REQUEST FOR PROPOSAL PROGRESSIVE DESIGN/BUILD 26RFP150795K-JAJ

FRIENDSHIP PUMP STATION PROGRESSIVE

DESIGN/BUILD

For

DEPARTMENT OF PUBLIC WORKS

RFP ISSUANCE DATE: July 6, 2026 RFP DUE DATE AND TIME: August 12, 2026 AT 11:00 AM PRE-PROPOSAL CONFERENCE DATE: July 22, 2026 PURCHASING CONTACT: James A. Jones E-MAIL: james.jones@fultoncountyga.gov

LOCATION: FULTON COUNTY GOVERNMENT

DEPARTMENT OF PURCHASING & CONTRACT COMPLIANCE

130 PEACHTREE STREET, S.W., SUITE 1168

ATLANTA, GA 30303

mailto:james.jones@fultoncountyga.gov

TABLE OF CONTENTS

SECTION 1 – INTRODUCTION

1.1 PROJECT DESCRIPTION

1.3 METHOD OF SOURCE SELECTION

1.4 BACKGROUND

1.5 COUNTY OBJECTIVES

1.5.1 PROGRESSIVE DESIGN/BUILD DELIVERY SERVICES

1.9 PROPOSAL DUE DATE

1.10 CONTACT PERSON AND INQUIRIES

1.11 PROCUREMENT SCHEDULE

SECTION 2 – INSTRUCTIONS TO PROPOSERS

2.1 PROCUREMENT PROCESS

2.2 CONTRACT DEFINITIONS

2.3 NO CONTACT DURING PROCUREMENT PROCESS

2.4 CLARIFICATION & ADDENDA

2.5 TERM OF CONTRACT

2.6 PROPOSAL EVALUATION

2.7 DISQUALIFICATION OF PROPOSERS

2.8 RESERVED RIGHTS

2.9 APPLICABLE LAWS

2.10 RISK MANAGEMENT AND INSURANCE REQUIREMENTS

2.14 ACCURACY OF RFP AND RELATED DOCUMENTS

2.15 RESPONSIBILITY OF PROPOSER

2.16 CONFIDENTIAL INFORMATION

2.17 COUNTY RIGHTS AND OPTIONS

2.18 COST OF PROPOSAL PREPARATION AND SELECTION PROCESS

2.19 TERMINATION OF NEGOTIATIONS

2.20 WAGE CLAUSE

2.21 ADDITIONAL OR SUPPLEMENTAL INFORMATION

2.22 REPORTING RESPONSIBILITIES

2.23 GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

2.24 AUTHORIZATION TO TRANSACT BUSINESS

2.25 RIGHT TO PROTEST

2.26 NON-COLLUSION

2.27 CERTIFICATE OF ACCEPTANCE

2.28 EXCEPTIONS TO THE COUNTY’S CONTRACT

2.29 CERTIFICATION REGARDING DEBARMENT

2.30 GENERAL REQUIREMENTS

SECTION 3 – PROPOSAL REQUIREMENTS

3.1 OVERVIEW OF PROPOSAL REQUIREMENTS

3.2 FORMAT & PROPOSAL SUBMISSION INSTRUCTIONS

3.3 PROJECT REQUIREMENTS/SCOPE OF WORK

3.4 PROJECT DELIVERABLES

3.5 PROJECT SCHEDULE (OPTIONAL)

3.6 TECHNICAL PROPOSAL FORMAT AND CONTENT

3.7 BID FORM OR COST PROPOSAL FORMAT AND CONTENT

SECTION 4 – EVALUATION PROCESS

4.1 EVALUATION COMMITTEE

4.2 EVALUATION AND SELECTION PROCESS

4.3 RESPONSIVENESS REVIEW

4.4 EVALUATION SELECTION CRITERIA

4.5 NOTIFICATION OF SELECTION

SECTION 5 – BID FORM OR COST PROPOSAL FORM

SECTION 6 – GENERAL CONDITIONS

SECTION 7 – SPECIAL CONDITIONS

SECTION 9 – PURHASING FORMS

SECTION10– CONTRACT COMPLIANCE REQUIREMENTS

SECTION 11 - INSURANCE AND RISK MANAGEMENT PROVISIONS

SECTION 12 – CONTRACT INFORMATION AND SAMPLE CONTRACT

SECTION 13 – EXHIBITS

SECTION 1 – INTRODUCTION

1.1 PROJECT DESCRIPTION

Fulton County, Georgia (“County”) is seeking qualified firms to provide Progressive Design-Build Services (“PD/B Services”) for the design and compilation of a guaranteed maximum price (GMP) for the final design and construction of Friendship Pump Station and its connected forcemain.

This is Phase I of The Friendship Pump Station Progressive Design Build(FPS) .

The FPS, which includes the associated force main, will serve the sewer drainage basin between South Fulton Pkwy, Cochran Mill Road, Cedar Grove Road and Rivertown Road. An Additional pump station, known as Cochran Road Pump Station (CRPS), will be built by Minerva USA near 5405 Cochran Mill Rd, that will convey flows to FPS. Both FPS and CRPS flows will be discharged to the Fulton County Cedar Grove Pump Station and to the Jones Road interceptor sewer where a tee, valve and manifold shall be installed for future connection. The invert Elevation at FPS will be set to allow the gravity system to enter from both northern and western sides of the wet well.

The details of the Project requirements are presented in the Request for Proposal (“RFP”).

After the evaluation of the Respondent’s Proposals, the Project shall be awarded, if at all, to the responsible and responsive Respondent whose proposal is most advantageous to the County unless one or more of such Respondent’s qualifications changes after submission of its RFP and before the award, and such change results in the Respondent being disqualified under the criteria in the RFP or otherwise is determined to be not responsible or not responsive to the RFP. If this occurs, the Project shall be awarded, if at all, to the next most responsible and responsive Respondent, that remains qualified at the time of the award, whose proposal is most advantageous to the County. Each Respondent shall have a continuing duty to notify the County, in writing, in the event that any of its qualifications change on or after the date it submits it’s RFP and before the Project is awarded and the contract is executed by the County.

This project will require all ground run surveying, engineering, construction of the new Friendship Pump Station and associated Force Main. This project includes but is not limited to a new Friendship Pump Station, a new force main from the Friendship Pump Station to the existing gravity main located upstream of the Cedar Grove Pump Station.

The Friendship Pump Station is currently planned to be constructed on Parcel 07 120000540378 borderd by Porter Terry Road to the North and Rivertown Road to the South. The existing 30% design documents exhibit the The County’s preferred forcemain alignment under Option #2 and Attachment B, Those documents show the forcemain utilizing Fulton County and Union City property where available before encountering private property and GDOT ROW.

Proposals provided in response to this RFP that comply with the submittal requirements set forth in Section 4.0, including all forms and certifications, will be evaluated in accordance with the criteria and procedures described herein. Based on the results of the evaluation, the County will award the [insert project description here] to the most advantageous Proposer based on the cost and the evaluation factors set forth in the RFP.

To maintain project efficiency, the County prefers to obtain all required permits as early in the project process as feasible. The selected PD/B team will be expected to provide a omprehensive list of all required permits and to initiate the permitting process as part of this initial project phase. The PD/B Team shall acquire all easements required for the project. This will include preparation of the easement documents, legal descriptors and plats in accordance with Fulton County requirements. The PD/B shall negotiate with the individual property owners to obtain the required signatures on the easement documents. The Public Works Department will submit the completed documents to the Board of Commissioners for final processing. The PD/B Team shall also prepare the plat for the purchase or dedication of the property for the pump station and all associated facilities

1.1.1 Permits: [Required]

A Land Disturbance Permit and a Building Permit will be required from the City of SouthFulton for Phase II of this project. Stream buffer disturbance permits will also be required from the Georgia Environmental Protection Division for any stream crossings. If wetlands are encountered, a permit from the U.S. Army Corps of Engineers will be necessary.

To maintain project efficiency, the County prefers to obtain all required permits as early in the project process as feasible. The selected PD/B team will be expected to provide a omprehensive list of all required permits and to initiate the permitting process as part of this initial project phase.

1.1.2 Rights of Way/Easements: [Required]

The PD/B Team shall acquire all easements required for the project. This will include preparation of the easement documents, legal descriptors and plats in accordance with Fulton County requirements. The PD/B shall negotiate with the individual property owners to obtain the required signatures on the easement documents. The Public Works Department will submit the completed documents to the Board of Commissioners for final processing. The PD/B Team shall also prepare the plat for the purchase or dedication of the property for the pump station and all associated facilities.

PROCUREMENT PROCESS

The County is following a procurement process pursuant to Title 36, Chapter 91 of the Official Code of Georgia Annotated (“O.C.G.A.”) and other applicable law for the selection of a single contractor to provide both design and construction services for this Progressive Design/Build (“PD/B”) project.

1.3 METHOD OF SOURCE SELECTION

This procurement is being conducted in accordance with all applicable provisions of the Fulton County Code of Ordinances and the specific method of source selection for the services required in this Proposal is Code Section 102-374, Competitive Sealed Proposals.

1.4 BACKGROUND

The South Fulton Capacity Study, approved by the BOC in 2021, provided Fulton County with the framework for expanding & upgrading the sanitary sewer network found in South

Fulton County through the 2050 decade. The report indicated that Fulton County would need to construct seven new pump stations and increase the capacity of several other existing stations. One of the proposed stations required to provide sanitary sewer service to the City of South Fulton is the Friendship Pump Station (FPS) which will serve the Friendship Village Development (FVD) planned to be constructed between 2027-2035.

The FVD proposed by Minerva USA consists of a combination of mixed-use, single-family, multifamily, commercial, and civic developments including an amphitheater, school and fire station. Currently, the area is undeveloped, and unsewered at the proposed site which is located northwest of the intersection of Rivertown Road and South Fulton Parkway in Fairburn, Georgia. Fulton County plans to maintain sanitary sewer for the approximate 2,000 acre development which includes a pump station to convey the sanitary sewer to existing sanitary sewer facilities necessary to serve this area.

1.5 COUNTY OBJECTIVES

The following are the County Objectives for this project:

Over the duration of this phase of the Friendship Pump Station Progressive Design/Build (FPS) the County is seeking the followingdsfdsfesign and construction of the Friendship Pump station and its associated forcemain will require these facilities to convey flows from the proposed gravity interceptor sewer that will tie into FPS and the Cochran Road Pump Station (CRPS).A key component to this project is having the forcemain alignment within right-of-way South Fulton Parkway. That forcemain alignment is the most cost effective and provides the optimal efficiency point with regards to pumping. as this alignment provides the most direct route to existing facilities and minimizes the overall capital costs compared to alternative routes.

As part of the selection process, the County will evaluate the ability of the joint venture team to lead and facilitate coordination efforts between Fulton County and the Georgia Department of Transportation.

1.5.1 PROGRESSIVE DESIGN/BUILD DELIVERY SERVICES

The improvements to the Friendship Pump Station and Force Main will follow a Progressive Design Build (PD/B) model. The following services will be required by the selected PD/B entity:

Phase 1 – Pre-construction Phase Services Phase 1 shall consist of planning, design, bidding of component packages and preparation of a Guaranteed Maximum Price Proposal. Phase 1 is more specifically described as follows:

Prepare Design Documents –signed and sealed(by a registered professional engineer) complete engineering drawings, details, and technical specifications for the scope of work. The design package will be assembled in a manner that provides sufficient technical design information for qualified sub-contractors to prepare competitive bids.

Design Meetings and Workshop – conduct periodic milestone design workshops (i.e. 30% Basis of design, 60%, and 80% complete) plus, at minimum monthly progress meetings with the County to ensure design criteria are being met.

Project Schedule – develop and manage a total project schedule using approved scheduling software. Monthly monitoring, updating and reporting will be required.

Access to Projectmates Software will be required. The Contractor shall obtain licenses for all Contractor/subcontractor users. Fulton County will assign access to the County database for use by the Contractor.

Permitting – identify all permits and approvals (environmental, building, local, state, federal, etc.) required to design, construct, and commission the project.

Permitting activities must be included in the project schedule. Includes participation in pre-application meetings, preparation of applications and submittals, responses to requests for additional information (RAI’s) and developing, implementing and monitoring a permit compliance plan. Construction permits are not to be submitted at this point.

Easement and Property Plats - The Progressive Design / Build team shall prepare and acquire all easements and property required for the construction of the project after receiving County approval. Surveying, plats, legal descriptions, and all other required documents shall be prepared by the PD/B Team. Property acquisition will also be required.

Estimate and Constructability Review at 60% Design – an estimate of construction and a constructability review will be performed after the 60% design package is complete. The PD/B Team will meet with the County to review the estimate and constructability review to determine if the project is within budget. If the estimate is not within budget, a value engineering workshop will be conducted to get the scope to better align with any identified budgetary constraints.

Guaranteed Maximum Price (GMP) Proposal Development – at the 80 percent design stage, a GMP Proposal will be developed through an open book bidding process of all work packages for the project construction and design completion which will include details of r i s k , labor hours and costs by trade, equipment, materials and services, sub-contractors and escalation costs, with the exclusion of any sole-sourced equipment as defined during the design of the project.

The GMP will also include all other direct costs the Progressive Design-Builder will encounter including general condition costs, costs of bonds and insurance, overhead and profit for all work under the construction phase, Owner Controlled contingencies (which contingencies, if any, shall be for the County’s use and benefit), field management costs, and any allowances.

GMP Proposal – If a GMP cannot be agreed upon, the County will retain all of the deliverables obtained during the first phase of the Project and may use them to re-advertise the Project for construction bids or proposals. If a GMP is accepted by the County, a GMP Amendment will be executed by the County and the PD/B

Entity in the amount of the agreed GMP for the construction of the scope of work outlined in the design documents

1.6 OBTAINING THE RFP

In order to obtain complete information about this solicitation, please click the link below where this document and supporting documents can be downloaded, https://www.bidnetdirect.com/georgia/fultoncounty.

1.7 PRE-PROPOSAL CONFERENCE

A Pre-Proposal Conference will be held via web-conference.

Date: July 22,2026 Time: 11:00 A.M.

Link: https://zoom.us/meeting/register/rh5JP_uBTUSLSQ8MY4H4-A

The purpose of the Pre-Proposal Conference is to provide information regarding the project and to address any questions and concerns regarding the services sought by the County through this RFP. However, no verbal response provided at the Pre-Proposal Conference binds the County. Only those responses to questions submitted through BidNet Direct and responded to by the County will be official.

Inquiries regarding the solicitation either technical or otherwise may be submitted prior to the Pre-Proposal Conference and will be addressed during the Pre-Proposal Conference.

Any additional questions asked at the Pre-Proposal Conference will be responded to in the form of an addendum with the County’s official responses.

Fulton County does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of Fulton County Government should be directed to Mario Avery, Contract Compliance Administrator at

(404) 612-6307 or email: mario.avery@fultoncountyga.gov.

1.8 SITE EXAMINATION

TBD

1.9 PROPOSAL DUE DATE

All proposals will be received by the Department of Purchasing & Contract Compliance electronically through BidNet Direct at https://www.bidnetdirect.com/georgia/fultoncounty on or before August 12, 2026 at 11:00 A.M., legal prevailing time. All submitted responses will be electronically time and date stamped at the time all documents are uploaded and received.

Any proposals received after this appointed schedule will be considered late and will be returned unopened to the Proposer. The proposal due date can be changed only by addendum.

1.10 CONTACT PERSON AND INQUIRIES

Information regarding the bid or bid requirements, either procedural or technical, may be obtained by submitting questions to:

Purchasing Contact Name: James A. Jones mailto:mario.avery@fultoncountyga.gov

Email: james.jones@fulotncountyga.gov Phone:

1.11 PROCUREMENT SCHEDULE

The following is the procurement schedule for this project and will be strictly adhered to.

EVENT DATE

RFP Issued July 6, 2026 Pre-Proposal Conference July 22, 2026 Deadline for Submission of Questions and Requests for Clarification by 2:00 PM, E.T. July 29, 2026

Proposal Due Date by 11:00 AM, E.T.> August 12, 2026 Tentative Dates for Oral Interviews/Presentations August 24, 2026

Anticipated Board of Commissioners Meeting Date September 16, 2026

SECTION 2 – INSTRUCTIONS TO PROPOSERS

2.1 PROCUREMENT PROCESS

The procurement will be on a formally advertised basis. All technical requirements, unless otherwise specified, must be met, or be capable of being met by the Proposer or their proposal will be disqualified as being non-responsive.

2.2 CONTRACT DEFINITIONS

In addition to any other terms that may be defined in this solicitation and for purposes of this RFP, the following terms and acronyms have the following meaning:

Acronym or Term Name or Definitions

Addendum Revision to the RFP documents issued by the County prior to the receipt of proposals.

Agreement Refers to the executed contract between the County and Contracting Entity.

Approve

Where used in conjunction with the County’s response to submittals, requests, applications, inquiries, reports and claims, the meaning of the term “approved” shall be held to limitations of the County’s responsibilities and duties as described herein. In no case shall “approval” be interpreted as a release of the PM/CM or other contractors from responsibilities to fulfill the requirements of their Agreements and Contract Documents.

Bid Bond

A bond with good and sufficient surety or sureties for the faithful acceptance of the contract payable to, in favor of, and for the protection of the governmental entity for which the contract is to be awarded.

Calendar Day Every day shown on the calendar.

Change Order

A written order signed by the Owner and Contractor and, stating their agreement upon all of the following: (1) change/modification in the work; (2) the amount of the modification, if any, in the Agreement Price; and (3) the extent of the modification, if any, in the Agreement time.

Construction Manager The person designated as in charge to lead the day-to-day activities to manage the construction management services.

Contract Completion The established completion date(s) set forth in the contract.

Contract Documents

The Contract Documents include the Contract Agreement, Contractor's Bid (including all documentation accompanying the Bid and any post-Bid documentation required by the County prior to the Notice of Award), Bonds, all Special Conditions, General Conditions, Supplementary Conditions, Specifications, Drawings and addenda, together with written amendments, change orders, field orders and the Construction Manager's written interpretations and clarifications issued in accordance with the General Conditions on or after the date of the Contract Agreement.

Shop drawing submittals reviewed in accordance with the General Conditions, geotechnical investigations and soils report and drawings of physical conditions in or relating to existing surface structures at or contiguous to the site are not Contract Documents.

The Contract Documents shall define and describe the complete work to which they relate.

Contractor The selected offeror with whom the County executes the Design/Build Contract.

County Fulton County Government and its authorized representatives

Contact Person Purchasing staff designated by the Fulton County Department of Purchasing and Contract Compliance to submit any questions and suggestions to.

Contractor’s Representative

The Contractor’s executive representative who is present on the work during progress, authorized to receive and fulfill instructions and who shall supervise and direct the construction.

PD/B Team

Shall mean the single corporate entity contractually responsible to the Owner for development of the Project.

The Progressive Design-Builder can be: (1) a firm possessing both design and construction resources in-house; or (2) a construction contractor led team with the architect in a Sub-Contractors role; or (3) a joint venture team between construction contractor and professional engineer.

Design/Build Project The Design/Build work necessary for the D/B Company to meet the obligations of the Design/Build Contract.

Design/Build Contract The entire and integrated agreement between the Count and the D/B Company concerning the Design/Build Project.

Final completion

The date of final completion of the work is the date certified by the Engineer and the Construction Manager when all construction is fully complete, including certification of all punch list items, and when all records documentation and other closeout items required by the Contract Documents have been reviewed and found acceptable by the County.

General Conditions The General Conditions of the Agreement for construction that govern the rights, duties, and obligations of the parties.

Guaranteed Maximum Price (GMP)

The full payment for performance of the work and covers all costs of whatever nature incurred by the Contractor in accomplishing the work in accordance with the provisions of the contract. The contractor is responsible for cost overruns, unless the GMP has been increased via formal change order (only as a result of additional scope request from the County, not price overruns, errors or omissions).

Inspector

An authorized representative of the PM/CM Team assigned to make all necessary inspections of any or all portions of the work performed or being performed, or of the materials furnished or being furnished by the Contractor.

Jobsite Location where construction activity shall be performed under this contract.

Joint Venture (JV)

A contractual agreement joining two or more persons, partnerships, corporations or any combination of business entities partnering as one firm for the purpose of executing a particular project or event. Every entity agrees on percentage of profits, losses and ownership within the organization.

Materials Any substance specified for use in the construction of the contract work.

Modifications Binding changes, addenda, revisions, or the like, to the Work or the Agreement documents, including changes to work made by Change Order or Change Directive

Notice to Proceed (NTP A written notice from the County to the Contractor to begin the actual contract work on a previously agreed date.

Offeror The entity of individual submitting a proposal in response to this RFP.

Owner Fulton County Government

Owner Available Funds

All references in this RFP to “Owner’s Available Funds” shall mean the amount of [Insert Dollar Amount in number and words] which is the maximum amount of money available to the Owner for development of the Project. The actual cost of the project shall not exceed the Owner’s Available Funds.

Owner’s Representative Team

The Owner’s Representative Team shall include staff from the following departments; General Services, Public Works, Risk Management and Purchasing & Contract Compliance.

Payment Bond

A bond with good and sufficient surety or sureties payable to the governmental entity for which the work is to be done and intended for the use and protection of all Sub-Contractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the public works construction contract.

Performance Bond

A bond with good and sufficient surety or sureties for the faithful performance of the contract and to indemnify the governmental entity for any damages occasioned by a failure to perform the same within the prescribed time.

Such bond shall be payable to, in favor of, and for the protection of the governmental entity for which the work is to be done.

Plans

That portion of the Agreement documents describing in drawings, the shapes, outlines, dimensions, characteristics, scope and other similar requirements governing the work, or portions thereof, prepared by the Designer and including revisions thereto. The term is used interchangeably with the word “Drawings” and includes without limitation Standard Details and Drawings.

Project The project is the total construction of the The Friendship Pump Station Progressive Design/Buildunder a design/build contract.

Project Manager (PM) The person designated as in charge to lead the day-to-day activities to manage the project schedules.

Project Management and Construction Team

(PM/CM

The team that is proposed by the Proposer to manage the project in accordance with the scope of work defined in this RFP. After the issuance of the Notice to Proceed (NTP) the team will also include integration of Fulton County staff.

Proposal The document submitted by the offeror in response to this

RFP.

Proposal Bond or Guaranty

The security furnished with the proposal to guarantee that the Offeror will enter into a contract if their proposal is accepted by the County.

Proposer The entity or individual submitting a proposal in response to his RFP.

Request for Proposal

(RFP)

All documents, whether attached or incorporated by reference, utilized for soliciting sealed proposals.

Responsible Offeror A person or entity that has the capability in all respects to perform fully and reliably the contract requirements.

Responsive Offeror A person or entity that has submitted a bid or proposal that conforms in all material respects to the requirements set forth in the invitation for bids or request for proposals.

Scope of Work

All the services specified, indicated, shown, or contemplated by the Contract, and furnishing by the Contractor of all materials, equipment, labor, methods, processes, construction and manufacturing materials and equipment, tools, plants, supplies, power, water, transportation and other things necessary to complete such services in accordance with the Contract.

Subcontractor/Sub- Consultant

An individual, firm, corporation or any combination thereof having a direct contract with Consultant/Contractor for the performance of a part of the work.

Substantial Completion

The date certified by the Engineer when all or part of the work, identified in the Engineer’s certification, is sufficiently completed in accordance with the requirements of the Agreement documents so that the identified portion of the work can be utilized for the purposes for which it is intended.

Work

The services specified, indicated, shown, or contemplated by the Agreement documents and the furnishing by Contractor of all materials, equipment, labor, methods, processes, construction and other things necessary to complete such services in accordance with the Agreement documents and that will ensure a functional and complete facility.

Written Notice A written statement transmitted from one party to an authorized representative of another party. All

2.3 NO CONTACT DURING PROCUREMENT PROCESS

It is the policy of Fulton County that the evaluation and award process for County contracts shall be free from both actual and perceived impropriety, and that contacts between potential vendors and County officials, elected officials and staff regarding pending awards of County contracts shall be prohibited.

A. No person, firm, or business entity, however situated or composed, obtaining a copy of or responding to this solicitation, shall initiate or continue any verbal or written communication regarding this solicitation with any County officer, elected official, employee, or designated County representative, between the date of the issuance of this solicitation and the date of the County Manager’s recommendation to the Board of Commissioners for award of the subject contract, except as may otherwise be specifically authorized and permitted by the terms and conditions of this solicitation.

B. All verbal and written communications initiated by such person, firm, or entity regarding this solicitation, if same are authorized and permitted by the terms and conditions of this solicitation, shall be directed to the Purchasing Agent.

C. Any violation of this prohibition of the initiation or continuation of verbal or written communications with County officers, elected officials, employees, or designated County representatives shall result in a written finding by the Purchasing Agent that the submitted bid or proposal of the person, firm, or entity in violation is “non-responsive”, and same shall not be considered for award.

2.4 CLARIFICATION & ADDENDA

Proposers may submit requests for clarifications or interpretations regarding this RFP and the Contract. Proposers must submit such requests through BidNet Direct for the County’s consideration as set forth in this section of this RFP. While the County has not placed an initial limitation on the number of requests which can be submitted, Proposers are cautioned that if Proposers do not request meaningful clarifications or interpretations in an organized manner (e.g., limited frequency of requests), the County will set restrictions on the frequency and number of requests permitted. The County will not respond to requests, oral or written, received after <Insert Date and Time>, local prevailing time. Proposers are advised that this section places no obligation on the part of the County to respond to any or all requests for clarification or interpretation, and that the County’s failure to respond to any such request will not relieve the Proposer of any obligations or conditions required by this RFP.

All responses to written requests for clarification, interpretation, or additional information will be distributed as addenda to this RFP and posted on BidNet Direct website.

No oral interpretation, instruction, or information concerning this RFP given by any employee or agent of the County shall be binding on the County. Proposers who submit a Proposal in reliance on any such oral information risk having their response to this RFP deemed non-responsive by the County. Only written responses issued by addendum to this RFP should be considered by the Proposers.

During the period provided for the preparation of Proposals, the County may issue addenda to this RFP. These addenda will be numbered consecutively and will be posted on BidNet Direct website. These addenda will be issued by, or on behalf of, the County and will constitute a part of this RFP. Each Proposer is required to acknowledge receipt of each addendum by submitting an executed acknowledgment form. This acknowledgment shall include all addenda distributed prior to the Proposal Submission Date. All responses to this RFP shall be prepared with full consideration of the addenda issued prior to the Proposal Submission Date.

2.5 TERM OF CONTRACT

Example: Contractor shall commence the Work within ten calendar days after receipt of Notice to Proceed and shall substantially complete the Work within two hundred & ten

(210) calendar days from issuance of the Notice to Proceed and finally complete the Work within three hundred calendar (300) days of issuance of the Notice to Proceed.

2.6 PROPOSAL EVALUATION

All proposals will be evaluated using the criteria specified in Section 4 of this RFP. Each proposal will be reviewed to determine whether it has been submitted in accordance with the proposal requirements. Proposals deemed non-responsive will be rejected from further review and the Offeror will be advised in writing.

Proposals deemed responsive will be evaluated based on the evaluation criteria set forth in this RFP. The County will determine which proposals are reasonably susceptible of being selected for award based on the evaluation criteria. The County may also conduct oral presentations/interviews.

Selection will include an analysis of proposals by an Evaluation Committee composed of County personnel who will review the proposal submittals in accordance with the submittal requirements and the evaluation criteria set forth in Section 4 of this RFP. The committee may request oral interviews and/or site visits. The County will determine which proposals are reasonably susceptible of being selected for award based on the evaluation criteria.

Other factors, as detailed in the RFP, will be considered in determining what proposal will be deemed to best meet the needs of Fulton County. Awards will not necessarily be based on cost alone.

2.7 DISQUALIFICATION OF PROPOSERS

The submission of more than one (1) proposal to the County as the primary Proposer or member of a joint venture for the same work by and individual firm, partnership or corporation under the same or different names may be grounds for disqualification of a Proposer and the rejection of the proposal.

2.8 RESERVED RIGHTS

The County reserves the right to accept or reject any and/or all proposals, to waive irregularities and technicalities, and to request resubmission. Any sole response that is received may or may not be rejected by the County depending on available competition and timely needs of the County. There is no obligation on the part of the County to award the contract to the lowest proposer and the County reserves the right to award the contract to the responsible proposers submitting responsive proposals with resulting agreements most advantageous and in the best interest of the County. The County shall be the sole judge of the proposals and the resulting agreements that are in its best interest and its decision shall be final. Also, the County reserves the right to make such investigation as it deems necessary to determine the ability of any proposer to perform the work or service requested. Information the County deems necessary to make this determination shall be provided by the proposer. Such information may include, but shall not be limited to, current financial statements by an independent CPA; verification of availability of personnel; and past performance records.

2.9 APPLICABLE LAWS

All applicable laws and regulations of the State of Georgia and ordinances and regulations of Fulton County shall apply. Protestors shall seek resolution of their complaints in the manner provided in the Fulton County Purchasing Code Section 102-448 which is incorporated by reference herein.

2.10 RISK MANAGEMENT AND INSURANCE REQUIREMENTS

Insurance and Risk Management and Insurance Requirements and are outlined in Section 11 of this RFP.

Upon award, the successful Proposer must obtain at their expense, a Certificate of Insurance (“COI”) with policy limits equal to or greater than the limits outlined in Section 11.

Proof of insurance must be provided to the County prior to the start of any activities/services as described in the bid document(s). Any and all insurance coverage(s) and/or bonds required under the terms and conditions of the contract shall be maintained during the entire term of the contract, including any extensions or renewals thereto, and until all work has been completed to the satisfaction of the County.

2.11 BID AND CONTRACT SECURITY

Progressive Design-Build Bid Bond – Each proposal must be accompanied by a Bid Bond in the amount of five percent (5%) of the Design-Build price and must be submitted with the proposal response. The Bid Bond shall be included in a separate, sealed envelope marked “Bid Bond”. The Bid Bond Form can be found in Section 8 of this RFP.

The bid bond shall apply ONLY TO THIS BID. The project name and contract number must appear on the security instrument. The bond must remain in full force and effect until the Offeror executes the final Contract. Proposals not satisfying the bonding requirements of this project will be declared non-responsive.

Any bid bond, performance bond, payment bond, or security deposit required for public works construction contract shall be approved and filed with the Purchasing Agent. At the option of the County, if the surety named in the bond is other than a surety company authorized by law to do business in this state pursuant to a current certificate of authority to transact surety business by the Commissioner of Insurance, such bond shall not be approved and filed unless such surety is on the United States Department of Treasury’s list of approved bond sureties.

The Purchasing Agent shall approve as to form and as to the solvency of the surety any bid bond, performance bond, or payment bond required by this. In the case of a bid bond, such approval shall be obtained prior to acceptance of the bid or proposal. In the case of payment bonds and performance bonds, such approval shall be obtained prior to the execution of the contract.

Whenever, in the judgment of the County:

(1) Any surety on a bid, performance, or payment bond has become insolvent;

(2) Any corporation surety is no longer certified or approved by the Commissioner of Insurance to do business in the state; or

(3) For any cause there are no longer proper or sufficient sureties on any or all the bonds

The County may require the contractor to strengthen any or all of the bonds or to furnish a new or additional bond or bonds within ten days. Thereupon, if so ordered by the County, all work on the contract shall cease unless such new or additional bond or bonds are furnished. If such bond or bonds are not furnished within such time, the County may terminate the contract and complete the same as the agent of and at the expense of the contractor and his or her sureties.

As a condition of responsiveness the bid must contain a Bid Bond for an amount equal to 5% of the bid amount. A completed and fully executed Bid Bond must be submitted. When the bidder’s package is opened, the purchasing agent will verify the presence of the Bid Bond.

Checks or letters of credit of any type will not be accepted. A certified cashier’s check is acceptable and a copy of the certified cashier’s check must be submitted as bid security.

The original certified check must be presented to the Purchasing representative within 24 hours of the bid opening.

If the bidder withdraws its bid from the competition after the selection of its bid for a reason not authorized by Georgia law, the County will proceed on the Bid Bond, along with any other available remedies.

The Surety of the Bid Bond shall be from a surety company authorized to do business in the State of Georgia, shall be listed in the Department of Treasury Circular 570, and shall have an underwriting limitation in excess of 100% of the bid amount. The Bonds and Surety shall be subject to approval by the County Attorney.

Attorneys-in-fact for bidders who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

2.12 SURETY BONDS

The submission of surety bonds subsequent to the proposal submission shall be:

a. Any surety bond submitted in accordance with the Bid or Agreement requirements must be issued by a corporate surety company satisfactory to the Commission and authorized to act as such in the State of Georgia;

b. Such bonds shall conform to the forms provided with the Bid Documents and be completed in accordance with the instructions thereon; and

c. In accordance with Georgia law, and upon award of the Agreement, separate performance and payment bonds shall be required of the successful Offeror, each in an amount not less than the total amount payable under the Agreement.

The performance bond shall remain in effect for one (1) year after final acceptance of the Work or the guaranty period under the Agreement, whichever is the larger.

The payment bond shall remain in effect for the period required under Georgia law for the payment bonds on public construction agreements. Reference is made to the bond forms and the Agreement Documents for additional particulars of the terms required in the bonds.

In the case of any inconsistency between the Bond Forms and Georgia law, the law shall control. Alterations, extension of the time allowed for performance, extra and additional Work, and other changes authorized under the Agreement may be made without notice to or consent of the surety or sureties.

Payment and Performance Bond Forms can be found in Section 8 of this RFP.

2.13 LIQUIDATED DAMAGES (NOT-APPLICABLE/APPLICABLE)

The performance of the Work within the specified time is essential to the County. The provision which establishes liquidated damages to be paid to the County in the event that the Work is not completed on schedule is located in the General Conditions, Section 00700-96, of the RFP. For each calendar day that any work remains uncompleted after the time allowed for completion of the work, the Contractor shall pay the County the sum of $ 1,000.00 not as a penalty but as liquidated damages, which liquidated damages the County may deduct from any money due the Contractor.

2.14 ACCURACY OF RFP AND RELATED DOCUMENTS

The County assumes no responsibility that the specified technical and background information presented in this RFP, or otherwise distributed or made available during this procurement process, is complete or accurate. Without limiting the generality of the foregoing, the County will not be bound by or be responsible for any explanation or interpretation of the Proposal documents other than those given in writing as an addendum to this RFP.

Should a recipient of this RFP find discrepancies in or omissions from this RFP and related documents, the recipient of this RFP shall immediately notify the Purchasing Contact Person identified in Section 1.11 A written addendum, if necessary, will be made available to each recipient of this RFP.

2.15 RESPONSIBILITY OF PROPOSER

Each Proposer is encouraged to conduct all necessary investigations and review all available and relevant data and information, which are necessary in its judgment in order to assume this responsibility prior to the submittal of its Proposal. Proposers are reminded of Fulton County’s “No Contact During Procurement” policy and shall only contact the person designated by the RFP.

2.16 CONFIDENTIAL INFORMATION

If any Proposal contains technical, financial, or other confidential information that the Proposer believes is exempt from disclosure, the Proposer must clearly label the specific portions sought to be kept confidential and specify on what the exemption is based. The County, at its sole discretion and subject to applicable law, will determine whether such exemption applies. The County has sole discretion to make such determination regarding the disclosure of information, and by responding to this RFP, Proposers waive any challenge to the County’s decisions in this regard. Marking all or substantially all of a Proposal as confidential may result in the Proposer being deemed non-responsive to this

RFP.

Notwithstanding the foregoing, Proposers recognize and agree that the County, its staff, and its Consultants will not be responsible or liable in any way for any losses that the Proposer may suffer from the disclosure of information or materials to third parties.

2.17 COUNTY RIGHTS AND OPTIONS

This RFP constitutes an invitation to submit Proposals to the County. Without limitation or penalty, the County reserves and holds at its sole discretion, the following rights and options:

This RFP does not obligate the County to select, procure or contract for any services whatsoever.

Fulton County reserves the right to award a contract based on this RFP and the proposal(s) received (in whole or in part) to one or several vendors.

The County reserves the right to change or alter the schedule for any events associated with this procurement and, if required, notify the Proposers. A Proposer, by submitting a Proposal, agrees to be bound by any modifications made by the County

All costs incurred by a Proposer in connection with responding to this RFP, the evaluation and selection process undertaken in connection with this procurement, and any negotiations with the County will be borne by the Proposer.

The County reserves the right to reject all Proposals and components thereof to eliminate all Proposers responding to this RFP from further consideration for this procurement, and to notify such Proposers of the County's determination.

The County may cancel this RFP without the substitution of another RFP and terminate this procurement at any time without any liability whatsoever.

The County reserves the right to waive any technicalities or irregularities in the Proposals.

The County reserves the right to eliminate any Proposer who submits incomplete or inadequate responses or is not responsive to the requirements of this RFP.

The County may request Proposers to send representatives to the County for interviews and presentations.

To the extent deemed appropriate by the County, the County may select and enter into discussion and negotiations with the Proposer(s) submitting Proposal(s), which are found to be reasonably susceptible for award.

The County reserves the right to discontinue negotiations with any selected Proposer.

The County reserves the right, without prior notice, to supplement, amend, or otherwise modify this RFP.

All Proposals (other than portions thereof subject to patent or copyright protection) become the property of the County and will not be returned, and the County reserves the right to utilize all such information contained in the Proposals without further cost to the County

The County may add to or delete from the Project Scope of Work set forth in this RFP.

Any and all Proposals not received by the Proposal Submission Date shall be rejected and returned unopened.

Neither the County, its staff, its representatives, nor any of its consultants or attorneys will be liable for any claims or damages resulting from the solicitation, collection, review, or evaluation of responses to this RFP.

The County, including its representatives and consultants, reserves the right to visit and examine any of the facilities referenced in any Proposal and to observe and investigate the operations of such facilities.

By responding to this RFP, Proposers acknowledge and consent to the rights and conditions set forth in this RFP.

2.18 COST OF PROPOSAL PREPARATION AND SELECTION PROCESS

Each Proposal, including preparation of all information required to be included in a Proposal pursuant to this RFP, shall be prepared at the sole cost and expense (including, but not limited to, engineering and legal costs) of the Proposer. In addition, the Proposer shall be solely responsible for all costs (including engineering and legal costs) incurred by such Proposer in connection with this selection process, including any costs incurred by the Proposer in any subsequent negotiations entered into in connection with developing the Proposal. There shall be no claims whatsoever against the County, its staff, or its consultants for reimbursement for the costs or expenses (including, but not limited to, engineering and legal costs) incurred during the preparation of the Proposal or other information required by this RFP or procurement process or in connection with the selection process or any negotiations.

2.19 TERMINATION OF NEGOTIATIONS

The County at its sole discretion may, at any time, to the extent permitted by Applicable Law, exclude a Proposer from further participation in any negotiation process if the County determines that such Proposer is failing to progress in the negotiations or if the terms of its Proposal are less advantageous than those of other Proposers and such Proposer is deemed to be no longer susceptible of selection. The County will give written notice of its decision to the Proposer, which shall be sent in writing, signed by the County.

2.20 WAGE CLAUSE

Pursuant to 102-413, each Contractor shall agree that in the performance of the Contract he will comply with all lawful agreements, if any, which the Contractor had made with any association, union, or other entity, with respect to wages, salaries, and working conditions, so as not to cause inconvenience, picketing, or work stoppage.

2.21 ADDITIONAL OR SUPPLEMENTAL INFORMATION

After receipt of the submittals, the County will evaluate the responses, including the references, financial statements, experience and other data relating to the Respondent’s qualifications. If requested by the Department of Purchasing and Contract Compliance, Respondent’s maybe required to submit additional or supplemental information to determine whether the Respondent meets all of the qualification requirements.

2.22 REPORTING RESPONSIBILITIES

The successful Proposer will report directly to the <Insert job title>, or designated representative.

2.23 GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

This Request for Proposal is subject to the Georgia Security & Immigration Compliance Act. Effective July 1, 2013, bidders and proposers are notified that all bids/proposals for services that are to be physically performed within the State of Georgia must be accompanied by proof of their registration with and continuing and future participation in the E-Verify program established by the United States Department of Homeland Security.

Physical performance of services means any performance…