RFP 26_007 Zoning Update.pdf

CITY OF FAIRBURN

Request for Proposals

RFP# 26-007

Zoning Update

An Optional Pre-Proposal Conference will be held on June 4, 2026, at 10:00 a.m. Via TEAMS https://teams.microsoft.com/meet/250289675420537?p=6MRAsISRDPyAd6OoAK

Meeting ID: 250 289 675 420 537

Passcode: 7Xo94Ma2

The City of Fairburn requests proposals from qualified contractors to perform Zoning updates.

The City desires a modern, user-friendly ordinance with clear standards, graphics, tables, and predictable procedures that support adopted policy direction and improve administrative efficiency.

Objective: Consultants shall propose a detailed methodology. The scope below represents baseline expectations. Enhancements may be proposed but must be clearly identified.

Proposals shall be made electronically via Bidnet no later than: 2:30 p.m. local time on Tuesday June 23, 2026.

Questions regarding this proposal should be directed to The Purchasing Department, at purchasing@fairburn.com no later than 4:00 P.M. on Thursday June 11, 2026.

The written proposals supersede any verbal or written prior communications between the parties. Selection criteria are outlined in the request for proposal documents. The City of Fairburn reserves the right to reject any or all proposals to waive technicalities, and to make an award deemed in its best interest.

Award notification will be sent to companies submitting a proposal via email.

We look forward to your proposal and appreciate your interest in the City of Fairburn.

https://teams.microsoft.com/meet/250289675420537?p=6MRAsISRDPyAd6OoAK mailto:purchasing@fairburn.com

REQUEST FOR PROPOSAL

INTRODUCTION

The City of Fairburn requests proposals from qualified contractors to perform Zoning updates. The City desires a modern, user-friendly ordinance with clear standards, graphics, tables, and predictable procedures that support adopted policy direction and improve administrative efficiency.

DEFINITION OF TERMS

The City of Fairburn has established certain requirements with respect to the submission of proposals.

Whenever the terms "shall", "must", "will", or "is required" are used in the RFP, the specification being referred to is a mandatory requirement of this RFP. Failure to meet any mandatory requirement will cause rejection of Offeror's proposal.

Whenever the terms "can", "may", or "should" are used in the RFP, the specification being referred to is a desirable requirement and failure to provide any items so termed may not be cause for rejection, however, may cause a reduction in score awarded/ranking.

SCOPE OF WORK

Scope of Work Consultants shall propose a detailed methodology. The scope below represents baseline expectations. Enhancements may be proposed but must be clearly identified.

Please note: A standalone zoning audit task is NOT requested. Respondents shall base their work on the City’s completed audit and adopted plans. Possible multi-year contract with three (3) year renewals.

Task A - Zoning Ordinance Rewrite (Implementation-Based) Consultants shall propose a detailed methodology. The scope below represents baseline expectations. Enhancements may be proposed but must be clearly identified. The Consultant shall convert existing audit findings and adopted policy direction into an adoption-ready zoning ordinance rewrite.

Work shall include:

• Review of City-provided zoning audit and adopted plans

• Ordinance restructuring and reorganization

• Zoning district updates, including:

• Purpose statements

• Use permissions

• Dimensional standards

• Form and site standards where applicable

• Modernized use tables

• Updates to housing type flexibility as directed

• Parking and loading standard modernization

• Reduction of unnecessary planned development dependency

• Procedure and administration updates

• Cross-reference and internal consistency corrections

• Up to four (4) draft versions

• Minimum four (4) public or board presentations, including one workshop format

• Minimum six (6) stakeholder interviews or focus sessions

• Minimum twenty-five (25) ordinance graphics and tables

• Zoning map alignment assistance

• Coordination with City legal counsel

Deliverables:

• Editable ordinance text

• Print-ready code

• Graphics library

• Summary memorandum

Task B- Sign Ordinance Rewrite Consultant shall prepare a complete rewrite of the City’s sign regulations consistent with current legal standards and best practices.

• Full sign code rewrite

• Content-neutral regulatory structure

• Updated sign type classifications

• Size, height, and placement tables

• District-based sign standards

• Digital and electronic sign standards

• Corridor and downtown sign standards

• Wayfinding and civic signage framework

• Permit and review procedures

• Measurement diagrams and graphics

• Enforcement and nonconformity standards

• Adoption-ready sign ordinance chapter

• Illustrated sign standards

• Measurement diagrams

• Permit decision flowchart

Task C - Overlay District Review and Rewrite Consultant shall review and modernize all overlay districts.

• Evaluation of each overlay’s purpose and performance

• Identification of conflicts with base districts

• Recommendations to consolidate, remove, or revise overlays

• Rewrite of overlay standards for clarity and enforceability

• Conversion of subjective standards into measurable criteria where feasible

• Alignment with adopted corridor, downtown, and gateway plans

• Overlay applicability mapping updates

• Overlay ordinance rewrite text

• Overlay standards tables

• Graphic standards where applicable

• Applicability maps

Task D - Citywide Design Standards and Development Form Standards Consultant shall audit, consolidate, and modernize all existing design standards currently embedded across zoning districts and related articles into a coordinated, illustrated, and enforceable design standards framework integrated directly into the zoning ordinance.

Stand-alone advisory guidelines are not acceptable as the primary deliverable.

• Audit of all existing district-level and article-level design standards

• Consolidation of fragmented standards into a unified regulatory framework

• Building form and frontage standards by district or place type

• Building placement and frontage type standards

• Streetscape and frontage design standards

• Site layout standards for mixed-use, commercial, and multifamily projects

• Parking lot design, layout, and screening standards

• Landscape and buffering standards modernization and integration

• Lighting standards framework

• Pedestrian realm and block design standards

• Downtown and corridor form standards coordinated with overlay districts

• Objective architectural and massing standards (non-style-based and measurable)

• Building articulation and façade modulation standards

• Graphics-based compliance tables and dimensional diagrams

• Cross references coordinated with sign standards and overlay standards

• Administrative applicability thresholds and alternative compliance procedures

• Codified and enforceable illustrated design standards chapter integrated into the zoning ordinance

• Minimum of thirty (30) regulatory graphics and diagrams

• Frontage and building type diagrams

• Streetscape cross-sections

• Site layout and parking configuration diagrams

• Corridor and overlay design standard diagrams

• Measurable compliance tables

• Staff review and applicant compliance checklists Consultant shall review and modernize all overlay districts.

• Evaluation of each overlay’s purpose and performance

• Identification of conflicts with base districts

• Recommendations to consolidate, remove, or revise overlays

• Rewrite of overlay standards for clarity and enforceability

• Conversion of subjective standards into measurable criteria where feasible

• Alignment with adopted corridor, downtown, and gateway plans

• Overlay applicability mapping updates

• Overlay ordinance rewrite text

• Overlay standards tables

• Graphic standards where applicable

• Applicability maps

VII. Required Pricing Format Pricing must be separated by:

• Task A — Zoning Ordinance Rewrite

• Task B — Sign Ordinance Rewrite

• Task C — Overlay Rewrite

• Task D — Optional Integration

Schedule:

• RFP Issue Date: May 20, 2026

• Pre-proposal meeting (Optional) via Teams: June 4, 2026, at 10:00 am

• Questions Due: June 11, 2026, at 4:00 pm

• Proposal Due Date and Time: June 23, 2026, at 2:30pm

Basis of Award and Evaluation Criteria:

Proposals will be evaluated based on the following criteria:

Responsiveness and completeness of proposal: pass/fail Experience and qualifications: 25% Work plan, methods, and schedule: 25% Environmental protection measures and safety plan: 15% Price and value (total cost and unit pricing): 25% References and past performance: 10%

The City reserves the right to award based on best overall value, not necessarily the lowest price.

COST PROPOSAL SHEET

Zoning Ordinance Update Services

The proposer shall provide a lump sum fee and detailed cost breakdown for all services associated with the Zoning Ordinance Update Project. Pricing shall include all labor, meetings, travel, materials, administrative costs, and deliverables necessary to complete the project.

Item No. Description of Services Lump Sum Cost 1 Project Management and Coordination $__________ 2 Review and Assessment of Existing Zoning Ordinance $__________ 3 Stakeholder and Staff Meetings $__________ 4 Public Engagement / Community Workshops $__________ 5 Drafting Updated Zoning Ordinance Language $__________ 6 Preparation of Maps, Graphics, and Supporting Documents $__________ 7 Legal Review Coordination $__________ 8 Revisions Based on City Feedback $__________ 9 Final Ordinance Preparation and Editable Documents $__________ 10 Presentation to Planning Commission and/or City Council $__________

TOTAL LUMP SUM COST | $__________ |

Required Pricing Format Pricing must be separated by:

• Task 5.1 — Base Zoning Ordinance Rewrite

• Task 5.2 — Sign Ordinance Rewrite

• Task 5.3 — Overlay Rewrite

• Task 5.4 — Optional Integration

Provide the corresponding task numbers for the items listed above.

TOTAL LUMP SUM COST | $__________ |

The City reserves the right to determine which proposal provides the best overall value and not necessarily the lowest cost proposal.

Exhibit A- Contractor Affidavit under O.C.G.A. § 13-10-91(b)(l)

The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any contract to which Contractor is a party that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with O.C.G.A. § 13- 10-91, attesting as follows:

a) The Contractor has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program.

b) The Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof.

c) The Contractor will notify the public employer in the event the Contractor ceases to utilize the federal work authorization program during the contract period, including renewals or extensions thereof.

d) The Contractor understands that ceasing to utilize the federal work authorization program constitutes a material breach of Contract.

e) The Contractor will contract for the performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the Contractor with the information required by O.C.G.A. § 13-10-91(a), (b), and (c).

f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s) subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to which Contractor is a party after the date hereof without further action or consent by Contractor; and

g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to the public employer within five business days of receipt.

Federal Work Authorization User Identification Number Date of Authorization

Name of Contractor

Name of Public Employer

Street Address

City/State/Zip Code

Executed on , , 20 in (city), (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE DAY OF , 20 . NOTARY PUBLIC

My Commission Expires:

Exhibit B - DRUG FREE WORKPLACE

RFP 26-007

The undersigned certifies that the provisions of Code Sections 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the “Drug-free Workplace Act”, have been complied with in full. The undersigned further certifies that:

(1) A drug-free workplace will be provided for the Service Provider’s employees during the performance of the Contract; and

(2) Each Service Provider who hires a subcontractor to work in a drug-free workplace shall secure from the subcontractor the following written certification:

(3) As part of the subcontracting agreement with (Service Provider), (subcontractor) certifies to the Service Provider that a drug-free workplace will be provided for the subcontractor’s employees during the performance of this Contract pursuant to paragraph (7) of the subsection (b) of Code Section 50-24-03.

Also, the undersigned further certifies that he/she will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract.

Company Name

BY: Authorized Officer or Agent Date (Service Provider Signature)

Title of Authorized Officer or Agent of Service Provider

Printed Name of Authorized Officer or Agent

MUST BE RETURNED WITH YOUR PROPOSAL

Exhibit C - NON-COLLUSION AFFIDAVIT

The undersigned bidder or agent, being duly sworn on oath, says that he/she has not, nor has any other member, representative, or agent of the firm, company, corporation, or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding.

He/she further says that no person or persons, firms, or corporation has, have, or will receive directly or indirectly, any rebate, fee gift, commission, or thing of value on account of such bid.

OATH AND AFFIRMATION

I HEREBY AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE FACTS AND INFORMATION

CONTAINED IN THE FOREGOING BID FOR PUBLIC CONTRACT ARE TRUE AND CORRECT.

Dated this day of , (Name of Organization)

(Title of Person Signing)

(Signature)

STATE OF ( ) (Bid Number)

COUNTY OF ( )

Before me, a Notary Public, personally appeared the above named and swore that the statements contained in the foregoing document are true and correct.

Subscribed and sworn to me this day of , .

Notary Public Signature

My Commission Expires:

MUST BE RETURNED WITH YOUR PROPOSAL

Exhibit D - DEBARMENT CERTIFICATION FORM

The Contractor certifies that neither the Contractor firm nor any owner, partner, director, officer, or principal of the Contractor, nor any person in a position with management responsibility or responsibility for the administration of federal funds:

(a) Is presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any federal or state department/agency.

(b) Has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Is presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or

(d) Has within a three-year period preceding this certification had one or more public transactions or contracts (federal, state, or local) terminated for cause or default.

(e) The contractor is “Actively” registered with SAMS (Service for Award Management) and has been assigned the following DUNS Number: .

The Contractor further certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency.

Dated this day of , 20

By

Authorized Signature for Contractor

Print Name

Title

Must be returned with your Proposal.

General Terms and Definitions:

Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings:

1.1 CITY-means Fairburn, Georgia, a Georgia Municipal Corporation, duly organized and existing under the laws of the State of Georgia.

1.2 Supplemental Agreement-means a written order to CONSULTANT signed by CITY and accepted by CONSULTANT, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement.

1.3 Contract-means the Agreement Documents specifically identified and incorporated herein by reference in Section 2, CONTRACT DOCUMENTS.

1.4 Agreement Execution-means the date on which CONSULTANT executes and enters into an Agreement with CITY to perform the Work.

1.5 Agreement Price means the total monies, adjusted in accordance with any provision herein, payable to the CONSULTANT under this Agreement.

1.6 Contract Time-means the period of time stated in this Agreement for the completion of the Work.

1.7 CONSULTANT-means the party or parties contracting directly with the CITY to perform Work pursuant to this Agreement.

1.8 DEPARTMENT-means the Director or designee of requesting department(s) named in this solicitation.

1.9 Drawings-means collectively, all the drawings, receipt of which is acknowledged by CITY, listed in this Agreement, and also such supplementary drawings as the CONSULTANT may issue from time to time in order to clarify or explain such drawing or to show details which are not shown thereon.

1.10 Specifications-means the written technical provisions including all appendices thereto, both general and specific, which form a part of the Agreement Documents.

1.11 Subconsultant-means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with CONSULTANT or with any of its subconsultants at any tier to provide a part of the Work called for by this Agreement.

1.12 Work-means any and all obligations, duties, and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by CONSULTANT under this Agreement.

1.13 Liaison-Representative of the CITY who shall function as Liaison between the CITY and the CONSULTANT for all matters pertaining to this Agreement, including review of CONSULTANT's plans and work.

2. CONTRACT DOCUMENTS

2.1 List of Documents

The Agreement, any required bonds, the General Conditions, the Appendices, the Detailed Scope of Work, the Specifications, the Drawings, the Exhibits, and all Agreement Supplemental Agreements shall constitute the Agreement Documents.

2.2 Conflict and Precedence

2.0.1 The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order:

1. Agreement

2. General Conditions

3. Detailed Scope of Work

4. Drawings

3. CHANGES AND EXTRA WORK

The CITY may, at any time, request changes in the work to be performed here under. All such changes, including any increase or decrease in the amount of the CONSULTANT's compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written Supplemental Agreements to the Agreement.

4. PERSONNEL AND EQUIPMENT

The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, the CITY. Primary liaison with the CITY will be through its designee. All the services required hereunder will be performed by the CONSULTANT under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under law to perform such services.

The CONSULTANT shall employ only people duly registered in the appropriate category in responsible charge of supervision and design of the work; and further shall employ only qualified surveyors in responsible for charge of any survey work.

The CONSULTANT shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration, being in the full employ of the CONSULTANT and responsible for the work prescribed by this Agreement.

5. ACCURACY OF WORK

The CONSULTANT shall be responsible for the accuracy of the work and shall promptly correct errors and omissions in its plans and specifications without additional compensation.

Acceptance of the work by the CITY will not relieve the CONSULTANT of the responsibility for subsequent correction of any errors and the clarification of any ambiguities.

6. FINDINGS CONFIDENTIAL

The CONSULTANT agrees that its conclusions and any reports are for confidential information of the CITY and that it will not disclose its conclusions in whole or in part to any persons whatsoever, other than to submit its written documentation to the CITY and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, reports, maps, data, and studies prepared by the CONSULTANT pursuant thereto shall become the property of the CITY and be delivered to the DEPARTMENT.

Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the CITY.

It is further agreed that if any information concerning the PROJECT, its conduct, results, or data gathered or processed should be released by the CONSULTANT without prior approval from the CITY, the release of same shall constitute grounds for termination of this Agreement without indemnity to the CONSULTANT, but should any such information be released by the CITY or by the CONSULTANT with such prior written approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement.

7. TERMINATION OF AGREEMENT FOR CAUSE

If through any cause, the CONSULTANT shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the CONSULTANT shall violate any of the covenants, agreements or stipulations of this Agreement, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to the CONSULTANT of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule without prior approval of the CITY, shall constitute cause for termination. In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the CONSULTANT under this Agreement shall become the property of the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as determined by the CITY.

8. TERMINATION FOR CONVENIENCE OF THE CITY

The CITY may terminate this Agreement for its convenience at any time upon 30 day’s notice in writing to the CONSULTANT. If the Agreement is terminated by the CITY as provided in this Article 8, the CONSULTANT will be paid compensation for those services performed. Partially completed tasks will be compensated for based on a signed statement of completion to be submitted by the CONSULTANT which shall itemize each task element and briefly state what work has been completed and what work remains to be done.

All such expenses shall be properly documented and submitted to the Director or his designee for processing and payment. The Gwinnett CITY Board of Commissioners shall be the final authority in the event of any disputes over authorized costs between the Director and the CONSULTANT.

9. CONSULTANTS TO COOPERATE WITH OTHER CONSULTANTS

If the CITY undertakes or awards other contracts for additional related work, the CONSULTANT shall fully cooperate with such other consultants and the CITY employees or appointed committee(s) and carefully fit its own work to such additional work as may be directed by the CITY. The CONSULTANT shall not commit or permit any act which will interfere with the performance of work by any other CONSULTANT or by CITY employees.

10. INDEMNIFICATION

CONSULTANT agrees to protect, defend, indemnify, and hold harmless the CITY, its commissioners, officers, agents and employees from and against any and all liability, damages, claims, suits, liens, and judgments, for whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons to the extent arising out of and attributed to the negligent acts, errors or omissions of the CONSULTANT. CONSULTANT's obligation to protect, defend, indemnify, and hold harmless, as set forth hereinabove shall include any matter arising out of any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations.

CONSULTANT further agrees to protect, defend, indemnify, and hold harmless the CITY, its commissioners, officers, agents, and employees from and against any and all claims or liability for compensation under the Worker's Compensation Act arising out of injuries sustained by any employee of the CONSULTANT.

11. COVENANT AGAINST CONTINGENT FEES

The CONSULTANT warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business and that the CONSULTANT has not received any non-CITY fee related to this Agreement without the prior written consent of the CITY. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage, or contingent fee.

12. INSURANCE

The CONSULTANT shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy (s) that will ensure and indemnify both CITY and CONSULTANT against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the CONSULTANT during the term of this Agreement. The liability under such insurance policy shall be not less than in the attached.

The CONSULTANT shall provide, at all times that this Agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia.

The CONSULTANT shall provide, at all times that this Agreement is in effect, Professional Liability Insurance with a limit of not less than that shown in the attached.

Additionally, CONSULTANT shall provide, at all times that this Agreement is in effect, automobile liability insurance with a limit of not less than that shown in the attached.

The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be noncancellable except on thirty (30) days' written notice to the CITY. Such policies shall name the CITY as additional insured, except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement.

13. PROHIBITED INTERESTS

13.1 Conflict of Interest: The CONSULTANT agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further agrees that, in the performance of the Agreement, no person having any such interest shall be employed.

13.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.

14. SUBCONTRACTING

The CONSULTANT shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the Department’s prior written approval of the subconsultant. The Department will not approve any subconsultant for work covered by this Agreement that has not been recommended for approval by the Department Director.

All subcontracts in the amount of $10,000 or more shall include the provisions set forth in this Agreement.

15. ASSIGNABILITY

The CONSULTANT shall not assign or transfer, whether by assignment or novation, any of its rights, obligations, benefits, liabilities, or other interests under this Agreement without the written consent of the CITY.

16. EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the CONSULTANT will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subconsultant, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials.

17. ANTI-KICKBACK CLAUSE

Salaries of architects, drafters, technical engineers and engineers, and technicians performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law.

The CONSULTANT hereby promises to comply with all applicable "Anti-kickback" laws and shall insert appropriate provisions in all subcontracts covering work under this Agreement.

18. AUDITS AND INSPECTORS

At any time during normal business hours and as often as the CITY may deem necessary, the CONSULTANT shall make available to the CITY for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY to audit, examine, and make copies, excerpts, or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.

The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies thereof shall be furnished upon request. The CONSULTANT agrees that the provisions of this Article shall be included in any Agreements it may make with any subconsultant, assignee, or transferee.

19. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE

All documents and materials prepared pursuant to this Agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, maps, or other materials prepared under this Agreement without according to credit of authorship. The CITY shall hold harmless and indemnify the CONSULTANT against all claims arising out of such use of documents and materials without the CONSULTANT'S knowledge and consent.

20. VERBAL AGREEMENT OR CONVERSATION

No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before, during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the CONSULTANT to any additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above.

21. INDEPENDENT CONSULTANT

The CONSULTANT shall perform the services under this Agreement as an independent consultant, and nothing contained herein shall be construed to be inconsistent with this relationship or status.

Nothing in this Agreement shall be interpreted or construed to constitute the CONSULTANT or any of its agents or employees to be the agent, employee, or representative of the CITY.

22. NOTICES

All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid.

CITY OF FAIRBURN

PURCHASING DEPARTMENT

GENERAL INSTRUCTIONS FOR PROPOSERS, TERMS AND CONDITIONS

I. PREPARATION OF PROPOSALS

A. Each proposer shall examine the drawings, specifications, schedule, and all instructions. Failure to do so will be at the proposer’s risk.

B. Each proposer shall furnish all information required by the proposal form or document. Each proposer shall sign the proposal and print or type his or her name on the schedule. The person signing the proposal must initial erasures or other changes. An authorized agent of the company must sign proposals.

C. Individuals, firms and businesses seeking an award of a City of Fairburn 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 without permission of the Purchasing Associate named in the solicitation between the date of the issuance of the solicitation and the date of the final contract award by the City Counsel. Violations will be reviewed by the Purchasing Manager. If determined that such communication has compromised the competitive process, the offer submitted by the individual, firm or business may be disqualified from consideration for award.

D. Sample contracts (if pertinent) are attached. These do NOT have to be filled out with the bid/proposal submittal but are contained for informational purposes only. If awarded, the successful proposer(s) will be required to complete them prior to contract execution.

E. Effective, July 1, 2013 and in accordance with the Georgia Illegal Reform and Enforcement, an original signed, notarized and fully completed Contractor Affidavit and Agreement should be included with your bid/proposal submittal, if the solicitation is for the physical performance of services for all labor or service contract(s) that exceed $2,499.99 (except for services performed by an individual who is licensed pursuant to Title 26, Title 43, or the State Bar of Georgia). Failure to provide the Contractor Affidavit and Agreement with your bid/proposal submittal may result in bid/proposal being deemed non-responsive and automatic rejection.

II. DELIVERY

A. Each proposer should state the time of the proposed delivery of goods or services.

B. Words such as “immediate,” “as soon as possible,” etc. shall not be used. The known earliest date or the minimum number of calendar days required after receipt of order (delivery A.R.O.) shall be stated (if calendar days are used, include Saturday, Sunday, and holidays in the number).

III. EXPLANATION TO PROPOSERS

Any explanation desired by a proposer regarding the meaning or interpretation of the request for proposals, drawings, specifications, etc. must be requested by the question cutoff deadline stated in the solicitation in order for a reply to reach all proposers before the close of the proposal. Any information given to a prospective proposer concerning a request for proposal will be furnished to all prospective proposers as an addendum to the invitation if such information is necessary or if the lack of such information would be prejudicial to uninformed proposers. The written proposal supersedes any verbal or written communication between the parties. Receipt of addenda should be acknowledged in the proposal. It is the proposer’s responsibility to ensure that they have all applicable addenda prior to proposal submittal. This may be accomplished via contact with the assigned Procurement Agent prior to proposal submittal.

IV. SUBMISSION OF PROPOSALS

A. Proposals shall be enclosed in a sealed package, addressed to the City of Fairburn Purchasing

Office with the name and address of the proposer, the date and hour of opening, and the request for proposal number on the face of the package. Telegraphic/faxed proposals will not be considered. Any addenda should be enclosed in the sealed envelopes as well.

B. ADD/DEDUCT: Add or deduct amounts indicated on the outside of the envelope are allowed and will be applied to the lump sum amount. The amount shall be clearly stated and should be initialed by an authorized company representative.

C. Samples of items, when required, must be submitted within the time specified and, unless otherwise specified by the city, at no expense to the city. Unless otherwise specified, samples will be returned at the proposer’s request and expense if testing does not destroy items.

D. Items offered must meet required specifications and must be of a quality that will adequately serve the use and purpose for which intended.

E. Full identifications of each item proposed, including brand name, model, catalog number, etc. must be furnished to identify exactly what the proposer is offering. Manufacturer’s literature may be furnished.

F. The proposer must certify that items to be furnished are new and that the quality has not deteriorated so as to impair its usefulness.

G. Unsigned proposals will not be considered except in cases where the proposal is enclosed with other documents that have been signed. The city will determine this.

H. City of Fairburn is exempt from federal excise tax and Georgia sales tax with regard to goods and services purchased directly by City of Fairburn. Suppliers and contractors are responsible for federal excise tax and sales tax, including taxes for materials incorporated in City construction projects. Suppliers and contractors should contact the State of Georgia Sales Tax Division for additional information.

I. Information submitted by a proposer in the proposal process shall be subject to disclosure after proposal award in accordance with the Georgia Open Records Act. Proprietary information must be identified. Entire proposals may not be deemed proprietary.

V. WITHDRAWAL OF PROPOSAL DUE TO ERRORS

No proposer who is permitted to withdraw a proposal shall, for compensation, supply any material or labor or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn proposal was submitted.

To withdraw a proposal after proposal opening, the supplier has up to forty-eight (48) hours to notify the City of Fairburn Purchasing Office of an obvious clerical error made in calculation of proposal.

Withdrawal of bid bond for this reason must be done in writing. Suppliers who fail to request withdrawal of proposal by the required forty-eight (48) hours shall automatically forfeit bid bond. Bid bond may not be withdrawn otherwise.

Proposal withdrawal is not automatically granted and will be allowed solely at City of Fairburn’s discretion.

VI. TESTING AND INSPECTION

Since tests may require several days for completion, the City reserves the right to use a portion of any supplies before the results of the tests are determined. The cost of inspections and tests of any item that fails to meet the specifications shall be borne by the proposer.

VII. F.O.B. POINT

Unless otherwise stated in the request for proposal and any resulting contract, or unless qualified by the proposer, items shall be shipped F.O.B. Destination. The seller shall retain title for the risk of transportation, including the filing for loss or damages. The invoice covering the items is not payable until the items are delivered, and the contract of carriage has been completed. Unless the F.O.B. clause states, otherwise, the seller assumes transportation and related charges either by payment or allowance.

VIII. PATENT INDEMNITY

The contractor guarantees to hold the City, its agents, officers or employees harmless from liability of any nature or kind for use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used in the performance of the contract, for which the contractor is not the patentee, assignee or licensee.

IX. BID BONDS AND PAYMENT AND PERFORMANCE BONDS (IF REQUIRED)

A five percent (5%) bid bond, a one hundred percent (100%) performance bond, and a one hundred percent (100%) payment bond must be furnished to City of Fairburn for any proposal as required in the proposal package or document. Failure to submit a bid bond with the proper rating will result in the proposal being deemed non-responsive. Bonding company must be authorized to do business in Georgia by the Georgia Insurance Commission, listed in the Department of the Treasury’s publication of companies holding certificates of authority as acceptable surety on Federal bonds and as acceptable reinsuring companies, and have an A.M. Best rating as stated in the insurance requirement of the solicitation. The bid bond, payment bond, and performance bond must have the proper an A.M. Best rating as stated in the proposal when required in the proposal package or document.

X. DISCOUNTS

A. Time payment discounts will be considered in arriving at net prices and in the award of the proposal. Offers of discounts for payment within ten (10) days following the end of the month are preferred.

B. In connection with any discount offered, the time will be computed from the date of delivery and acceptance at destination, or from the date correct invoice or voucher is received, whichever is the later date. Payment is deemed to be made for the purpose of earning the discount, on the date of the city check.

XI. AWARD

A. Award will be made to the highest scoring responsive and responsible proposer according to the criteria stated in the proposal documents. The City may make such investigations as it deems necessary to determine the ability of the proposer to perform, and the proposer shall furnish to the City all such information and data for this purpose as the City may request.

The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the City that such proposer is properly qualified to conduct the obligations of the contract.

B. The City reserves the right to reject or accept any or all proposals and to waive technicalities, informalities and minor irregularities in the proposals received.

C. The City reserves the right to make an award as deemed in its best interest, which may include awarding a proposal to a single proposer or multiple proposers; or to award the whole proposal, only part of the proposal, or none of the proposal to single or multiple proposers, based on its sole discretion of its best interest.

D. In the event scores rounded to the nearest whole number result in a tie score, the award will be based on lowest cost.

E. In the event that negotiations with the highest ranked firm are unsuccessful the City may then negotiate with the second-ranked firm and so on until a satisfactory agreement has been reached.

XII. DELIVERY FAILURES

Failure of a contractor to deliver within the time specified or within reasonable time as interpreted by the Purchasing Manager, or failure to make replacements of rejected articles/ services when so requested, immediately or as directed by the Purchasing Manager, shall constitute authority for the Purchasing Manager to purchase in the open market articles/services of comparable grade to replace the articles/services rejected or not delivered. On all such purchases, the contractor shall reimburse the City within a reasonable time specified by the Purchasing Manager for any expense incurred in excess of contract prices, or the City shall have the right to deduct such amount from monies owed the defaulting contractor. Alternatively, the City may penalize the contractor one percent (1%) per day for a period of up to ten (10) days for each day that delivery or replacement is late. Should public necessity demand it, the City reserves the right to use or consume articles/services delivered which are substandard in quality, subject to an adjustment in price to be determined by the Purchasing Manager.

XIII. CITY FURNISHED PROPERTY

The city will furnish no material, labor, or facilities unless provided in the RFP.

XIV. REJECTION OF PROPOSALS

Failure to observe any of the instructions or conditions in this request for proposal shall constitute grounds for rejection of proposal.

XV. CONTRACT

Each proposal is received with the understanding that the acceptance in writing by the City of the offer to furnish any or all of the commodities or services described therein shall constitute a contract between the proposer and the City which shall bind the proposer on his part to furnish and deliver the articles quoted at the prices stated in accordance with the conditions of said accepted proposal.

The city, on its part, may order from such a contractor, except for cause beyond reasonable control, and to pay for, at the agreed prices, all articles specified and delivered.

Upon receipt of a proposal containing a City of Fairburn “Sample Contract” as part of the requirements, it is understood that the proposer has reviewed the documents with the understanding that City of Fairburn requires that all agreements between the parties must be entered into via these documents. If any exceptions are taken to any part, each exception must be stated in detail and submitted as part of the proposal document. If no exceptions are stated, it is assumed that the proposer fully agrees to the “Sample Contract” in its entirety.

When the contractor has performed in accordance with the provisions of this agreement, City of Fairburn shall pay to the contractor, within thirty (30) days of receipt of any department approved payment request and based upon work completed or service provided pursuant to the contract, the sum so requested, less the retainage stated in this agreement, if any. In the event that City of Fairburn fails to pay the contractor within sixty (60) days of receipt of a pay request based upon work completed or service provided pursuant to the contract, the City shall pay the contractor interest at the rate of ½% per month or pro rata fraction thereof, beginning the sixty-first (61st) day following receipt of pay requests. The contractor’s acceptance of progress payments or final payment shall release all claims for interest on said payment.

XVI. NON-COLLUSION

The proposer declares that the proposal is not made in connection with any other proposer submitting a proposal for the same commodity or commodities, and that the proposal is bona fide and is in all respects fair and without collusion or fraud. Each proposer, if included in proposal documents, shall execute an affidavit of non-collusion. Collusion and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

XVII. DEFAULT

The contract may be canceled or annulled by the Purchasing Manager in whole or in part by written notice of default to the contractor upon non-performance or violation of contract terms. An award may be made to the next highest rated responsive and responsible proposer, or articles specified may be purchased on the open market similar to those so terminated. In either event, the defaulting contractor (or his surety) shall be liable to the City for costs to the City in excess of the defaulted contract prices; provided, however, that the contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. Failure of the contractor to deliver materials or services within the time stipulated in his proposal, unless extended in writing by the Purchasing Manager, shall constitute contract default.

XVIII. TERMINATION FOR CAUSE

The City may terminate this agreement for cause upon ten days prior written notice to the contractor of the contractor’s default in the performance of any term of this agreement. Such termination shall be without prejudice to any of the City’s rights or remedies by law.

XIX. TERMINATION FOR CONVENIENCE

The City may…