RFP 26_008 Rentention Pond.pdf

CITY OF FAIRBURN

Request for Proposals

RFP# 26-008

Retention Ponds

Pre-Proposal Conference/ Site Visit Wednesday May 13, at 10:30 A.M.

The City of Fairburn requests proposals from qualified contractors to perform cleaning, maintenance, and sediment removal for two retention ponds located at Woodland Hills Pond #1 and Woodcliff Court Pond # 2 Objective: Restore Pond capacity, improve water quality and drainage performance, and remove accumulated sediment, trash, and invasive vegetation in compliance with applicable environmental regulations.

Proposals shall be made electronically via Bidnet no later than: 2:30 p.m. local time on Thursday June 4, 2026.

Questions regarding this proposal should be directed to The Purchasing Department, at purchasing@fairburn.com no later than 4:00 P.M. on Monday May 18, 2026.

The successful contractor will be required to meet insurance requirements. The Insurance Company should be authorized to do business in Georgia by the Georgia Insurance Department and must have an A.M. Best rating of A-5 or higher.

The written proposal documents 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.

mailto:purchasing@fairburn.com

REQUEST FOR PROPOSAL

INTRODUCTION

PURPOSE OF PROCUREMENT

Introduction and Project Overview Purpose: The City of Fairburn requests proposals from qualified contractors to perform cleaning, maintenance, and sediment removal for two retention ponds located at Woodland Hills and Woodcliff Court subdivisions. Objective: Restore pond capacity, improve water quality and drainage performance, and remove accumulated sediment, trash, and invasive vegetation in compliance with applicable environmental regulations.

BACKGROUND

The City of Fairburn maintains two retention ponds that have accumulated sediment, vegetation, and debris, reducing capacity and performance. The work will include dewatering as required, dredging or excavation of accumulated sediments, disposal of dredged material, removal of trash and invasive vegetation, repair/cleaning of inlet and outlet structures, and site stabilization and restoration.

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

Woodland Hills Subdivision Pond #1

Contractor shall remove all trees, brush, and roots on the pond slope, dam, rim, floor and access easement. After removal, animal burrows shall be filled, the scoured area behind the OCS shall be backfilled to cover the exposed pipe, and all disturbed soil in and around the pond shall be recompacted and seeded. Once vegetation is established, the existing temporary retrofit at the outlet control structure (OCS) shall be removed. Additionally, all trash shall be removed and disposed of properly. The pipe at the downstream headwall shall be grouted to the headwall and any debris in front of the headwall shall be removed.

Woodcliff Court Subdivision Pond #2

Contractor shall remove all trees, brush, and roots on the pond slope, dam, rim, floor and access easement. After removal, animal burrows shall be filled, the scoured area behind the outfall shall be backfilled and all disturbed soil in and around the pond shall be recompacted and seeded. Once vegetation is established, the existing temporary retrofit at the outlet control structure (OCS) shall be removed. Additionally, all trash to include but not limited to the fence, shall be removed and disposed of properly.

Contractor shall provide all labor, equipment, materials, permits, supervision, and incidentals necessary to complete the work described below for both ponds. Minimum requirements include, but are not limited to:

Mobilization and Pre-Construction

• Mobilize equipment, materials, and personnel to the site.

• Submit a work plan, dewatering plan, erosion & sediment control plan (ESC), equipment staging plan, and traffic control plan (if applicable) at least 7 days prior to mobilization.

• Conduct a pre-construction site meeting with City representatives.

Dewatering and Water Management

• Dewater ponds as needed and in accordance with applicable permits and environmental best practices.

• Dewatering plan must identify discharge locations, turbidity and sediment controls (e.g., silt curtains, settling basins), sampling/monitoring procedures (if required), and compliance with Permit conditions.

• Prevent downstream water quality impacts and avoid discharging sediment-laden water without treatment.

Sediment Removal / Dredging

• Provide method for estimating and measuring dredged quantities (expressed in cubic yards).

• Use methods that minimize turbidity and protect existing vegetation and structures unless removal is required.

Material Handling and Disposal

• Transport and dispose of dredged material at a permitted upland disposal facility or beneficial reuse site. Provide manifests, receipts, and chain-of-custody for disposal.

• If material is to be tested for contaminants prior to disposal, contractor shall coordinate sampling and analysis; testing costs to be included in bid or listed as a separate unit price if applicable.

Debris and Vegetation Removal

• Remove trash, debris, and non-native/invasive vegetation from ponds and embankments.

• Dispose of removed vegetation and debris in accordance with local regulations.

Inlet/Outlet Structure Work

• Inspect, clean, and make minor repairs to inlet and outlet structures. Document pre- and post-condition with photos.

• Replace filter media in outlet devices if applicable (document costs separately if requested).

Site Restoration and Stabilization

• Stabilize disturbed areas using seeding, erosion control blankets, sod, or other materials as specified.

• Restore access routes and staging areas to pre-construction condition or better.

• Provide a one-year workmanship warranty for stabilization work.

Final Documentation

• Provide final as-built documentation including dredged volumes by pond, disposal manifests/receipts, before-and-after photos, and a short maintenance/recommendation report.

• Provide an itemized invoice and a final payment application with supporting documents.

Permits and Environmental Compliance

• Contractor is responsible for obtaining any required permits (e.g., NPDES, state/local dredge permits, stream buffer permits) unless otherwise stated. Proposals must state which permits the contractor will obtain and provide an estimated timeline to secure them.

• All work must comply with local, state, and federal laws and regulations, including any endangered species or wetland protections.

• Contractor shall implement Best Management Practices (BMPs) to control erosion and sedimentation and avoid water quality impacts.

Schedule

• RFP Issue Date: May 4, 2026

• Site Visit mandatory: May 13, 2026, at 10:30 am

• Questions Due: May 18, 2026, at 4:00 pm

• Proposal Due Date and Time: June 4, 2026, at 2:30pm

Pre-Proposal Site Visit

• A site visit is mandatory on May 13, 2026, at 10:30 am. Meet at 110 Woodland Hills Dr Fairburn, GA 30213

• Site visit will allow contractors to assess access, staging, existing conditions, and site constraints.

Contractor Qualifications and Submittal Requirements Proposals must include the following:

• Company name, address, primary contact (name, phone, email).

• Business license and proof of authority to work in In the State of Georgia.

• Evidence of experience: minimum of three (3) similar pond dredging/cleaning projects completed within the last 3 years. For each project includes project name, owner, contact, brief description, date, and contract value.

• Resumes of key personnel and list of equipment to be used (dredges, excavators, pumps, dewatering equipment, trucks, etc.).

• Detailed work plan and schedule describing methods, sequence, equipment, BMPs, dewatering and discharge methods, and disposal plan.

• Health, safety, and spill prevention plan.

• Permitting plan listing permits to be obtained and the timeline.

• Cost proposal using the Bid Form (Attachment B).

• Insurance certificates and evidence of bonding capacity.

• List of proposed subcontractors and percentage of work to be subcontracted (if any).

• References and any safety or OSHA incident history in the last five (5) years.

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.

Pricing and Payment

• Provide a total lump sum price for each pond and a combined total.

• Provide unit prices for: dredging (per cubic yard), hauling (per cubic yard per mile or lump sum), dewatering (per day), mobilization/demobilization (lump sum), and other common tasks.

• Identify allowances and exclusions clearly.

• Payment terms: progress payments monthly based on measured dredged quantities and completed work or other mutually agreed schedule. Final payment upon receipt of disposal manifests and final acceptance.

• Include estimated permit fees if contractor is obtaining permits (list separately).

Insurance, Bonding, and Contract Terms Insurance requirements (minimums; City may adjust):

• Commercial General Liability: $1,000,000 per occurrence / $2,000,000 aggregate

• Automobile Liability: $1,000,000 combined single limit

• Workers’ Compensation: Statutory limits as required

• Pollution Liability: $1,000,000 (or equivalent) Performance and Payment Bonds:

• If contract value exceeds the threshold, the City requires performance and payment bonds at 100% of the contract value. Indemnification:

• Contractor shall indemnify, defend, and hold harmless the City of Fairburn, its employees, officers, and agents from losses, claims, liabilities, damages, and expenses arising from contractor’s operations.

• The selected contractor will sign a contract substantially in the form of Attachment C (Sample Contract).

Provide any proposed changes to the sample contract with your proposal.

Safety and Site Security

• Contractor is responsible for jobsite safety, securing the site, and protecting the public and workers.

• Contractor must comply with OSHA and all applicable safety regulations.

• Work hours: Monday- Friday 8:00am – 4:00pm. Any work outside these hours must be pre-approved by the

City of Fairburn.

Warranties and Guarantees

• Contractor shall warrant workmanship for a period of at least one (1) year from the date of final acceptance.

Warranty shall cover failures attributable to contractor workmanship including unacceptable erosion, re-settling of stabilized areas (that result from contractor’s work), and defective repairs.

Submission Instructions

• Submit one electronic PDF copy via Bidnet by June 4, 2026. Subject line: RFP — Retention Pond Cleaning

- City of Fairburn and Contractor’s Name.

• Late proposals will not be accepted.

• Questions must be submitted in writing to Purchasing@fairburn.com by Monday May 18, 2026, at 4:00 pm.

Attachments

• Attachment A: Site maps and photos

• Attachment B: Bid Form

• Attachment C: Sample Contract

• Attachment D: Insurance Requirements and Forms mailto:Purchasing@fairburn.com

Attachment B — Bid Form

Company Name: _____________________________________

Primary Contact: _____________________________________________________

Phone: __________________________ Email: _____________________________

Base Bid (Lump Sum):

• Pond A — dredging, disposal, stabilization: $__________________

• Pond B — dredging, disposal, stabilization: $__________________

• Subtotal (Ponds A + B): $__________________

• Mobilization / Demobilization (lump sum): $__________________

• Dewatering (lump sum or per day): $______________

• Other (describe): ___________________________________________________

• Unit Prices: $_____________

• Dredging (per cubic yard): $________ / cy

• Hauling (per cubic yard per mile or lump sum): $___________

• Dewatering (per day): $___________

• Additional excavation/embankment repair (per hour): $____________

• Estimated Dredge Quantities (if known)

• Pond A: __________ cy

• Pond B: __________ cy

• Allowances and Exclusions: ___________________________________________

• Expected Start Date: __________

• Expected Duration (calendar days): _________________

• List of Permits Contractor Will Obtain (if any): __________________________

• Signature: ___________________________ Date: _______________

Key Contract Terms (summary)

• Scope: As described in RFP.

• Payment: Monthly payments based on measured quantities and percent complete; final payment upon satisfactory completion and submission of disposal manifests.

• Termination: City may terminate for convenience with 30 days’ written notice.

• Dispute Resolution: e.g., mediation then arbitration or litigation in specified jurisdiction

Attachment D — Insurance and Bonding Forms

Provide City’s required insurance certificate language and bond forms here.

Exhibit C - 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 D - DRUG FREE WORKPLACE

RFP 23-023

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:

“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 E - 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 F- 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.

PROFESSIONAL SERVICES INSURANCE REQUIREMENTS

1. Statutory Workers' Compensation Insurance

(a) Employers Liability:

Bodily Injury by Accident - $500,000 each accident Bodily Injury by Disease - $500,000 policy limit Bodily Injury by Disease - $500,000 each employee

2. Commercial General Liability Insurance

(a) $1,000,000 limit of liability per occurrence for bodily injury and property damage

(b) The following additional coverage must apply:

1986 (or later) ISO Commercial General Liability Form Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04) Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations or a separate endorsement covering Completed Operations) Blanket Contractual Liability Broad Form Property Damage Severability of Interest Underground, explosion, and collapse coverage Personal Injury (deleting both contractual and employee exclusions) Incidental Medical Malpractice Hostile Fire Pollution Wording

3. Auto Liability Insurance

(a) $500,000 limit of liability per occurrence for bodily injury and property damage

(b) Comprehensive form covering all owned, non-owned, leased, hired, and borrowed vehicles.

(c) Additional Insured Endorsement

(d) Contractual Liability

4. Professional Liability Insurance - $1,000,000 (project specific for the City of Fairburn project) limit of liability per claim/aggregate or a limit of $1,000,000 per occurrence and $2,000,000 aggregate.

Insurance company must be authorized to do business in the State of Georgia.

Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04 or some other form)

5. The city of Fairburn should be shown as an additional insurer on General Liability and Auto Liability policies.

6. The cancellation should provide 10 days’ notice of nonpayment and 30 days’ notice of cancellation.

7. Certificate Holder should read:

City of Fairburn 56 Malone Street SW Fairburn, Georgia 30213

8. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-5 or higher. Certain Workers' Comp funds may be acceptable by the approval of the Insurance Unit.

European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A-5 or better.

9. Insurance Company should be licensed to do business by the Georgia Department of Insurance.

*See above note regarding Professional Liability

10. Certificates of Insurance, and any subsequent renewals, must reference specific bid/contract by project name and project/bid number.

11. The Contractor shall agree to provide complete certified copies of current insurance policy (ies) or a certified letter from the insurance company (ies) if requested by the City to verify the compliance with these insurance requirements.

12. All insurance coverage required to be provided by the Contractor will be primary over any insurance program carried out by the City.

13. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every Subcontractor in any tier and shall require each and every Subcontractor of any tier to comply with all such requirements. The contractor agrees that if for any reason Subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and maintained by Contractor at Contractor's expense.

14. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to the City as to form and content has been filed with the City. The Acord Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute.

15. The Contractor shall agree to waive all rights of subrogation against the City of Fairburn, the Mayor, City Council members, its officers, officials, employees, and volunteers from losses arising from work performed by the contractor for the City.

16. Special Form Contractors’ Equipment and Contents Insurance covering owned, used, and leased equipment, tools, supplies, and contents required to perform the services called for in the Contract.

The coverage must be on a replacement cost basis. The city will be included as a Loss Payee in this coverage for City owned equipment, tools, supplies, and contents.

17. The Contractor shall make available to the City, through its records or records of their insurer, information regarding a specific claim related to any City project. Any loss run information available from the contractor or their insurer relating to a City project will be made available to the City upon their request.

18. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all Subcontractors of their liability provisions of the Contract.

19. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, and any other laws that may apply to this Contract.

20. The Contractor shall at a minimum apply risk management practices accepted by the contractors’ industry.

Rev. 05/15

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. Supplemental Agreements

2. Agreement

3. General Conditions

4. Detailed Scope of Work

5. Specifications

6. 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 the 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 days’ 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 document 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…