RFP21-11 Managed VOIP Solution

RFP 21-11

Request for Proposals - RFP 21-11

Managed VOIP Solution

Issue Date: Friday, September 3, 2021

Questions due by: Friday, September 17, 2021, at noon.

Proposal Due Date: Tuesday, September 28, 2021, at 2 p.m.

Work will commence no later than December 1, 2021

Table of Contents 1 Introduction

2 General Information

2.1 Background

2.2 Purpose of Procurement

3 Scope of Work

3.1 General Requirements

3.2 Preferable Features

3.3 Value Added Products and Services

4 Proposal Format

4.1 Economy of Presentation

4.2 Proposal Submission

4.2.1 Technical Proposal

4.2.2 Cost Proposal

4.3 Proposal Content

4.3.1 Technical Proposal Content

4.3.2 Cost Proposal Content

5 Evaluation Criteria

Proposal Form

7 Instruction to Bidders

7.1 Intent

7.2 General

7.3 Environmental Sustainability

7.4 Examination of Proposal/Contract Documents

7.5 Addendum(s)-Changes While Proposing

7.6 Preparation of Proposals

7.7 Proposal Guaranty

7.8 Delivery of Proposals

7.9 Communications Regarding Evaluation of Proposals

7.10 Withdrawal of Proposals

7.11 Disqualification of Bidders

7.12 Rejection of Irregular Proposals

7.13 Notice of Intent to Award Contract

7.14 Responsibility of Bidders

7.15 Guaranty of Faithful Performance

7.16 Power of Attorney and Countersignature

7.17 Execution of Contract

7.18 Georgia Sale Tax

7.19 Subcontracts

7.20 Familiarity with Laws

7.21 Security

7.22 Minority and Woman Business Enterprise (“MWBE”) Participation

7.23 Local Developing Business (“LDB”) Participation

7.24 Insurance

7.25 Proposal Errors

7.26 Compliance with Occupational Safety and Health Act

7.27 Performance Standard

7.28 No Proposals

7.29 Public Records/Public Meetings

8 General Conditions

8.1 Scope of Work

8.2 Regulations

8.3 Work Hours

8.4 Contractor’s Personnel

8.5 Performance Requirements

8.6 Confidential Information

8.7 Use of Premises

8.8 Safety and Protection

8.9 Compensation - Invoice and Payment for Services

8.10 Compliance with Laws and Regulations

8.11 Contractor's Liability

8.12 Indemnification and Insurance

8.13 Surety Bonds/Letters of Credit/Liability Insurance

8.14 Contract Adjustments

8.15 Subcontractors

8.16 Default and termination

8.17 City's Authorized Representative

8.18 Assignment

8.19 Notices

8.20 Nondiscrimination

8.21 Copying Documents

8.22 General Provisions

Appendix A - No Response to Request for Proposals

Appendix B - Affidavit

Appendix C –Cost Table

Appendix D –Technical Table

Appendix E – Examples of Previous Work with Similar Operations and Clients

1 Introduction The City of Dunwoody (hereinafter called “the City”) welcomes sealed proposals for RFP 21-11 Managed VOIP Solution. The City will consider service providers whose proposals meet the criteria established in the Request for Proposal. The City may directly negotiate final terms with the selected service provider(s). The City reserves the right to reject any or all responses for any reason. The City may also request clarification of information from any responding Contractors. Work will commence no later than December 1, 2021.

Contractors wishing to bid must submit complete and concise proposals in a sealed package, which shall be clearly marked “John Gates, Purchasing Manager – Confidential RFP 21-11 Managed Voip Solution.” Within the proposal package, Bidders shall submit a separately sealed TECHNICAL proposal and separately sealed COST proposal prepared according to the instructions provided in this RFP. The City must receive proposal packages no later than Tuesday, September 28, 2021, at 2 p.m., at which time all technical proposals will be publicly opened. Proposals will not be accepted if sent by facsimile or e-mail. The City will not consider proposals received after the time and date specified for the opening; the City will return late proposals unopened. Furthermore, proposals are legal and binding when submitted.

Contractors shall submit all questions regarding Purchasing RFP 21-11 via email only to Purchasing@dunwoodyga.gov no later than Friday, September 17, 2021, at noon. The City will post answers to submitted questions pertaining to this RFP on the Purchasing page of the City’s website.

Proposals should be clearly marked on the outside packaging with “John Gates, Purchasing Manager – Confidential RFP 21-11 Managed VOIP Solutions” and addressed as follows:

John Gates, Purchasing Manager Confidential – RFP 21-11 Managed VOIP Solutions

City of Dunwoody 4800 Ashford Dunwoody Rd, Second Floor

Dunwoody, GA 30338

Contractors may not withdraw their proposal for a period of one hundred and eighty (180) days after the time and date scheduled (or subsequently rescheduled) for proposal opening. The City’s staff will review all proposals submitted before the required deadline. The City, at its sole discretion, may short-list companies that the City deems best meet the requirements, taking into consideration all criteria listed in the RFP. The City may at its sole discretion, ask for formal presentations from all the responsive, and responsible, Bidders or only from those companies that are short-listed.

To support a non-biased evaluation of submitted proposals, the City is requesting Bidders to submit their proposals in two (2) clearly labeled separate SEALED envelopes. The first envelope shall include the TECHNICAL proposal, containing one (1) printed and signed original and one (1) electronic copy in searchable/printable PDF. The second sealed envelope shall include the COST proposal, containing one (1) original printed copy signed by an authorized representative and one (1) electronic copy.

The technical proposal envelope should only contain the Bidder’s technical response (and must include the Appendix D –Technical Table); the City will not evaluate any additional material. The outside of this envelope must be clearly labeled with the Bidder’s organization name, address, contact information and clearly labeled (RFP) 21-11 Managed VOIP Solution TECHNICAL Proposal.

The cost proposal envelope should only contain the Bidder’s cost proposal (and must include the mailto:Purchasing@dunwoodyga.gov

Appendix C –Cost Table); the City will not evaluate any additional material. The outside of the cost proposal envelope must be clearly labeled with the Bidder’s organization name, address, contact information and clearly labeled (RFP) 21-11 Managed VOIP Solution COST Proposal.

All proposals may be subject to public inspection under Georgia law.

The City will score all technical proposals first and then evaluate cost proposals. Following the review of the technical proposals, the City will review Bidders’ cost proposals and calculate the final score for each proposing Bidder. The City reserves the right to review only the cost proposals from the highest ranked vendors who demonstrated, in the City’s option, the best ability to meet the needs of the City.

The City may negotiate with the highest-ranking vendor for each service area. Negotiations may take place in person, via zoom teleconference, or via telephone with the qualified company(s) as identified by the City, or if short-listing occurs, the City may negotiate with some or all of the short-listed Bidders. The City may give Bidders an opportunity to submit their best and final offers, which shall include a contract signed by the Bidder. The City of Dunwoody requires pricing to remain firm for the duration of the contract. Failure to hold firm pricing for the duration of the contract will be sufficient cause for the City to declare a proposal non-responsive.

The Bidder awarded the Contract must provide proof of liability insurance, along with any other required insurance coverage and evidence of business or occupational license, as outlined in the RFP.

The City reserves the right to waive any informalities or irregularities of proposals, to request clarification or information submitted in any proposal, to request additional information from any Bidder, or to reject any or all proposals and to re-advertise for proposals. The City also reserves the right to extend the date or time scheduled for the opening of proposals. Award, if made, will be to the responsible and responsive Bidder submitting the proposal, deemed by the City, in its sole discretion, to be the most advantageous to the City, price and other factors considered.

To ensure the proper and fair evaluation of proposals, the City prohibits any communication, except as expressly authorized herein regarding this solicitation initiated by a Bidder or its agent to an employee of the City evaluating or considering the proposal during the period of time following the issuance of the RFP, the opening of proposals and prior to the time a final decision (vote) has been made with respect to the Contract award.

A designated employee or representative of the City who is not a member of the selection team may initiate communication with a Bidder to obtain information or clarification needed to develop a proper and accurate evaluation of the proposal. Any communication initiated by Bidder regarding this solicitation during evaluation period should be submitted in writing, marked CONFIDENTIAL and delivered to John Gates, Purchasing Manager, 4800 Ashford Dunwoody Rd, Dunwoody GA 30338, or by e-mail to Purchasing@dunwoodyga.gov. Unauthorized communication by the Bidder shall disqualify the Bidder from consideration.

2 General Information

2.1 Background

The City of Dunwoody is an incorporated city (2008) on the north side of metro Atlanta with a 2010 census population of 46,267. It is a scenic community with many of the metro areas top dining, shopping, schools, and recreation. The City of Dunwoody is settled at the most northern tip of DeKalb County, bordered by Fulton County on the north and west, Interstate 285 to the south, and Gwinnett County on the northeast. Dunwoody is home to a large high-end shopping mall (Perimeter Mall), a significant amount of Fortune 500 companies, and an affluent residential base. The City is fortunate to have strong neighborhoods, a variety of places of worship and several neighborhood level shopping centers and office complexes. The road network and public transit provide easy access to Buckhead, Midtown, Downtown, and Hartsfield Jackson International Airport. Dunwoody is regarded as a family friendly and convenient location for businesses and visitors.

The City functions under the governance of a City Council and the management of a City Manager. The City provides municipal services to its citizens and businesses in a unique and progressive manner through a partnership with private companies. From the initial incorporation, the City has operated as a public‐private partnership (PPP), with a vast majority of City staff employed by private companies where the City has determined that the PPP model adds value, flexibility, promotes competition, builds accountability, and provides the highest level of customer service to the citizens of the City.

2.2 Purpose of Procurement

The existing Cisco based Call Manager System is reaching end of life and limited by antiquated, on-premises, server functionality. The purpose of this RFP is to move to a cloud-based (or equivalently available), integrated, universal state-of-the-art system that will drastically enhance the City’s communications resources.

* * * END OF GENERAL INFORMATION * * *

3 Scope of Work

3.1 General Requirements

The City of Dunwoody is requesting written proposals from qualified vendors for the implementation of a comprehensive VOIP Solution. Vendors submitting proposals should have adequate prior experience working with local government. Vendors should include an explanation of implementation plan including process reviews and proposals should meet the following requirements (full list of features and functions are located in Appendix D – Technical Table):

1. Fully managed VOIP Solution,

2. High reliability, availability, and built-in redundancy utilizing internet SIP lines in designing failover features easily scalable across a multisite environment,

3. VOIP System redundancy, disaster recovery, business continuity in the event of a network, power outage or other local disruptive, unplanned event,

4. User-Friendly, easily programmable, customizable equipment or resources for both administrative managers and end-users,

5. LDAP/Active Directory integration, single sign-on, unified messaging, text messaging, O365 and Microsoft Teams integration, voice and video conferencing, voicemail to email, single number reach, and conference bridge capabilities,

6. Advanced system features including call queues, scalable auto-attendant capabilities, after hours and holiday programming, system times, music on hold, and phone paging,

7. Administrative attendant console and user tools for managing high call volumes, missed calls, transfers, and employee in/out, DND appearances,

8. Mobility of phones with the ability to function through VPN to on premise or Cloud including reliable and quality wireless headsets and mobile equipment,

9. Phone and Voicemail systems must be easily integrated and proven to perform reliably together,

10. Windows Desktop application that acts as a softphone for calling, texting, voicemail, and setting various status,

11. Centrally managed web-based portal for managing and viewing configurations, reports and metrics for total usage, per department, per user, calls, recordings, etc.,

12. Proactive platform, device, resource, consumption/health monitoring and support systems,

13. Compatibility with traditional facsimile machines or offer e-fax services to augment the need for traditional facsimile machines,

14. On-demand and continuous recording options for different phone lines with the ability to enable, retain, and access associated call metadata,

15. Dedicated, Trained Tier I/II US-Based 24x7x365 Technical Support and 8x5x260 Account Management Team

16. System-wide training program for End-Users and System Administrators,

17. Ability for end users to manage their extension, greeting, voicemails, calls, texts, forwarding, and other related unified communications from the mobile app.

3.2 Preferable Features

The City has the following preferences for consideration:

1. Compatible with existing CISCO 7841 and 7821 phones,

2. Compatible with existing Eleveo zoom recording application.

3.3 Value Added Products and Services

Include any additional products and/or services available that vendor currently offers in their normal course of business that is not included in the scope of this RFP that you think will enhance and add value to the product.

The vendor shall demonstrate the ability to complete all tasks outlined in this RFP and provide examples of successfully completed projects of a similar nature. The vendor shall agree to an explanation of implementation plan including process reviews with departments.

* * * END OF SCOPE OF WORK * * *

4 Proposal Format

4.1 Economy of Presentation

Each proposal shall be prepared simply and economically, providing straightforward and concise delineation of Bidder’s capabilities to satisfy the requirements of this RFP. Emphasis in each proposal must be on completeness and clarity of content. To expedite the evaluation of proposals, it is essential that Bidders follow the format and instructions contained herein. The City factors the proposal itself when considering the Contractor’s ability to deliver high quality services.

4.2 Proposal Submission

To support a non-biased evaluation of submitted proposals, the City is requesting Bidders to submit their proposals in two (2) individually sealed envelopes, one being the TECHNICAL proposal and the other being the COST proposal. Bidders shall submit the technical and cost proposal envelopes in one (1) sealed and marked package sent to the designated address but in separate envelopes within that package. The City will score all technical proposals first before evaluating the Cost proposal. Once the City evaluates all technical and cost proposals, the evaluation team will calculate the final score for each proposing Bidder for each service area.

4.2.1 Technical Proposal

The technical proposal envelope shall contain the following:

• One (1) signed original; and

• One (1) electronic copy on a flash drive, in searchable PDF

The outside of the technical proposal envelope must be clearly labeled with the Bidder’s organization name, address, contact information and labeled (RFP) 21-11 Managed VOIP Solution TECHNICAL Proposal. The technical proposal envelope should only contain the Bidder’s technical response.

The technical proposal envelope should contain, at the minimum, Appendix D –Technical Table, showing the required functions with an explanation of service. The City will not evaluate any additional material submitted by the Contractor.

4.2.2 Cost Proposal

The cost proposal envelope shall contain only the following:

• One (1) printed and signed original; and

• One (1) electronic copy on a flash drive, in searchable PDF.

The outside of the cost proposal envelope must be clearly labeled with the Bidder’s organization name, address, contact information and labeled (RFP) 21-11 Managed VOIP Solution COST Proposal.

The cost proposal envelope should contain, at the minimum, Appendix C –Cost Table, showing the costs associated with providing services for all service areas proposed.

Bidders should also provide detailed costing information for each service area for which they respond. In addition, Bidders should provide hourly rates for all team members for any additional related services that may be required beyond the scope of this RFP, if relevant. The City will not evaluate any additional material submitted by the Contractor.

4.3 Proposal Content

The City expects technical and cost proposals to be well organized. A table of contents is required in the technical proposal. The table of contents should include, at a minimum, all listed items in the sequence indicated below in section 4.3.1 Technical Proposal Content. In each section of the proposal, Bidders should address the items in the order as listed in the RFP. Forms provided in the RFP must be completed and included in the appropriate section of the proposal.

The technical and cost proposals shall include the following.

4.3.1 Technical Proposal Content

Below is an outline of what the Technical Proposal should include. Bidders shall use tabs that clearly mark section headings, and if submitting combined bids for multiple service areas clearly divide separate service areas within each section. Bidders shall submit the technical proposal in a separately sealed envelope as specified in the section 4.2.1 of this RFP.

The Technical Proposal Content may NOT exceed fifty (50) total 8 ½ x 11 pages not including anything in the appendices, some of which are part of the cost proposal. Proposers are allowed to submit supplementary material above the fifty-page limit in an Appendix E – Examples of Previous Work with Similar Operations and Clients, but that information may or may not be read by reviewers and will not be considered part of the official proposal.

To aid in thorough and consistent review, Contractors shall organize and number the proposal to correspond to the proposal outline provided below. Bidders should include a table of contents.

Failure to follow proposal format and content requested by this RFP may result in proposal disqualification.

4.3.1.1 Letter of Transmittal

A letter of transmittal that provides the following information must accompany each proposal:

• Identify the submitting organization.

• Identify the name, title, telephone number, and an e-mail address of the contact person of the organization.

• Include a statement acknowledging no Proposal may be withdrawn for a period of one hundred and eighty (180) days after the time and date of proposal opening.

4.3.1.2 Response to Scope of Work

Bidders shall respond in detail to the requirements listed in the scope of services lists in Scope of Work by completing Appendix D –Technical Table. Additionally, Bidders should respond to each item listed below by not merely affirming an item but rather expanding (concisely) how each scope item will be addressed throughout the duration of the Contract. Failure to address any item listed below may result in rejection of proposal.

• Clearly state your understanding of the service delivery objectives, work activities, and deliverables requested by this RFP.

• Describe your company’s approach and methodology to ensure delivery of high-quality services.

• Describe your company’s methodology to ensure collaboration with City staff to ensure an efficient implementation. Include a timeline for implementation assuming a start date no later than November 1, 2021.

• Describe your company’s approach to maintaining appropriate and timely communication with the City Manager and City staff requests.

• Describe your company’s methodology for ensuring timely completion of implementation to the new system.

• Provide and describe a list of any Bidder-supplied facilities, equipment, and supplies you anticipate using for this contract.

• Describe your company’s approach to support the City’s environmental sustainability goals.

4.3.1.3 Qualifications and Experience of Company and Staff

4.3.1.3.1 QUALIFICATIONS OF COMPANY AND STAFF

This section shall include information on the Bidder’s corporate organization (history, size, etc.), experience, and skills regarding the Bidder’s record of accomplishment, reputation, and past performance in providing services to municipalities of similar size and indicate the capabilities for the successful completion of this work. Furthermore, Bidders shall provide information pertaining to the following:

• Describe attributes, special capabilities, techniques, or resources that make your company uniquely qualified to provide requested services.

• Discuss your company’s involvement with similar projects at the federal, state, and/or local government levels.

• State whether the Bidder has any pending litigation, and state whether the company has had any litigation in the last five (5) years and the outcome of such litigation.

• The City reserves the right to verify Bidder’s financial statements and information provided to ensure that Bidder has the necessary financial resources to perform the contract in a satisfactory manner.

• A listing of ongoing similar contracts to this RFP that were in effect in the last 12 months in the State of Georgia. The list should include the contracting entity, area of contractual services (e.g.

City of Dunwoody) purpose of the contract, and summary of its operations.

• A listing of any staff that will be working on this project including a copy of their resume and/or qualifications.

4.3.1.4 References

Bidders shall submit three (3) references for similar projects. Bidders must provide a complete list of clients for which services comparable in scope and size to those requested in this RFP have been rendered, a brief description of the services rendered, the dates of services, and the name, address, telephone number and email of the prospective vendor's contact person in that agency. Reference contact must have agreed to provide a complete and uncensored testimony.

4.3.1.5 Required Forms

The City requests Bidders to complete, sign, and return as a part of the TECHNICAL proposal all forms that are attached to this RFP (with the exception of _________________________________________

Appendix C –Cost Table that should be a part of the COST Proposal).

4.3.1.5.1 TECHNICAL PROPOSAL:

• Executed Proposal Form (Proposal Form) which includes acknowledgement of any and all Addenda to this RFP

• Executed Affidavit Verifying Status for City Public Benefit (Appendix B - Affidavit)

• Appendix D –Technical Table

• The Technical Proposal which may NOT exceed fifty (50) total 8 ½ x 11 pages not including anything in the appendices, some of which are part of the cost proposal. Proposers are allowed to submit supplementary material above that in an Appendix E – Examples of Previous Work with Similar Operations and Clients, but that information may or may not be read by reviewers and will not be considered part of the official proposal.

4.3.1.5.2 COST PROPOSAL:

• Appendix C –Cost Table (to be submitted with Cost Proposal)

Failure to submit completed and signed forms may result in proposal rejection.

4.3.1.6 Appendices

Bidders may attach other materials that they feel may improve the quality of their responses. Each Bidder may, but is not required to, include additional references, resumes and any other materials deemed necessary, but not provided otherwise (such as promotional literature, etc.). Note that these materials may or may not be reviewed by all evaluators and shall not be part of the official evaluation except to the extent they support qualifications and experience of the Bidder.

4.3.2 Cost Proposal Content

Bidder shall provide a not-to-exceed price for all services indicated in this RFP. Pricing shall show Total for One-Time charges, Total Maintenance Fee for three (3) years, and a combined Total price as listed on the Cost Table form. Additionally, Bidder’s should complete the Cost Table in Appendix C to show the itemized pricing for each item included in the totals. The City of Dunwoody requires pricing to remain firm for the duration of the contract. Failure to hold firm pricing for the duration of the contract will be sufficient cause for the City to declare a proposal non-responsive. An authorized representative of the bidding company shall sign the cost proposal. Bidders shall complete all parts of _________________________________________

Appendix C –Cost Table.

* * * END OF PROPOSAL FORMAT * * *

5 Evaluation Criteria The City, in its discretion, may award the Contract to the responsible and responsive Bidder(s) submitting the proposal that the City deems is the most advantageous, price and other factors being considered. To facilitate efficient evaluation sessions, the City asks Bidders to strictly follow the format mentioned in the RFP under Proposal Format.

The City’s staff will review all proposals submitted. After reviewing the proposals, the City may, at its discretion, invite to interview (at Bidder’s expense) one or more of the Bidders whose proposals appear to best meet the City’s requirements. Interview responses along with the written proposal and samples (if any), will become part of Bidder’s submission evaluated pursuant to the evaluation criteria. The City reserves the right to short-list Bidders for further consideration.

1. Proposed Management Plan, Implementation, Integration, and Approach of Work

The Proposal shall outline the plan that the Bidder will use to provide the most effective delivery of services put forth by the City.

2. Company and Staff Qualifications

The Proposal must give a detailed report of related experiences that will demonstrate the ability of the Bidder to perform requested duties and provide the services as outlined in this RFP. The Proposal shall include the resumes of those qualified personnel proposed to work on the implementation of this project.

3. Cost Proposal Fee – (Submitted in a separate SEALED package from the technical proposal)

The Cost Proposal must be submitted upon the format identified and must include all professional service levels, including those services to be provided by Sub-Contractors.

4. Ability to meet the requirements of this RFP The technical table must be submitted and must include detailed responses for all 1, 3, and 5 responses as described in Appendix D –Technical Table.

5. References

Bidders shall submit three (3) references for similar projects and only three. Bidders must provide a complete list of clients for which services comparable in scope and size to those requested in this RFP have been rendered, a brief description of the services rendered, the dates of services, and the name, address, telephone number and email of the prospective vendor's contact person in that agency. Reference contact must have agreed to provide a complete and uncensored testimony.

6. Interviews (Optional)

At its option, the City may invite companies in for a presentation and interview.

Proposal Form City of Dunwoody, GA

RFP 21-11 Managed VOIP Solution

Company Name: __________________________________________________________________________________

The undersigned, as Bidder, hereby declares that this Proposal is in all respects fair and submitted in good faith without collusion or fraud. Bidder represents and warrants to the City that: (i) except as may be disclosed in writing to the City with its Proposal, no officer, employee or agent of the City has any interest, either directly or indirectly, in the business of the Bidder, and that no such person shall have any such interest at any time during the term of the Contract should it be awarded the Contract; and (ii) no gift, gratuity, promise, favor or anything else of value has been given or will be given to any employee or official of the City in connection with the submission of this Proposal or the City’s evaluation or consideration thereof.

The Bidder further represents that it has examined or investigated the site conditions if necessary, and informed itself fully in regard to all conditions pertaining to the place where the work is to be done; that it has examined the Contract Documents and has read all Addendum(s) furnished by the City prior to the opening of the Proposals, as acknowledged below, and that it has otherwise fully informed itself regarding the nature, extent, scope and details of the services to be furnished under the Contract.

The Bidder agrees, if this Proposal is accepted, to enter into the written Contract with the City in the form of Contract below (RFP 21-11 properly completed in accordance with said Proposal Documents), and the Contract Documents for RFP 21-11 Managed VOIP Solution, at the City of Dunwoody, and to furnish the prescribed evidence of a valid business license, insurance, and all other documents required by these Contract Documents. The Bidder further agrees to commence work and to perform the work specified herein within the time limits set forth in the Contract Documents, which time limits Bidder acknowledges are reasonable.

The undersigned further agrees that, in the case of failure or refusal on its part to execute the said contract, provide evidence of specified insurance, a copy of a valid business or occupational license and all other documents required by these Contract Documents within ten (10) business days after being provided with Notice of Intent to Award the contract (or such earlier time as may be stated elsewhere in these Proposal Documents), the Proposal award may be offered by the City to the next ranked Bidder, or the city may re-advertise for Proposals, and in either case the City shall have the right to recover from the Bidder the City’s costs and damages including, without limitation, attorney’s fees, to the same extent that the City could recover its costs and expenses from the Bidder under section 7.10 of the Instructions to Bidder if the Bidder withdrew or attempted to withdraw its Proposal.

The Bidder further agrees, if it fails to complete the scope of work according to the provisions within the scheduled time or any authorized extension thereof, that the City may deduct damages from the Contract price otherwise payable to the Bidder.

Acknowledgement is hereby made of the following Addendum(s) received since issuance of the Contract Documents (identified by number)

Addendum No. / Date

1. ________________________________________________________________________________________________

2. ________________________________________________________________________________________________

3. ________________________________________________________________________________________________

4. ________________________________________________________________________________________________

5. ________________________________________________________________________________________________

It shall be the responsibility of each Bidder to visit the City Purchasing Department’s website to determine if the City issued addendum(s) and, if so, to obtain such addendum(s). Failure to acknowledge an addendum above shall not relieve the Bidder from its obligation to comply with the provisions of the addendum(s) not acknowledged above.

Work will commence no later than November 1, 2021.

The City of Dunwoody requires pricing to remain firm for the duration of the term of the contract. Failure to hold firm pricing for the term of the contract will be sufficient cause for the City to declare bid non-responsive.

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

Termination for Convenience: The City may terminate this agreement for its convenience at any time upon 30 days written notice to the Consultant. In the event of the City’s termination of this agreement for convenience, the Consultant will be paid for those services actually performed. Partially completed performance of the agreement will be compensated based upon a signed statement of completion to be submitted by the Consultant, which shall itemize each element of performance.

Termination for fund appropriation: The City may unilaterally terminate this Agreement due to a lack of funding at any time by written notice to the Consultant. In the event of the City's termination of this Agreement for fund appropriation, the Consultant will be paid for those services actually performed. Partially completed performance of the Agreement will be compensated based upon a signed statement of completion to be submitted by the Service Provider, which shall itemize each element of performance.

The Contractor agrees to provide all work to complete the project described in this document for the amount listed in the Cost Proposal (submitted in a separate package).

Legal Business Name: ________________________________________________________________________________

Federal Tax ID: ______________________________________________________________________________________

Address: ___________________________________________________________________________________________

Email Address: ______________________________________________________________________________________

Telephone Number: ___________________________________/Fax Number: ___________________________________

Does your company currently have a location within the City of Dunwoody? Yes No

Will your company accept the City’s procurement card for payments from the City? Yes No

Representative Signature Date

Printed Name

7 Instruction to Bidders

7.1 Intent

It is the intent of these Instructions to establish guidelines for the proper completion of Proposal Forms. These Instructions to Bidders provide guidance and explanation for subsequent Proposal Forms and Contract Documents. Please read all Instruction paragraphs.

7.2 General

A. The City’s goal is that all the terms and conditions stated in the Proposal Documents will constitute the terms of the final Contract between the City and the successful Bidder, without significant or material change to such terms or conditions. Exceptions to any of the terms of the agreement to which a Bidder will not or does not agree must be presented prior to the deadline for submitting questions by the Bidder in writing as provided in this section and directed to Purchasing@dunwoodyga.gov. Such exceptions must be specific, and the Bidder must state a reason for each exception and propose alternative language. The purpose of the exception process is to permit the City to correct, prior to the opening of the proposals, any technical or contractual requirement, provision, ambiguity, or conflict in the RFP and related documents, which may be unlawful, improvident, unduly restrictive of competition, or otherwise inappropriate. Any corrections will be made via an addendum issued prior to the submission deadline. Unless timely submitted as an exception and amended with an addendum, any such ambiguity, conflict or problem shall be resolved in favor of the City of Dunwoody. Bidders shall not substitute entire agreements or sets of terms and conditions but discuss separately each term or condition that they take exception to or desire to change.

Bidders should resolve any language issues with the Contract prior to bidding and not assume language will be altered after bids are accepted.

B. The Contract work for each service area shall not be divisible, and shall be awarded, if an award is made, to a single Bidder. The City will award only one contract for each service area required under this Request for Proposals. If the successful Bidder intends to provide any services through another company, the successful Bidder must serve as the City’s prime Vendor and shall have full responsibility to the City for all obligations under the Contract.

C. A Bidder’s Proposal prices shall remain firm for the duration of the initial term of the Contract. Any anticipated increases in Bidder’s costs during the initial term of the Contract must be reflected in its prices set forth in its Proposal. The City shall not be obligated to renegotiate or increase any price for any work during the initial term of the Contract based on a Bidder's mistake or miscalculation of prices, underestimation of costs, or for any other reason. All the Bidder’s overhead costs, including, but not limited to, costs of travel and the required bonds and insurance coverage, shall be included in such Bidder’s prices listed in its Proposal.

D. The Contract, if awarded, shall not be construed to create unto the Vendor any exclusive rights with respect to any of the City’s requirements. The City may in its sole discretion award any additional or similar services to any third party, or if the Contract is for the provision of services, the City may elect to perform all or a portion of the services by its own employees.

E. There shall be no reimbursable or travel expenses associated with this project regarding any category or term. Without limiting the generality of the foregoing, all of the Bidder’s overhead costs related to travel shall be included in such Bidder’s prices in its Proposal.

F. The City will contract with the successful Bidder to provide services indicated in the Scope of Work throughout the duration of the Contract at the price submitted. The City will not price a contract for hourly rates.

7.3 Environmental Sustainability

The City of Dunwoody is committed to environmental sustainability. The City believes we have a unique opportunity to expand our leadership in the area of environmentally preferable purchasing, and through our actions, elicit changes in the marketplace. By further incorporating environmental considerations into public purchasing, the City of Dunwoody will positively impact human health and the environment, remove unnecessary hazards from its operations, reduce costs and liabilities, and improve the environmental quality of the region. As such, the City encourages the incorporation of environmental sustainability into proposals.

7.4 Examination of Proposal/Contract Documents

All prospective Bidders shall thoroughly examine and become familiar with the Proposal package and carefully note the items, which must be submitted with the Proposal. (These Instructions to Bidders, the Request for Proposals, the Proposal Forms, the Contract, the General Conditions, and the Scope of Work are referred to herein as the "Proposal Documents" or the "Contract Documents"). Submission of a Proposal shall constitute an acknowledgment that the Bidder has read and understands the Proposal Documents. The failure or neglect of a Bidder to receive or examine any Proposal Document shall in no way relieve it from any obligations under its Proposal or the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge or understanding of any of the Contract Documents or the scope of work.

7.5 Addendum(s)-Changes While Proposing

Other than during the Pre-Proposal Conference, the City shall not be required to provide to any Bidder verbal interpretations as to the meaning of any portion of the Proposal Documents. Requests for interpretation, clarification or correction of Proposal Documents, forms or other material in this Proposal Package should be made in writing and delivered to John Gates, Purchasing Manager, 4800 Ashford Dunwoody Rd, Dunwoody GA 30338 or by e-mail to Purchasing@dunwoodyga.gov no later than Friday, September 17, 2021 at noon. Any response by City to a request by a Bidder for clarification or correction will be made in the form of a written Addendum. All parties to whom the Proposal packages have been issued will be sent a notification of the issuance of an Addendum either by e-mail and/or by facsimile. The Addendum may be electronically downloaded by visiting either the City Purchasing Department’s website at the link below or by visiting Georgia’s Department of Administrative Services (DOAS) web site at the link below. Prior to submitting its response, it shall be the responsibility of each Bidder to visit the City Purchasing Department’s website to determine if addendum(s) were issued and, if so, to obtain such addendum(s).

https://www.dunwoodyga.gov/business/doing-business-with-the-city http://doas.ga.gov/state-purchasing/georgia-procurement-registry-for-local-governments

7.6 Preparation of Proposals

A. Proposals shall be submitted on reproduced copies of the attached Proposal Forms including any revised or additional Proposal Forms supplied by Addendum(s). If an award is made, the completed Proposal Forms shall constitute a part of the Contract Documents and will be incorporated in the final Contract between the mailto:Purchasing@dunwoodyga.gov https://www.dunwoodyga.gov/business/doing-business-with-the-city http://doas.ga.gov/state-purchasing/georgia-procurement-registry-for-local-governments

City and the successful Bidder. All blank spaces in the Proposal Forms should be filled in legibly and correctly in ink or type.

B. All Proposals shall contain the name and business address of the individual, company, corporation, or other business entity submitting the Proposal and shall be subscribed by either the individual, a general partner, a member of a member-managed LLC, a manager of a manager-managed LLC, or an authorized officer or agent of a Corporation or business entity and should be properly witnessed or attested. If any officer or agent other than the signatories described in the preceding sentence shall sign any Contract Document on behalf of the Bidder, the City should be furnished with satisfactory evidence of such officer’s or agent's authority to bind the Bidder with respect to the contents of the subject Proposal Documents so signed by him or her. If the Bidder is an LLC, the Bidder should submit with its Proposal its Articles of Organization or other evidence satisfactory to the City, indicating whether the LLC is member-managed or manager-managed, and indicating that the person executing the Proposal is authorized to bind the LLC.

C. If the Bidder is a partnership, joint venture, or sole proprietorship, the City, reserves the right to require the Bidder to submit to the City at any time the name and business address of each owner, principal, partner, or member of the Bidder having an ownership or management position with the Bidder.

D. If the Bidder is a corporation or other state-chartered business entity, the City reserves the right to require the Bidder to submit to the City at any time, the name and business address of each officer, director, and holder of 10% or more of the stock or other ownership interests of such corporation or other business entity. If the Bidder is a corporation, the Proposal should have the corporate seal affixed and include the name of the State in which it was incorporated. If the Bidder is a foreign corporation or other state-chartered business entity and is the successful Bidder, the Bidder will be required to submit evidence prior to the execution of the Contract, if awarded, that the corporation or other state-chartered business entity is authorized to do business in the State of Georgia and the City. If the Bidder elects to use a fictitious name in its Proposal, a copy of the Bidder's fictitious name registration should be provided to City.

7.7 Proposal Guaranty

A Proposal Guaranty shall not be required for this Contract.

7.8 Delivery of Proposals

A. All Proposals shall be submitted in sealed envelopes marked on the outside according to the requirements stated in the RFP. Each Proposal shall consist of an executed copy of the Proposal Form, along with all other documents or information required to be submitted pursuant to the terms of the Proposal Documents (together, the "Proposal"). The documents comprising the Proposal must be completed and signed on the forms provided herein, or on exact reproductions thereof.

B. All Proposals shall be submitted pursuant to the terms outlined in these Instructions to Bidders. Any Proposals received after the time and date specified in the Request for Proposals for the opening of the Proposals will not be considered but will be returned unopened.

C. Each Bidder’s response to the Request for Proposals shall be at the sole cost and expense of the Bidder and such Bidder shall have no right or claim against the City for costs, damages, or loss of profits. The Bidder shall have no right to recover such costs, damages, or expenses in the event the City exercises its right to reject any or all Proposals or to cancel an award pursuant to a provision hereof for any reason.

D. Submission of a Proposal shall constitute authorization for the City and its representatives and agents to make such copies of the Proposal or portions thereof and to distribute such copies as may be necessary or desirable to carry out the City's objectives or requirements.

7.9 Communications Regarding Evaluation of Proposals

To ensure the proper and fair evaluation of Proposals, the City prohibits any communication related to this contract and initiated by a Bidder or its agent to an employee of the City evaluating or considering the Proposal during the period of time following the opening of Proposals and prior to the time a decision has been made with respect to the Contract award. An employee or representative of the City who is not a member of the selection team may initiate communication with a Bidder in order to obtain information or clarification needed to develop a proper and accurate evaluation of the Proposal. Any communication initiated by Bidder during evaluation should be submitted in writing and delivered via e-mail to Purchasing@dunwoodyga.gov.

Unauthorized communication by the Bidder shall disqualify the Bidder from consideration.

7.10 Withdrawal of Proposals

No Proposal may be withdrawn after it is submitted unless the Bidder makes a request in writing and such request is confirmed as received prior to the time set for opening of Proposals. No Proposal may be withdrawn after the scheduled Proposal opening time for a period of one hundred eighty (180) days. Any Bidder withdrawing or attempting to withdraw its Proposal prior to the expiration of the one hundred eighty (180) day period shall be obligated to reimburse the City for all its costs incurred in connection with such withdrawal or attempted withdrawal including, without limitation, any increased costs for procuring the goods or services from another Bidder or all costs of advertising and re-procuring the goods or services, and all attorneys’ fees, in addition to payment of City’s other damages. A Bidder’s submission of a Proposal shall be deemed the Bidder’s acknowledgment of an agreement to the provisions of this Section.

7.11 Disqualification of Bidders

A. Any of the following causes may be considered as sufficient for the disqualification of a Bidder and the rejection of its Proposal:

1. Submission of more than one Proposal for the same work, or participation in more than one Proposal for the same work as a partner or principal of the Bidder, by an individual, company, partnership or corporation, under the same or different names, or by Bidders which are affiliates, either at the time of submittal, or at the time of award. This is not intended to prevent subcontractors or individual team members from negotiating with the primary Contractor to provide services. For purposes of this section, the term “affiliates” means companies, partnerships, corporations or other entities under common control.

2. Evidence of collusion between or among Bidders including, but not limited to, agreements not to compete for contracts with the City.

3. Evidence, in the opinion of the City, of Bidder(s) attempting to manipulate the Proposal pricing for its own benefit (e.g. pricing resulting in a failure of the City’s ability to enforce the Contract or impose the remedies intended following breach by Contractor);

4. Being in arrears on any of its existing contracts with the City or in litigation with the City or having defaulted on a previous contract with the City.

5. Poor, defective or otherwise unsatisfactory performance of work for the City or any other party on prior projects which, in the City's judgment and sole discretion, raises doubts as to Bidder's ability to properly perform the work or

6. Evidence of improper communication as described in section 7.9 above.

7. Any other cause which, in the City's judgment and sole discretion, is sufficient to justify disqualification of Bidder or the rejection of its Proposal.

B. The City has adopted a policy, which addresses, among other things, the obligations of the City's employees with respect to interest in business entities, unauthorized compensation, and acceptance of gifts. Please be aware that any act by a Bidder that could cause a City employee to violate the policy is sufficient cause for the denial of the right of the Bidder to propose on any contract or sell any materials,…