RFP 26_20 CMAR_Burdett_Walking_Trails_FINAL_1.pdf

City of South Fulton, Georgia

General Services

REQUEST FOR PROPOSAL

FOR

RFP NUMBER: 26-20

Construction Manager at Risk

Burdett Park Walking Trails Project

ISSUED:FRIDAY, APRIL 10, 2026

Proposals due no later than 2:00 P.M. ET Thursday, May 14, 2026

City of South Fulton Procurement Department 4715 Frederick Dr. SW

Atlanta, GA 30336

The City of South Fulton, Georgia Purchasing Department 4715 Frederick Dr. SW., Atlanta, GA 30336 Phone: 470-809-7700

Website: Procurement Department | South Fulton, GA Procurement Department | South Fulton, GA City of South Fulton General Services Department

REQUEST FOR PROPOSAL RFP #26-20

CONSTRUCTION MANAGER AT RISK BURDETT PARK WALKING TRAILS PROJECT

SCHEDULE OF EVENTS DATE

Proposal Release Date: April 10, 2026

Non-Mandatory Pre-Proposal Site Visit:

Burdett Park 2945 Burdett Road South Fulton, GA 30349

April 14, 2026

10:00 A.M. ET

Deadline for questions:

Questions must be submitted online at:

https://www.bidnetdirect.com/georgia/cityofsouthfulton

April 16, 2026

3:00 P.M. ET

Answers will be posted by addendum at:

https://www.bidnetdirect.com/georgia/cityofsouthfulton

April 24, 2026

All responses to this RFP must be submitted online at:

https://www.bidnetdirect.com/georgia/cityofsouthfulton. Proposers are required to submit responses to solicitations electronically. If you need any assistance registering or using the platform, please call BidNet Direct's Support Team at 800-835-4603 ext. 2 for assistance. To attend the Proposal Opening, please refer to Information and Instructions to Proposers for details.

May 14, 2026

2:00 P.M. ET

Interview Process As Determined by City

THIS PROPOSAL SOLICITATION FORM

MUST BE SIGNED AND SUBMITTED WITH PROPOSAL

COMPANY NAME: DATE:

MAILING ADDRESS: PHONE:

CITY: FAX:

STATE: ZIP: SSN OR FEDERAL TAX ID#:

EMAIL: TITLE OF AUTHORIZED REPRESENTATIVE:

PRINTED NAME: AUTHORIZED SIGNATURE:

https://www.cityofsouthfultonga.gov/2462/Procurement-Department https://www.bidnetdirect.com/georgia/cityofsouthfulton https://www.bidnetdirect.com/georgia/cityofsouthfulton

TABLE OF CONTENTS

INFORMATION AND INSTRUCTIONS TO PROPOSERS

SUBMITTAL CHECKLIST

INTRODUCTION

SCOPE OF SERVICES

MINIMUM REQUIREMENTS

EVALUATION PROCESS

APPENDICES

Appendix A – Scope of Services

Appendix B – Federal Requirements

ATTACHMENTS

Attachment B – Required Form Submittals… Attachment C – Bonding and Insurance Requirements Attachment D – Proposal Cost Form

EXHIBITS

Exhibit A – AIA Document A135 Guaranteed Maximum Price Amendment Exhibit B – AIA Document A135 Insurance and Bonds Exhibit C – AIA Document A135 Standard Form of Agreement

RFP #26-20 CONSTRUCTION MANAGER AT RISK

BURDETT PARK WALKING TRAILS PROJECT

INFORMATION AND INSTRUCTION TO

PROPOSERS

1. Request for Proposal: This Request for Proposal (RFP) solicits responses from qualified firms hereinafter referred to as Proposer

(“Proposer” or “Proposers”) to provide Construction Manager at Risk

(CMAR) services. Services shall include, but are not limited to, preconstruction services, design-assist support, Guaranteed

Maximum Price (GMP) development, and construction phase services. Proposers shall submit a proposal addressing the full scope of work as outlined in Appendix A: Scope of Services.

2. Solicitation Method: This solicitation is being conducted in accordance with all applicable provisions of the City of South Fulton

Purchasing Policy, codified in Sec. 1-9001 et seq of the City of South

Fulton Code of Ordinances. By submitting a Proposal in reference to this solicitation, a Proposer acknowledges that it is familiar with all laws applicable to this solicitation, including, but not limited to, the

City’s Code of Ordinances, which laws are incorporated into this RFP by reference.

3. Minimum Qualifications: Each Proposer and team member shall have the minimum experience set forth in this RFP.

4. Certificate of Authority to Transact Business in Georgia: Each Proposer must submit documentation that demonstrates it is duly authorized to conduct business in the State of Georgia with its RFP.

This requirement also applies to Joint Venture (JV) Team Members, Sub-Consultants and Sub-Contractors.

5. Business License: The successful Proposer must possess all required business licenses necessary to perform the services described in this solicitation. Proof of such licensing shall be provided prior to contract execution. If Proposer is a joint venture, Proposer shall submit valid business licenses for each member of the joint venture.

If the Proposer is not a Georgia corporation, Proposer shall submit a Certificate of Authority to Transact Business in the State of Georgia and a copy of its current, valid business license issued by its home jurisdiction.

6. No Offer by City and Firm Offer by Proposer: This solicitation does not constitute an offer by City to enter into an agreement and cannot be accepted by any Proposer to form a Contract. This solicitation is only a request for proposals from interested Proposers, and no offer shall bind City. A Proposer’s offer is a firm offer and may not be withdrawn except as provided in this RFP, and in the

City’s Code of Ordinances and other applicable law.

7. Proposal Duration: P r o p o s a l s submitted in response to this RFP must be valid for a period of Ninety (90) calendar days from the

Proposal Submission Deadline and must be marked as such.

8. Proposal Submission Deadline: Responses to this RFP will be accepted online at https://www.bidnetdirect.com/georgia/cityofsouthfulton until May

14, 2026, by 2:00 P.M. Eastern Time (ET).

9. Non-Mandatory Pre-Proposal Site Visit: A Non-Mandatory pre-proposal site visit is scheduled for this solicitation. The site visit will be held at Burdett Park, 2945 Burdett Road, South Fulton, GA

30349, on Tuesday, April 14th, 2026, at 10:00 A.M. ET.

10. Solicitation Questions/Prohibited Contacts: Any questions and communications regarding this RFP shall be submitted in writing by logging into https://www.bidnetdirect.com/georgia/cityofsouthfulton on or before April 16, 2026, by 3:00 P.M. ET. Questions received after the designated period may not be considered. Any response made by the City will be posted online at https://www.bidnetdirect.com/georgia/cityofsouthfulton by addendum. No Proposer may rely on any verbal response to any question submitted concerning this RFP.

11. Proposers and their representatives of Proposers shall not initiate or continue any verbal or written communications regarding a solicitation with any City officer, elected official, employee or other

City representative other than the Procurement Department employee named in the solicitation, between the date of the issuance of the solicitation and the date of the final Contract award by City Council, unless specified otherwise herein. Attempting to influence the outcome of any given Contract before a recommendation of award to the City Council is strictly prohibited. The Director of Procurement will review alleged violations of this prohibition. If the Director of

Procurement determines that such a communication has compromised the competitive process, the Proposal submitted by that

Proposer may be disqualified from consideration for award, and that

Proposer may, among other things, be placed on the ineligible source list. Violations of this prohibition may also be subject to prosecution under federal, state, or local laws. City of South Fulton employees, officials, and their family members are prohibited from seeking, requesting, or receiving any material payment, gift, job offer, security, promise of future benefit, or any other tangible or intangible https://www.bidnetdirect.com/georgia/cityofsouthfulton thing of value when such receipt has the potential to influence a procurement decision or to gain unfair advantage in a procurement competition, and as outlined in Sec. 1- 9004 (d) of the City of South

Fulton Code of Ordinances and all other applicable policies.

12. Interview Process: The City reserves the right to request oral presentations as part of the evaluation process. If deemed necessary, shortlisted firms will be notified and provided with the date, time, location, and format requirements. Participation in an oral presentation, if requested, may be considered in the final evaluation.

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

14. Georgia Open Records Act: Information provided to the City is subject to disclosure under the Georgia Open Records Act, O.C.G.A.

§ 50-18-70 et. seq. Pursuant to O.C.G.A. § 50-18-72(a)(34), “[a]n entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article

27 of Chapter 1 of Title 10 [O.C.G.A. § 10-1-760 et seq.]”. The City shall not be obligated to defend or assert on behalf of a Proposer any claim of confidentiality, trade secret, or exemption from disclosure. Any materials submitted in response to this Solicitation may be disclosed as required by applicable law. The Proposer shall be solely responsible for clearly identifying any information for which confidentiality is asserted and for supporting such assertion in the manner required by law.

15. Insurance Requirements: The Insurance requirements for any

Contract that may be awarded pursuant to this RFP are set forth in

Attachment C: Insurance Requirements. Proposer must provide a copy of a current certificate of insurance evidencing any existing commercial general liability policies issued for Proposer, if any. For purposes of this section, “Proposer” shall mean an individual, corporation or other corporate entity submitting a Proposal in connection with this solicitation, including each Joint Venture partner if Proposer is a Joint Venture. The successful Proposer shall maintain, and shall cause its subcontractors to maintain as applicable, insurance coverages and limits satisfactory to the City, including without limitation commercial general liability, automobile liability, workers’ compensation, employer’s liability, umbrella or excess liability, builder’s risk if required by the Contract Documents, and professional liability coverage for any delegated design services. All required insurance shall remain in force for the periods specified in the Contract Documents. The City’s acceptance of certificates of insurance shall not waive or limit the Contractor’s obligations under the Contract.

16. Subconsultants and Manufacturers: Proposers are required to submit, in writing, the addresses of any proposed Subconsultants or equipment manufacturers listed in the Proposal and may be required to submit other material information relative to proposed

Subconsultants. The City reserves the right to disapprove of any proposed Subconsultants whose technical or financial ability, or resources, or experience are deemed inadequate.

17. Examination of RFP Documents:

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

Proposal.

17.2 Each Proposer shall promptly notify the City in writing

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

17.3 The City may in accordance with applicable law, by

Addendum, modify any provision or part of the RFP at any time prior to the Proposal due date and time.

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

17.5 The City may waive minor informalities or irregularities in a

Proposal only to the extent such waiver does not affect price, quality, quantity, delivery, competition, or the relative standing of Proposers. Additionally, the City reserves the right to cancel the RFP in its entirety.

17.6 The City of South Fulton may disqualify Proposals as a result of, but not necessarily limited to, the following reasons:

17.6.1 Failure to follow the City of South Fulton’s proposal schedule.

17.6.2 Failure to return applicable compliance and/or specification sheets.

17.6.3 Failure to return applicable addenda.

17.6.4 Failure to provide information on alternates or

equivalents, when allowed.

17.6.5 Failure to provide insurance when specifically

stated will result in automatic rejection.

17.6.6 Failure of Proposer to sign all requested documents.

17.6.7 Failure to submit Proposal by deadline.

17.6.8 Failure of Proposer to extend prices.

17.6.9 Failure to hold firm pricing.

17.6.10 Failure to meet specified delivery requirements.

17.6.11 Prices for services or items that exceed the

department's budgeted amount allowed for those items.

17.6.12 A proposal submitted by a Person on the Ineligible Source List.

17.6.13 A proposal which is non-responsive; and/or

17.6.14 A proposal may be rejected where the City determines, based on documented facts and applicable law, that pending or prior litigation is materially related to contract performance, business integrity, responsibility, or the Proposer’s present ability to perform the Work.

18. Award and Execution of Contract: The proposer shall execute the agreement within the time specified by the City. If the apparent successful Proposer fails to timely execute the Agreement, furnish required bonds, insurance, affidavits, certifications, or other post-award submissions required by the Solicitation or the City, the City may, in its sole discretion, reject the Proposer, withdraw the notice of intent to award, retain any proposal security if applicable, and proceed to the next highest ranked responsive and responsible

Proposer or re-solicit the procurement. The City reserves all rights and remedies available at law or in equity.

19. Illegal Immigration Reform and Enforcement Act: This RFP is subject to the Illegal Immigration Reform and Enforcement Act of

2011 (Act), formerly known as the Georgia Security and Immigration

Compliance Act. Pursuant to Act, the Proposer must provide with its

Proposal proof of its registration with and continuing and future participation in the E-Verify Program established by the United States

Department of Homeland Security. Completed Contractor Affidavit, Illegal Immigration Reform and Enforcement Act Forms attached herein as Attachment B: Required Form Submittals must be submitted with the Proposal at the time of submission. Under State

Law, the City cannot consider any Proposal which does not include the completed form. Where the business structure of a Proposer is such that Proposer is required to obtain an Employer Identification

Number (EIN) from the Internal Revenue Service, Proposer must complete the Contractor Affidavit on behalf of, and provide a Federal

Work Authorization User ID Number issued to, the Proposer itself.

Where the business structure of a Proposer does not require it to obtain an EIN, each entity comprising the corporate entity must submit a separate Contractor Affidavit. It is not the intent of this notice to provide detailed information or legal advice concerning the Act. All

Proposers intending to do business with the City are responsible for independently apprising themselves of and complying with the requirements of the Act and assessing its effect on City solicitations and their participation in those solicitations. For additional information on the E-Verify program or to enroll in the program, go to: https://e-verify.uscis.gov/enroll. Additional information on completing and submitting the Contractor Affidavit can be found preceding this form in this RFP.

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

21. Conflict of Interest: Proposers are advised to read and familiarize themselves with the conflict-of-interest provisions of this RFP. The

City reserves the right to issue RFPs for specific projects that are independent of RFP# 26-20 Construction Manager at Risk (CMAR)

Burdett Park Walking Trails Project. Except as stated in this RFP, these Instructions, and the Notice to Proposers concerning Conflicts of Interests, successful Proposers under this RFP are not precluded from responding to such solicitations.

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

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

24. TITLE VI SOLICITATION NOTICE - The City of South Fulton, GA, in accordance with the provisions of Title VI of the Civil Rights

Act of 1964 (78 Stat. 252, 42 USC

§§ 2000d to 2000d-4) and the Regulations (28 CFR Part 42), hereby notifies all Proposers or offerors that it will affirmatively ensure that for any Contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded a full and fair opportunity to submit Proposals in response to this invitation and will https://e-verify.uscis.gov/enroll not be, on the grounds of race, color, or national origin, excluded from participation in, denied the benefits of, or subject to discrimination in consideration for an award for any program or activity that receives Federal funds or other Federal financial assistance.

25. Electronic Submission Option: T h e C i ty will accept electronic

Proposal Submissions via secure electronic procurement portal.

Electronic submissions must be received by the stated deadline.

26. Flexible Experience Requirements: Firms may demonstrate equivalent relevant experience listed in the minimum requirements, provided the Proposer can show clear relevance to the scope of work.

27. Encouragement of Partnerships: Small firms are encouraged to form joint ventures, subcontracting arrangements, or consortia to meet the requirements of this RFP. Prime Contractors are encouraged to include small businesses in their teams.

28. Build America, Buy America (BABA) – LWCF Requirements: This project is funded in whole or in part through the Land and Water

Conservation Fund (LWCF) and is therefore subject to the domestic preference requirements of the Build America, Buy America Act

(BABA), as implemented under the Infrastructure Investment and Jobs

Act and applicable guidance issued by the National Park Service.

28.1 BABA requirements apply to all construction, alteration, maintenance, or repair of infrastructure funded by LWCF. The

CMAR shall ensure compliance for all eligible project components, including but not limited to:

28.1.1 Walking trails and trail surfacing systems

28.1.2 Boardwalks, bridges, and structural elements

28.1.3 Site furnishings, lighting, and signage

28.1.4 Drainage, erosion control, and related civil

improvements

28.2 Definitions: For purposes of this solicitation, the following definitions apply.

28.2.1 Iron and Steel: All manufacturing processes, from

initial melting through coating, must occur in the

United States.

28.2.2 Manufactured Products: The product must be

manufactured in the United States, and the cost of U.S.-produced components must meet or exceed applicable federal thresholds.

28.2.3 Construction Materials: Includes non-ferrous metals, plastic and polymer-based products, glass, lumber, drywall, and other materials as defined in federal guidance.

28.3 Certification and Documentation:

The CMAR shall:

28.3.1 Obtain and maintain certifications of compliance from

all Contractors, subcontractors, and suppliers.

28.3.2 Maintain records of origin for all applicable materials incorporated into the project.

28.3.3 Provide documentation to the City of the South Fulton

upon request.

28.3.4 Ensure all subcontracts include (BABA) compliance

provisions.

28.4 Waivers:

28.4.1 Application of the requirement is inconsistent with the public interest.

28.4.2 Materials are not produced in the United States in

sufficient and reasonably available quantities or of satisfactory quality.

28.4.3 Inclusion of domestic materials will increase the cost of the overall project beyond allowable thresholds.

All waiver requests must be approved by the National Park

Service prior to incorporation of non-compliant materials.

Each proposer shall submit with its Proposal a preliminary domestic sourcing compliance plan identifying the

Proposer’s proposed approach to supplier outreach, material classification, documentation controls, subcontract flow-down enforcement, waiver identification, and verification of compliance for iron, steel, manufactured products, and construction materials. Failure to provide a materially adequate preliminary compliance statement may be grounds for a determination that the Proposal is nonresponsive.

RFP# 26-20 CONSTRUCTION MANAGER AT RISK

BURDETT PARK WALKING TRAILS PROJECT

SUBMITTAL CHECKLIST

1. Please use the following checklist to verify that all required information is included in your proposal.

2. It is the sole responsibility of each Proposer to ensure that their proposal is inclusive of all Submittals outlined below or elsewhere in this RFP.

3. Failure to submit any of the items below may cause rejection of the Proposal.

4. Proposers are required to submit responses to solicitations electronically online at https://www.bidnetdirect.com/georgia/cityofsouthfulton. The City will not consider any proposal that does not include completed Illegal Immigration Reform and Enforcement Act Affidavit Form(s).

REQUIRED DOCUMENTATION INITIAL IF

INCLUDED

1. PROPOSAL SOLICITATION FORM

2. ENTIRE PROPOSAL

3. SUBMITTAL CHECKLIST (THIS FORM)

4. ADDENDA (IF APPLICABLE)

5. PROPOSAL COST (ATTACHMENT D)

6. REQUIRED FORM SUBMITTALS (APPENDIX B)

NON-CONFLICT OF INTEREST

NON-COLLUSION AFFIDAVIT

ILLEGAL IMMIGRATION REFORM AND

ENFORCEMENT ACT – CONTRACTOR AFFIDAVIT

ILLEGAL IMMIGRATION REFORM AND

ENFORCEMENT ACT- SUBCONTRACTOR AFFIDAVIT

SUBCONTRACTOR INFORMATION FORM

ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS

DRUGFREE WORKPLACE CERTIFICATION

ISRAEL BOYCOTT CERTIFICATION

CERTIFICATION OF DISQUALIFICATION OR REMOVAL

GMP PRICING WORKBOOK

BID TABULATION

BURDETT PARK FILLABLE PRICING SUMMARY

Printed Name Title Date

Signature Firm Name

Email Address Phone Number

RFP# 26-20 CONSTRUCTION MANAGER AT RISK

BURDETT PARK WALKING TRAILS PROJECT

1. INTRODUCTION

The construction of this project is federally funded and shall comply with all federal requirements. The City is soliciting Proposals from qualified firms to provide Construction Manager at Risk (CMAR) services. Services shall include, but are not limited to, preconstruction services, design-assist support, Guaranteed Maximum Price (GMP) development, and construction phase services.

1.1 INTENT TO AWARD

The City intends to award the responsible and responsive Proposer whose proposal represents the best value to the City for RFP# 26-20 CONSTRUCTION MANAGER AT

RISK BURDETT PARK WALKING TRAILS PROJECT. Additionally, the City reserves the right to cancel the solicitation.

1.1.1 Responsibility - The determination of the Proposer’s responsibility will be made by the City based on whether the Proposer meets the following minimum standard requirements:

1.1.1.1 Has the appropriate and adequate technical experience required.

1.1.1.2 Has adequate personnel and equipment to perform the work expeditiously.

1.1.1.3 Ability to comply with the required or proposed delivery and installation schedule.

1.1.1.4 Has a satisfactory record of performance.

1.1.1.5 The ability of t h e Proposer to provide ongoing maintenance and/or service.

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

1.1.1.7 Such other factors the City deems to be pertinent to either the RFP or the Contract.

1.1.1.8 As a condition of award, the apparent successful Proposer shall certify that neither it nor its principals are debarred, suspended, proposed for debarment, or otherwise excluded from participation in federally assisted transactions.

The City may verify responsibility through the System for Award

Management and other responsibility sources prior to award and prior to approval of major subcontractors.

1.1.2 Responsiveness - The determination of the Proposer’s responsiveness will be made by the City based on consideration of whether the

Proposer has submitted complete Proposal documents meeting RFP requirements without irregularities, exclusions, special conditions, or alternative proposals for any item unless specifically requested in the

RFP.

1.2 TERM OF CONTRACT

The services under this Contract shall commence on the date specified in the Notice to Proceed issued by the City. The initial contract period shall extend for a duration of 270 days from the

Notice to Proceed. The Contract shall include a preconstruction phase and, if the Guaranteed

Maximum Price is accepted by the City, a construction phase. The schedule, milestone dates, and phase transition requirements shall be established in the Contract Documents and approved project schedule.

The contract shall terminate absolutely and without further obligation upon completion of the full scope of work, final inspection, and acceptance by the City, in accordance with O.C.G.A. §36-60-

13, unless terminated earlier as provided in this Contract. The construction phase shall not proceed unless and until the Guaranteed Maximum Price has been accepted by the City in writing and incorporated into the Contract through an authorized written instrument. The City shall have no obligation to accept any proposed Guaranteed Maximum Price. If the City determines, in its sole discretion, that a proposed Guaranteed Maximum Price is unreasonable, inadequately supported, inconsistent with the scope of Work, inconsistent with the project budget, or otherwise not in the

City’s best interest, the City may reject the proposed Guaranteed Maximum Price, direct further preconstruction services if authorized, negotiate revisions, suspend further phase transition, or terminate the Contract in whole or in part for convenience.

GMP Failure, Resubmission, and Phase Exit Rights. If the City rejects a proposed Guaranteed

Maximum Price, the City may, in its sole discretion, require the CMAR to revise and resubmit the

Guaranteed Maximum Price within the time stated by the City. The City shall have no obligation to continue preconstruction services indefinitely. If the CMAR fails, after written notice, to submit a Guaranteed Maximum Price that is timely, complete, adequately supported, commercially reasonable, and aligned with the approved scope, schedule, and budget, the City may suspend further preconstruction services, negotiate revised scope or pricing assumptions, terminate the preconstruction phase for convenience, terminate for cause if supported by the facts and Contract

Documents, or proceed with any other remedy available at law or in equity. No expectation, reliance, or entitlement to proceed into the construction phase shall arise unless and until the City accepts the Guaranteed Maximum Price in writing.

Notwithstanding the above, the Contractor shall remain responsible for:

1. Completion of any punch list items, corrections of deficiencies, and warranty obligations;

2. Any post-construction closeout activities, including submission of as-built drawings, operation manuals, or certifications, even if such activities extend beyond the initial contract period, provided they are authorized in writing by the City; and

3. Compliance with all applicable terms, conditions, and requirements set forth in this Contract, regardless of the contract expiration date.

The City reserves the right to extend the contract term in writing if additional time is necessary due to:

• unforeseen site conditions,

• weather delays,

• permit or regulatory approvals, or

• other circumstances beyond the control of the Contractor.

Time is of the essence with respect to all obligations under the Contract. The Contractor shall promptly notify the City in writing of any actual or anticipated delay, its cause, the portions of the

Work affected, proposed mitigation measures, and the projected effect on critical path activities.

No extension of Contract time shall be effective unless approved in writing by the City through an authorized change instrument.

Early Warning Obligation. The CMAR shall provide prompt written notice, and in no event later than five, (5) business days after becoming aware, of any event, condition, design issue, procurement issue, market condition, permitting issue, utility conflict, site condition, or other matter that could reasonably be expected to affect cost, schedule, quality, safety, insurability, grant compliance, or the feasibility of the anticipated Guaranteed Maximum Price. Each notice shall include the factual basis of the issue, the estimated impact, interim mitigation steps, and the

CMAR’s recommended corrective action. Failure to provide timely notice may be considered in evaluating requests for time or compensation to the extent permitted by law and the Contract.

1.3 SUBCONSULTANTS AND SUBCONTRACTORS

1.3.1 Proposer must ensure the responsibility standards for each of its Subconsultants and

Subcontractors as listed below and in each and every part of this RFP are met.

Verification must include documentation that each Subconsultant or Subcontractor meets the responsibility criteria required to perform the work including any professional license, certification, insurance requirements of this RFP, any governmental agency having jurisdiction over the matter, or any law or regulation pertaining to the work or requirements. Proposer must not furnish any statement, representation, or certification in connection with Subconsultants or Subcontractors that is materially false, deceptive, incorrect, or incomplete. Failure of the Proposer to provide information concerning the responsibility of any Subconsultant or Subcontractor may result in a finding that the

Proposer is not responsible.

1.3.2 All proposed Subconsultants and Subcontractors must be listed in the Proposer’s response. Proposer must ensure that all proposed Subcontractors have adequate personnel, past experience, adequate facilities, finances, and business systems to perform the scope of services. The City reserves the right to approve all Subcontractors and

Subconsultants.

1.3.3 The Proposer must have the responsibility of verifying the existence, authenticity, and dates of expiration of all licenses required by all Subconsultants and Subcontractors engaged in the work of this RFP. The lack of a valid license from the Proposer or any

Subconsultant or Subcontractor shall be grounds for default, and for immediate termination for cause with prejudice as it relates to the Proposer, and the removal of any unlicensed entity from the project. In the event that Proposer, a Subconsultant or

Subcontractor is required to be licensed or certified as a condition precedent to providing goods or services under this RFP, the revocation or loss of such license or certification may result in immediate termination of the Proposer’s Contract effective as of the date on which the license or certification is no longer in effect.

1.3.4 All Subconsultants and Subcontractors must be approved by the City prior to performing. Proposer must receive written permission to add Subconsultants or

Subcontractors not initially submitted with Proposer’s response. Subconsultants and

Subcontractors shall not subcontract any portion of their work pursuant to this RFP without the written consent of the City. Failure of the Proposer to obtain from the City prior approval of each Subconsultant or Subcontractor performing work on the project may result in suspension of work by that Subcontractor, removal of work performed by unapproved Subcontractor(s) and all permissible sanctions against the Proposer.

1.3.5 The CMAR shall not award a subcontract on this Project to any firm that is debarred, suspended, or otherwise ineligible to participate in federally assisted transactions. The

Contractor shall conduct subcontractor procurement in a manner that is fair, competitive, and consistent with applicable federal requirements and the approved subcontracting procedures for the Project. The Contractor shall maintain complete records of solicitations, bidders contacted, proposals received, scope leveling, responsibility determinations, award recommendations, and the basis for selection. No subcontract award shall be made on a basis that creates an organizational conflict of interest, unfair competitive advantage, or unreasonable pricing exposure to the City.

1.3.6 Competitive Subcontracting Procedures. Unless the City approves an alternative procurement approach in writing for good cause shown, the CMAR shall solicit each material trade package from an adequate number of qualified firms to ensure full and open competition. The CMAR shall maintain written bid packages, bid logs, bidder outreach records, proposal tabs, scope leveling memoranda, responsibility analyses, and written award recommendations. The CMAR shall not engage in bid shopping, bid peddling, undisclosed post-bid scope transfers, or any practice that distorts fair competition or impairs price integrity. Upon request, and in all cases prior to award of a material trade package, the City may require submission of bid tabulations and supporting records for review and concurrence.

2. SCOPE OF SERVICES

The construction of this project is federally funded and shall comply with all federal requirements.

The City of South Fulton is seeking qualified Construction Manager at Risk (CMAR) firms to provide preconstruction, design-assist, GMP development, and construction services for the Burdett Park

Walking Trails Project. The project includes design-assist coordination, cost modeling, and construction of walking trail improvements. The Proposer will provide a Proposal for the scope of the project as defined in Appendix A, Scope of Services.

3. MINIMUM REQUIREMENTS - (PROPOSER RESPONSIBILITY)

3.1 Trail construction (clearing, grubbing, and grading)

3.2 Grading, drainage, erosion control, and embankment stabilization

3.3 Multiple trail surfacing alternatives (concrete, synthetic soft surfaces, natural turf, gravel fines, or similar)

3.4 Creek crossings, boardwalks, or small bridges

3.5 Accessibility improvements

3.6 Landscaping, signage, and trail (lighting, furniture, and trash receptacles) amenities

3.7 Associated civil/sitework required for durability and long-term performance

4. EVALUATION PROCESS

The following criteria will be used to evaluate Proposals:

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

Evaluation Administration and Authority. The Procurement Department shall administer this solicitation, receive and review submissions for administrative compliance, facilitate the evaluation process, maintain the official procurement record, and advise regarding responsiveness and responsibility. The Evaluation Committee shall evaluate and score Proposals in accordance with the criteria stated in this RFP. The authority to determine whether a Proposal is administratively compliant, responsive, and submitted by a responsible Proposer shall rest with the City through its

Procurement Department, in consultation with the Evaluation Committee and legal counsel as appropriate. No award recommendation shall be based on any unstated criterion. The procurement file shall document the basis for responsiveness determinations, responsibility determinations, evaluation results, competitive range decisions, discussions, clarifications, any Best and Final

Offers, and the basis for award.

The Evaluation Committee (EC) will be responsible for ranking and recommending the most qualified firm(s) to the City Council for the award. The process for this procurement may proceed in the following manner: The Procurement Department shall distribute Proposal materials to authorized evaluators and relevant City staff in accordance with the City’s evaluation procedures.

The existence of litigation, standing alone, shall not constitute grounds for disqualification unless expressly authorized by law and materially related to contract performance, integrity, or responsibility.

4.1 PRESENTATIONS or INTERVIEWS (if requested)

The City reserves the right to request Best and Final Offers (BAFOs) from one or more responsive and responsible Proposers determined to be within the competitive range. The competitive range will consist of proposals that the Evaluation Committee determines have a reasonable chance of being selected for award. The City also reserves the right to request presentations or interviews from one or more Proposers for the purpose of clarifying proposals or demonstrating service capabilities. The City may make an award based solely on written proposals without conducting presentations or interviews.

If the City elects to request BAFOs:

4.1.1 Proposers will be provided written notice identifying any revisions requested, including but not limited to pricing, service levels, or clarifications.

4.1.2 BAFO submissions shall be submitted by the date and time specified in the City’s request.

4.1.3 After receipt of BAFOs, the City may seek written clarifications but will not permit material revisions to proposals.

4.1.4 The City shall conduct discussions, clarifications, and any request for Best and Final Offers in a manner that preserves fair and equal treatment. The City shall not disclose one Proposer’s pricing, ranking, proprietary approach, or other source selection information to another

Proposer except as required by law.

4.1.5 BAFOs shall be evaluated based on the criteria set forth in this RFP.

Award, if made, shall be made to the responsive and responsible Proposer whose proposal, as modified by its BAFO (if requested), is determined to be most advantageous to the City.

The City reserves the right to make an award without requesting BAFOs.

The Evaluation Committee (EC) may provide a list of subject matter for the discussion. The individuals/firms will have equal time to present but the question-and-answer time may vary.

Proposers / Providers may be requested to demonstrate the nature of their offered solution to the

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

Procurement files.

PROPOSAL EVALUATION – SELECTION CRITERIA

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

REQUEST FOR PROPOSALS SCORING VALUE

MAXIMUM POINTS

Firm Experience and CMAR Qualifications

Project Team and Key Personnel

Technical Approach and Project Understanding

Past Performance and References

Price, Fee, General Conditions, Contingency Framework

MAXIMUM SCORING POINTS TOTAL 100

Price Evaluation Method. The Price, Fee, General Conditions, and Contingency Framework criterion shall be assigned a maximum of twenty (20), points. The Price Score for each responsive Proposal shall be calculated as follows:

Lowest Evaluated Price ÷ Proposer’s Evaluated Price × 20 = Price Score.

The City reserves the right to review pricing for completeness, internal consistency, mathematical accuracy, cost realism, and reasonableness. A Proposal may be rejected, downgraded under applicable evaluation criteria, or determined non-responsive where the City finds that pricing is materially unbalanced, inadequately supported, contains obvious errors not corrected through permitted clarification, shifts disproportionate value to later phases, or otherwise presents unacceptable performance or fiscal risk.

Price Realism and Allocation of Risk. In evaluating price, the City may consider whether the Proposal reflects a credible understanding of the scope, a reasonable allocation of general conditions, an appropriate contingency structure, and pricing assumptions that are internally consistent with the Proposer’s technical approach and schedule commitments. A Proposal may be downgraded, clarified, rejected as nonresponsive where legally permissible, or found to present unacceptable performance risk if the City determines that the price structure materially understates probable cost, front loads compensation, omits necessary scope components, or shifts unreasonable financial risk to the City.

In the event of any inconsistency between pricing forms, formulas, or descriptions in this Solicitation, this Price

Evaluation Method shall control.

For purposes of this evaluation, “Evaluated Price” means the total price determined by the City from the Proposal

Form, Cost Proposal Form, and any pricing elements expressly identified in this Solicitation for evaluation. No other pricing factors shall be used unless expressly stated in this Solicitation.

The City may conduct discussions, request clarifications, and seek best and final offers, provided that any such actions are undertaken fairly and consistently among Proposers within the competitive range. The City shall evaluate proposals solely in accordance with the criteria and relative weights stated in this Solicitation. No unstated criteria shall be used.

The City shall evaluate Proposals solely in accordance with the criteria and relative weights stated in this RFP. No unstated criteria shall be used. Geographic Neutrality. The City shall evaluate proposals without geographic preference. No proposer shall receive additional evaluation credit, preference points, or competitive advantage based on the location of its principal office, branch office, or other place of business.

Following the completion of evaluations, and subject to applicable law and the procedures stated in this Solicitation, the City may conduct negotiations with the highest ranked responsive and responsible Proposer concerning scope alignment, contract terms, pricing support, general conditions, contingency structure, risk allocation, schedule commitments, and other matters reasonably related to finalizing a Contract that is in the City’s best interest. No negotiation shall alter the basis of award in a manner inconsistent with the stated evaluation criteria or the integrity of the competitive process.

The City may establish a competitive range based on the relative ranking of Proposals and the City’s determination of which Proposals have a reasonable likelihood of being selected for award. No fixed numerical threshold shall be required unless mandated by applicable law or written City policy.

Once individual evaluator scoring sheets are completed, only mathematical consolidation is allowed.

Scoring Guidance.

For each non-price criterion, evaluators shall assign scores based on the degree to which the Proposal demonstrates low performance risk, technical adequacy, relevant experience, service capacity, and alignment with the City’s operational requirements. A score at or near the maximum shall reflect a Proposal that materially exceeds requirements and presents minimal performance risk. A mid-range score shall reflect a Proposal that meets requirements with moderate risk or limited supporting detail. A low score shall reflect a Proposal that fails to demonstrate capability, contains material weaknesses, or presents elevated performance risk.

Evaluator Narrative Requirement. For each scored criterion, each evaluator shall record a concise written justification identifying the principal strengths, weaknesses, deficiencies, risks, and discriminators supporting the score assigned. Numeric scoring shall be tied to the contents of the Proposal and to the stated evaluation criteria only. Conclusory statements, unstated preferences, personal familiarity, and information not contained in the procurement record shall not form the basis of scoring or ranking.

In scoring non-price criteria, evaluators may consider the extent to which the Proposal demonstrates executive oversight, decision-making discipline, proven performance on comparable federally assisted projects, strength of cost controls, subcontracting strategy, schedule reliability, risk identification, compliance systems, and overall likelihood of successful delivery with minimal claims, disputes, or change order exposure to the City.

Interview and Discussions

The City may establish a competitive range and conduct interviews, discussions, and proposal clarifications with one or more Proposers. The City may request revised proposals or best and final offers. Any such communications shall be documented in the procurement file and conducted in a manner that preserves fairness and the integrity of the competitive process.

If any statement in this Solicitation is inconsistent with the stated evaluation criteria, point values, evaluation methodology, or source selection procedures, the specific provisions in this Evaluation Process section shall control for purposes of evaluation and award.

Reservation of Rights

The City reserves the right to reject any or all proposals, to waive minor informalities and irregularities, to request clarification of any proposal, to seek best and final offers, to negotiate the final scope, fee, general conditions, contingency structure, and contract terms with the highest ranked Proposer, and to cancel this Solicitation if such action is determined to be in the City’s best interest.

APPENDIX A

SCOPE OF

SERVICES

1. SCOPE OF WORK (additional)

GENERAL: Burdett Park Walking Trails Construction Manager at Risk

The Proposer(s) shall provide preconstruction, design-assist, GMP development, and construction services for the Burdett Park Walking Trails Project located at Burdett Park. The project services will include construction management, oversight, and construction.

2. PURPOSE

The City of South Fulton is soliciting competitive sealed proposals from qualified firms to provide

Construction Manager at Risk services for the Burdett Park Walking Trails Project, including preconstruction services, design assist, cost modeling, Guaranteed Maximum Price development, and construction phase services. Award will be made on a best value basis in accordance with the evaluation criteria set forth in this Solicitation.

3. PROJECT DELIVERY METHOD

This project will utilize Construction Manager at Risk (CMAR) with Design Assist

The CMAR will:

• Provide preconstruction and design-assist services

• Develop open-book estimates using the City workbook

• Submit a Guaranteed Maximum Price

• Construct the project only after the Guaranteed Maximum Price has been accepted by the City in writing and incorporated into the Contract by authorized amendment or other written instrument acceptable to the City

4. ORGANIZATIONAL CONFLICTS OF INTEREST

The Proposer shall disclose any actual, apparent, or potential organizational conflict of interest that could provide the Proposer with an unfair competitive advantage or impair the Proposer’s objectivity in performing the Work.

No Proposer may obtain a competitive advantage by participating in the preparation of this

Solicitation, developing evaluation criteria, drafting proprietary specifications, or influencing the scope of work in a manner that restricts competition.

If selected, the CMAR’s design assist and preconstruction deliverables shall be prepared for the

City’s benefit and shall not create exclusive informational access that prejudices fair competition at any later stage of procurement.

The City reserves the right to determine whether a conflict of interest exists, to require mitigation measures, to require recusal of conflicted personnel, or to deem a proposal nonresponsive or a

Proposer non-responsible where the conflict cannot be adequately mitigated.

Ongoing Duty to Update and Remedy. The disclosure obligation in this section is continuing. The

Proposer and, if awarded, the CMAR shall supplement its disclosure within five (5), business days after learning of any new fact, relationship, financial interest, personnel change, or circumstance that creates or could create an actual, apparent, or potential organizational conflict of interest. The

City may require additional facts, written mitigation commitments, information barriers, personnel reassignment, recusal, divestiture of conflicting interests, or other measures reasonably necessary to protect the integrity of the…