RFP_0010_25 Sidewalk Design Services.pdf

CITY OF STONECREST

REQUEST FOR PROPOSALS

(RFP)

RFP NO. 0010-25

SIDEWALK DESIGN SERVICES

SOLICITATION ISSUE DATE: Wednesday, September 10, 2025

PROPOSAL DUE DATE: Wednesday, October 22, 2025, BY 3:00 PM EST

BIDNET WILL NOT ACCEPT LATE SUBMITTALS

“Electronic” Submittals Must be uploaded to “Bidnet” https://Bidnetdirect.com/georgia/cityofstonecrest

(Paper, Faxed, E-mail, Mail Submittals Will Not Be Accepted)

ISSUED BY:

City of Stonecrest

Procurement Department 3120 Stonecrest Boulevard

Stonecrest, Ga. 30038 https://bidnetdirect.com/georgia/cityofstonecrest

RFP-1

RFP NO.: RFP-0010-25

Sidewalk Design Services

TABLE OF CONTENT

TITLE PAGE NO.

I. OBJECTIVE 2

II. CITY BACKGROUND INFORMATION 2

III. SCOPE OF SERVICES 3

IV. PROCUREMENT SCHEDULE 12

V. PROCUREMENT PROCESS 13

VI. GENERAL INFORMATION 13

VII. CERTIFICATE OF INSURANCE REQUIREMENTS 15

VIII. GENERAL TERMS AND CONDITIONS 18

IX. SUBMITTAL INSTRUCTIONS AND REQUIREMENTS 31

X. PROPOSAL FORMAT AND CONTENT REQUIREMENTS 32

XI. REQUIRED FORMS 35

XII. EVALUATION AND SELECTION PROCESS 35

XIII. EVALUATION CRITERIA 37

ADDITIONAL ATTACHMENTS AND REQUIRED FORMS:

ATTACHMENT “A” – PROPOSER’S REQUIRED FORMS:

1. PROPOSER CHECKLIST

2. PROPOSER’S CERTIFICATION

3. STATEMENT OF QUALIFICATIONS

4. AUTHORIZED SIGNATORIES

5. PURCHASING POLICY ADDENDUM

6. CONFLICT OF INTEREST DISCLOSURE

7. AFFIDAVIT VERIFICATION STATUS FOR

CITY PUBLIC BENEFIT APPLICATION

8. DRUG-FREE WORKPLACE

9. GEORGIA SECURITY AND IMMIGRATION

COMPLIANCE ACT AFFIDAVIT “E-VERIFY”

10. SUBSERVICE PROVIDER AFFIDAVIT UNDER O.C.G.A. § 13-10-91(B)(3)

11. INDEMNIFICATION CLAUSE

12. NON-COLLUSION STATEMENT

13. VENDOR CERTIFICATION REGARDING

SCRUTINIZED COMPANIES LIST

14. REFERENCES

ATTACHMENT “B” – PRICE PROPOSAL FORM

ATTACHMENT “C” – PROFESSIONAL SERVICE AGREEMENT SAMPLE

RFP-2

The City of Stonecrest (City) invites qualified engineering firms to submit proposals to provide civil engineering design services for sidewalks within City limits in accordance with the terms, conditions, and scope of services in this Request for Proposal (RFP). Proposals will only be considered from proposers that normally engage in providing the type of services specified herein.

Background: A Vibrant Mosaic in the Heart of Georgia nestled in the southeastern corner of DeKalb County, Georgia, lies the young city of Stonecrest. Incorporated in 2017, Stonecrest boasts a vibrant tapestry woven from its diverse community, burgeoning development, and natural beauty. The population as of July 2023 is 60,677, an increase from the April 2020 census of 59,194. Here's a glimpse into what makes this city unique.

Culture: Stonecrest is a melting pot of ethnicities and backgrounds, reflecting the rich diversity of Georgia. Residents of African American, Hispanic, Asian, and Caucasian descent come together, creating a dynamic and inclusive community. This cultural richness is evident in the city's festivals, restaurants, and houses of worship, offering a taste of the world within its borders.

Development: Stonecrest is a city on the move, witnessing rapid growth and development. Modern office buildings, retail centers, and residential communities are springing up, transforming the landscape.

The Stonecrest Mall, a major shopping hub, attracts visitors from across the region. This economic boom promises exciting opportunities for residents and businesses alike.

Natural Beauty: While Stonecrest embraces urban development, it doesn't neglect its natural side. Lush green spaces like the Arabia Mountain Nature Preserve offer hiking trails, stunning vistas, and a chance to connect with nature. The city also boasts several parks and playgrounds, providing recreational havens for families and residents of all ages.

Community: Stonecrest is a city that celebrates its people. Numerous community events and festivals throughout the year bring residents together, fostering a strong sense of belonging.

The existing code can be accessed on the City's web site at;

https://library.municode.com/ga/stonecrest/codes/code_of_ordinances https://library.municode.com/ga/stonecrest/codes/code_of_ordinances

RFP-3

1. Introduction:

The engineering Firm will design sidewalks for Salem Road, Fairington Road (Phase II), Phillips Road, and Iris Drive. The Firm will work with staff in ensuring sidewalks are designed in accordance with Georgia Department of Transportation (GDOT), State and Federal rules and regulations.

2. Scope of Services:

Design services shall include field survey, engineering design, utility coordination, and obtaining Georgia Department of transportation (GDOT) encroachment permit (where applicable). The Firm shall prepare scope of work for construction bid documents, bid schedule, engineering cost estimate, attendance at pre-bid meeting and site visit, responding to questions from potential bidders on construction documents, and responding to requests for information (RFIs) during construction. The City will be providing construction inspection and construction management services.

Note: The City reserves the right to exclude the design of a particular location if it is in the best interest of the City.

Please refer to the GDOT Design Policy Manual for design guidance, see link below:

https://www.dot.ga.gov/partnersmart/designmanuals/designpolicy/gdot-dpm.pdf

3. Deliverables:

1. Construction plans for bid (including plan views, profile views, cross sections, erosion control details, utility plans, and construction details)

2. Specifications

3. Scope of work for bid document

4. Engineering cost estimate

5. GDOT Encroachment Permit (where applicable)

6. Utility coordination before and during construction

4. SALEM ROAD SIDEWALK

The City of Stonecrest is proposing to construct a sidewalk along a section of the north side of Salem Road. The image below shows an aerial view of the new sidewalk (see red line). Beginning and end of new sidewalks will join existing sidewalks.

III. SCOPE OF SERVICES

https://www.dot.ga.gov/partnersmart/designmanuals/designpolicy/gdot-dpm.pdf

RFP-4

4.1 Sidewalk Specifications:

Sidewalk Length: +/- 1,700 Linear Feet (LF) Sidewalk Width: 5 feet - wheelchair accessible with Americans With Disabilities Act (ADA) compliant ramps. Curb and gutter to be extended beside new sidewalk.

Starts: existing sidewalk at 4964 Salem Road Ends: existing sidewalk at 5116 Salem Road Must meet all GDOT standards on grades, slopes, and offset from edge of existing pavement.

Design should preserve drainage of the roadway shoulder area.

https://maps.app.goo.gl/RKw6982RGTnpLzoh7

SIDWALK BEGINS (LEFT SIDE OF ROAD, LOOKING NORTH-EAST)

https://maps.app.goo.gl/LDhpj3prxEHvwyeB6

SIDWALK ENDS (RIGHT SIDE OF ROAD, LOOKING WEST)

https://maps.app.goo.gl/LDhpj3prxEHvwyeB6

RFP-5

5. Fairington Road Sidewalk Phase II:

The City of Stonecrest is proposing to construct a sidewalk along a section of the south side of Fairington Road. The image below shows an aerial view of the new sidewalk (see red line). End of new sidewalk will join existing sidewalks.

5 . 1 Sidewalk Specifications:

Sidewalk Length: +/- 1,300 Linear Feet (LF) Sidewalk Width: 5 feet - wheelchair accessible with Americans With Disabilities Act (ADA) compliant ramps Starts: existing sidewalk at 2568 Fairington Road Ends: existing sidewalk at 5665 Fairington Road Must meet all GDOT standards on grades, slopes, and offset from edge of existing https://maps.app.goo.gl/x3RqGDA8qphzekXQ7

SIDWALK BEGINS (RIGHT SIDE OF ROAD, LOOKING EAST)

https://maps.app.goo.gl/x3RqGDA8qphzekXQ7

RFP-6

https://maps.app.goo.gl/7Y3bWAJDdYPtgASd9

SIDWALK ENDS (RIGHT SIDE OF ROAD, LOOKING EAST)

6. Phillips Road Sidewalk:

The City of Stonecrest is proposing to construct a sidewalk along a section of the east side of Phillips Road. The image below shows an aerial view of the new sidewalk (see red line). Beginning and end of new sidewalk will join existing sidewalks.

https://maps.app.goo.gl/7Y3bWAJDdYPtgASd9

RFP-7

6 . 1 Sidewalk Specifications:

Sidewalk Length: +/- 700 Linear Feet (LF) Sidewalk Width: 5 feet - wheelchair accessible with Americans With Disabilities Act (ADA) compliant ramps Starts: existing sidewalk at 6294 Phillips Court Ends: existing sidewalk at 1850 Phillips Road Must meet all GDOT standards on grades, slopes, and offset from edge of existing https://maps.app.goo.gl/ZSnG28gijmdTeQcm6

SIDWALK BEGINS (RIGHT SIDE OF ROAD, LOOKING NORTH)

https://maps.app.goo.gl/45aWntrP3cSbYB6L7

SIDWALK ENDS (RIGHT SIDE OF ROAD, LOOKING NORTH)

https://maps.app.goo.gl/ZSnG28gijmdTeQcm6 https://maps.app.goo.gl/45aWntrP3cSbYB6L7

RFP-8

7. Iris Drive Sidewalk:

The City of Stonecrest is proposing to construct a sidewalk along a section of the south side of Iris Drive.

The image below shows an aerial view of the new sidewalk (see red line).

7 . 1 Sidewalk Specifications:

Sidewalk Length: +/- 1,300 Linear Feet (LF) Sidewalk Width: 5 feet - wheelchair accessible with Americans With Disabilities Act (ADA) compliant ramps Starts: 8489 I-20 East Access Road, Lithonia, GA 30038 (AKA Iris Drive SW) Ends: 7848 I 20 East Access Road Lithonia, GA 30038 (AKA Iris Drive SW) Must meet all GDOT standards on grades, slopes, and offset from edge of existing

(map link has old photography and does not show current building at location)

RFP-9

SIDWALK BEGINS (RIGHT SIDE OF ROAD, LOOKING SOUTH-EAST)

Photo at left accurately shows the start of the new sidewalk in front of existing storage facility h t t p s : / / m a p s . a p p . g o o . g l / 6 4 e P 8 H i H e r 4 5 h j A m 9

SIDEWALK ENDS (RIGHT SIDE OF ROAD, LOOKING SOUTHEAST)

https://maps.app.goo.gl/64eP8HiHer45hjAm9

RFP-10

The City and Proposers shall adhere to the procurement schedule in all actions concerning this RFP. Estimated dates and times are listed below. Bidnet (www.Bidnetdirect.com/georgia/cityofstonecrest) and the City of Stonecrest Procurement Departments website will be used for notices at https://www.stonecrestga.gov/199/Procurement.

Changes to Procurement Schedule and deadlines: The City may delay or advance schedule due dates, or other procurement schedule dates contained in the RFP, if it is to the advantage of the City to do so. The City will notify Proposers of all changes via the Bidnet (www.Bidnetdirect.com/georgia/cityofstonecrest).

The anticipated schedule and deadlines for this RFP and contract award approval are projected as follows.

• September 10, 2025, through October 22, 2025, Advertisement Period

• October 7, 2025, Deadline for Questions by 5:00 pm

• October 22, 2025, Proposal & Price Proposal Due Date and Time by 3:00 pm Electronic Request for Proposal responses shall be submitted via Bidnet

(www.Bidnetdirect.com/georgia/cityofstonecrest). in PDF searchable format, in response to this RFP.

Proposals will be opened “Electronically” via Bidnet platform

(www.Bidnetdirect.com/georgia/cityofstonecrest).at the date and time indicated above. This meeting will be conducted virtually via “Microsoft Teams” Platform and in person at City Hall, 3120 Stonecrest, Georgia 30038, Lithonia Conference Room. Proposer’s may attend this meeting in person, real time on a computer, laptop, cell phone or any other device with Wi-Fi access. Only the names of Proposer’s will be publicly read.

GET THE APP NOW AND BE READY BEFORE THE MEETING STARTS:

https://www.microsoft.com/en-us/microsoft-teams/downloadapp

Microsoft Teams meeting

Information on bid results and solicitations currently out to bid can be obtained on the City website:

https://www.stonecrestga.gov/199/Procurement

• TBD (October 2025) – Evaluation of Proposal’s received.

• TBD (November 2025) – Recommendation to Award (City Council)

TRANSACTION FEES:

The City of Stonecrest uses Bidnet (https://Bidnetdirect.com/georgia/cityofstonecrest) to distribute solicitations. There is no charge to firm to register and participate in the solicitation process, nor will any fees be charged to the awarded firm.

http://www.bidnetdirect.com/georgia/cityofstonecrest http://www.bidnetdirect.com/georgia/cityofstonecrest http://www.bidnetdirect.com/georgia/cityofstonecrest http://www.bidnetdirect.com/georgia/cityofstonecrest https://www.microsoft.com/en-us/microsoft-teams/downloadapp

RFP-11

Phase 1 – Request for Proposals (RFP): Proposer’s will submit a Proposal in accordance with Section IX – Submittal Instructions and Requirements for Responses and Section XIII – Evaluation Criteria.

• Responsiveness In order to be considered responsive to the solicitation, the RFP response shall fully conform in all material respects to this solicitation and all of its requirements, including all form and substance.

• Responsibility In order to be considered as a responsible Proposer, Proposers shall be fully capable to meet all of the requirements of the solicitation and subsequent contract, must possess the full capability to perform as contractually required, and must be able to fully document the ability to provide good faith performance.

Phase 2 - Oral Presentations: If applicable, Proposers that are short-listed may be invited to participate in Oral Presentations.

Phase 3 – Negotiations: If needed, the City negotiates a contract with the top ranked firm, at a rate of compensation that the City deems fair, competitive, and reasonable. The firm and the City will hold detailed discussions to establish a clear audit scope and the exact services the firm will provide. If an agreement cannot be reached with the first firm, the City will begin negotiations with the second highest ranking firm and so on until an agreement is reached or negotiations are terminated.

Phase 4 – Final Selection: City Council.

The following information and instructions are given for the purpose of guiding proposers in properly preparing their response and are standard for Request for Proposal (RFP) solicitations as issued by the City. The City may delete, modify, and supersede any of these standard instructions for a particular contract or in the line item. It is the Proposer’s sole responsibility to become familiar with the scope of work, City requirements, and systems prior to submitting a proposal.

For information concerning procedures, clarification, and technical assistance pertaining to this solicitation, contact the Procurement staff identified in the solicitation.

City of Stonecrest, Procurement Department ATTN: Tanisha Boynton, Procurement Official 3120 Stonecrest Boulevard, Suite 190

Email:Tboynton@stonecrestga.gov

After thoroughly reading this Request for Proposals (RFP) and attachments, any Proposer in doubt as to the true meaning of any part of the RFP or related documents may submit in writing Via Bidnet under “Message – Opportunity Q&A” at (https://Bidnetdirect.com/georgia/cityofstonecrest). Please follow the instructions provided in Bidnet. The deadline to submit non-administrative questions is Tuesday, October 7, 2025, by 5:00 pm. Answers to questions received will be responded via Bidnet and/or an Addendum posted on Bidnet.

mailto:Tboynton@stonecrestga.gov

RFP-12

• AUTHORIZED SIGNATORIES: All associated forms must be signed by one duly authorized to do so. The individual submitting shall be authorized to sign (electronically accept) this solicitation response on the behalf of the Proposer as indicated in the Certificate as to Corporate Principal, designation letter by Director/Corporate Officer, or other business authorization to bind on the behalf of the Proposer. No Request for Proposals will be accepted, for any reason whatsoever, which is not submitted to the City as stated above, within the specified time.

• ACCEPTANCE OF REQUEST FOR PROPOSALS / MINOR IRREGULARITIES: The City reserves the right to accept or reject any and all Request for Proposals, part of the Request for Proposals and waive minor irregularities or variances to specifications contained in the Request for Proposals, which do not make the Request for Proposals conditional in nature and minor irregularities in the solicitation process. A minor irregularity shall be a variation from the solicitation that does not affect the price of the contract or does not give a Proposer an advantage or benefit not enjoyed by other Proposers, does not adversely impact the interests of other Service Providers or, does not affect the fundamental fairness of the solicitation process. The City also reserves the right to reissue a Request for Proposals. The City reserves the right to disqualify Proposer during any phase of the competitive solicitation process and terminate for cause any resulting contract upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer.

• CHANGES AND ALTERATIONS; Proposer may change or withdraw a Request for Proposals at any time prior to the Request for Proposals submission deadline; however, no oral modifications will be allowed.

Modifications shall not be allowed following the Request for Proposals deadline.

• MATERIAL MODIFICATIONS / ALTERATIONS: Material modification and/or alterations to the verbiage or documents herein made by the Proposer’s is expressly prohibited and is not enforceable.

Modifications and/or alterations may render the Request for Proposals submission void and bar the Proposer from consideration in connection with this solicitation.

RFP-13

INSURANCE REQUIREMENTS:

The successful Proposer or individual entering a resulting contract with the City shall provide, pay for and maintain in full force and affect at all times during the services to be performed insurance as set forth below: (Proof of insurability must be submitted with bid submittal).

Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than:

• $1,000,000 each occurrence

• $2,000,000 annual aggregate for Bodily Injury, Personal Injury, and Advertising Injury

• $1,000,000 per occurrence for Property Damage

• $1,000,000 each occurrence and $2,000,000 project aggregate for Products and Completed Operations

Policy must include coverage for Contractual Liability and Service Providers.

Professional Liability Insurance (Errors and Omissions):

Coverage must be afforded for Wrongful Acts in an amount not less than $1,000,000 each occurrence, and $2,000,000 annual aggregate.

Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident.

If the Service Provider does not own vehicles, the Service Provider shall maintain coverage for Hired and Non- Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy.

Workers’ Compensation and Employer’s Liability Coverage must be afforded per the Worker’s Compensation Act in the State of Georgia, Official Code of Georgia Annotated (O.C.G.A.) Title 34, Chapter 9, as amended. Any Service Provider performing work on behalf of the City must provide Workers’ Compensation insurance in the amount not less than $100,000 per accident. Exceptions and exemptions will be allowed in accordance with the Department of Administrative Services (SPD-SP048, as amended).

The Service Provider and its insurance carrier waives all subrogation rights against the City, a Georgia Municipal Corporation, its officials, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with proper designated code associated with “Waiver of our Right to Recover” from others or equivalent in accordance with Official Code of Georgia (O.C.G.A) Annotated §34-9-9-8 and 34-9- 11.1.

Service Provider must be in compliance with all applicable State and federal workers’ compensation laws, including the U.S. Longshore and Harbor Workers’ Compensation Act or Jones Act, if applicable.

For any Service Provider who has exempt status as an individual, the City requires proof of Workers’ Compensation insurance coverage for that Service Provider’s employees, leased employees, volunteers, and any workers performing work in execution of this Contract.

RFP-14

If the Service Provider has applied for a workers’ compensation exemption, the City does not recognize this exemption to extend to the employees of the Service Provider. The Service Provider is required to provide proof of coverage for their employees, leased employees, volunteers and any workers performing work in execution of this Contract. This applies to all Service Providers including but not limited to the construction industry.

Insurance Certificate Requirements

a. The Service Provider shall provide the City with valid Certificates of Insurance (binders are unacceptable) no later than thirty (30) days prior to the start of work contemplated in this Contract.

b. The Service Provider shall provide a Certificate of Insurance to the City with a thirty (30) day notice of cancellation; ten (10) days’ notice if cancellation is for nonpayment of premium.

c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Service Provider to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder.

d. In the event the Contract term goes beyond the expiration date of the insurance policy, the Service Provider shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Contract until this requirement is met.

e. The certificate shall indicate if coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made form, the certificate will show a retroactive date, which should be the same date of the initial contract or prior.

f. The City shall be named as an Additional Insured on all liability policies, with the exception of Workers’ Compensation.

g. The City shall be granted a Waiver of Subrogation on the Service Provider’s Workers’ Compensation insurance policy.

h. The Contract, Bid/Contract number, event dates, or other identifying reference must be listed on the certificate.

The Certificate Holder should read as follows:

3120 Stonecrest Blvd., Suite 190 Stonecrest, Ga. 30038

The Service Provider has the sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Service Provider’s expense.

If the Service Provider’s primary insurance policy/policies do not meet the minimum requirements, as set forth in this Contract, the Service Provider may provide an Umbrella/Excess insurance policy to comply with this requirement.

The Service Provider’s insurance coverage shall be primary insurance as respects to the City, a political subdivision of the State of Georgia, its officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees, or volunteers shall be excess of Service Provider’s insurance and shall be non-contributory.

Any exclusions or provisions in the insurance maintained by the Service Provider that excludes coverage for work contemplated in this Contract shall be deemed unacceptable and shall be considered breach of contract.

RFP-15

All required insurance policies must be maintained until the contract work has been accepted by the City, and/or this Contract is terminated. Any lapse in coverage shall be considered breach of contract. In addition, Service Provider must provide confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Contract. The City reserves the right to review, at any time, coverage forms and limits of Firm’s insurance policies.

All notices of any claim/accident (occurrences) associated with this Contract, shall be provided to the Firm’s insurance company and the Procurement Department as soon as practical.

It is the Service Provider's responsibility to ensure that all independent and subcontractor comply with these insurance requirements. All coverages for Service Provider and subcontractor shall be subject to all of the requirements stated herein. Any and all deficiencies are the responsibility of the Firm.

NOTE: SOLICITATION NUMBER AND PROJECT DESCRIPTION MUST APPEAR ON EACH

CERTIFICATE, AND THE CITY OF STONECREST MUST BE NAMED ON THE CERTIFICATE

AS AN “ADDITIONAL INSURED” ON GENERAL LIABILITY POLICIES.

A Sample Insurance Certificate shall be included with the bid response to demonstrate the firm’s ability to comply with insurance requirements. Provide a previous certificate or other evidence listing the insurance companies’ names for all required coverage, and the dollar amounts of the coverage.

Misrepresentation of any material fact, whether intentional or not, regarding the Service Provider’s insurance coverage, policies or capabilities may be grounds for rejection of the bid response and rescission of any resulting.

Evidence of ability to obtain appropriate insurance coverage shall be provided in each bid. All policies shall be endorsed to provide sixty (60) days prior written notice of cancellation, non-renewal or reduction in coverage or limits to:

Attn: Procurement Department 120 Stonecrest Blvd., Suite 190

Email: Procurement@stonecrestga.gov mailto:Procurement@stonecrestga.gov

RFP-16

The following instructions, general terms and conditions are given for the purpose of guiding Proposer’s in properly preparing their proposal. These directions have equal force and weight with the scope of services and strict compliance is required with all of these provisions.

1. ADDENDUMS AND INTERPRETATIONS: The City reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must: addendum is issued, Proposer must follow the instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Proposer to monitor the solicitation for any changing information, prior to submitting their proposal.

No interpretations of the meaning of the plans, specifications, scope of work, scope of services or other contract documents will be made orally to any Proposer. Proposers must request such interpretation in writing as instructed in the RFP solicitation package. To be considered, such request must be received by the Questions and Answers deadline as indicated on Page RFP-12 of this solicitation package and on Bidnet (https://Bidnetdirect.com/georgia/cityofstonecrest). Questions received after this time will not be answered.

2. ASSIGNMENT, SUBCONTRACT: Proposer shall not transfer, convey, pledge, subcontract or assign the performance required by this solicitation without the prior written consent of the Procurement Official. Any award issued pursuant to this solicitation and the monies, which may become due hereunder, are not assignable, transferrable, or otherwise disposable except with the prior written consent of the Procurement Official.

3. AWARD OF CONTRACT: A Contract may be awarded by the City Council. The City Council reserves the right to execute or not execute, as applicable, a contract with the Proposer(s) that is determined to be in the City’s best interests.

The Proposer understands that this RFP does not constitute an offer or an Agreement with the Proposer. An offer or Agreement shall not be deemed to exist and is not binding until Proposal are reviewed, accepted by appointed staff, the best Proposal has been identified, approved by the appropriate level of authority within the City and executed by all parties.

This solicitation and Proposer’s Proposal shall be included and incorporated in the final award. The order of contractual precedence will be the Contract or Agreement document, original Terms and Conditions, Proposer response. Any and all legal actions necessary to enforce the award will be held in Dekalb County and the contractual obligations will be interpreted according to the laws of Georgia.

4. CITY RESERVED RIGHTS: In connection with this solicitation, the City reserves all rights (which rights shall be exercisable by the City at its sole discretion) available to it under applicable law, including without limitation, with or without cause, and with or without notice, the right to:

a) Cancel this RFP and may re-solicit and re-advertise the RFP.

b) Reject any non-responsive proposal.

c) Waive non-material technical variances or minor irregularities in the proposal(s).

d) Reject any and all proposals in whole or part, at any time prior to the execution of an Agreement, without incurring any cost obligations or liabilities, for good cause when it is in the best interests of the City.

RFP-17

e) Proceed with the project in any manner that the City, at its sole discretion, deems necessary.

If the City is unable to agree with the highest ranked Proposer or does not negotiate and execute satisfactory Agreement with the highest ranked Proposer, the City may negotiate with the next highest ranked Proposer, terminate this procurement and pursue other development or solicitations relating to the project, or exercise such other rights under the provisions of State law as it deems appropriate.

f) Select the Proposal or portions thereof and the Proposer(s) that are determined to be in the best interests of the City.

g) Postpone selection.

h) Issue addenda, supplements and modifications to this RFP or any subsequent RFP.

i) Seek or obtain data and/or information from any source that has the potential to improve the understanding and evaluation of the responses to this RFP.

j) Request clarification from the Proposer(s) during the evaluation phases.

k) Exercise any other rights reserved or afforded by the City under this RFP or subsequent RFP and applicable law, including waiving deficiencies in a Proposal or accept and review a non-conforming Proposal; provided that, such deficiency or non-conformance is not material in nature. The City assumes no obligations, responsibilities, and liabilities, fiscal or otherwise, to reimburse all or part of the costs incurred or alleged to have been incurred by parties considering a response to and/or responding to this RFP, or any subsequent RFP. All such costs shall be borne solely by each Proposer.

l) Obtain best and final offers from each Proposers after submission and prior to award.

In no event shall the City be bound by, or liable for, any obligations with respect to the contemplated Agreements until such time (if at all) as the Agreements, in form and substance satisfactory to the City, have been executed by the City and have become effective, and then, only to the extent set forth in the Agreements.

The City may exercise any of the foregoing at any time without notice to any party and without liability to any responding Proposer or to any other party for its costs or expenses incurred in connection with this RFP or otherwise. Submittals and responses to this RFP will be prepared at the sole cost and expense of the Proposer. Submittals and other materials submitted will not be returned.

5. CODE REQUIREMENTS: The Proposer and his or her subcontractors on this project must be familiar with all applicable Federal, State, City, and Local Laws, Regulations or Codes and be governed accordingly as they will apply to this solicitation.

6. CONE OF SILENCE: In accordance with the State of Georgia Purchasing Act, the City prohibits any communication, except written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between any person’s representative seeking award from such competitive solicitation; and any City Council person or legislative staff, or any City employee authorized to act on behalf of the City Council to award a contract under this Bid.

The Cone of Silence shall be in effect as of the date the solicitation has been released and advertised, bids or other response to this competitive solicitation and shall remain in effect and subject to the terms of this section for any person or person’s representative.

The provisions of this division shall not apply to oral communications at any public proceeding, including pre-bid conference, oral presentations before selection committees, and contract negotiations during any public meetings, presentations made to the City Council and protest hearings. Further, the Cone of Silence shall not

RFP-18

apply to contract negotiations between any employee and the intended awardees, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, City Council, or selection committee member, unless specifically prohibited by the applicable competitive solicitation process.

The cone of silence shall terminate at the time the City Council, awards or approves a contract, rejects all bids or responses or otherwise take action which ends the solicitation process.

Any Contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable.

7. CONFLICT OF INTEREST: All Proposer’s MUST disclose with their Proposal the name of any officer, director, agent, or any relative of an officer, director or agent who is also an employee of the City. Further, all Proposer’s must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Proposer’s firm or any of its subsidiaries.

8. CONFIDENTIAL, PROPRIETARY OR TRADE SECRET: "If a supplier considers any portion of the documents, data, or records submitted in response to this solicitation to be exempt from disclosure under Georgia law, the supplier must clearly redact in a separate redacted copy each such submission or portions of the submission considered to be excluded from disclosure and specify the statutory exemption justifying such exclusion, i.e., code section Official Code of Georgia Annotated (OCGA) § 50-18-72(20)(A) 'Records that reveal ...'

"Wholesale designation of a response or substantial parts of a response as 'confidential' will not be accepted by the City. If only portions of a page are subject to some disclosure, the supplier should not redact the entire page. Please note: Even though information, financial or other, submitted by a supplier may be marked as 'confidential or 'proprietary,' the City will make its own determination regarding which information may or may not be withheld, redacted, from disclosure."

9. CONTINGENCY FEES: By submission of this solicitation response, Proposer certifies that no contingency fees (sometimes known as a finder’s fee) have been paid to any person or organization other than a bona-fide employee working solely for the Proposer to secure a contract made pursuant to this solicitation.

Violation of this policy may result in termination of any resultant contract and/or possible debarment of the Proposer.

10. CONTRACT COORDINATOR: The City may designate a Contract Administrator whose principal duties shall be:

• Liaison with Proposer.

• Coordinate and approve all work under the contract.

• Resolve any disputes.

• Assure consistency and quality of Proposer’s performance.

• Schedule and conduct Proposer performance evaluations and document findings.

• Review and approve for payment all invoices for work performed or items delivered.

11. CONTRACT PERIOD: The period of service shall commence upon execution of the Contract and continue for a period of Twenty-Four (24) months, unless otherwise terminated as provided in the resulting Contract.

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12. DEBARRED OR SUSPENDED: The Proposer(s) certifies, by submitting of a Proposal in response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any state, local, or federal department or agency.

In accordance with Georgia State Financing and Investment Commission (GSFIC), as amended, “A contractor that has been declared in default or a contractor that is owned or controlled by the same person(s), firm(s), or corporations(s) or is a parent, subsidiary, branch, or affiliate of a contractor that has been declared in default, shall not be eligible for award of an additional contract until the default has been cured. Contracts provide that a Contractor that fails to meet the Final Completion Date is ineligible for award of contract under certain circumstances. Entities listed as “Ineligible” on the Debarred, Suspended or Ineligible Entities List include those entities that are currently in default under the terms of a contract with GSFIC and those entities that are ineligible pursuant to a contract provision or agreement. This also applies to Contractor’s debarred and/or suspended by the City.

13. DRUG-FREE WORKPLACE: Preference shall be given to a business with Drug-Free Work Place (DFW) programs. Whenever two or more proposals, which are equal with respect to price, quality, and service, are received by the City for the procurement of professional services, a Proposal received from a business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process.

14. DUN & BRADSTREET REPORT REQUIREMENT: The City may review the Proposer(s) rating and payment performance to assist in determining a Proposer’s responsibility when being evaluated for a contract award.

15. EQUAL EMPLOYMENT OPPORTUNITY: No Contractor shall discriminate against any employee or applicant for employment because of race, religion, age, color, sex or national origin, sexual orientation, marital status, political affiliation, disability, or physical or mental handicap if qualified. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, age, color, sex or national origin, sexual orientation, marital status, political affiliation, disability, or physical or mental handicap. Such actions shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection of training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this non- discrimination clause.

The Contractor selected to perform work on a City project must include the foregoing or similar language in its contracts with any subcontractors or sub consultants, except that any project assisted by U.S. Department of Transportation funds shall comply with the non-discrimination requirements in Title 49 C.F.R. Parts 23 and 26.

The subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. Failure to comply with above requirements is a material breach of the contract and may result in the termination of this contract or such other remedy as the deems appropriate.

16. GOVERNMENTAL RESTRICTION: In the event that any governmental restrictions are imposed which would necessitate alteration of the performance of the services offered in this RFP prior to delivery, it shall be the responsibility of the Proposer to notify the City at once. The City reserves the right to accept the alteration or to cancel the contract at no expense to the City.

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17. SERVICE PROVIDER RELATIONSHIP: The successful Proposer is, and shall be, in the performance of all work, services, and activities under this Contract, a Service Provider and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed pursuant to this contract shall at all times, and in all places, be subject to the successful Proposer’s sole direction, supervision, and control. The successful Proposer shall exercise control over the means and manner in which it and its employees perform the work and, in all respects, the successful Proposer’s relationship, and the relationship of its employees, to the City shall be that of a Service Provider and not as employees or agents of the City.

18. INDEMNIFICATION: Service Provider shall indemnify and hold harmless the City, and the members (including, without limitation, members of the City’s Council, and members of the boards and of the City), officers, agents, representative and employees of each, from damages, losses, or expenses to the extent caused by or resulting from the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Service Provider in the performance of the contract.

In addition to indemnification provisions stated above, if the City’s use of any service, software, firmware, programming, or other item provided by or on behalf of the Service Provider is enjoined due to infringement of another person or entity’s intellectual property rights, the Service Provider shall promptly, at its sole cost and expense, modify the infringing item so that it no longer infringes, procure for the City the legal right to continue using the infringing item, or procure for the City a non-infringing item, or procure for the City a non-infringing replacement item having equal or greater functional capabilities as the infringing item.

The Service Provider shall assume all responsibility for loss caused by neglect or violation of any state, federal, municipal or agency law, rule, regulation or order. The Service Provider shall give to the proper authorities all required notices relation to its performance, obtain all official permits and licenses, and pay all proper fees and taxes. It shall promptly undertake proper monetary restitution with respect to any injury that may occur to any building, structure or utility in consequence of its work. The Service Provider will notify the City in writing of any claim made or suit instituted against the Service Provider because of its activities in performance of the Contract.

No recourse under or upon any obligation, covenant or Contract contained in this Contract, or any other Contract or document pertaining to the work or services of the Service Provider hereunder, as such may from time to time be altered or amended in accordance with the provisions hereof, or any judgment obtained against the City, or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any statute or otherwise, under or independent of this Contract, shall be had against any member (including without limitation members of the City’s Council, or members of the citizens advisory committees of each), any officer, employee representative or agent, as such, past, present, or future of the City, either directly or through the City or otherwise for any claim arising out of or in connection with this Contract or the work or services conducted pursuant to it, or for any sum that may be due and unpaid by the City. Any and all personal liability of every nature, whether at common law or in equity, or by statue or by constitution or otherwise, of any such member, officer, employee, representative or agent, as such, to respond by reason of any act or omission on his or her part or otherwise for any claim arising out of or in connection with this Contract or the work or services conducted pursuant to it, or for the payment for or to the City, or any receiver therefore or otherwise, or any sum that may remain due and unpaid by the City, is expressly waived and released as a condition of and in consideration of the execution of this Contract and the promises made to the Service Provider pursuant to this Contract.

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In any and all claims against the City, or any of their officers, members, agents, representatives, servants or employees, by any employee of the Service Provider, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation of the Service Provider under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefit payable by or for the Service Provider or any subcontractor under Workers’ Compensation Acts, disability benefit acts or other employee benefit acts.

No provisions of this Section herein shall be construed to negate, abridge, or otherwise reduce any other right of indemnity that the City may have as to any party or person described therein.

19. INCONSISTENCIES: Any seeming inconsistency between different provisions of the plans, specifications, RFP or contract, or any point requiring explanation must be inquired into by the Proposer, in writing, at least ten (10) days prior to the date and time set for opening Proposal responses See page RFP-4 of this solicitation package. After Proposal(s) are opened, the Proposer’s shall abide by the decision of the City as to such interpretation.

20. INSURANCE: Proposer(s) shall provide and shall require all of its subcontractors to provide, pay for, and maintain in force at all times during the term of the Contract, such insurance, including Commercial General Liability Insurance, Professional Liability Insurance, Business Automobile Liability Insurance, Workers’ Compensation Insurance, Employer’s Liability Insurance, and Umbrella/Excess Liability, as stated on Page RFP-8. Such policy or policies shall be issued by companies authorized to do business in the State of Georgia and having agents upon whom service of process may be made in the State of Georgia.

21. JURISDICTION, VENUE, WAIVER OF JURY TRIAL: The contract shall be interpreted and construed in accordance with and governed by the laws of the State of Georgia. Any controversies or legal problems arising out of the contract and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State Courts of the Superior Court in Dekalb County. The City of Stonecrest, Georgia, the venue situs, and shall be governed by the laws of the State of Georgia. By entering into this contract, Service Provider and hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this contract. If any party demands a jury trial in a lawsuit arising out of the contract and fails to withdraw the request after written notice by the other party, the party making the request for jury trial shall be liable for the reasonable attorneys’ fees and costs of the party contesting the request for jury trial.

22. LEGAL REQUIREMENTS: Proposers are required to comply with all provisions of Federal, State, County, local laws, RFP and ordinances, rules and regulations and any City rules, that are applicable to the items being solicited. Lack of knowledge by the Proposer shall in no way be a cause for relief from responsibility or constitute a cognizable defense against the legal effect thereof.

23. LOBBYING ACTIVITIES: ALL PROPOSER’S PLEASE NOTE: Any contractor submitting a response to this solicitation must comply, with the State Purchasing Act and Official Code of Georgia Annotated (O.C.G.A.)

Section 50-5-50 et seq) and State of Georgia Lobbying Rule 111-1-2 and applicable rules, policies and laws GA R&R - GAC - Subject 111-1-2 VENDOR RELATIONSHIPS.

24. LOCAL BUSINESS TAX RECEIPT REQUIREMENTS: All Contractor(s) maintaining a business address within Dekalb County and City of Stonecrest must have a current Dekalb County and City Local Business Tax Receipt issued by the Dekalb County Records, Taxes and Treasury Division prior to recommendation for award.

Failure to do so may result in your solicitation response being deemed non-responsive. For further information https://rules.sos.state.ga.us/gac/111-1-2 https://rules.sos.state.ga.us/gac/111-1-2

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on obtaining or renewing your company’s/firm’s Local Business Tax Receipt, contact the Dekalb County Tax Commissioner Office at (404) 371-2000 and City of Stonecrest at (770) 224-0200.

25. MISTAKES: The Proposer shall examine this RFP carefully. The submission of a Proposal shall be prima facie evidence that the consultant has full knowledge of the scope, nature, and quality of the work to be performed;

the detailed requirements of the specifications; and the conditions under which the work is to be performed.

Ignorance of the requirements will not relieve the consultant from liability and obligations under the Contract.

26. NON-COLLUSION STATEMENT: By signing its Proposal, the Proposer certifies that its proposal is made independently and free from collusion. Proposer shall complete and submit the Non-Collusion Affidavit Form located in Attachment “A” – Proposer’s Required Forms, to their best knowledge, any City officer or employee, or any relative of any such officer or employee as defined in O.C.G.A Section 50-5-67 and State of Georgia Purchasing Act, who is an officer or director of, or has a material interest in, the supplier's business, who is in a position to influence this procurement. Any City officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if he/she directly or indirectly owns more than five percent (5%) of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this Proposer.

Failure of a Proposer to disclose any relationship described herein shall be reason for debarment in…