whether Contractor has satisfactory organization, experience, accounting and operational controls, and managerial and technical skills.

Page I of4

OFFER DOCUMENT #17-BID BOND FORM

Proposers shall furnish a bid guaranty in the form of a bid bond or certified treasurer's or cashier's check issued by a responsible bank or trust company, made payable to ATL. The amount of such guaranty shall be equal to 5% of the total bid price for the initial term of the Contract. By submitting its proposal, Proposer understands and agrees that if the Proposer should withdraw any of part of its bid within 180 days after the bid opening without the written consent of A TL, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to furnish adequate and acceptable insurance as outlined in the Contract, it shall forfeit its bid guaranty to the extent of ATL's damages caused by such withdrawal, or refusal, or inability to enter into an agreement or provide adequate security thereof. It is further understood and agreed that to the extend the defaulting Proposer's bid guaranty shall prove inadequate to fully recompense ATL for the damages caused by the default, then the undersigned Proposer agrees to indemnify ATL and pay over to ATL the difference between the bid guarantee and ATL's total damages to make ATL whole. Any material alteration of any of the aforestated or any of the material contained herein, unless requested in writing by ATL, will render the proposal unresponsive.

KNOW ALL MEN BY THESE PRESENTS THAT:

Name of Contractor

Address of Contractor a (Select one) D Corporation O Partnership O Individual hereinafter called Principal, and

Name of Surety

Address of Surety a Corporation of the State of _____________ , and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto

Atlanta-Region Transit Link Authority

Name of Obligee: ___________ _

245 Peachtree Center Avenue NE, Suite 2200 Atlanta, GA 30303 Address of Obligee: _________________ _

Therein after referred to as Obligee: in the penal sum of

($.,....,..--,-...,.....-,-----,---,) in lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal is about to submit, or has submitted, to Atlanta-Region Transit Link Authority, a proposal for furnishing materials, labor, and equipment for Transit System Operations and Maintenance.

WHEREAS, the Principal desires to file this Bond in accordance with law in lieu of a certified Proposer's check otherwise required to accompany this Proposal.

NOW, THEREFORE, the conditions of this obligation are such that if the proposal be accepted, the Principal shall within ten days after receipt of notification of the acceptance, execute a Contract in accordance with the Proposal and upon the terms, conditions, and prices set forth in the form and manner required by Atlanta-Region Transit Link Authority, and execute a sufficient and satisfactory Bid Bond payable to Atlanta-Region Transit Link Authority, each in the amount of $--,--,,.......,...,,.,....---,---=----,---=--..,,. '-,��---,--,-------,,----c----,--____,,--,, in form and with security satisfactory to said Atlanta-Region Transit Link Authority, and otherwise, to be and remain in full force and virtue in law, and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to Atlanta-Region Transit Link Authority, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as Amended, and is intended to be and shall be constructed as a bond in compliance with the requirements thereof.

Signed, sealed and dated this ______ day of ______ , 20__

ATTEST:

(Principal Secretary)

(SEAL)

(Witness as to Principal-Signature)

(Print Name)

(Address)

(Principal-Signature)

(Print Name)

(Address)

(Surety)

By: