RFP24_013 Hurricane Helene Disaster Recovery .pdf

RFP 24-013 Consulting Services Page 1 of 36

CITY OF THOMSON, GEORGIA

REQUEST OR PROPOSALS

RFP #24-013

FOR

Consulting Services for Disaster Recovery and FEMA Public Assistance

For all questions about this RFP contact:

John Waller, City Administrator

John.Waller@Thomson-Mcduffie.gov

Deadline:

December 6, 2024 at 2:00 P.M.

RFP 24-013 Consulting Services Page 2 of 36

IMPORTANT

SUBMITTAL REQUIREMENT

Submittals must be properly labeled to ensure they are not inadvertently opened before the designated time. Affix the label below to the outside of the sealed submittal envelope or delivery package.

If the label below is not used (i.e. in case of some delivery services), it is the supplier’s responsibility to ensure that the information is on the OUTSIDE of the delivery package. Submissions that do not comply may be rejected.

Submittals must also include the required number of copies specified in section 1.2.

Please make sure either the label below or the information on the label appears on the OUTSIDE of the delivery package and is clearly visible. There may be multiple solicitations open at any given time and if the sender organization and RFP number are not discernable, your response may not be recorded as properly received.

RESPONSE SUBMITTAL

DELIVER TO:

CITY OF THOMSON

FINANCE DEPARTMENT

210 RAILROAD STREET

THOMSON, GA 30824

RFP/PROPOSAL #: 24-013

RFP/PROPOSAL NAME: Consulting Services for Disaster Recovery & FEMA Public Assistance

DUE ON OR BEFORE: Friday, December 6, 2024 at 2:00 PM

COMPANY NAME:

COMPANY ADDRESS:

CONTACT NAME:

CONTACT PHONE & EMAIL:

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1. SECTION I – REQUEST FOR PROPOSAL INFORMATION

PURPOSE

SCHEDULE & SUMMARY

SCOPE OF WORK

PACKAGING/SUBMISSION REQUIREMENTS

2. SECTION II – GENERAL TERMS AND CONDITIONS

RESTRICTIONS ON COMMUNICATIONS WITH STAFF

PUBLIC DISCLOSURE AND PROPRIETARY INFORMATION

3. SECTION III –OVERVIEW AND PROCEDURES

COMPANY BACKGROUND & EXPERIENCE

REFERENCES

BID REQUIREMENTS

INSPECTION AND ACCEPTANCE OF EQUIPMENT (FOR PURCHASE)

STATEMENT OF EXPERIENCE AND QUALIFICATIONS

NON-COLLUSION AFFIDAVIT

HOLD HARMLESS AND INDEMNIFICATION

BID BONDS (Bid, Performance, Payment)

4. SECTION IV – OTHER GENERAL SPECIFICATIONS

LIQUIDATED DAMAGES

FORCE MAJEURE

SUPPLIER'S INVOICE

TAX LIABILITY

PAYMENT

ESTIMATED QUANTITIES

ASSIGNMENT OR NOVATION OF CONTRACT

TERMINATION FOR CAUSE

TERMINATION FOR CONVENIENCE

TERMINATION FOR FUND APPROPRIATION

CHANGES

REPORTING DISPUTES

5. SECTION V –INSURANCE REQUIREMENTS

STANDARD INSURANCE REQUIREMENTS

OTHER INSURANCE PROVISIONS

6. REQUIRED IMMIGRATION/ENTITLEMENT AFFIDAVITS FOR GEORGIA

VENDOR/CONTRACTOR AFFIDAVIT

SUBCONTRACTORS

7. TITLE VI –AS APPLIED THROUGH THE CIVIL RIGHTS RESTORATION ACT OF 1987

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REQUEST FOR PROPOSALS

24-013

CONSULTING SERVICES FOR DISASTER RECOVERY AND FEMA PUBLIC ASSISTANCE

1. SECTION I – REQUEST FOR PROPOSAL INFORMATION

Information in this section is proposal-specific. Any conflicting information stipulated in this section shall supersede the

General Terms & Conditions noted in Sections II - VII.

PURPOSE

The City of Thomson (City) is seeking competitive sealed proposals from qualified organizations to provide professional consulting services for Disaster Recovery and FEMA Public Assistance in accordance with the specifications and conditions contained in the proposal. This proposal has been compiled for the purpose of providing information, requirements, guidelines, specifications, and other data that can be used by proposers who wish to submit a proposal for consideration. It is the intent to enter into a pre-event contract, which would result in no immediate cost to the City of Thomson, GA. The contractor shall provide all materials and services necessary in the performance of this proposal. The City of Thomson, GA does not guarantee a minimum value for this contract.

SCHEDULE & SUMMARY

This request for proposals will be governed by the following schedule and criteria:

DATES

Release of Request Wednesday, November 6, 2024

Pre-Bid Meeting* No

Questions due Wednesday, November 20, 2024

Bids due Friday, December 6, 2024 by 2:00 PM

Copies of Bid Response Required Four, in addition to one original

Public opening* Yes, Friday, December 6, 2024 at 4:00 PM

Bonds required Yes, Performance/Payment Bonds ONLY are required prior to contract (item 3.8)

City Administrator John Waller

Finance Director Kristal Singletary

SCOPE OF WORK

The City request proposals for assistance to support the City’s Disaster Recovery operations and FEMA Public Assistance preparation to expedite financial recovery and mitigation to minimize impacts from future disasters. This will include, but not limited to, reporting, and other consulting services associated with damages sustained as a result of any future disasters that may arise. The selected consultant shall possess demonstrated experience in disaster recovery programs, and have extensive knowledge and expertise in the operations of the Federal Emergency Management Agency’s (FEMA) Public Assistance (PA)

Program, Hazard Mitigation Program (HMP), and other federal and state programs to ensure full compliance with all applicable federal, state, and local laws, regulations, executive orders and FEMA requirements.

The executed contract will meet all rules for Federal grants, as provided for in Title 44 Code of Federal Regulations and

2CFR 200.317 through 200.236 and Appendix II.

1.3.1. GENERAL

CONTRACT SCHEDULE: The awarded contractor shall sign and deliver the negotiated

Agreement and such other required Contract documents to the City within ten (10) calendar days

RFP 24-013 Consulting Services Page 5 of 36 of the Notice of Award being received by the awarded contractor. Once the contract is executed between the City of Thomson, GA and the awarded contractor, the awarded contractor will be bound by the pre-event on call services contract to deliver the services required by this proposal.

The awarded contractor shall return The City of Thomson, GA must first approve any change in or substitution of team members, including any consultant, in writing.

QUALIFICATIONS: Proposals must include a cover letter, a description of the firm’s capabilities and services, a discussion of the firm’s expertise relative to the background and experience requirements contained herein, and resumes of qualified professionals who will be responsible for completing assigned tasks. This material should also be provided for key sub-consultants.

PRICING AND QUOTE PREPARATION: Bidders are encouraged to list any options or services it may provide that it feels might be of interest to the City, not included in base proposal price.

COMPENSATION: Due to the scope of this project, compensation shall be based on the selected firm’s rate schedule. Respondents are requested to provide a rate schedule with their proposal.

COST TRACKING: The services provided under this contract should be eligible for reimbursement as a direct administrative cost (reference Disaster Assistance Policy DAP9525.9, Section 324 Management Costs and Direct Administrative Costs and Recovery Policy 9525.14, Grantee Administrative Costs). To maximize the City’s ability to recover the cost of services provided under this contract, the Firm shall track time on a project by project basis. Invoices submitted to the City for payment must reflect this project by project breakdown and must provide sufficient backup documentation to ensure reimbursement eligibility.

COMPLIANCE WITH APPLICABLE LAW: The successful contractor must acknowledge that

FEMA financial assistance may be used to fund the contract, along with the requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. Further, the successful contractor must agree to comply with the applicable laws of the State of Georgia, local laws, regulations, codes, ordinances, and proclamations.

DEADLINE FOR QUESTIONS: Proposals that are uncertain as to terms, delivery, compliance requirements, and/or specifications, may be rejected or otherwise disregarded. Every effort has been made to ensure that all information needed is included in this proposal. If the proposer finds that it cannot complete its response without additional information, it may submit written questions to the issuing office on or before the deadline set forth herein. No further questions will be accepted after that date.

1.3.2. FEMA PUBLIC ASSISTANCE ADVISORY SERVICES

The Successful Contractor will be expected to provide FEMA Public Assistance Advisory Services, including, but not limited to, the following:

a. Provide guidance in recovering reimbursement for the repair/replacement of the loss of critical infrastructure;

b. Collaborate with City staff and others, as needed, on project formulation, including damage assessments, information gathering, project development, preparation of project worksheets, to the

Federal Emergency Management Agency (FEMA);

c. Attend all meetings with FEMA, state and insurance representatives, as well as, participate regularly with the City’s designated FEMA workgroup. The awarded firm will attend in-person meetings as required;

d. Identify and communicate risks within the City’s operation that could preclude its ability to optimize reimbursement;

e. Assist with the management of FEMA-administered and/or other Federal or State grants;

f. Assist the City in establishing pragmatic document control, establishing a file retention system and data management processes to ensure disaster records are complete and ready for audit;

g. Generate project extension requests and amendments when necessary, and any other reports or documents to ensure grant reimbursement eligibility is not de-obligated;

h. Provide engineering, planning and permitting as required as a result of damages from disasters within the City of Thomson. Note: A cost proposal will be required for any and all projects as they are identified;

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i. Develop and execute a process/system for the City, from inception through the project closeout, to prepare and submit its disaster recovery program; this is to include documentation, procurement, contracts, payroll, and grant submission support;

j. Develop and execute processes for obtaining, analyzing and gathering field documentation;

including, but not limited to, records related to procured goods and services, timekeeping, and force account labor and equipment; this should include processes for disaster debris monitoring services;

k. Develop improved and/or alternate project requests for FEMA and/or other Federal or State grants.

Develop Hazard Mitigation Strategies and Proposals, as appropriate;

l. Assist with the submission of first and second appeals to FEMA, as appropriate;

m. Possess the expertise to assist in the preparation of accurate PA emergency and permanent work project estimates including but not limited to cost estimating, developing detailed damage descriptions and dimensions, scope of work, and accurate force account labor and equipment summary reports; and

n. Coordinate and interface with engineering and design efforts for repair and/or construction of damaged facilities and infrastructure that will comply with FEMA eligibility and cost reasonableness determinations. Provide oversight of repair/construction efforts to ensure work complies with applicable Project Worksheets and related FEMA Public Assistance grant requirements and guidelines.

1.3.3. FINANCIAL PAYROLL (FORCE ACCOUNT LABOR) AND GRANT MANAGEMENT

The Successful Contractor will be expected to provide Financial Payroll and Grant Management services related to FEMA Public Assistance, including, but not limited to, the following:

a. Ensure City disaster recovery and restoration processes comply with laws, regulations and guidelines to maximize reimbursement for eligible disaster expenditures and to minimize timing for reimbursement;

b. Possess the expertise to assist in all disaster-recovery financial reimbursement and reporting processes required by FEMA, State or other agency. Ensure there are no duplications of submission if varying agencies are involved;

c. Possess the expertise to assist the City through FEMA, State (or other agency) guidelines to capture force account labor eligible expenses accurately for timesheets and project cost accounting. Assist in the review of City personnel policies to ensure compliance for eligible cost reimbursement;

d. Possess the expertise to assist the City through federal, state (or other agency) guidelines to ensure the capture of relevant data related to procured goods and services. Provide oversight of contractor’s billing to ensure all costs eligible for disaster grant funding are documented and claimed;

e. Perform interval review and reconciliation of actual project spending to ensure project costs are accurately captured.

1.3.4. PROCUREMENT AND CONTRACT MANAGEMENT OR MONITORING SUPPORT

The Successful Contractor will be expected to provide Procurement and Contract Management and/or

Monitoring Support services related to FEMA Public Assistance, including, but not limited to, the following:

a. Ensure City disaster recovery and restoration procurement processes comply with laws, regulations and guidelines as required by federal, state or other agencies;

b. Possess the expertise to assist in the review of City Purchasing policies to ensure compliance for eligible cost reimbursement;

c. Develop processes for ensuring compliance related to contract monitoring and contract close-out as required by federal, state, or other agencies; and

d. Ensure City documentation is sufficient to respond to audits and reviews.

1.3.5. INFORMATION TECHNOLOGY & DATA MANAGEMENT

The Successful Contractor will be expected to provide Information Technology and Data Management services relative to the City’s FEMA public assistance request, including, but not limited to, the following:

a. Possess the expertise to assist City staff in the development of IT solutions that support the management and implementation of disaster recovery programs;

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b. Develop processes for the City to properly collect data and document information as necessary to optimize compliance with federal, state, or other agencies; and

c. Ensure City documentation is sufficient to respond to audits and reviews.

1.3.6. INSURANCE AND OTHER FUNDING SUPPORT

The Successful Contractor will be expected to provide services for insurance assessment and assessment of funding support relative to the City’s FEMA public assistance request, including, but not limited to, the following:

a. Review and understand the City’s insurance coverage in order to ensure the City’s disaster recovery and restoration processes comply with laws, regulations and guidelines as required by federal, state, or other agencies;

b. Develop process to assist the City in routing eligible expenses correctly, including insurance coverage guidelines;

c. Possess the expertise to assist the City with identifying other disaster recovery funding opportunities, including Community Development Block Grant Disaster Recovery programs; and

d. Ensure there are no duplications of funding or submissions if varying agencies are involved.

1.3.7. HAZARD MITIGATION SUPPORT

The Successful Contractor will be expected to provide services for hazard mitigation support relative to the

City’s FEMA public assistance request, including, but not limited to, the following:

a. Provide expertise in identifying, developing and evaluating opportunities for the development of hazard mitigation programs to reduce or eliminate risk from future events;

b. Possess the expertise to assist the City in preparing relevant documentation and analysis related to hazard mitigation grant programs; and

c. Ensure City hazard mitigation programs comply with laws, regulations and guidelines as required by federal, state or other agencies.

1.3.8. EMERGENCY MANAGEMENT SUPPORT SERVICES

The Successful Contractor will be expected to provide Emergency Management Support Services and must possess expertise related to post-disaster recovery continuity of operations, training, development of teams, monitoring, review and test of plans related to future events.

1.3.9. CFR 200 COMPLIANCE LANGUAGE – PROCUREMENTS

While assisting the City with project procurements or in the event the vendor must procure additional resources post-contract award, the awarded Proposer will strictly adhere to 2 CFR 200 procurement rules.

This includes adhering to the strictest provisions of Federal, State, and Local Procurement Rules, Regulations and/or Ordinances, etc.

1.3.10. VENDOR BILLING

The successful contractor will be engaged in direct project work; therefore, indirect billing is not anticipated and must be pre-approved by the City. All direct project costs will be concisely billed to specific project codes established by the City. Vendor invoices will be categorized by project code and must include:

Name

Position

Billing Rate

Total Hours

Costs

Project

Sub-task

1.3.11. TERM OF CONTRACT

The City’s intent is to enter into a pre-disaster event contract for an initial term of twelve (12) months, with four (4) optional 12-month renewal terms, under the same terms and conditions.

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The Contractor will be responsible for submitting a written request for contract adjustments within thirty

(30) days of the end of the then-current contract term. If approved, any change in the contract cost will be effective in an amount equivalent to the percentage increase for the previous calendar year (Jan – Dec), using the Consumer Price Index (CPI-U, South Region, All Items), as published by the U. S. Department of

Labor, Bureau of Labor Statistics.

The contract shall automatically renew unless either party provides the other with written notice of intent not to renew within ten (10) days of the end of the then-current contract term.

1.3.12. SUSPENSION AND DEBARMENT

This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

This certification is a material representation of fact relied upon by the City. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.

The proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.

The proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

1.3.13. SUB-CONTRACTORS

If the Consultant elects to sub-contract with any firm, for any portion of the work, the Consultant shall be responsible for all work performed by any sub-contractor and the Consultant shall not be relieved of any obligations under this Contract.

Each Respondent shall submit a list of proposed sub-contractors to be used if awarded the contract.

Each Respondent must provide a list of Sub-Contractors, Qualifications and Experience, and attach a copy of any and all licenses and certificates for each sub-contractor listed and submit with each copy of the RFP

Package. If subcontractors are to be included in the proposal, all terms and conditions must be disclosed including method and reason for selection, subcontractor compensation, and subcontractor billing rate. At the City’s request, provide all internal sub-contractor documentation for federal reimbursement review. If no sub-contractors are proposed, so state there on.

At any time, the City may, at its discretion, require any Respondent to submit all relevant data required to establish to the satisfaction of the City, the reliability and responsibility of the proposed sub- contractors to furnish and perform the work proposed.

1.3.14. BONDING REQUIREMENTS

A one hundred ten percent (110%) Performance bond and a one hundred ten percent (110%) Payment bond shall be furnished payable to, in favor of, and for the protection of the City. When Bid bonds are required, they must be in a sum equal to five percent (5%) of the total amount of the contractor’s response and may be in the form of a surety issued bond or cashier’s check made payable to the City of Thomson. Bid bonds are returned to the unsuccessful suppliers when the Notice of Award has been issued or contract has been executed. When bonding is required, failure to submit appropriate bonding will result in automatic rejection of bid.

Performance and/or Payment bonds must be presented within ten (10) days of the Notice of Intent to Award or prior to the award of contract, whichever is later. Surety companies executing bonds must appear on the

Treasury Department’s most current publication (Circular 570 as amended) and be authorized to do business in Georgia. Unless otherwise specified, bonds shall be in effect for a period of one year from the completion of the project. The bond amounts shall be increased as the contract amount is increased. No alternative securities are currently accepted in lieu of performance or payment surety bonds.

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PACKAGING/SUBMISSION REQUIREMENTS

The following information and/or documents MUST be included with the supplier’s response and in the order listed below:

a. ___ Information/Cover Page (supplied)

b. ___ RFP Response Disclosures & Acknowledgement sheet (supplied).

Note: Non-Collusion and Conflict of Interest Disclosures section must be notarized

c. ___ Proposal Form (supplied) & Required Attachments (Prepared by Contractor)

1) Schedule A Attachment – Qualifications

2) Schedule B Attachment – Experience

3) Schedule C Attachment – Project Approach

4) Schedule D Attachment – Subcontractors

5) Schedule F Attachment – Sample of Project by Project Breakdown/Sample Invoice

6) Schedule G Attachment – Sample Contract

d. ___ Pricing Sheet (supplied)

e. ___ References Sheet (supplied)

f. ___ Tax Compliance form (supplied)

g. ___ Supplier Affidavit – an additional copy (showing as notarized) of the Supplier (EV) affidavit must be included with response

* If a complete and compliant (both required documents uploaded) registration has been submitted online, you may include a statement that you have a completed registration on file. Instructions and forms for registration may be found on the

City’s website under Resources.

A checklist for your convenience has been provided at the end of this document. This checklist is for your convenience only and should not be returned with the submittal.

1.4.1. EVALUATION CRITERIA

The City reserves the right to offer an award based on any combination of factors it determines to be in the best interests of the City and the City Residents. Price will be a factor, but it will not be the sole determining factor in awarding the bid. The City may award the bid to the Firm demonstrating the most complete response and demonstrating full compliance with the specifications in accordance with procurement requirements set forth by the

State of Georgia and the Federal Government.

1.4.1.1. Evaluation Committee & Criteria

The basis of selection will be the lowest responsive and responsible bid, as determined based on the Evaluation

Committee’s evaluation of the Proposals, including but not limited to the following evaluation criteria:

- Past performance on similar projects in terms of quality of work, cost control, and compliance with performance schedules. This must be documented by references and other means within the bid response – 30%

- Firm qualifications and experience – 20%

- Project Approach (i.e. methodology, understanding of the work to be performed) – 20%

- Price proposal/Fee schedule (Using Pricing Sheet Provided) – 20%

- Technical approach – quality of package (requested information provided, presentation, etc.) – 10%

The Evaluation Committee shall evaluate each of the Proposals using the criteria and applying the percentages as set forth in the percentages above. The City reserves the right to request Proposers to appear for an additional presentation followed by a question and answer period, in order to further evaluate qualifications. The additional presentations, if any, will be scored and combined with prior scoring to determine the successful Proposer. The City is not obligated to accept the lowest cost proposal. The City may also award to other than the highest ranked proposer if the price submitted by that proposer is more than the budget available for the project. If made, the award will go to the Proposer providing the most responsive, responsible proposal that provides the best overall value and service to the City.

The City reserves the right to accept the BEST-EVALUATED RESPONSE as deemed by the Evaluation

Committee, which may or may not be the lowest monetary response.

1.4.1.2. FEDERAL TERMS AND PROVISIONS REQUIRED IN CONTRACT

The following terms and conditions must appear in any contract entered into the with Successful Bidder related to the services set forth in this RFP.

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1) Access to Records.

The following access to records requirements applies to the Contract in addition to any requirements that may be elsewhere imposed:

a. Consultant agrees to provide City, the Comptroller General of the United States, or any of their authorized representatives or designees, access to any books, documents papers, and records of

Consultant which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. Consultant shall keep its books documents, papers, and records available for this purpose for at least five years after this Agreement terminates or expires or such longer time as requested by City at any time prior to the expiration of the then applicable time frame. This provision does not limit the applicable statute of limitations.

b. Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

c. Consultant agrees to provide any of the foregoing parties access to construction or other work sites pertaining to the work being completed under this Agreement, if applicable.

d. Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Consultant does not transfer the records to City or any authorized or designated federal representative.

2) Environmental Compliance.

a. Consultant shall comply with all applicable standard, orders, or regulations issued pursuant to the

Clean Air Act (42 U.S.C. § 1701 et seq.) and the Federal Water Pollution Control Act as amended

(33 U.S.C. § 1251 et seq.).

b. Consultant shall report all violations to City, any applicable State agencies, and the regional office of the Environmental Protection Agency.

c. Consultant shall include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance.

d. Consultant shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy

Policy and Conservation Act (42 U.S.C. § 6201 et seq.).

3) Contract Work Hours and Safety Standards Act.

a. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Paragraph (a) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and any subcontractor responsible therefor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in

Paragraph (a) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph (a) of this Section.

c. Withholding for unpaid wages and liquidated damages. The applicable federal funding agency shall upon its own action or upon written request of an authorized representative of the

Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the

Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in

Paragraph (b) of this Section.

d. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in Paragraphs (a) through (c) of this section and also a clause requiring the subcontractors to

RFP 24-013 Consulting Services Page 11 of 36 include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with clauses set forth in Paragraphs

(a) through (c) of this Section.

4) Equal Employment Opportunity.

This provision is applicable to all federally assisted construction contracts, as that term is defined at 41

C.F.R. § 60-1.3. To the extent the Agreement meets this definition, Consultant agrees as follows:

a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

c. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish information.

d. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

e. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor.

f. The Contractor will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

g. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further

Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

h. The Contractor will include provisions in Paragraphs (a) through (g) set forth in this subsection in every subcontract or purchase order unless exempted by rules, regulations, or orders of the

Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provision will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance;

provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work; provided that if the applicant so participating is a State or local government, RFP 24-013 Consulting Services Page 12 of 36 the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the

Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish he administering agency and the Secretary of Labor such information as they may require for the supervision of such compliances, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract medication subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has no demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the

Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertaking the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

5) Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor

Surplus Area Firms.

If Consultant intends to subcontract any portion of the work covered by the Agreement, Consultant must take all necessary affirmative steps to assure that small and minority businesses, women’s business enterprises and labor surplus area firms are solicited and used when possible. Affirmative steps must include:

a. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

b. Assuring that small and minority businesses, and women’s business enterprises, are solicited whenever they are potential sources;

c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; and

e. Using the services and assistance, as appropriate, of such organizations as the Small Business

Administration and the Minority Business Development Agency of the Department of Commerce.

6) Immigration and Nationality Act

Consultant agrees to comply with the terms of the employment provisions contained in 8 U.S.C. Section

1324A(e), Section 274A(e) of the Immigration and Nationality Act.

7) Administrative Remedies for False Claims and Statements

Consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and

Statements) applies to Consultant’s actions pertaining to this Agreement.

8) Remedies

If any work performed and/or good delivered by Consultant fails to meet the requirements of the

Agreement, any other applicable standards, codes or laws, or otherwise breaches the terms of the

Agreement, the City may in its sole discretion:

i. Elect to have Consultant re-perform or cause to be re-performed, at Consultant’s sole expense, any of the work which failed to meet the requirements of the Agreement;

ii. In the case of goods, reject the goods and require Consultant to provide replacement goods that meet the needs of City and the terms of the Agreement;

iii. Hire another Contractor to perform the work and deduct any additional costs incurred by

City as a result of substituting contractors from any amounts due to Consultant; or

iv. Pursue and obtain any and all other available legal or equitable remedies.

RFP 24-013 Consulting Services Page 13 of 36

This Section shall in no way be interpreted to limit the City’s right to pursue and obtain any and all other available legal or equitable remedies against Consultant.

9) Compliance with Applicable Laws

a. Consultant agrees to be bound by the terms of the Federally-Funded Subaward and Grant

Agreement between the City and FEMA and/or the State of Georgia and any of its agencies if applicable.

b. Consultant agrees to be bound by all applicable state and federal laws, regulations, and Executive

Orders.

10) Suspension and Debarment

Federal regulations restrict the City from contracting with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities, where the contract is funded in whole or in part with federal funds. Accordingly, a contract or subcontract must not be made with any parties listed on the SAM Exclusions list. SAM Exclusions is the list maintained by the

General Services Administration that contains the name of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under certain statutory or regulatory authority.

The Consultant can verify its status and the status of its principals, affiliates, and subcontractors at www.SAM.gov.

i. This Contract is a covered transaction for purposes of 2C.F.R. pt. 180 and 2 C.F.R. pt.

3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §

180.935).

ii. Consultant must comply with 2 C.F.R. pt. 180, Subpart C and 2 C.F.R. pt. 3000, subpart

C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

iii. This certification is a material representation of fact relied upon by the City. If it is later determining that the Consultant did not comply with 2 C.F.R. pt. 180, Subpart C and 2

C.F.R. pt. 3000, Subpart C, in addition to remedies available to the City, the Federal

Government may pursue available remedies, including but not limited to suspension and/or debarment.

11) Byrd Anti-Lobbying Amendment

a. Consultants who apply or bid for an award of $100,000 or more shall file the required certification found below. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient.

b. The certification referenced in Paragraph (a) of this Section is below:

http://www.sam.gov/

RFP 24-013 Consulting Services Page 14 of 36

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-

LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section

1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Consultant, _______________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Consultant understands and agrees that the provision of

31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statement, apply to this certification and disclosure, if any.

__________________________________________ Date: _______________________________

Signature

Name:

Title:

RFP 24-013 Consulting Services Page 15 of 36

REQUESTS FOR PROPOSAL

GENERAL PROVISIONS

Sections II - VII review the general terms and conditions. Any bid-specific information noted in Section I or in the Specifications &

Response Section will take precedence.

2. SECTION II – GENERAL TERMS AND CONDITIONS

All available information, notices and addenda regarding this RFP shall be posted on the City’s website. Effective July 1, 2018, House Bill 489 requires that any solicitation extended by a municipal corporation for goods and services valued at $10,000 or more and any solicitation opportunity extended for public works subject to Chapter 91 of Title 36 of the O.C.G.A. also be posted on the Georgia Procurement Registry (GPR).

It is the Supplier’s responsibility to check the City’s website in order to confirm they have the most current information prior to submitting a response. Subsequent to the opening, all status notices will also be posted on the City’s website.

RESTRICTIONS ON COMMUNICATIONS WITH STAFF

All questions about this bid must be submitted in the following format:

- Company Name

- Question

- Citation to relevant section of the bid

All questions, including questions regarding specifications/technical issues related to the RFP and administrative issues, must be in writing to the City Administrator for this RFP (with a ‘cc’ to Finance Director). The deadline for questions is noted in

Section 1.2 of this RFP.

The City Administrator and Finance Director’s contact information is as follows:

John Waller

City Administrator

City of Thomson

210 Railroad St

P. O. 1017

Thomson, GA 30824

Email: John.Waller@Thomson-Mcduffie.gov

Kristal Singletary

Finance Director

City of Thomson

210 Railroad St

P. O. Box 1017

Thomson, GA 30824

Email: Kristal.Singletary@Thomson-McDuffie.gov

No questions other than written will be accepted. No response other than written will be binding upon the City. Questions will be combined into one list of questions and responses and will be posted as an addendum.

From the issue date of this request until an award has either been made or deemed closed for other reasons, institutions or individuals providing submissions are not permitted to communicate with members of the commission, the evaluation team or

City employees, other than mentioned above, with regard to the purpose or intent of this Request for Proposal. The exception mailto:John.Waller@Thomson-Mcduffie.gov mailto:Kristal.Singletary@Thomson-McDuffie.gov

RFP 24-013 Consulting Services Page 16 of 36 to this is the submission of written technical questions to the City Administrator with the Finance Director copied, or communications unrelated to this Request for Proposal which occur in the ordinary course of City business. The City reserves the right to reject the submission of the offending supplier if this provision is violated.

Any updates or changes to this and related documents will be posted on the City’s website (Bids and RFPs | Thomson-Mcduffie, Georgia) or by selecting “Business” and then “Bids & Procurement” from the City home page (Home Page | Thomson-Mcduffie, Georgia). It is the Supplier’s responsibility to refer to the website for any addenda or other pertinent information before responding to this Request for Proposal.

PUBLIC DISCLOSURE AND PROPRIETARY INFORMATION

All bids and any other public record with respect to solicitation shall be subject to public inspection, upon request, after the posting of the Notice of Intent to Award (NOIA) or Notice of Award (NOA). This is being done in order to protect the integrity of the procurement process unless otherwise required by law. For any Open Records requests, the

City may assess fees for the costs of producing these public records as permitted by the Georgia Open Records Act.

Exceptions to the availability of information include 1) bona fide trade secrets meeting confidentiality requirements that have been properly marked and documented; 2) matters involving individual safety as determined by the City; 3) company financial information requested by the City to determine supplier responsibility; and 4) other constitutional protections. All documents that are to be proprietary and confidential are to be clearly marked as such.

Information received in response to this bid request will become the property of the City and will not be returned. If a proposer feels that any information is confidential or proprietary in nature, the proposer must prominently mark and initial such…