RFQ 24_04 Standby Construction Material Testi.pdf

REQUEST FOR QUALIFICATIONS

RFQ 24-04

STAND-BY CONSTRUCTION MATERIALS TESTING /

ENVIRONMENTAL SERVICES / GEOTECHNICAL SERVICES

UNIT PRICE CONTRACT

Final for Advertisement: August 14, 2024

REQUEST FOR QUALIFICATIONS (RFQ) 24-04

STAND-BY CONSTRUCTION MATERIALS TESTING / ENVIRONMENTAL

SERVICES / GEOTECHNICAL SERVICES UNIT PRICE CONTRACT

Sealed Proposals for Purchasing RFQ 24-04 Standby Construction Materials Testing / Environmental Services / Geotechnical Services Unit Price Contract will be received by the City of Dunwoody, hereinafter called “City.” Service providers whose proposals meet the criteria established in the Request for Qualifications, at the sole discretion of the City, may be considered for Contract award. The City may, by direct negotiation, finalize terms with the service provider who is selected for award based on proposals.

The City reserves the right to reject any or all responses for any reason. Clarification of information may be requested by the City.

This contract shall be for three years, with the option for one (1) one-year extension(s). We anticipate contract award in late October, 2024.

The City, at its sole discretion, may short-list firms that are deemed to best meet the City’s requirements, taking into consideration all criteria listed in the RFQ. Negotiations will be conducted and may take place in person or via telephone with the most qualified firm as identified by the City or, if short-listing occurs, with all of the short-listed proposers. Proposers that participate in the negotiations may be given an opportunity to submit their best and final offers. 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.

A proposal must be submitted in a sealed envelope which shall be clearly marked RFQ 24-04 and your company name. One (1) printed and signed unbound original, three (3) bound hard copies, (1) electronic copy in PDF of the proposal. The proposal shall be submitted no later than 2:00pm on September 13, 2024. (Proposals will not be submitted by facsimile or e-mail). At which time noted, all proposals received will be publicly opened and read. Any proposal received after the time and date specified for the opening of the proposals will not be considered but will be returned unopened.

Questions regarding proposals should be directed to purchasing@dunwoodyga.gov no later than 2:00pm on September 3, 2024. Proposals are legal and binding when submitted.

Proposal must be addressed as follows: Purchasing Department City of Dunwoody 4800 Ashford Dunwoody Road Dunwoody, GA 30338

No Proposal may be withdrawn for a period of ninety (90) days after the time and date scheduled (or subsequently rescheduled) for proposal opening.

The City’s staff will review all proposals submitted. After reviewing the proposals, staff may, at its discretion, request formal presentations from one or more of the proposers (at proposer’s expense at the City’s site) whose proposals appear to best meet the City’s requirements.

The proposer awarded the Contract must provide proof of liability insurance in the amount of one million dollars ($1,000,000.00), along with any other required insurance coverage and evidence of business or occupational license, as outlined in the Proposal Documents.

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 proposer, 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 proposer submitting the proposal which is deemed by the City, in the sole discretion, to be the most advantageous to the City, price and other factors being considered.

To ensure the proper and fair evaluation of proposals, the City highly discourages any communication initiated by a proposer or its agent to an employee of the City evaluating or considering the proposal during the period of time following the issuance of the RFQ, the opening of proposals and prior to the time a decision has been made with respect to the Contract award. An appropriate Purchasing employee of the City may initiate communication with a proposer in order to obtain information or clarification needed to develop a proper and accurate evaluation of the proposal. Any communication initiated by proposer during evaluation should be submitted in writing and delivered to the City of Dunwoody, Purchasing Office, 4800 Ashford Dunwoody Road, Dunwoody, Georgia 30338, or by e-mail to purchasing@dunwoodyga.gov or facsimile to (678) 382-6750. Unauthorized communication by the proposer may disqualify the proposer from consideration.

Please note that Section 12 of the Instructions to Offerers describes irregularities in proposals that may cause them to be rejected by the City. Included in these irregularities are those such as conditions, limitations, or unauthorized alternative proposals which may require the City to reject a proposal. Please seek the City’s written advice BEFORE you submit a proposal containing any of the irregularities described in Section 12 of the Instructions to Proposers.

Offerers should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFQ and promptly notify the procurement officer identified above in writing or via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFQ.

The City will provide an official written answer to all questions received. The City’s response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFQ will not be binding upon the City. Any formal written addendum will be posted on the City’s website at:

www.dunwoodyga.gov by the close of business on the date listed. Offerers must sign and return any addendum with their RFQ response.

Issuance of the RFQ in no way constitutes a commitment by the City of Dunwoody to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to:

• Cancel or terminate this RFQ;

• Reject any or all Statement of Qualification received in response to this RFQ;

• Waive any undesirable, inconsequential, or inconsistent provisions of this RFQ which would not have significant impact on any Statement of Qualification;

http://www.dunwoodyga.gov/

• Request additional information from any offerer

• Extend the date or time scheduled for receiving the RFQs

• Award a partial contract or contracts to multiple offerers

• Not award if it is in the best interest of the City not to proceed with contract execution; or

• If awarded, terminate any contract if the City determines adequate City funds are not available.

SUMMARY OF IMPORTANT DATES:

Release of RFQ August 14, 2024 Written Questions Due September 3, 2024 By 2:00pm Qualifications Due September 13, 2024 By 2:00pm Contract Award Late October, 2024

PART ONE – SCOPE OF WORK

1.1 The City of Dunwoody is seeking qualifications from firms for on-call construction materials testing, environmental services, and geotechnical engineering. The selected firms must be fully capable of providing the services outlined herein and must agree to perform such services under the direction of the City. The selected firms must also agree to perform the services at the times and places designated by the City. Individual project cost will be based on the submitted Unit Prices provided by the selected firm. No quantities are implied. The term of contract shall be for a three (3) year period with one (1) optional annual renewal with the understanding that the prices in the Unit Price Schedule remain the same for optional renewals

Once a firm(s) is/are selected based on qualifications, the firm will meet with City Public Works staff and prepare a Unit Price Schedule that will include the following:

a) Construction Materials Testing pricing matrix

b) Environmental Services pricing matrix

c) Geotechnical Services pricing matrix

d) Key personnel hourly rate sheet

[NOTE: The Unit Price Schedule will be applied to each work assignment on a project-by-project basis for the course of the contract including optional renewal years.]

1.2 The projects vary in magnitude and scope. Typical projects will involve materials testing services / environmental services and/or geotechnical services for the city’s annual asphalt resurfacing contract, intersection improvements, sidewalk construction and park facility projects.

1.3 Occasionally the unit price contract may be used for supporting other small construction projects such as:

• Sidewalk ramp retrofits to meet ADA requirements

• Curb and gutter replacement

• Median island / Traffic calming construction

• Raised crosswalk or speed hump construction

• Retaining wall construction

• Concrete driveways

• Asphalt patching

• Minor grading

• Storm-water repairs (backfill, compaction)

1.3.1 Each interested firm must meet these Minimum Requirements:

a. The firm must have at a minimum NICET Level II technicians to perform field testing of soils, asphalt and concrete

b. The firm must have ACI and GDOT certified concrete technicians as well as equipment for concrete sampling and testing

c. Testing lab must have AASHTO accreditation

d. The firm must include Certified Welding Inspectors

e. The firm must have GDOT Roadway Testing Technicians

f. The firm must have GDOT Level 1 Asphalt Quality Control Technicians

g. The firm must have technicians with International Building Code special inspector qualifications (Mechanical/Electrical/Plumbing, Structural, Masonry)

h. The firm must be able to perform the field testing, laboratory testing and drilling services stated in the pricing section

i. The successful firm does not have to provide all services in-house, but if work is to be sub-contracted, the consultant must provide a list of sub-consultants they plan on using. This list must be included in your proposal. Clearly indicate which services you would be sub-contracting out.

j. All Affidavits enclosed in this package must be completed and returned with the bid documents.

1.3.2 Construction Material Testing & Inspection – (examples of typical required work):

a. Soil Compaction testing shall include but not be limited to:

1. Technician shall be NICET Level II or greater

2. Compaction / field density tests / monitor proof-roll

3. CBR testing

4. Standard Proctor / Modified Proctor

5. Atterburg Limits

6. Sieve Analysis of aggregates

7. Moisture-Density of Soil Cement

8. Classification of Soils

9. Daily field reports with photos

b. Asphalt Paving Testing & Inspection shall include but not be limited to:

1. Technician shall be certified for GDOT Level 1 Asphalt Quality Control

2. Density of compacted specimen

3. Measure mix temperature and tabulate haul tickets (by road / by day) for the project record – turn over records to City project manager daily.

4. Road smoothness

5. Weekly reports with photos

6. Existing roadway coring (to determine pavement thickness) along with subgrade analysis

(where failure may be observed).

c. Concrete Testing & Inspection shall include but not be limited to:

1. Technician shall be ACI and GDOT certified

2. Curing and compressive strength testing of 6-inch x 12-inch cylinders

3. Slump tests, temperature, field sampling

1.3.3 Geotechnical Services / Evaluation – (examples of typical required work):

a. Drilling Services shall include but not be limited to:

• Truck-mounted drill

b. Soil test borings

c. Hand auger borings

d. Groundwater seepage evaluation

e. Ground penetrating radar

f. Test pits

g. Settlement analysis

h. Slope stability analysis

1.3.4 Environmental Services / Evaluation (Optional) -- (examples of typical required work):

a. Phase I Environmental site assessment

b. Phase II Environmental testing

c. Asbestos inspection

d. Underground Storage Tank (UST) consulting and testing

e. Contamination assessments

f. Indoor air quality consulting

1.3.5 Key personnel. Once a consultant(s) is selected, they are to provide hourly rates for the following personnel and any other personnel required to perform the work outlined above.

a. Principal Engineer

b. Project Engineer

c. Project Manager

d. Sr. Engineering Aide

e. Staff Engineer

f. Technician, Level I

g. Technician, Level II

h. Technician, Level III

i. Soil Technician

j. Staff Geologist

k. Additional Staff positions, provide titles

1.4 The firm is responsible for calling for utility locations prior to the start of any drilling or excavation to be performed as part of this scope of work. It shall be the firm’s responsibility to coordinate his work with any utility owner who may be in conflict with his work. Any utilities, public property, or private property damaged due to the firm’s negligence during testing operations shall be replaced at the firm’s expense.

1.5 All work will be performed and completed to the complete satisfaction and acceptance of the City.

Firm shall abide by any and all applicable professional standards, local codes, manufacturers’ recommendations, and safe work practices and will secure any or all applicable permits or licenses to complete the described work.

1.6 The successful firm will coordinate / work in conjunction with the general contractor who is performing the Work. The Contractor shall be responsible to schedule inspections at least 24 hours in advance.

PART TWO – GENERAL CONDITIONS

2.1 The firm shall perform all of its obligations and functions under the Contract in accordance with the Contract specifications, industry standards and any manufacturers’ specifications. The firm shall adjust and coordinate its activities to the needs and requirements of the City and perform its activities so as not to disturb, endanger, unreasonably interfere with or delay the operations or activities of the City.

During the performance of this Contract, the firm shall keep current and, if requested by the City, provide copies of any and all licenses, registrations or permits required by applicable governing agencies. The firm shall keep a copy of any and all licenses, registrations and permits while performing the Contract work. Upon the completion of each task order, any excess items which might be left over from the testing / evaluation related work shall be removed and disposed of properly by the firm. The cost for such removal and disposal of such items will be included in other unit price bid. No claims will be considered for extra compensation.

2.2 Firm shall have all vehicles marked with their company name.

2.3 Firm shall adequately protect workers, land owners or tenants, adjacent property, and the public during materials testing / evaluation operations. The firm will perform all services in compliance with applicable Federal Health and Safety laws currently in effect. Neither the giving of such special instructions by the City Representative nor the adherence thereto by the firm shall relieve the firm of the sole responsibility to maintain safe and efficient working conditions. The firm shall require its employees to wear protective clothing, reflective vests, masks, eye protections, etc. during any operation as required or directed by applicable laws, regulations, ordinance, and/or direction by manufacturer of materials or equipment.

2.4 The firm shall be solely and completely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. The firm shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the work site and other persons including, but not limited to, the general public who may be affected thereby.

2.5 The firm shall make every effort to ensure private property is not disturbed.

2.7 The City of Dunwoody will expect to liaison with a single project manager representing the prime consultant firm and the sub-consultants. The City of Dunwoody reserves the right to approve sub-consultants. Project Manager listed in the RFQ will not be changed without the approval of the City.

PART THREE – PROPOSAL CONTENTS

Four (4) copies of the proposal (one original (unbound and signed) and three copies (bound)), should be submitted in a sealed envelope. Proposals must be submitted in a sealed envelope which shall be clearly marked Purchasing RFQ 24-04 Standby Construction Materials Testing / Environmental Services / Geotechnical Services. Additionally provide one (1) electronic copy in PDF of the proposal. To aid in thorough and consistent review, the proposal shall be submitted on one-sided 8½” x 11” pages in no smaller than 10-point font and shall be organized and numbered to correspond to Section I through Section IV, with particular emphasis given to Section II:

2.1 SECTION I – Each proposal shall include a Title Page and a Table of Contents. The Title Page should identify the project; the name of the firm, name of the firm’s primary contact, address, telephone number, fax number and email address. The Table of Contents shall contain the sections and corresponding page number for the items listed below. All pages of the proposal must be clearly identified and consecutively numbered and correspond to the Table of Contents.

2.2 SECTION II – Each proposer shall document its staff, experience and qualifications by describing the consultant’s experience with similar projects and the manner in which it plans to manage and staff the awarded contract, including the resumes of key and critical personnel and company organization chart to successfully complete the project objectives.

2.2.1 Firm’s Qualifications – List those projects your firm has completed within the past three

(3) years that are similar to that requested by this RFQ. Special attention should be given to projects your firm has completed for other governmental entities. Include company name, address, person(s) to contact, telephone number, a brief description of the project completed and date completed;

2.2.2 Summary of experience, including the number of years of relevant experience and representative project experience with project name, client and date performed;

2.2.3 Description of any specialty equipment or capabilities;

2.2.4 Other supporting documentation which demonstrates the ability to successfully perform the work;

2.2.5 Provide a table listing personnel likely to be assigned to this project with applicable certifications and qualifications.

2.3 SECTION III – Approach: If your firm does not intend to provide all services in-house and the work is to be sub-contracted, the firm must provide the list of consultants they plan on using and clearly indicate which services each would perform. The proposal may include approaches used on previous similar projects or provide unique methods used successfully on similar projects.

2.4 SECTION IV – Capabilities: In addition to the answers to specific questions above, the City of

Dunwoody is interested in the reasons you believe your firm should be selected to provide professional services to the City. Specifically, the City is interested in the unique capabilities of your firm. Outline for us the benefit the City would receive if your firm is selected. This section should include the following elements:

2.4.1 Current and projected workload

2.4.2 Ability and capability to perform the services in a timely manner

2.4.3 Innovative ideas / approaches unique to your firm

2.4.4 Other information the respondent may deem advantageous to demonstrate understanding and approach to the Work.

2.5 SECTION V – Each proposer is required to include three (3) verifiable references. Each proposer shall include qualifications, resumes, and any other materials for similar contracts.

2.6 SECTION VI – Quality Assurance: Briefly describe the in-house procedures that will be used to ensure the accuracy and integrity of the work effort and field services.

2.7 SECTION VIII – Required forms (acknowledgement of agenda, etc.)

PART FOUR - EVALUATION OF PROPOSALS

The City’s staff will review all SOQs submitted. After reviewing the proposals, staff may, at its discretion, invite to interview and demonstrate performance (at proposer’s expense at the City’s site) one or more of the proposers whose proposals appear to best meet the City’s requirements. The purpose of such an interview would be for all proposers to elaborate upon their proposal before a recommendation for ranking of the proposals is made. Interview responses, and demonstration performance, along with the written proposal and samples (if any), will become part of proposer’s submission to be evaluated pursuant to the evaluation criteria. The City reserves the right to short-list proposers for further consideration.

3.1 The City, in its discretion, may award the Contract(s) to the responsible and responsive proposer(s) submitting the proposal which is deemed to be the most advantageous to the City, price and other factors being considered. The following are the evaluation criteria the City will consider in determining which proposal is most advantageous to the City:

3.1.1 Copy of business license and proof of being in business at least seven (7) years.

3.1.2 Name and telephone number of the firm’s (consultant’s) designated contact.

3.1.3 Project Personnel: Provide information on personnel to be assigned to this project.

Personnel should have experience from similar projects and in fields necessary to complete this proposed work.

3.1.4 Similar Experience: List and describe your firm's projects worked on in the past five years that best match the scope and intent of the various projects. Identify unique constraints or challenges associated with those projects and how you addressed those in order to deliver a successful project. The City may request samples of comparable work during the proposal review process.

3.1.5 Verifiable references of similar projects.

3.2 The following are the evaluation criteria the City will consider in determining which proposal is most advantageous to the City:

(25%) Qualifications of the firm including transmittal letter and past similar experience

(25%) Qualifications of staff –

(10%) Approach –

(20%) Capabilities, current and projected workload, ability and capacity to provide services in a timely manner -- (10%) References --

(10%) Quality Assurance --

* * * * * * * END OF SPECIFICATIONS * * * * * * *

STATEMENT OF QUALIFICATIONS FORM

RFQ 24-04

STANDBY CONSTRUCTION MATERIALS TESTING /

ENVIRONMENTAL SERVICES / GEOTECHNICAL SERVICES

UNIT PRICE CONTRACT

The undersigned, as Proposer, hereby declares that this Proposal is in all respects fair and submitted in good faith without collusion or fraud. Proposer 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 Proposer, 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 Proposer 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 Proposer agrees, if this Proposal is accepted, to enter into the written Contract with the City in the form of Contract attached (properly completed in accordance with said Proposal Documents), and the Contract Documents for RFQ 24-04 Standby Construction Materials Testing / Environmental Services / Geotechnical Services Unit Price Contract, 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 Proposer 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 Proposer 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 Proposer, or the city may re-advertise for Proposals, and in either case the City shall have the right to recover from the Proposer 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 Proposer under section 10 of the Instructions to Proposers if the Proposer withdrew or attempted to withdraw its Proposal.

The Proposer further agrees, if it fails to complete the work according to the Specification within the scheduled time or any authorized extension thereof, that damages may be deducted from the Contract price otherwise payable to the Proposer.

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

Addendum No. Date Addendum No. Date Addendum No. Date

Company Name:

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

Work is to commence on or about October 2024.

The City of Dunwoody requires pricing to remain firm for the duration of the initial term of the contract.

Failure to hold firm pricing for the initial term of the contract will be sufficient cause for the City to declare bid non-responsive.

Solicitation No. ______________________

CONSULTANT AFFIDAVIT AND AGREEMENT

By executing this affidavit, the undersigned consultant verifies its compliance with O.C.G.A. 13-

10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Dunwoody has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A 13-10-91.

The undersigned further agrees that, should it employ or contract with any sub-consultant(s) in connection with the physical performance of services pursuant to this contract, consultant will secure from such sub-consultant(s) similar verification of compliance with O.C.G.A 13-10-91 on the Sub-consultant Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Consultant further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Dunwoody at the time the sub-consultant(s) is retained to perform such service.

E-Verify * User Identification Number

Company Name

BY: Authorized Officer or Agent Date (Consultant Signature)

Title of Authorized Officer or Agent of Consultant

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_______ DAY OF ______________________, 20__

Notary Public

My Commission Expires:

* As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is “E-Verify” operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA).

Affidavit Verifying Status for City Public Benefit Application

By executing this affidavit under oath, as an applicant for a City of Dunwoody, Georgia Business License or Occupation Tax Certificate, Alcohol License, Taxi Permit or other public benefit as referenced in O.C.G.A. Section 50-36-1, I am stating the following with respect to my application for a City of Dunwoody, Business License or Georgia Occupational Tax Certificate, Alcohol License, Taxi Permit or other public benefit (circle one) for ________________________.

[Name of natural person applying on behalf of individual, business, corporation, partnership, or other private entity]

1) _______ I am a United States citizen

OR

2) _______ I am a legal permanent resident 18 years of age or older or I am an otherwise qualified alien or non-immigrant under the Federal Immigration and Nationality Act 18 years of age or older and lawfully present in the United States.*

In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of Code Section 16-10-20 of the Official Code of Georgia.

Signature of Applicant: Date

Printed Name:

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE *__________________________________

____ DAY OF ____________, 20__ Alien Registration number for non-citizens

Notary Public My Commission Expires:

*Note: O.C.G.A. § 50-36-1(e)(2) requires that aliens under the federal Immigration and Nationality Act, Title 8 U.S.C., as amended, provide their alien registration number. Because legal permanent residents are included in the federal definition of “alien”, legal permanent residents must also provide their alien registration number. Qualified aliens that do not have an alien registration number may supply another identifying number below:

INSTRUCTIONS TO OFFERERS

1. INTENT

It is the intent of these Instructions to establish guidelines for the proper completion of the Proposal Forms.

These Instructions to Proposers provide guidance and explanation for subsequent Proposal Forms and Contract Documents. Please read all Instruction paragraphs.

2. GENERAL

2.1 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 Proposer, without significant or material change to such terms or conditions. Exceptions to any of the terms of the agreement to which a Proposer will not or does not agree must be presented by the proposer in writing as provided in this section and directed to:

purchasing@dunwoodyga.gov. Such exceptions must be specific, and the Proposer must state a reason for each exception and propose alternative language, if appropriate. 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 solicitation 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. Proposers 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.

2.2 Any anticipated increases in Proposer'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 Proposer's mistake or miscalculation of prices, underestimation of costs, or for any other reason. All of the Proposer's overhead costs, including, but not limited to, costs of travel and the required bonds and insurance coverage, shall be included in such Proposer's prices listed in its Proposal.

2.3 The Contract, if awarded, shall not be construed to create unto the Consultant 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.

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

2.5 The City will contract with the successful Proposer to provide services indicated in the Specifications throughout the duration of the Contract at the price submitted.

3. ENVIRONMENTAL SUSTAINABILITY

The City of Dunwoody is committed to environmental sustainability. The City believes we have a unique opportunity to further 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.

4. EXAMINATION OF PROPOSAL/CONTRACT DOCUMENTS

mailto:purchasing@dunwoodyga.gov

All prospective Proposers 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 Proposers, the Request for Qualifications, the Proposal Forms, the Contract, the General Conditions, and the Specifications are referred to herein as the "Proposal Documents" or the "Contract Documents.") Submission of a Proposal shall constitute an acknowledgment that the Proposer has read and understands the Proposal Documents.

The failure or neglect of a Proposer 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.

5. ADDENDUM(S)-CHANGES WHILE PROPOSING

Other than during the Pre-Proposal Conference, the City shall not be required to provide to any Proposer 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 the City, Purchasing Office, 4800 Ashford Dunwoody Road, Dunwoody, Georgia 30338, or by e-mail to purchasing@dunwoodyga.gov at least five (5) business days before the date and time announced for the Proposal opening. Any response by City to a request by a Proposer for clarification or correction will be made in the form of a written Addendum. The Addendum may be electronically downloaded by visiting the City web site at http://www.dunwoodyga.gov. However, prior to submitting its response, it shall be the responsibility of each Proposer to visit the City website to determine if addendum(s) were issued and, if so, to obtain such addendum(s).

6. PREPARATION OF PROPOSALS

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

6.2 All Proposals shall contain the name and business address of the individual, firm, 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 Proposer, the City should be furnished with satisfactory evidence of such officer’s or agent's authority to bind the Proposer with respect to the contents of the subject Proposal Documents so signed by him or her. If the Proposer is an LLC, the Proposer 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.

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

6.4 If the Proposer is a corporation or other state-chartered business entity, the City reserves the right to require the Proposer 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 Proposer 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 Proposer is a foreign corporation or other state- chartered business entity and is the successful Proposer, the Proposer 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.

mailto:purchasing@dunwoodyga.gov http://www.dunwoodyga.gov/

7. PROPOSAL GUARANTY

A Proposal Guaranty shall not be required for this Contract.

8. DELIVERY OF PROPOSALS

8.1 All Proposals shall be submitted in sealed envelopes bearing on the outside the name of the Proposer, address, and the Purchasing Proposal #. Each Proposal shall consist of (i) 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.

8.2 All Proposals shall be submitted pursuant to the terms outlined in these Instructions to Proposers. Any Proposals received after the time and date specified in the solicitation document for the opening of the Proposals will not be considered, but will be returned unopened.

8.3 Each Proposer’s response shall be at the sole cost and expense of the Proposer and such Proposer shall have no right or claim against the City for costs, damages, loss of profits, or 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.

8.4 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.

9. COMMUNICATIONS REGARDING EVALUATION OF PROPOSALS

To ensure the proper and fair evaluation of Proposals, the City highly discourages any oral communication initiated by a Proposer or its agent to an employee of the City evaluating or considering the Proposal during the period of time following the issuance of the solicitation document, the opening of Proposals and prior to the time a decision has been made with respect to the Contract award. An appropriate Purchasing employee of the City may initiate communication with a Proposer in order to obtain information or clarification needed to develop a proper and accurate evaluation of the Proposal. Any communication initiated by Proposer during evaluation should be submitted in writing and delivered to the City of Dunwoody, Purchasing Office, 4800 Ashford Dunwoody Road, Dunwoody, Georgia 30338, or by e-mail to. Unauthorized communication by the Proposer may disqualify the Proposer from consideration.

10. WITHDRAWAL OF PROPOSALS

No Proposal may be withdrawn after it is submitted unless the Proposer 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 and eighty (180) days.

Any Proposer withdrawing or attempting to withdraw its Proposal prior to the expiration of the one hundred and 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 Proposer 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 Proposer’s submission of a Proposal shall be deemed the Proposer’s acknowledgment of an agreement to the provisions of this Section.

11. DISQUALIFICATION OF PROPOSERS

11.1 Any of the following causes may be considered as sufficient for the disqualification of a Proposer and the rejection of its Proposal:

11.1.1 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 Proposer, by an individual, firm, partnership or corporation, under the same or different names, or by Proposers which are affiliates, either at the time of submittal, or at the time of award. For purposes of this section, the term

“affiliates” means firms, partnerships, corporations or other entities under common control;

11.1.2 Evidence of collusion between or among Proposers;

11.1.3 Evidence, in the opinion of the City, of Proposer(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 Consultant);

11.1.4 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;

11.1.5 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 Proposer's ability to properly perform the work; or

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

11.2 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 Proposer that could cause a City employee to violate the policy is sufficient cause for the denial of the right of the Proposer to propose on any contract or sell any materials, supplies, equipment, or services to the City for a period of time that is determined by the City Manager.

12. REJECTION OF IRREGULAR PROPOSALS

A Proposal may be considered irregular and may be rejected if it is improperly executed, shows omissions, alterations of form, additions not called for, unauthorized conditions, or limitations, or unauthorized alternate Proposals, fails to include the proper Proposal Guaranty, Contract references, other certificates, affidavits, statements, or information required to be included with Proposals, including, but not limited to, the Proposer's prices, or contains other irregularities of any kind.

13. NOTICE OF INTENT TO AWARD CONTRACT

Unless all Proposals are rejected, a Notice of Intent to Award is anticipated to be provided within ninety

(90) days from the opening of Proposals to the responsible and responsive Proposer submitting the Proposal deemed to be most advantageous to the City, price and other factors being considered. For all procurements, the City reserves the right to reject any or all Proposals and to cancel the procurement or to solicit new Proposals.

14. RESPONSIBILITY OF PROPOSERS

14.1 City reserves the right, to aid it in determining a Proposer's responsibility, to require a Proposer to submit such evidence of Proposer's qualifications as the City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) with the City and others. The City shall be the final authority in the award of any and all Proposals.

14.2 All Proposers shall furnish the City with the company name, address, contact person, and telephone number of at least three (3) entities (preferably a firm other than the City) for which they have supplied similar services as requested in this Proposal during the past three (3) years. The City checks all references and requires the Proposer to notify the reference, verify contract information, and obtain permission from the reference before completing the form.

14.3 For a Proposer to meet the minimum responsibility criteria for this Contract, the Proposer must provide verifiable evidence, through references or otherwise, that the Proposer is an individual, a firm, a corporation, or other entity that is currently employed or otherwise engaged in providing similar services and, taking into account the activities of a related predecessor, affiliate, or principal of Proposer, has been actively engaged in such activity for at least three (3) years immediately preceding the date of the

Proposer’s response to this request.

15. GUARANTY OF FAITHFUL PERFORMANCE

A Performance Bond shall not be required for this Contract.

16. POWER OF ATTORNEY AND COUNTERSIGNATURE

Not applicable.

17. EXECUTION OF CONTRACT

17.1 The Proposer to whom the Notice of Intent to Award is given shall, within ten (10) business days of the date of the Notice of Intent to Award, execute and/or deliver the following to the City: the Contract, a copy of the Proposer’s valid business or occupational license, and all other documents and information required by the Contract Documents. All of the above documents and information must be furnished and the Contract Documents executed by Proposer, and delivered to the City, before the Contract will be executed by the City.

17.2 A Proposer's failure to timely fulfill its obligations under this section shall be just cause for withdrawal of such Notice of Intent to Award. In such case, a Notice of Intent to Award may then be issued to the next ranked Proposer or all Proposals may be rejected and the Contract re-advertised. In such event, the City shall be entitled to receive its damages and costs, including, but not limited to, its attorneys’ fees caused by or in connection with a Proposer’s failure to fulfill its obligations under this paragraph. A Proposer's liability for failing to timely fulfill the obligations stated in this paragraph shall be the same as for withdrawing its Proposal (see Section 10).

17.3 The Contract shall not be binding upon the City until it has been executed by the City and a copy of such fully executed Contract is delivered to the Consultant. The City reserves the right to cancel the award without liability to any Proposer at any time before the Contract has been fully executed by the City and delivered to the Consultant. Accordingly, the Consultant is hereby warned that it should not commence performance or incur costs or expenses in connection with the Contract obligations until it has been delivered a final, fully executed copy of the Contract.

18. GEORGIA SALES TAX

The City is a governmental agency and a political subdivision under Georgia law. Purchases by the City under this Contract are exempt from sales tax: A City tax exempt number is not required for a municipality.

No purchase made by any entity is qualified to be exempt other than those made directly by the City. The City's sales tax exemption does not apply to goods or services purchased or consumed by a Consultant for which the Consultant is deemed to be the ultimate consumer in connection with the fulfillment of its Contract obligations, and the City shall have no liability for such taxes.

19. SUBCONTRACTS

19.1 The Consultant's right to subcontract shall be governed by the provisions of Section 17 of the General

Conditions.

19.2 Nothing contained in these Contract Documents shall be construed as…