RFP 24_26 IDIQ07112024.pdf

City of South Fulton

REQUEST FOR PROPOSAL (RFP) NUMBER 24-26

INDEFINITE QUANTITY CONSTRUCTION CONTRACT

ISSUED DATE: July 11, 2024

Lindell Y. Miller, CPPO, MBA, Purchasing Department 4715 Frederick Dr. SW Atlanta, GA 30336

REQUEST FOR PROPOSAL (RFP) NO. 24-26

TABLE OF CONTENTS

1. INFORMATION AND INSTRUCTIONS TO PROPONENTS

2. INTRODUCTION

3. SCOPE OF SERVICES

4. MINIMUM REQUIREMENTS

5. EVALUATION PROCESS

6. APPENDICES

Appendix A – Bonding and Insurance Requirements Appendix B – Required Form Submittals Appendix C – Required Content of Proposal

7. ATTACHMENTS

Attachment A – Scope of Services Attachment B – Draft City Contract

THIS PROPOSAL SOLICITATION FORM

MUST BE SIGNED AND SUBMITTED WITH PROPOSAL

COMPANY NAME: DATE:

MAILING ADDRESS: PHONE:

CITY: FAX:

STATE: ZIP: SSN OR FEDERAL TAX ID#:

EMAIL: TITLE OF AUTHORIZED REPRESENTATIVE:

PRINTED NAME: AUTHORIZED SIGNATURE:

CITY OF SOUTH FULTON

REQUEST FOR PROPOSAL NUMBER 24-26

Indefinite Quantity Construction Contract

The City of South Fulton, (hereafter referred to as “the City), is issuing this Request for Proposal (“RFP”) from interested and qualified firms to provide Indefinite Quantity Construction Contract services. This RFP aims to establish a group of indefinite quantity construction contracts that the City of South Fulton (COSF) may access to complete repair, maintenance, renovations, and minor new construction projects at competitively solicited prices. The Contractors will perform an ongoing series of individual projects for the COSF at city-owned, rented, and leased facilities, primarily within the city limits, on an as needed basis by approved Task Orders.

The City of South Fulton’s (COSF) Purchasing Department is soliciting submissions from the Bidder to provide Indefinite Quantity Construction Contract services for the City of South Fulton as specified in this RFP, Attachment A: Scope of Services (SOS), and any additional specifications, general requirements, project specific special provisions, special conditions or other Contract document attached hereto and incorporated herein by reference.

All qualification submittals will be evaluated in accordance with the applicable City of South Fulton rules, regulations, and laws. Evaluation of firms submitting statements of qualification for this project will be based on qualifications, experience, and performance on past projects, along with references.

Solicitation Method: This solicitation is being conducted in accordance with all applicable provisions of the City of South Fulton Purchasing Policy codified in Sec. 1-9001 et seq. of the City of South Fulton Code of Ordinances. By submitting a Proposal in reference to this solicitation, a Proponent acknowledges that it is familiar with all laws applicable to this solicitation, including, but not limited to, the City’s Code of Ordinances, Protest guidelines, which laws are incorporated into this RFP by reference.

Minimum Qualifications: In addition to meeting all other requirements of this RFP, all responding Proposers shall furnish verifiable evidence that their firm and personnel, at a minimum, meet the following qualifications.

a. Proposer must already possess or be able to obtain a business license from the City prior to execution of the License and be licensed to do business within the State of Georgia.

b. Proposer has completed at least five (5) years of similar work with verifiable references.

Certificate of Authority to Transact Business in Georgia: Each Proponent must submit documentation that demonstrates it is duly authorized to conduct business in the State of Georgia with its proposal. This requirement also applies to Joint Venture (JV) Team Members, Sub- Consultants and Sub-Contractors.

Business License: Proponent is requested to submit a copy of its current, valid business license with its Proposal. If the Proponent is a Georgia corporation, Proponent is requested to submit a valid City or city business license. If Proponent is a joint venture, Proponent is requested to submit valid business licenses for each member of the joint venture. If the Proponent is not a Georgia corporation, Proponent is requested to submit a Certificate of Authority to Transact Business in the State of Georgia and a copy of its current, valid business license issued by its home jurisdiction.

Professional License: Proponent must attach a copy of any professional license required by this RFP with its response.

No Offer by City and Firm Offer by Proponent: This solicitation does not constitute an offer by City to enter into an agreement and cannot be accepted by any Proponent to form a Contract. This solicitation is only an invitation for offers from interested Proponents and no offer shall bind City.

A Proponent’s offer is a firm offer and may not be withdrawn except as provided in this RFP, and in the City’s Code of Ordinances and other applicable law.

Proposal Duration: Proposals submitted in response to this RFP must be valid for a period of One Hundred and Twenty (120) calendar days from the Proposal Submission Deadline and must be marked as such.

Proposal Submission Deadline: Responses to this RFP will be accepted online at https://www.bidnetdirect.com/georgia/cityofsouthfulton on Monday, August 12, 2 0 2 4 , by 3:00 PM, Eastern Time (ET).

Teams Meeting ID: 235 425 999 510 Passcode: e3hbGY Dial in by phone +1 929-583-6155,,713 574 847# United States, New York City Phone Conference ID: 713 574 847#

Non-Mandatory Pre-Proposal Conference: A Non-Mandatory Pre-Proposal Conference has been scheduled for T h u r s d a y , J u l y 1 8 , 2 0 2 4 , at 10:00 AM., ET., and will be hosted virtually by our staff and responsible person(s).

Teams Meeting ID: 217 895 728 332 Passcode: 9HKRs7 Dial in by phone +1 929-583-6155,,928070060# United States, New York City Phone Conference ID: 928 070 060#

Attendance at the Pre-Proposal Conference is voluntary for Proponents responding to this RFP;

however, Proponents are encouraged to attend. During the Pre-Proposal Conference, the general requirements of the project will be discussed. Any questions during the Pre-Proposal Conference will not be authoritative. Each Proponent must be fully informed regarding all existing and expected conditions and matters, which might affect the cost or performance of the Services. It should be emphasized, however, that nothing stating or discussed during the court of this Pre- Proposal conference shall be considered to modify, alter, or change the requirement of the solicitation documents, unless it shall be subsequently incorporated into an addendum to the solicitation documents.

Solicitation Questions/Prohibited Contacts: Any questions and communications regarding this RFP shall be submitted in writing by logging into https://www.bidnetdirect.com/georgia/cityofsouthfulton on or before Tuesday, July 23, 2024 by 3:00 PM., ET. Questions received after the designated period may not be considered. Any response made by the City will be posted online at https://www.bidnetdirect.com/georgia/cityofsouthfulton by addendum. No Proponent may rely on any verbal response to any question submitted concerning this RFP.

SOLICITATION EVENTS

EVENT

DATE

Request For Proposal Release Date

Thursday, July 11, 2024

Non-Mandatory Pre-Bid

Thursday, July 18, 2024 at 10:00 AM

Last Day for Questions to be Submitted Tuesday, July 23, 2024 at 3:00 PM

RFP Submittal Due Date Monday, August 12, 2024 at 3:00 PM

Presentations

TBA

INFORMATION AND INSTRUCTIONS TO PROPONENTS

1. All Proponents, and/or representatives of Proponents, seeking an award of a City of South Fulton Contract may not initiate or continue any verbal or written communications regarding a solicitation with any City officer, elected official, employee or other City representative other than the Purchasing Department employee named in the solicitation, between the date of the issuance of the solicitation and the date of the final Contract award by the City Council, unless specified otherwise herein. Attempting to influence the outcome of any given Contract prior to a recommendation of award to the City Council is strictly prohibited. The Director of Purchasing will review alleged violations of this prohibition. If the Director of Purchasing determines that such a communication has compromised the competitive process, the proposal submitted by that Proponent may be disqualified from consideration for award, and that Proponent may, among other things, be placed on the ineligible source list. Violations of this prohibition may also be subject to prosecution under federal, state, or local laws. City of South Fulton employees, officials, and their family members are prohibited from seeking, requesting, or receiving any material payment, gift, job offer, security, promise of future benefit, or any other tangible or intangible thing of value when such receipt has the potential to influence a procurement decision or to gain unfair advantage in a procurement competition, and as outlined in Sec. 1-9004(d) of the City of South Fulton Code of Ordinances and all other applicable policies.

2. Ownership of Proposals: Each Proposal submitted to the City will become the property of the City, without compensation to a Proponent, for the City’s use, in its discretion. The City shall not be liable for any proposal preparation costs incurred by Proponents.

3. Georgia Open Records Act: Information provided to the City is subject to disclosure under the Georgia Open Records Act, O.C.G.A. § 50-18-70 et. seq. Pursuant to O.C.G.A.

§ 50-18-72(a)(34), “[a]n entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 [O.C.G.A. § 10-1-760 et seq.]”.

4. Bonding and Insurance Requirements: The Bonding and Insurance requirements for any Contract that may be awarded pursuant to this RFP are set forth in Appendix A: Bonding and Insurance Requirements. Proponent must provide a copy of a current certificate of insurance evidencing any existing commercial general liability policies issued for Proponent, if any. For purposes of this section, “Proponent” shall mean an individual, corporation or other corporate entity submitting a proposal in connection with this solicitation, including each Joint Venture partner if Proponent is a Joint Venture.

5. Evaluation of Financial Information: The City’s evaluation of financial information concerning a Proponent and its consideration of such information in determining whether a Proponent is responsive and responsible may involve a review of several items of information required to be included in a Proposal. The City will review the Financial Information disclosed by Proponent and attached to this RFP. Further, if this RFP requires a successful Proponent that is awarded a Contract pursuant to this solicitation to post some type of performance guarantee (e.g. letter of credit, guaranty agreement, etc.), a Proponent must submit with its Proposal a notarized letter from an appropriate financial institution indicating that it is willing to issue such a performance guarantee for the Proponent if a Contract is awarded to it.

6. Sub-Consultants and Manufacturers: Proponents are required to submit, in writing, the addresses of any proposed Sub-Consultants or equipment manufacturers listed in the Proposal and may be required to submit other material information relative to proposed Sub-Consultants. The City reserves the right to disapprove any proposed Sub-Consultants whose technical or financial ability, or resources, or experience are deemed inadequate.

7. Examination of Proposal Documents:

7.1 Each Proponent is responsible for examining with appropriate care the complete RFP and all Addenda and for informing itself with respect to all conditions which might in any way affect the cost or the performance of any Services. Failure to do so will be at the sole risk of the Proponent, who is deemed to have included all costs for performance of the Services in its Proposal.

7.2 Each Proponent shall promptly notify the City in writing should the Proponent find discrepancies, errors, ambiguities or omissions in the solicitation documents, or should their intent or meaning appear unclear or ambiguous, or should any other question arise relative to the RFP. Replies to such notices may be made in the form of an addendum to the RFP, which will be issued simultaneously to all potential Proponents. No oral responses are binding on the City.

7.3 The City may in accordance with applicable law, by Addendum, modify any provision or part of the RFP at any time prior to the Proposal due date and time.

7.4 Each Proponent must confirm all Addenda has been received and acknowledge receipt by executing the Acknowledgment of Addenda form provided with each Addendum.

7.5 The City may waive any technicalities and formalities in this solicitation.

Additionally, the City reserves the right to cancel the RFP in its entirety.

7.6 If/when there is an error in extension prices, the unit prices, when available, shall govern.

8. Oral Presentations/Interviews: Responsive Proponents may be required to make an oral presentation of their proposed solution to the City’s Evaluation Committee.

Representatives of the Key Personnel as identified in the Proponent’s proposal, and those with decision-making ability and authority speak on behalf of and to bind the Proponent, must be active participants in the oral presentation. If required, the city will notify responsive Proponents of the date, time and location for the presentation, and will supply an agenda or topics for discussion.

The City reserves the right to negotiate the fee and/or Scope of Services with the highest ranked Proposer. If negotiations cannot be completed successfully, then the City reserves the right to negotiate with the second highest ranked Proposer. Recommendations for an award will be the Proposer with whom potential contract negotiations were successful.

The EC may provide a list of subject matter for the discussion. The individuals / firms will have equal time to present but the question-and-answer time may vary. Proposers / Providers may be requested to demonstrate the nature of their offered solution to the SC.

After receipt of submittals, all firms will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, or a combination of both) should be given to the Purchasing Agent at the meeting to retain it in the Purchasing files.

9. Award and Execution of Contract: If the City awards a Contract pursuant to this solicitation, the City will prepare and forward to the Proponent a Contract for execution substantially in the form of the Draft Contract included in this RFP. Changes may be made to reflect the Proponent’s proposal, Scope of Services, and Cost Proposal Forms. All Proponents should thoroughly review the Draft Contract prior to submitting a Proposal.

Any proposed revisions to the terms or language of the Draft Contract must be submitted in writing with the Proponent’s response to the RFP. Since the proposed revisions may result in a proposal being rejected if the revisions are unacceptable to the City, Proponent should review any proposed revisions with an Authorized Representative having the authority to execute the Contract. Upon approval of the Proponent by the City of South Fulton City Council, the City will provide the Proponent with three (3) unsigned Contracts.

The Proponent shall execute and return the three (3) Contracts, with required insurance certificates and other documents as listed in this RFP or required by the City, within no more than ten (10) calendar days from receipt of the agreements.

10. Illegal Immigration Reform and Enforcement Act: This RFP is subject to the Illegal Immigration Reform and Enforcement Act of 2011 (Act), formerly known as the Georgia Security and Immigration Compliance Act. Pursuant to Act, the Proponent must provide with its Proposal proof of its registration with and continuing and future participation in the E-Verify Program established by the United States Department of Homeland Security.

Completed Contractor Affidavit, Illegal Immigration Reform and Enforcement Act Forms attached herein as Form F6.6 and F6.7, Appendix B: Required Form Submittals must be submitted with the Proposal at the time of submission. Under State Law, the City cannot consider any Proposal which does not include the completed F6.6 form. Where the business structure of a Proponent is such that Proponent is required to obtain an Employer Identification Number (EIN) from the Internal Revenue Service, Proponent must complete the Contractor Affidavit on behalf of, and provide a Federal Work Authorization User ID Number issued to, the Proponent itself. Where the business structure of a Proponent does not require it to obtain an EIN, each entity comprising the corporate entity must submit a separate Contractor Affidavit. It is not the intent of this notice to provide detailed information or legal advice concerning the Act. All Proponents intending to do business with the City are responsible for independently apprising themselves of and complying with the requirements of the Act and assessing its effect on City solicitations and their participation in those solicitations. For additional information on the E-Verify program or to enroll in the program, go to: https://e-verify.uscis.gov/enroll. Additional information on completing and submitting the Contractor Affidavit can be found preceding this form in this RFP.

11. Multiple Awards: The City reserves, in its sole discretion, the right to make one.

(1) award, no award, or award to multiple Proponents.

12. Joint Ventures: Each party to a Joint Venture will be required to fully complete and submit the Required Submittal Forms unless otherwise indicated in this RFP.

13. Conflict of Interest: Proponents are advised to read and familiarize themselves with the conflict-of-interest provisions of this RFP. The City reserves the right to issue RFPs for specific projects that are independent of RFP #24-26 INDEFINITE QUALITY CONSTRUCTION CONTRACT Services for the City of South Fulton. Except as stated in this RFP these Instructions, and the Notice to Proponents concerning Conflicts of Interests, successful Proponents under this RFP are not precluded from responding to such solicitations.

14. Tax Exemption Status: The City is exempt from Federal Excise Tax or Georgia Sales Tax with regard to goods and services purchased directly by the City of South Fulton. Exemption certificates furnished upon request.

15. Codes, Permits, Fees, Licenses and Laws: All permits, fees, arrangements for inspections, licenses, and costs incurred for the same shall be the sole responsibility of the successful Proponent. All materials, labor and construction must comply with all applicable rules and regulations of local, state and/or national codes, laws and ordinances of all authorities having jurisdiction over the project, which shall apply to the Contract throughout and will be deemed to be included in the Contract the same as though herein written out in full.

16. Negotiations/Best and Final Offers: The City reserves the right to negotiate specifications, terms and conditions, which may be necessary or appropriate for the accomplishment of the intent of this RFP. The City may require the submission of Best and Final Offers. The City may require that this RFP and Proponent’s response be incorporated in full or in part as Contract Documents. The RFP and all responses, supplemental information, and other submissions provided by Proponent during discussions or negotiations may be held by the City as contractually binding upon Proponent. The City may seek clarification from a Proponent at any time during the procurement process, and failure of a Proponent to timely respond may be cause for rejection of Proponent’s proposal.

17. TITLE VI SOLICITATION NOTICE - The City of South Fulton, GA, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations (28 CFR Part 42), hereby notifies all bidders or offerors that it will affirmatively ensure that for any Contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded a full and fair opportunity to submit bids in response to this invitation and will not be, on the grounds of race, color, or national origin, excluded from participation in, denied the benefits of, or subject to discrimination in consideration for an award for any program or activity that receives Federal funds or other Federal financial assistance.

INDEFINITE QUANTITY CONSTRUCTION CONTRACT

1. INTRODUCTION

The City of South Fulton, (hereafter referred to as “the City), is issuing this Request for Proposal (“RFP”) from interested and qualified firms to provide Indefinite Quantity Construction Contract services.

The City of South Fulton’s (COSF) Purchasing Department is soliciting submissions from the Bidder to provide Indefinite Quantity Construction Contract services for the City of South Fulton as specified in this RFP, Attachment A: Scope of Services (SOS), and any additional specifications, general requirements, project specific special provisions, special conditions or other Contract document attached hereto and incorporated herein by reference.

All qualification submittals will be evaluated in accordance with the applicable City of South Fulton rules, regulations, and laws. Evaluation of firms submitting statements of qualification for this project will be based on qualifications, experience, and performance on past projects, along with references.

1.1 COMMUNITY BACKGROUND

The City of South Fulton was chartered in 2017. The City is comprised of all the land that had remained unincorporated in southwest Fulton County except for the Fulton Industrial Boulevard corridor. The communities of Red Oak, Cooks Crossing, Stonewall Tell, Fife, (part of) Campbelltown, Ben Hill, Sandtown, Cliftondale, and Peters Woods (a few of which were towns founded before the American Civil War) are located in the City of South Fulton.

The City of South Fulton is the third largest local government in metro Atlanta based on population behind the City of Sandy Springs and the City of Atlanta. By 2030, the City’s population is estimated to grow to over 127,000.

1.2 INTENT TO AWARD

The City of South Fulton desires to complete the award process in a timely manner. The City of South Fulton reserves the right to reject or accept any or all proposals, whole or any parts hereof, by item or group of items, by section or geographic area, or make multiple awards and be the final approval of proposal(s) selection which would be the most advantageous to the City with price and other factors considered. The City of South Fulton may elect to waive any technicalities. The proposal will be awarded to the lowest responsive, responsible or highest scored proposer(s), based upon the qualification requirements herein.

City of South Fulton reserves the right to reject any proposal if the evidence submitted by or investigation of the proposer fails to satisfy the City that the proposer is properly qualified to carry out the obligations of the Contract. If the successful proposer defaults on their proposal, an award may be made to the next low responsive and responsible proposer or highest scored proposer(s).

Multiple Awards: The City reserves, at its sole discretion, the option to award multiple Proponents.

Responsibility - The determination of the proposer's responsibility will be made by the City based on whether the proposer meets the following minimum standard.

Requirements:

• Relevant knowledge, experience and qualifications of firm and team members.

• Proposed methodology and work plan to be used in the process.

• Understanding of the project and overall completeness of submission.

• Experience on similar projects/References

• The ability, capacity and skill of the Bidder to perform and/or provide the Work required.

• The City reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City that he/she is properly qualified to carry out the obligations of any Contract that is made from this award;

• Has adequate financial means to meet obligations incidental to the work; and

• Such other factors as the City deem to be pertinent to either the bid or the contract.

Responsiveness - The determination of the proposer's responsiveness will be made by the City based on a consideration of whether the proposer has submitted complete proposal documents meeting proposal requirements without irregularities, excisions, special conditions, or alternatives proposals for any item unless specifically requested in the proposal solicitation.

The City is subject to making records available for disclosure after the City of South Fulton approval of the recommendation. The award shall be made by the City Council of South Fulton unless the lowest, qualified bid is less than the City Councils' approval limit.

No claim shall be made by the selected Contractor for loss of profit if the contract is not awarded or awarded for less work than is indicated and for less than the amount of the proposal. The total of the awarded contract shall not exceed the available funds allocated for the proposal project.

1.3 TERM OF CONTRACT

1.3.1 The initial term of this Contract shall be for one (1) year and may be renewed for four (4) successive one (1) year terms upon written notice by the City under the same terms and conditions. The services to be performed under this Contract shall commence on the effective date of this agreement and terminate absolutely and without further obligation on the part of the City at the end of every Term, unless terminated earlier in accordance with the termination provisions of this Contract.

1.3.2 The Contract shall commence within ten (10) calendar days after receipt of written Notice to Proceed

(NTP).

1.3.3 PROPOSAL SECURITY AND PERFORMANCE BONDS (NOT APPICABLE)

1.3.3 NEGOTIATION AND AWARD

It is the City’s intent to conduct the first negotiation meeting no later than thirty (30) days after City.

Council approval of the final ranking by the Committee. At least one (1) of the representatives for the firm participating in negotiations with the City must be authorized to bind the firm. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the firm) an impasse will be declared and negotiations with the first-ranked firm will cease. Negotiations will begin with the next ranked firm. This process shall continue until the City successfully negotiates a Contract.

1.4 CONFLICT OF INTEREST NOTICE TO PROPONENTS

1.4.1 All firms, Sub-Consultants and their employees are notified and advised to avoid potential conflicts of interests. Full and prompt disclosure of involvement in any project or services to other clients that may conflict with financing, construction, operation and management of the City’s projects shall be made to the City in the technical response of the firm’s proposal, and in advancement of assignment so that real or potential conflicts of interest can be avoided.

1.4.2 In any circumstance where Proponent, including any joint venture partners, parent or subsidiary companies, or affiliates under common control, is providing Services or work under another Contract with the City and a dispute, claim or conflict of interest arises between the City and such Proponent under this Contract or another agreement, the City may in its sole determination and discretion, suspend all existing work under this Contract and may or may not issue any further work to the Proponent under this Contract unless and until such dispute, claim or conflict of interest is resolved to the City’s satisfaction. Should the City take such action, Proponent shall not be entitled to any additional costs of any kind resulting from such action except that Proponent may be paid for any authorized Services provided to the City under this Contract prior to the effective date of the suspension of the work. This provision shall not be deemed exclusive and shall be supplemental to any rights and remedies available to the City under this Contract, any other agreement or as may be available under applicable law.

1.5 SUB-CONSULTANTS AND SUB-CONTRACTORS

1.5.1 The proponent must ensure the responsibility standards for each of its Sub-Consultants and Sub- Contractors as listed below and in each and every part of this RFP are met. Verification must include documentation that each Sub-Consultant or Sub-Contractor meets the responsibility criteria required to perform the work including any professional license, certification, insurance requirements of this RFP, any governmental agency having jurisdiction over the matter, or any law or regulation pertaining to the work or requirements. Proponent must not furnish any statement, representation, or certification in connection with Sub- Consultants or Sub-Contractors that is materially false, deceptive, incorrect or incomplete. Failure of the Proponent to provide information concerning the responsibility of any Sub-Consultant or Sub-Contractor may result in a finding that the Proponent is not responsible.

1.5.2 All proposed Sub-Consultants and Sub-Contractors must be listed in the Proponent’s response.

Proponent must ensure that all proposed Sub- Contractors have adequate personnel, past experience, adequate facilities, finances and business systems to perform the scope of services. The City reserves the right to approve all Sub-Contractors and Sub-Consultants.

1.5.3 Proponent must have the responsibility of verifying the existence, authenticity, and dates of expiration of all licenses required by all Sub- Consultants and Sub-Contractors engaged in the work of this RFP.

The lack of a valid license from the Proponent or any Sub-Consultant or Sub- Contractor shall be grounds for default, and for immediate termination for cause with prejudice as it relates to the Proponent, and the removal of any unlicensed entity from the project. In the event Proponent, a Sub- Consultant or Sub-Contractor is required to be licensed or certified as a condition precedent to providing goods or services under this RFP, the revocation or loss of such license or certification may result in immediate termination of the Proponent’s Contract effective as of the date on which the license or certification is no longer in effect.

1.5.4 All Sub-Consultants and Sub-Contractors must be approved by the City prior to performing. Proponent must receive written permission to add Sub-Consultants or Sub-Contractors not initially submitted with Proponent’s response. Sub-Consultants and Sub-Contractors shall not subcontract any portion of their work pursuant to this RFP without the written consent of the City. Failure of the Proponent to obtain from the City prior approval of each Sub-Consultant or Sub-Contractor performing work on the project may result in suspension of work by that Sub- Contractor, removal of work performed by unapproved Sub-Contractor(s) and all permissible sanctions against the Proponent.

2. SCOPE OF SERVICES

The Proponent shall provide Indefinite Quantity Construction Contract Services to partner with the City of South Fulton, as specified in this RFP and Attachment A: Scope of Services (SOS) attached hereto and incorporated herein by reference.

3. MINIMUM REQUIREMENTS

3.3 The Proponent shall have a minimum of five (5) years of experience in providing Indefinite Quantity Construction Contract Services as specified in this RFP and Attachment A, Scope of Services (SOS), attached hereto and incorporated herein by reference. Please be sure to include the necessary references to support this requirement in Appendix B, Required Form Submittals, F6.10 – Reference Form.

4. EVALUATION PROCESS

The following criteria will be used to evaluate Proposals:

The City desires to select the Proponent whose proposal is determined to be the most advantageous to the City considering the technical and price evaluation criteria listed below.

The Evaluation Committee (EC) will be responsible for ranking and recommending the most qualified firms(s) to City Council for award. The process for this procurement may proceed in the following manner: The Purchasing Director delivers the RFP submittals to agency staff for summarization for the Evaluation Committee members. The appropriate department will review the litigation history and the Purchasing Department will review the financial portion of the submittals.

Staff will also identify any incomplete responses. The Purchasing Director of Procurement will review the information and will make a recommendation to the Evaluation Committee as to each firm’s responsiveness to the requirements of the RFP.

The final determination of responsiveness rests solely on the decision of the Evaluation Committee.

All firms that are found to be both responsive and responsible to the requirements of the RFP may have an opportunity to make an oral presentation to the SC and discuss their proposal to illustrate to the Evaluation Committee their approach to the scope of work. If interviews are requested by the City, staff may provide a list of subject matter for the discussion and each firm will be given equal time to present but the question and answer may vary.

The final determination of responsiveness rests solely on the decision of the Evaluation Committee.

All proposals will be evaluated using the Evaluation Criteria listed in the solicitation. All Proposals will be evaluated by an Evaluation Committee in accordance with the City’s Code of Ordinances and the criteria specified in this RFP as follows:

4.1 PRESENTATIONS / DEMONSTRATIONS / INTERVIEWS (WHEN APPLICABLE)

The City reserves the right to negotiate the fee and/or Scope of Services with the highest ranked Proposer. If negotiations cannot be completed successfully, then the City reserves the right to negotiate with the second highest ranked Proposer. Recommendations for an award will be the Proposer with whom potential contract negotiations were successful.

The EC may provide a list of subject matter for the discussion. The individuals / firms will have equal time to present but the question-and-answer time may vary. Proposers / Providers may be requested to demonstrate the nature of their offered solution to the EC. After receipt of submittals, all firms will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD or a combination of both) should be given to the Purchasing Agent at the meeting to remain in the Purchasing files.

PROPOSAL EVALUATION – SELECTION CRITERIA

The City's selection of a firm shall be based upon the demonstrated competence and qualifications of the firms to provide the type of service required. Each proposal will be evaluated and scored through a process by the City's staff. The Proposer's submittal must fully address the requirements listed in this solicitation and the Firm's degree of experience, knowledge, and ability to provide experienced and qualified support staff. The proposal is not to have any exclusions, conditions or provisions applied to the aforementioned request. It is the City's intention to select a firm which is the most qualified to meet the City's needs. The award shall be based on but not limited to the following factors:

REQUEST FOR PROPOSALS SCORING VALUE

MAXIMUM POINTS

Qualification of Firm – Qualifications to be considered include but are not limited to:

Technical experience in performing work of a closely similar nature; experience working with other public agencies; record of completing work on schedule; strength and stability of firm;

technical experience and strength and stability of proposed sub-contractors; and assessments by client references. Qualifications of project staff will also be considered, particularly key personnel, and, especially, the project manager. Other factors to be considered include but are not limited to key personnel’s level of involvement in performing related work, logic of project organization, adequacy of labor commitment, and concurrence in the restrictions on changes in key personnel.

Methodology of Plan/Project Understanding

Proposer’s demonstrated understanding of project requirements, potential problem areas and project approach.

Approach and Compliance with Requirements

This criterion considers the proposer’s project approach and compliance with all of the terms and conditions, license/certification/insurance requirements, the City’s delivery requirements and the scope of work for providing construction services.

MAXIMUM SCORING POINTS TOTAL 100

The City of South Fulton reserves the right, in its sole discretion, to reject or accept any submittal it considers to be non-responsive. Should the City of South Fulton fail to reach agreement with any firm or teams initially selected, the City reserves the right to commence negotiations with the next highest ranked firm or team.

The City of South Fulton may select a firm without an interview or may choose to interview all or a limited number of applicants.

5.0 OVERVIEW OF PROPOSAL REQUIREMENTS

Proposers shall submit Proposals in accordance with the content and format requirements set forth in this RFP. Proposals should be clearly organized and structured in a manner that allows materials included in the document to be located easily.

The City reserves the right to request additional information that, in the City’s opinion, is necessary to assure that the Proposer’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to contract. determine, at its sole discretion, whether any aspect of the Proposal meets the requirements set forth in this section.

Response packages do not have to be professionally produced nor professionally packaged.

Regarding the Evaluation Criteria: each firm has a continuing obligation to provide the City with any material changes to the information requested. The City reserves the right to obtain additional information from interested individuals /firms. To assure consistency, proposals must conform to the format contained herein. Paper size: 8½” x 11”. Larger charts and graphs may be provided if folded neatly to 8½” x 11” and the following items, in the order presented below, with tabs between the sections must be included:

Evaluation Criteria Tab Number The Proposal shall include the appropriate and requested information in enough detail to demonstrate the Proposer’s knowledge, skills, and abilities to provide requested services and will be reviewed and evaluated based on each Proposer’s responses to the criteria described below.

Provide answers below. If you are submitting a response as a joint venture, you should respond to each question for each entity forming the joint venture. When entire response cannot be entered, a summary, followed with a page number reference where a complete response can be found is acceptable.

Section 1 – Company Information

The purpose of the Executive Summary is to provide an overview of the Proponent’s qualifications to accomplish the project. At a minimum, the Company Information Summary must contain the following information:

a. Company's local name, address, and telephone number

b. Primary local contact person(s) and telephone number(s)

c. Total number of company's local full-time employees

d. Year company was established.

e. Description of the company's background and size.

f. Description of the company’s corporate structure, including whether the company is under the control of any other corporation or organization. Include the legal status of the organization.

Tab 1

Section 2 – Organizational Qualifications/Personnel:

Proponent shall provide the organization’s experience and ability to provide the scope of services described in Attachment A.

a. Describe Responder's experience, capabilities and other qualifications for this project.

b. How many years has proposer operated under current company name?

c. Has proposer ever been debarred, suspended, proposed for debarment, declared.

ineligible, or voluntarily excluded from doing business with a Federal, State, or local.

government agency?

d. Statement of qualifications - including any experience with government agencies.

e. Professional credentials and experience in providing the services enumerated in this.

Request For Proposals, i.e. certifications, awards, etc.

f. Description of the competitive advantage that your company possesses over other.

potential providers.

g. Staffing Plan, Including Resumes. Please provide details about key staff that will be associated with the City of South Fulton.

• Provide résumés or a summary of skills, abilities and experience for each person who will represent your company as related to this proposal including the owner, project manager(s), superintendent(s).

• Key management personnel proposed shall not be changed without written City approval in advance of the change. Provide list of major subconsultants the company intends to use for the following services.

Tab 2

Section 3 – Past Performance

Past Performance – Describe proposer’s experience on projects of comparable nature, scope, complexity and duration along with evidence of satisfactory completion, both on time and within budget, for the past five (5) years regarding the proposer. Include the following for each project:

a. Project name

b. Project Budget

c. Location

d. Date of completion (month, year)

e. Company role and responsibility for the project.

f. List Proposer’s key personnel involved on the project.

g. Provide references including contact name, title, organization, address, phone and

Tab 3 email address for all cited projects completed and active.

h. Provide names, email addresses and phone numbers of three government customers with comparable volumes and origination types, who have been contracting the services requested in this RFP.

Section 4 – Project Approach/Plan

Provide a Project Approach/Plan. Indefinite Quantity Construction Contract should include an explanation of your proposed course of action. References should be made to the requirements of this RFP and your plan for meeting those requirements. If you propose changes to the approach set forth in the Scope of Services, those changes should be specified clearly. Explain the proposed methodology that will be used and clearly demonstrate understanding of the objectives the project is intended to complete. This section should include a proposed project schedule, indicating how each task under the Scope of Services will be accomplished. The Proposer should provide examples of protocols and practices where ‘good neighbor policies’ have been implemented specific to noise, parking, traffic, and other potential impacts.

Tab 4

Section 5 – Location

Identify the office location responsible for this project. Supply legal firm name, headquarters address, local office addresses, satellite offices and warehouse addresses, if applicable. State of incorporation, and key firm contact names with their phone numbers and e-mail addresses.

Tab 5

Section 6 - Recent, Current, and Projected Workloads of the Firms – List all projects, including project number, during the past five (5) years, both completed and active with approximate percent complete.

Tab 6

Section 7- Proposer Financial Information

The proposer must demonstrate sufficient financial resources to carry out its responsibilities as outlined in this RFP and to back up its contractual obligations.

Proposers will be evaluated on the basis of their credit references, demonstrated ability to finance the required equipment, and ability to provide the performance bond.

Financial Capacity

1. Provide evidence of the development team’s financial ability to undertake and successfully complete the proposed project including the following:

2. Bank letter of credit of interest in lending for the project

3. Financial Statements:

Tab 7

a. If available, submit audited financial statements for the past two years for each development entity that is part of the development team.

b. If audited financial statements are not available, provide documented evidence of prior development transactions in which substantially all of the funding was obtained by the developer/development team. This information should include letters from the project lenders that identify the size of the loans and the repayment terms, as well as letters from the equity investors that identify the investment amounts and summaries of the transaction terms’.

c. Three (3) years of Balance Sheet/Profit and Loss statements compiled by CPA.

d. It is the practice of the City to conduct a review of a firm’s financial responsibility in order to determine the firm’s capability to successfully perform the work.

e. If submitting as a Joint Venture, Partnership, Limited Liability

Corporation or Limited Liability Partnership, the financials must be submitted for each entity that comprises the prime Proposer.

4. The proponent has within the past ten (10) years filed (or had filed against it) any bankruptcy or insolvency proceedings, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee or assignee for the benefit of creditors. If so, please provide an explanation;

Section 8 – Litigation

The City will consider a vendor's litigation history information in its review and determination of responsibility. All vendors are required to disclose to the City all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the vendor, any parent or subsidiary of the vendor, or any predecessor organization.

A complete disclosure of any alleged significant prior or on-going contract failure, any civil or criminal litigation or investigation pending which involves the Proposer and/or Proposers employees proposed or assigned to this contract or in which the Proposer has been judged guilty or liable within the last three (3) years. If there is no negative history to disclose, state that in the Bid.

If the vendor is a Joint Venture, the information provided should encompass the Joint Venture (if it is not newly formed for purposes of responding to the solicitation) and each of the entities forming the Joint Venture. Although the review of a vendor's litigation

Tab 8 history is an issue of responsibility, the failure to provide litigation history as required in the Evaluation Criteria may result in a recommendation of non-responsiveness by the Purchasing Director.

Section 9 - Business Licenses, Licenses, and Insurance

Evidence that your proposer and/or persons performing the work are licensed to do business in the State of Georgia. Proof of insurance as listed/Evidence of possession of required licenses or business permits.

Tab 9

Section 10 – References

The proposer is required to submit completed Reference Verification Forms for previous projects referenced in its submittal. The proposer should use the appropriate reference form to distribute to its reference organization/firm to complete and return to the proposer’s attention. The proposer should submit the completed Reference Verification Form with its response. The City will verify references provided as part of the review process. Provide a minimum of five (5) references that are comparable in scope, size, and clients within the last five (5) years. Governmental/Public entities are preferred. See Attached – Reference Verification Form

Tab 10

Section 11 – Documents and forms required by the city.

Please provide all other documents and forms not included in the above sections.

Provide statement detailing whether the contractor’s team members have ever filed for bankruptcy or had projects that have been declared in default or foreclosed upon. If yes to any of these questions, list the dates and describe the circumstances. Due to the sensitive nature of the financial information requested by the City, the contractors may choose to provide a secure download site address link and share access with the City.

Tab 11

Section 12 – Contract Exceptions

The Contract that the City intends to use is identified as Attachment C. Any exceptions to the Contract must be identified on Form 6.12 Exceptions Form.

Tab 12

APPENDIX A

BONDING AND INSURANCE REQUIREMENTS

A. Bonding Requirements – Bonding will apply where applicable per task order.

B. Insurance Requirements

1. Statutory Workers' Compensation Insurance

Employers Liability:

Bodily Injury by Accident - $1,000,000 each accident Bodily Injury by Disease - $1,000,000 policy limit Bodily Injury by Disease - $1,000,000 each employee

1. Commercial General Liability Insurance

2.1 $1,000,000 limit of liability per occurrence for bodily injury and property damage

2.2 Separate Owner's and Contractor's Protective policy with City of South Fulton (and any applicable authority) as Named Insured

2.3 The following additional coverages must apply:

2.3.1 1986 (or later) ISO Commercial General Liability Form

2.3.2 Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04)

2.3.3 Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations or a separate endorsement covering Completed Operations)

2.3.4 Blanket Contractual Liability

2.3.5 Broad Form Property Damage

2.3.6 Severability of Interest

2.3.7 Underground, explosion, and collapse coverage

2.3.8 Personal Injury (deleting both contractual and employee exclusions)

2.3.9 Hostile Fire Pollution Wording

3. Auto Liability Insurance

3.1 $2,000,000 limit of liability per occurrence for bodily injury and property damage.

3.2 Comprehensive form covering all owned, non-owned, leased, hired, and borrowed vehicles.

3.3 Additional Insured Endorsement.

3.4 Contractual Liability.

4.…