RFP 25_329_K Construction for GEMA_s Hazard M.pdf

HMGP 4501-0091

Release: October 29, 2025

REQUEST FOR PROPOSAL

25-329-K

FOR

GENERATOR

FEMA and GEMA FUNDED PROJECT (Construction for GEMA’s Hazard Mitigation Grant – Generator at WTP)

All City of Roswell solicitations are posted to the City’s Bonfire website1. A schedule of events and all other information pertaining to the solicitation are posted to the

Bonfire website at https://www.roswellgov.com/bids/bonfire

Non-Mandatory Site Visit will be held at 100 Frank Lewis Drive, Roswell, GA 30075 on November 10, 2025, 10:00AM

PROPOSALS DUE: Tuesday, November 25, 2025, at 2:30 PM EST.

Submit your proposal through our bidding software Bonfire.

roswellgov.bonfirehub.com

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Meeting ID: 231 769 089 658 9

Passcode: FD2Ru9C6

Question regarding this project will be accepted until November 13, 2025 by 5:00pm. Questions after this date will not be accepted.

1 https://www.roswellgov.com/bids/bonfire https://www.roswellgov.com/bids/bonfire https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzdkN2I0ODEtMTZjYy00MjM2LTk1ZTEtOGM0ZGQ1OTEyMDBm%40thread.v2/0?context=%7b%22Tid%22%3a%2263b7f8af-4de1-4dab-9416-0761fb64698d%22%2c%22Oid%22%3a%22672d41b7-72b0-4e4a-ac07-7e84874062da%22%7d https://www.roswellgov.com/bids/bonfire

Notification of this solicitation will be sent to all Small Business, Minority Business. Labor Surplus Area and Labor Surplus area firm (LSA).

This solicitation will be posted on the

Georgia Procurement Registry

REQUEST FOR PROPOSALS

STANDARD RFP INSTRUCTIONS TERMS AND CONDITIONS

1. RFP INSTRUCTIONS

1.1 Single Point of Contact

From the date this Request for Proposal (the “RFP”) is issued until an Offeror is selected, Offerors are not allowed to communicate with any staff or elected officials of the City regarding this procurement. All questions must be submitted through bonfirehub.com.

1.2 Review RFP

Offerors should carefully review this RFP in its entirety including all instructions, requirements, specifications, and terms/conditions and promptly notify in writing via bonfirehub.com the project website of any ambiguity, inconsistency, unduly restrictive specifications, or error that discovered upon examination of this RFP.

1.3 Organization of Offer

Offerors must submit their Quotes per the City of Roswell Bonfire application at https://roswellgov.bonfirehub.com .

1.4 Offer in Effect for 60 Days

Except in rare cases a P r o p o s a l may not be corrected, withdrawn, or canceled by the Offeror for a 60-day period following the deadline for Quote submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and Offeror so agrees in submitting the Quote.

1.5 Roswell Not Responsible for Preparation Costs

The costs for developing and delivering responses to this RFP and any subsequent presentations of the

Proposal requested by the City of Roswell are entirely the responsibility of the Offeror. The City of

Roswell is not liable for any expenses incurred by the Offeror in the preparation and presentation of their Quote.

1.6 All Timely Submitted Materials Become Roswell’s Property

All materials submitted in response to this RFP become the property of the City of Roswell and are appended to any formal documentation, which would further define or expand any contractual relationship https://roswellgov.bonfirehub.com/ between the City of Roswell and Offeror resulting from this RFP process.

2. RFP RECEIPT AND EVALUATION PROCESS

2.1 Public Information

All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying shortly after award with the following four (4) exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Roswell; (3) any company financial information requested by the City of

Roswell to determine vendor responsibility, unless prior written consent has been given by the Offeror;

and (4) other constitutional protections.

Any information that the Proposer believes will fall under this protection should be clearly marked in red ink at the bottom of any page of the Quote with such material “*Confidential”.

2.1.1 Buyer’s Review of Proposal

Upon opening the Proposal received in response to this RFP, the Buyer in charge of the solicitation will review the quotes and separate out any information that meets the referenced exceptions in Section above, providing the following conditions have been met:

2.1.1.1 Confidential information is clearly marked and separated from the rest of the Proposal.

2.1.1.2 Proposal does not contain confidential material in the cost/price section; and

2.1.1.3 An affidavit from an Offeror’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each Proposal containing trade secrets.

Information separated out under this process will be available for review only by Buyer, the Finance Director, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party.

2.2 Initial Classification of Proposals as Responsive or Nonresponsive

All Quotes will initially be classified as either “responsive” or “nonresponsive”. As this is an informal process, proposers may or may not be contacted by the buyer for additional information and/or documents to make their quotes responsive.

2.3 Determination of Responsibility

The Buyer will determine whether an Offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through negotiation if information surfaced that would result in a determination of non-responsibility. If an Offeror is found non-responsible, the determination must be in writing and made a part of the procurement file.

2.4 Roswell’s Rights Reserved

While the City of Roswell has every intention to make an award as a result of this RFP, issuance of the

RFP in no way constitutes a commitment by the City of Roswell to award and execute a contract.

Upon determination such actions would be in the best interest, the City of Roswell, in its sole discretion, reserves the right to:

✓ Cancel or terminate this RFP at any time. If the RFP is cancelled, the City of Roswell will not reimburse any Offeror for the preparation of its Proposal.

✓ Reject any or all Proposals received in response to this RFP,

✓ Make a contract award, based directly on the Proposal received, determined to be in the best interest of the City, in its sole discretion,

✓ Enter further discussions with one or more Offerors.

✓ Waive and/or amend any undesirable, inconsequential, or inconsistent provisions/specifications of this RFP which would not have significant impact on any Proposal.

✓ Not award if it is in the best interest of the City of Roswell; or

✓ Terminate any contract if the City of Roswell determines adequate funds are not available.

✓ All required documents must be signed and returned with a bid, or you may be disqualified.

2.5 Quantities and Submitted Pricing

Unless otherwise so indicated, Quantities and/or “Required Quantities” on the proposal/price sheet are used for the purpose of pricing evaluation. It is the intent of the city for prices offered on the submitted pricing sheet fair and equitable. Invoices submitted must consist of pricing provided on the

City’s pricing sheet form.

2.6 City’s Right to Investigate

The city may make such investigations as deemed necessary to determine the ability of the offeror to provide the supplies and/or perform the services specified.

The City reserves the right to use any information or additional references deemed necessary to establish the ability of the Offeror to perform the conditions of this request, including the City’s own history with the offeror.

3. EVALUATIONS

3.1 Initial Buyer Review

All Proposals received will be reviewed by the Buyer to ensure that all administrative requirements of the

RFP package have been met, such as all documents requiring a signature have been signed and submitted.

Failure to meet these requirements may be cause for rejection.

3.2 Evaluation

In most cases, the award of a purchase order or contract will be made to the responsible Offeror submitting the lowest responsive proposal. The City reserves the right to award on a best value basis, justified in writing, which may involve all or some of the following factors:

✓ After Receipt of Order response time

✓ Term and Overall Cost

The City shall be the judge of the factors and will make the award in the best interest of the City.

4. TERMS AND CONDITIONS

The City of Roswell’s Terms and Conditions are set forth below. Offerors should notify the City of Roswell of any Terms and Conditions that either preclude them from responding to the RFP or add unnecessary cost. This notification must be made by the deadline for receipt of written/e-mailed questions or with the Offeror’s RFP response. Any requests for material, substantive, important exceptions to the standard terms and conditions will be addressed by formal written addendum issued by the designated Buyer.

The City of Roswell reserves the right to address any non-material, minor, insubstantial exceptions to the terms and conditions with the highest-scored Offeror at the time of contract negotiation.

TERMINATION

City may at its sole option terminate this CONTRACT by giving the CONTRACTOR thirty (30) days written notice. Should the CONTRACTOR fail to fulfill in a timely and proper manner its obligations under this solicitation or if it should violate any of the terms of this solicitation, the City shall have the right to immediately terminate the solicitation or agreement. Such termination shall not relieve CONTRACTOR of any liability to the City for damages sustained by virtue of any breach by CONTRACTOR. A reasonable period of time to cure a CONTRACTOR breach of CONTRACT can be negotiated with the selected

CONTRACTOR.

(b) Termination by CONTRACTOR. Whether at any time or from time to time during the Term, any of the following events shall occur and not be remedied within the applicable period of time herein specified, namely:

(i) City shall materially fail to keep, observe or perform any covenant, agreement, term or provision of this CONTRACT to be kept, observed or performed by City, and such default shall continue for a period of sixty

(60) days after written notice thereof by CONTRACTOR to City, which shall specify such failure with particularity.

(c) Continuing Obligations. If this agreement is terminated pursuant to this Section 4, the Parties shall account for and pay to the other all sums due and owing pursuant to the terms of this agreement within thirty (30) days after the effective date of termination.

(d) Force Majeure. Neither Party shall be liable for any loss, damage, delay or nonperformance of any Services as a result of causes not reasonably within the control of such Party including, but not limited to, acts of God, terrorism, war, riot, insurrection, civil violence or disobedience, blockages, embargoes, sabotage, epidemics, fire, strikes, lock-outs or other industrial or labor disturbances, lighting, hurricanes, cyclonic storms, and explosions; provided, however, that the affected Party notifies the other Party promptly of the occurrence of the cause and thereafter exerts commercially reasonable efforts to overcome the cause of the prevention or hindrance if such cause is within the Party’s reasonable control, and to resume performance.

4.1 Compliance with Illegal Immigration Reform and Enforcement Act

E-Verify Program: The City of Roswell is committed to compliance with federal and state laws requiring the verification of newly hired employees to ensure they are lawfully entitled to work in the United States.

As such, the City of Roswell shall not enter into a contract for the physical performance of services unless the contractor registers and participates in a federal work authorization program (E- Verify). An Offeror should include a fully executed E-Verify affidavit as part of its Proposal.

Requirement to Participate in a Federal Work Authorization Program (E-Verify):

(1) Pursuant to O.C.G.A. § 13-10-91:

a. Public employers shall not enter into any contract for the physical performance of services within the State of Georgia unless the contractor registers and participates in a federal work authorization program to verify the employment eligibility of all newly hired employees.

b. Subcontractors shall not enter into any contract with a contractor for the physical performance of services within the State of Georgia unless such subcontractor registers and participates in a federal work authorization program to verify the employment eligibility of all newly hired employees; and

c. Sub-subcontractors shall not enter into any contract with a subcontractor or sub-subcontractor for the physical performance of services within the State of Georgia unless such sub-subcontractor registers and participates in a federal work authorization program to verify the employment eligibility of all newly hired employees.

(2) As of the date of enactment of O.C.G.A. § 13-10-91, the applicable federal work authorization program is “E-Verify” (https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES) operated by the United

States Citizenship and Immigration Services Bureau of the United States Department of Homeland

Security. Information and instructions regarding E-Verify program registration, corporate administrator registration, and designated agent registration can be found at that website address.

Contractor, Subcontractor, and Sub-subcontractor Evidence of Compliance:

(1) Public employers who enter into a contract for the physical performance of services within the

State of Georgia shall include in such contract a provision stating that compliance with the requirements of O.C.G.A. § 13-10-91 are conditions of the contract.

(2) Pursuant to O.C.G.A. §13-10-91, public employers shall include in all covered contracts a provision stating the contractor’s agreement that, in the event the contractor employs or contracts with a subcontractor in connection with the covered contract, the contractor will secure from such subcontractor attestation of the subcontractor’s compliance with O.C.G.A. 13-10-91 by the subcontractor’s execution of the subcontractor affidavit and maintain records of such attestation for inspection by the City of Roswell at any time. Such subcontractor affidavit shall become a part of the contractor/subcontractor agreement.

(3) Pursuant to O.C.G.A. §13-10-91, public employers shall include in all covered contracts a provision stating the contractor’s agreement that, in the event the contractor employs or contracts with a subcontractor that employs or contracts with any sub-subcontractor, the subcontractor will secure from such sub-subcontractor attestation of the sub-subcontractor’s compliance with O.C.G.A. § 13-10- 91 by the sub-subcontractor’s execution of the sub-subcontractor affidavit and maintain records of such attestation for inspection by the City of Roswell at any time. Such sub-subcontractor affidavit shall become a part of the subcontractor/sub-subcontractor agreement.

(4) All portions of contracts pertaining to compliance with O.C.G.A. § 13-10-91 and these rules, and any affidavit related hereto, shall be open for public inspection in this State at reasonable times during normal business hours.

4.2 Compliance with Laws

The Offeror must, in performance of work under the contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including, but not limited to, the Civil Rights Act of 1964, the

Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the

Rehabilitation Act of 1973. Any subletting or subcontracting by the Offeror subjects’ subcontractors to the same provision. The Offeror agrees that the hiring of persons to perform the contract will be made based on merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract.

4.3 Drug-Free Workplace

If Contractor is an individual, he or she hereby certifies that he or she will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this contract.

4.3.1 Certification:

If Contractor is an entity other than an individual, it hereby certifies by means of proposal submittal that:

i. A drug free workplace will be provided for the Contractor's employees during the performance of this contract; and

ii. It will secure from any subcontractor hired to work in a drug free workplace the following written certification: "As part of the subcontracting agreement with (Contractor's Name), (Subcontractor's Name), certifies to the Contractor that a drug free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph 7 of subsection B of Code Section 50 24 3."

4.3.2 Penalties:

Contractor may be suspended, terminated, or debarred if it is determined that:

i. The Contractor has made false certification hereinabove; or

ii. The Contractor has violated such certification by failure to carry out the requirements of Official

Code of Georgia Section 50 24 3.

4.4 Substitutions and Change Orders

No substitutions of material, schedule cancellations, or change orders are permitted after contract award without written approval by the City Administrator. Where specific employees are proposed by the

Offeror for the work, those employees shall perform the work as long as those employees work for the

Contractor, either as employees or subcontractors, unless the City of Roswell agrees to a replacement.

Requests for any substitution will be reviewed and may be approved by the City of Roswell at its sole discretion. Verbal agreements to the contrary will not be recognized.

4.5 Invoicing and Payment

The City of Roswell agrees to pay the Offeror in current funds for the performance of the contract. Upon completion of work and acceptance of the items or services, the Offeror shall submit an invoice detailing the appropriate charges as currently allowed.

The city will process approved payment requests under this project to the awarded Contractor. Payment to subcontractors and suppliers is the responsibility of the awarded Contractor. The city will not entertain any other payment arrangements.

Invoices shall be submitted to:

Roswell Finance Department Attn: Accounts Payable invoices@roswellgov.com mailto:invoices@roswellgov.com

38 Hill Street Roswell, GA 30075

Upon receipt of invoice and inspection and acceptance of the items, the City of Roswell will render payment. All such invoices will be paid within thirty (30) days by the City of Roswell unless any items thereon are questioned, in which event payment will be withheld pending verification of the amount claimed and the validity of the claim. The Offeror will provide complete cooperation during any such investigation.

No sales tax will be charged on any orders.

Successful Offeror(s) must provide the city with a completed and signed W-9

4.6 Deliveries

In the event there are to be deliveries on site, all goods and materials will be F.O.B. Destination, Freight

Prepaid and Allowed.

No freight or postage charges will be paid by the City of Roswell unless such charges are included and accepted in the bid price and awarded by contract. The Offeror, at the Offeror’s expense, will arrange to have someone onsite to inspect and accept delivery. The Offeror has sole responsibility for securing all materials at the project site. The offeror shall transfer and deliver to the department named all the goods and/or services described in this bid for the consideration set forth herein. Risk of loss of the goods shall pass to the department upon acceptance only. The title of the goods shall remain with the vendor until acceptance by the department.

4.7 Additional Terms and Conditions

The terms and conditions in this document will be in addition to the controlling terms of either:

1. A Purchase Order, including its terms and conditions, or.

2. An Executed Contract and Purchase Order

Offeror Prequalification Submittal Requirements In determining the capabilities of an offeror to perform the services specified herein, the following informational requirement(s) and/or answers to questions must be submitted by the offeror. Note that the reputation of the Offeror regarding adequacy of their past skillful performance of work of this type and magnitude required herein, shall be considered when making the determination regarding the adequacy of qualifications or lack thereof is grounds for a finding of qualified or not qualified. The Offeror shall submit the following information as their Statement of Qualifications so that the City can make a determination regarding their Prequalification status:

• References: Offeror shall provide a list of at least five (5) clients/projects of the same general size and scope of the work proposed in this RFP. The City reserves the right to use any information or additional references deemed necessary to establish the ability of the offeror to perform the conditions of the contract. (See Appendix A for Reference Form)

• Description and Resources of Offeror:

o Provide basic Offeror information: Offeror name, address, name of primary contact, telephone number, fax number, e-mail address, and company website (if available). If Offeror has multiple offices, the qualification statement shall include information about the parent company and branch office separately. Identify office from which project will be managed and this office’s proximity to the project site.

Provide form of ownership, including state of residency or incorporation, and number of years in business. Is the offeror a sole proprietorship, partnership, corporation, Limited Liability Corporation (LLC), joint venture, or other structure.

For joint venture entities that have not undertaken at least two projects together, each firm should submit its qualifications separately.

o Briefly describe the Offeror’s history and growth. Provide general information about the Offeror's personnel resources, including disciplines and numbers and classifications of employees, and locations and staffing of offices.

o Has the offeror been involved in any litigation in the past five (5) years? Describe your experience with litigation with Owners, Subcontractors and/or Architects. List any active or pending litigation and explain. List any claims against offeror or against Owners where offeror is named.

o Has the offeror or member thereof, ever been removed from a contract or failed to complete a contract as assigned? Has the offeror ever refused to sign a contract at the original bid amount submitted?

o Has the offeror made payments of actual or liquidated damages in the last five years for failure to meet a completion date? If so, provide explanation.

o Has a surety made payments on Payment or Performance Bonds on the offeror’s account in the last five years? If so, provide explanation.

o The offeror, in order to be deemed eligible for further evaluation, must issue the following statement asserting that the offeror meets the minimum qualifications required for this project (supporting documentation is required and can be included as an Appendix). The SIGNED statement shall read and certify that:

- Offeror has sufficient bonding capacity to provide payment and performance bonds for anticipated total cost of work.

- Offeror has a current Builder’s Risk Insurance Policy.

- Offeror has and will provide with our Prequalification submittal all the necessary, valid and current licenses to do business in the State of Georgia as issued by the respective State Boards and Government Agencies responsible for regulating and licensing the services to be provided and performed.

• Experience and Qualifications (Submit Reference Form from Appendix A with Offeror Prequalification information.) The City reserves the right to use any information or additional references deemed necessary to establish the ability of the offeror to perform the conditions of the contract.

o Provide professional qualifications and description of experience for proposed construction team, including, at a minimum the following:

Superintendent, Project Manager and Project Director. Offeror’s Project Director, Project Manager, and Superintendent shall have at least five (5) years’ experience on projects of similar scope and complexity as these projects. (At this stage, offerors may list more than one person qualified and available for the proposed projects).

o Provide information on the offeror’s experience on projects (in the past five years) of similar size, function, and complexity (similar type of construction, dollar value, facility purpose, delivery method, and sustainability features). The references provided must include:

o Statement of Suitability

- Provide a statement or specific information that may serve to differentiate the firm from other firms in suitability for the project. Suitability may include, but is not limited to, the firm’s fit to the project and/or needs of the Owner, any special or unique qualifications for the project, current and projected workloads, the proximity of office to project location, and any techniques or methodologies offered by the firm that may be particularly suitable for this project type.