RFQ 24_305_C Fire Protection System Services.pdf

Request For Qualifications (RFQ) Special Elements

RFQ 24-305-C

Fire Protection System Services All City of Roswell formal solicitations are posted on and responded to using the City’s website1.

A schedule of events and all other information, including standard instructions specific to the relevant solicitation are posted to the website. This document represents the special elements unique to this Requests for Qualifications.

Note:

1. If required, Insurance provisions detailed below and/or posted with the solicitation will apply.

However, the COI and Additional Insured Endorsement (or proof of blanket Additional Insured Coverage) will be required prior to execution of any contract, but not before.

2. The Sample Contract (if included in this Solicitation) will be the basis for contract and Offerors should consider the included terms and conditions in developing their questions and/or responses.

Do not submit the Sample Contract with your offer. Final contracts will be routed for signature using DocuSign software.

3. Contractor must sign all Exhibits and upload into BonFire, these are required documents.

4. All proposals will be evaluated only and cost will not be a factor in the evaluation. Only the names of the proposals will be provided at the proposal opening. The cost will be required separately.

PROPOSAL DUE DATE:

Thursday, October 31, 2024, at 2:00 p.m. EST.

All questions or requests for clarification must be place on the Bonfire website no later than Friday, October 18th, 2024, at 4:00 p.m. EST. Questions received after this date and time will not be answered. Only the names of the proposers submitting documents will be given.

1 https://roswellgov.bonfirehub.com/portal/?tab=openOpportunities https://roswellgov.bonfirehub.com/portal/?tab=openOpportunities

City of Roswell RFQ 24-305-C Fire Protection System Services

1 SCOPE OF PROJECT/SPECIFICATIONS

The main scope of work requirement is posted separately with other project documents on the City’s website. The scope of project information provided below provides a general overview.

1.1 Introduction

The City of Roswell, Georgia, is a northern suburb of Atlanta located in Fulton County with an estimated population of 94,959 residence, and 632 city employees. Roswell is known for its Historic District and has 13 parks with over 1000 acres of active and passive parkland and facilities. The City has a solid financial reputation, and is one of the few municipalities in Georgia with an AAA rating from both Moody and Standard and Poor’s.

The City’s Vision is to be the #1 family community in America, and we plan to provide our citizens with an exceptional quality of life by living out our core values of accountability, communication, inclusion, innovation, trust, excellence, respect, responsiveness, and transparency.

1.2 Background

The City of Roswell is seeking Request for Qualifications (RFQ) from prospective contractors with experience in performing services related to fire maintenance to perform work at City-owned buildings and facilities. After evaluation and award of the contractor(s) the City intends to establish a 3-year term contract with multiple contractors to perform the services mentioned in the scope of services.

This procurement does not constitute an offer by the City to enter into an agreement and cannot be accepted by any contractor to form an agreement. This procurement is only an invitation for offers from interested contractors and no offer shall bind the City.

Scope of Services and Overview

Maintenance and repair will include labor, parts, tools, equipment, miscellaneous materials, and supervision to facilitate the general maintenance and standard repair. All work must be performed in compliance with all applicable laws, regulations, and codes.

Upon agreement, city will have the option to add or subtract other facilities to the schedule.

Any work that will require the procurement of permits, the awarded contractor will be responsible for obtaining any, and all necessary permits.

Services shall include, but not limited to:

General Services

Detection and Alarm Systems – Testing and Inspection Service

• Fire alarm repairs, tests, and inspections shall confirm to the applicable section(s) of the National Fire Protection Association (NFPA) standards.

• Fire alarms shall be worked steadily throughout the contract year to inspect approximately 25% of the buildings each quarter and 100% of the requested buildings during the contract year. Contractor shall be completed with all annual tests and inspections 30 days before the 3-year anniversary date of the initial contract, including all related deliverables. The City of Roswell operates on a fiscal year, July 1 through June 30.

• Annual full functional testing is for the following, but not limited to, all fire alarm interfaces including fire extinguishers, air handlers, elevators, door holders, fire doors, security locks, tampers, duct detectors, flow switches, fire alarm control panels, remote annunciation panels, smoke detectors, audible and visual signaling devices, and fire pump-monitoring switches. While testing each of the detectors, inspection for any physical damage will be performed. Contractor is responsible for notifying the City when the City’s assistance is required to check interfaced systems.

• Accessible smoke detection devices will be cleaned utilizing manufacturer’s recommended procedures to help minimize false alarms. Devices may be dismantled to expose the smoke chamber (where applicable) and cleaned prior to sensitivity testing using soft cloth, lint brush, or non-electrostatic vacuum. Devices will be tested at a rate of 50% per year. All accessible components and devices will be logged for:

a. Exact Location

b. Test results/applicable voltage readings

c. Any discrepancies noted, recommendations for correction, and any corrections made on site.

• All system testing will be performed in compliance with all applicable laws, codes, and regulations.

• Contractor shall furnish and install stickers on each fire alarm panel with emergency call number for Contractor.

• Contractor shall provide full functional testing of all smoke detectors, duct detectors, heat detectors, pull stations, and audio/visual devices for proper activation and notification of each device. While testing each of the detectors, inspection for any physical damage will be performed.

• The battery supply is to be tested to ensure proper charging and integrity of system components.

Water Based Engineered Suppression Systems – Testing and Inspection Service

• Sprinkler systems shall be inspected/serviced per the NFPA standards and the manufacturers’ requirements.

• The FM200 Suppression system(s) shall have all regular and routine tests and inspections annually as designated/required in accordance with the NFPA standards and manufacturer requirements.

Kitchen Suppression System – Testing and Services

• The hood suppression system shall be inspected/serviced to include replacing the fusible links semi-annually per the NFPA Code 17 and manufacturers’ requirements.

Maintenance

• All work beyond the inspection and testing program will be performed on a time and material basis only after specific authorization by the City’s designated representative(s).

• Repair parts and equipment must be compatible with existing systems. Parts will be warranted per the manufacturer’s warranty period. Labor will be warranted for a minimum of 30 days.

Monitoring of Fire Alarms

• Contractor shall provide 24 hour, 365 days per year monitoring of all fire systems and will report all occurrences to the City of Roswell’s E-911 Center when an alarm or trouble signal is received.

1. Response Time for Normal Service Calls: The awarded contractor(s) must be able to respond to a normal service call within 24 hours of receiving a call or purchase order (via e-mail) from the City of Roswell.

2. Emergency Work: Emergency work is defined as an unforeseen combination of circumstances, which includes a threat to the health, wellbeing, and safety of citizens and property. In the event of an unforeseen emergency, a response is required within 2-4 hours of receiving the notice. For emergency calls received outside of normal business hours (evenings, weekends, and/or holidays), the contractor shall provide a contact person’s name and telephone number or have a voice mail paging or answering service.

Contractors using a voice mail paging or answering service shall be required to initiate a call back to the City within 30 minutes.

3. Debris/Trash Removal and Disposal: The Contractor will be responsible for the removal of all debris from the site and all areas of work must be left in a clean and safe condition.

The Contractor must keep the premises free of debris and unusable materials resulting from their work. As work progresses, the successful Contractor will move all debris and materials from the City’s property. Any damage done by the Contractor’s personnel, or their subcontractors, to any part of the building, equipment, furniture, fixtures, landscaping or any other items must be repaired or replaced in an acceptable manner and at no cost to the City. All project related debris and trash will be removed at the expense of the Contractor.

General Qualifications:

1. Each contractor participating in this procurement must have and submit a valid Fire Protection License demonstrating a minimum of 5 years of continuous operation as a licensed Fire Protection contractor in providing fire protection services to governmental agencies located in the State of Georgia.

2. Each contractor must submit, with its proposal, documentation that it is duly registered, licensed, and authorized to conduct business in the State of Georgia.

3. The Project Manager, Safety Manager, and Superintendent shall have a minimum of 5 years’ experience overseeing Fire Protection services.

4. Name, address of business headquarters, and brief description of contractor (years in business, licenses held, certifications, association memberships, etc.)

5. Resumes of key personnel to be assigned to this project, years of experience with the firm, and all current professional certifications.

6. Provide a project team organization chart depicting team members, including names, titles, and specific responsibilities of team members.

7. A one-page narrative as to the firm’s interest, particular abilities, and qualifications related to this project.

8. Provide examples of knowledge, expertise and/or experience with other related work that the contractor believes will benefit the city.

Management Plan

The City requires that each contractor be capable of self-performing as well as managing the work of all sub-contractors (if applicable). Please describe in detail:

1. The capacity and capability to perform multiple projects at multiple locations simultaneously. Please describe how the firm plans to perform multiple tasks and execute the work assigned to the team.

2. Describe the team’s role and duties of each position by indicating who will manage the overall project, provide estimates and quotes, attend pre-project meetings, prepare work orders, supervise the project and perform administrative tasks.

3. Describe firm approach to the close-out of a project, corrections to unacceptable work, and punch list procedures.

4. Provide the physical resources the contractor owns, including equipment, trade tools, vehicles, bucket trucks, etc.

5. Identify 3 projects the contractor has completed during the past 3 years including:

a. The name of the project;

b. The value of the project;

c. Start and end dates of the project;

d. Brief description of the project, including size and major work components;

e. Description of work performed; and

f. Owner references for each project, including contact name and telephone number.

6. Vendor shall provide a list of any sub-contractors, including the names, addresses, and telephone numbers of recent clients, preferably other public agencies for which the vendor has done similar work.

1.3 Project Manager for City of Roswell

The successful Offeror will report to the Facilities Services Manager (or designee). Successful Offerors agree to take direction from the project manager and to make all project documentation available upon request. The project manager shall have sole discretion as to the acceptability of all work.

1.4 No limit to competition

No specification implied or expressed is intended to limit competition. The specifications below are intended as a guide for the goods and services on which vendors are to submit a Proposal. These requirements and other specifications are not designed to prevent any vendor from submitting a Proposal. All equipment should comply with the requirements within a generally acceptable range.

2 EVALUATION CRITERIA

2.1.1 Pass / Fail Criteria

2.1.1.1 Question: When was your firm established? Firms must have been in business for at least three (3) years at the time of Proposal due date in order to qualify to submit a proposal.

Please provide documentation (business license, etc…) that will confirm the date of establishment.

2.1.1.2 Question: Has your firm performed five similar contracts within the last three years? Firms must have performed similar scopes of work at similar levels at least three (3) times within the last five (5) years. Please provide a profile of each project and reference contact information, including owner names, email, and telephone numbers –A form to accomplish this purpose is posted with the Project and required for upload.

2.1.1.3 Question: Does your firm possess adequate credentials / license to perform the scope of work?

2.1.2 Evaluation Criteria

The following criteria will be utilized for the purpose of evaluation:

1. [Technical Approach 20 pts]

a. Scoring will be based on Offeror approach to providing service and deliverables relative to the scope of work presented in the solicitation. Responses to questions in the questionnaire and relevant information uploaded to the project site classified as relevant to this criteria will be used to formulate scoring responses by the review committee.

2. [Specialized Experience 20 pts]

b. Scoring will be based on Offeror work experience relative to the scope of work presented in the solicitation. Responses to questions in the questionnaire and relevant information uploaded to the project site classified as relevant to this criteria will be used to formulate scoring responses by the review committee.

c. [Staff Capabilities 10 pts]

a. Scoring will be based on Offeror proposed Key Staff, their resumes and demonstrated capabilities. Responses to questions in the questionnaire and relevant information uploaded to the project site classified as relevant to this criteria will be used to formulate scoring responses by the review committee.

d. [Workload Capacity 10 pts]

a. Scoring will be based on Offeror’s proposed staffing and relevant experience. Responses to questions in the questionnaire and relevant information uploaded to the project site classified as relevant to this criteria will be used to formulate scoring responses by the review committee.

e. [Past Performance on Similar Projects 20 pts]

a. Scoring will be based on Offeror past performance on similar projects. Both similarity to the current project and success of the project itself will be evaluated. This criteria will be scored based on an assessment of the similarity of reference projects to the RFQ 24-305-C scope of work as well as contractor performance. Additional information, including but not limited to documented knowledge of Evaluation Committee members as well as documented past performance on City of Roswell projects may also be taken into consideration under this criteria along with provided reference projects. [We can either state here that responses from references will be included in the scoring portion, if it is the intent of the committee to judge references for the purpose of scoring, or we can leave references as a matter of responsibility, in which case they would not be scored, but, if a reference provides concerning information, the committee could still take into consideration as a matter of responsibility]. Responses to questions in the questionnaire and relevant information uploaded to the project site classified as relevant to this criteria will be used to formulate scoring responses by the review committee.

f. [Qualifications 20 pts]

a. Minimum qualifications (licensing) to perform work is a pass/fail criteria.

Scoring for this criteria will be based on a combination of the qualifications of the Offeror as well as individual qualifications of Key Persons (Offeror’s Project Manager and primary support staff). Certifications and additional education (and potentially aspects of particular projects) that make Offeror and/or Key Persons particularly suited for the anticipated work. Responses to questions in the questionnaire and relevant information uploaded to the project site classified as relevant to this criteria will be used to formulate scoring responses by the review committee.

2.1.2.1 Financial Stability

Offeror may be required to provide suitable documentation to establish Financial Stability.

Acceptable documentation includes audited or reviewed financial statements, partnership or corporation tax returns, bank or financial institution commitments, or other verifiable information demonstrating financial stability. If the City requires this information to establish Financial Stability it may be required either: 1) As a required upload or; 2) as a post submission request for additional information.

2.2 Cost Proposal (negotiated not scored)

The Offeror shall submit a Cost Proposal for services required to provide all project deliverables as generally described in the Scope of Work. The Cost Proposal must provide a breakdown of the skill mix and billable rates (federally audited overhead rate, costs, and any general and administrative costs that may be applied to costs, and profit) and build to specific fixed hourly rates which will be multiplied by direct labor hours proposed to provide these deliverables. For Task Order type contracts, this will build to a fixed hourly rate which will remain fixed for the initial term. For task order contracts task orders may be issued on a Lump Sum or Time and Materials Not-To-Exceed basis. For Lump Sum Task Orders negotiations will begin with a comparison of an estimate by the department and proposed offer by the Consultant using proposed fixed hourly rates and associated time as a basis for negotiation to a Lump Sum Agreement. Consultants may request increases to their rates (based on the same criteria used for initial negotiation) at the start of each renewal term.

Cost proposals must provide Proposed Fees to meet the requirements of the scope of work deliverables.

A second and/or separate and cost proposal should be prepared for work proposed within the general scope if proposing additional deliverables. Additional deliverables that may be associated with approach and not listed as a deliverable in the RFQ 24-305-C Scope of Work may be proposed with separate costs.

3 CONTRACT TERM

[if for a single item or service, with no ongoing annual contract use the following: “The term of the CONTRACT shall begin on the Execution Date above, and shall be for the duration of the project, unless sooner terminated as permitted herein, or unless extended by agreement of the parties set forth in writing. The CONTRACTOR is required to submit to the City a Certificate of Insurance and additional insured endorsement prior to commencing work. In addition, the work shall be scheduled as agreed upon by the parties.” If there are to be renewals, etc.. use the following: “This contract is intended to be a multi-year contract for the services or items described in the solicitation. Pursuant to Georgia Law, this contract will terminate absolutely on December 30 of the fiscal year in which it is executed (the initial term). Unless either party gives written notice on or before May 1st of any year in which the agreement is in effect, the agreement will automatically renew on January 1st of any year in which a renewal is available. The initial term, renewal terms, and final renewal term (together) will equal no more than three (3) years.]

4 INSURANCE

4.1 General Insurance Requirements

The Offeror shall provide the City of Roswell with a certificate of insurance, along with an additional insured endorsement to the address listed under Section 1.1 indicating the existence of the policies prior to the beginning of the contract term. Each policy shall contain a valid provision or endorsement that the policy may not be canceled without giving thirty (30) days written notice thereof to the City of Roswell representative named in the contract. A renewal policy or certificate shall be delivered to the City of Roswell at least thirty (30) days prior to the expiration date of each expiring policy. If at any time, any of the policies shall be or become unsatisfactory to the City of Roswell as to form or substance, or any of the carriers issuing such policies shall be or become unsatisfactory to the City of Roswell, the Offeror shall deliver to the City of Roswell representative upon demand a certified copy of any policy required herein for review. The additional insured endorsement shall state that the City of Roswell is additionally insured – statements on Certificates of Insurance will not meet this requirement. The requirement is typically met through a separate, signed form, or by means of providing sections of the insurance policy that make broad statements regarding additional insured status as it relates to contractual relationships.

All insurance documents should be sent directly from the Insurance Company to purchasing@roswellgov.com with a copy to the contractor (if required by the contractor). The limits will be posted to the project Website.

mailto:purchasing@roswellgov.com

QUALIFICATIONS LETTER AND CERTIFICATION – COR F-1

(FAILURE TO INCLUDE THIS SIGNED QUALIFICATIONS LETTER AND PROPOSAL

CERTIFICATION MAY RESULT IN THE REJECTION OF YOUR PROPOSAL.)

We propose to furnish and deliver any and all of the deliverables and services named in the attached RFQ# «NUMBER» «TITLE» for the City of Roswell for which prices have been set. The price or prices offered herein shall apply for the duration of the Project. This contract is an Fire Proection service contract.

It is understood and agreed that this proposal constitutes an offer, which when accepted in writing by the City of Roswell, and subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and the City of Roswell (“City”).

It is understood and agreed that we have read the City’s scope of work and specifications shown or referenced in the RFQ 24-305-C and that this proposal is made in accordance with the provisions of such scope of work and specifications. By our written signature on this proposal, we guarantee and certify that all items included in this proposal meet or exceed any and all such City scope of work and specifications described in this RFQ. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City.

It is understood and agreed that this proposal shall be valid and held open for a period of one hundred eighty (180) calendar days from proposal opening date.

PROPOSAL SIGNATURE AND CERTIFICATION

I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal (“Offeror”) for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive offers violate state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the Offeror. I further certify that the provisions of O.C.G.A. § 45-10-20, et seq. have not been violated and will not be violated in any respect.

Authorized Signature for Offeror

Date

Print/Type Signatory Name

Print/Type Offeror Name Here

Bid Pricing/Schedule Please provide your cost for Fire Protection System Services; itemized if possible.

SPECIAL RFQ 24-305-C ELEMENTS EXHIBIT A

SAMPLE CONTRACT – DO NOT SUBMIT WITH OFFER

City of Roswell

CONTRACT AGREEMENT

RFQ 24-305-C

This Agreement made and entered into on the execution date by and between the City of Roswell, Georgia, having its principle place of business at 38 Hill Street, Roswell GA 30075 and ___________ having its principle place of business at _____________________.

WHEREAS, the City of Roswell has caused Request for Qualifications 24-305-C to be issued soliciting statements of qualification from qualified contractors to furnish all items, labor services, materials and appurtenances called for by them in accordance with this contract. Selected Contractor is required to provide the services as called for in the Statement of Work; and

WHEREAS, the Contractor submitted a proposal in response to the RFQ; and

WHEREAS, the Contractor’s proposal was deemed by the City of Roswell to be the proposal most advantageous to the City;

NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree to compensation according to the agreed upon amount of $_______________ [per year if multi-year award – or in accordance with the Offeror’s proposed per year cost] for services to be provided as follows:

1 Statement of Work The Contractor agrees to provide all Services and comply with all requirements specified in the Statement of Work, attached and incorporated as Contract Attachment C. The Statement of Work stands as the final negotiated and detailed elements of work required by the contract.

2 Term of Contract See RFQ 24-305-C Special Elements.

3 Independent Contractor

3.1 The Contractor shall be an independent Contractor.

The Contractor is not an employee, agent or representative of the City of Roswell. The successful Contractor shall obtain and maintain, at the Contractor’s expense, all permits, license or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses or approvals to the City of Roswell Representative within ten (10) days after issuance of Notice to Proceed.

3.2 No False Representation

Inasmuch as the City of Roswell and the Contractor are independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City of Roswell without the express knowledge and prior written consent of the City.

3.3 Invoices

The Contractor may submit progress invoices on a monthly basis for all Services performed in the preceding month. The City of Roswell shall pay undisputed portions of each milestone progress invoice within thirty (30) days of the date of the invoice. Please send all to invoices@roswellgov.com.

4 Indemnification The Contractor agrees to indemnify, hold harmless and defend the City from and against any and all liabilities, suits, actions, legal proceedings, claims, demands, damages, costs and expenses (including attorney’s fees) rising out of any negligent act or omission of the Contractor, its agents, subcontractors or employees in the performance of this Contract.

mailto:invoices@roswellgov.com

5 Insurance See RFQ, Exhibit 7

6 Termination

6.1 Notice

Any other provisions of this agreement notwithstanding, each party has the right to terminate this Agreement if the other party breaches or is in default of any obligation hereunder which default or breach is incapable of cure or which, being capable of cure, has not been cured within thirty (30) calendar days after receipt of written notice of such default (or such additional cure period as the non-defaulting party may authorize in the written notice). In addition, if at any time after commencement of the Services, the City of Roswell shall, in its sole reasonable judgment, determine that such Services are inadequate, unsatisfactory, no longer needed, or substantially not conforming to the descriptions, warranties, or representations contained herein, the City may terminate this Agreement upon thirty (30) days written notice to the Contractor.

6.2 Termination for Lack of Funds

If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract will be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

6.3 Immediate Termination

The City of Roswell may terminate the agreement immediately without prejudice to any other right of action or remedy if the Contractor:

6.3.1 Cause for Immediate Termination

Becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets, or becomes subject to any proceeding under any bankruptcy or insolvency law, whether domestic or foreign, or has wound up or liquidated, voluntarily or otherwise. In the event that any of the above events occur, the Contractor shall immediately notify the City of Roswell of each occurrence.

6.3.2 Additional Causes for Immediate Termination

After five (5) days written notice fails to:

6.3.2.1 Maintain the required insurance, or;

6.3.2.2 In any other manner to perform the requirements of the RFQ.

6.4 Anticipatory profits or costs incurred

The Contractor, subcontractors/suppliers/sub-suppliers may not recover anticipatory profits or costs incurred after notice termination, as long as such costs could reasonably have been avoided after notice was provided.

7 Compliance with All Laws and Licenses The Contractor must obtain all necessary licenses and comply with local, state and federal requirements.

The Contractor shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement.

8 Assignment The Contractor shall not assign or subcontract the whole or any part of this Agreement without the City of Roswell’s prior written consent.

9 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties.

10 Drug-Free and Smoke-Free Work Place A drug-free and smoke-free work place will be provided for the Contractor’s employees during the performance of this Agreement; and The Contractor will secure from any subcontractor hired to work in a drug-free and smoke-free work place a written certification so stating and in accordance with Paragraph 7, subsection B of the Official Code of Georgia Annotated Section 50-24-3.

The Contractor may be suspended, terminated, or debarred if it is determined that:

1. The Contractor has made false certification herein; or

2. The Contractor has violated such certification by failure to carry out the requirements of Official Code of Georgia Annotated Section 50-24-3.

10.1 Drug-Free Workplace

If Contractor is an individual, he or she hereby certifies that he or she will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this contract.

10.1.1 Certification:

If Contractor is an entity other than an individual, it hereby certifies that:

i. A drug free workplace will be provided for the Contractor's employees during the performance of this contract; and

ii. It will secure from any subcontractor hired to work in a drug free workplace the following written certification: "As part of the subcontracting agreement with (Contractor's Name), (Subcontractor's Name), certifies to the Contractor that a drug free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph 7 of subsection B of Code Section 50 24 3."

10.1.2 Penalties:

Contractor may be suspended, terminated, or debarred if it is determined that:

i. The Contractor has made false certification hereinabove; or

ii. The Contractor has violated such certification by failure to carry out the requirements of Official

Code of Georgia Section 50 24 3.

11 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia.

12 Policy on Hiring of Non-Resident Aliens The final award of a contract is contingent upon compliance with O.C.G.A. 13-10-91 and Chapter 300- 10-1 of the Rules of the Georgia Department of Labor, and the Contractor certifying to the City that it, and all its subcontractors, has registered and currently participates in the federal work authorization program to verify information of all new employees with respect to all public employers, contractors, or subcontractors. Contractor may be suspended, terminated, or debarred if it is determined that the Contractor has made false certification or that the Contractor has violated such certification by failure to carry out this requirement.

13 Inclusion and Precedence of Documents The Referenced RFQ, any files identified as “documents” or “addenda” that are uploaded to the Bonfire Project website, and the Contractor’s Proposal submitted in response thereto, including any best and final offer, are incorporated in this Agreement; form an integral part of this agreement; and, are attached hereto as follows:

ATTACHMENTS:

Attachment A - RFQ 24-305-C: (Including all files identified as “documents” or “addenda”) Attachment B - Proposers Offer – Date: ________ Attachment C – Statement of Work

In the event of a conflict in language between this Agreement and the foregoing documents incorporated herein, the provisions and requirements set forth in this Agreement shall govern. In the event of a conflict between the language of the RFQ, as amended, and the Contractor’s proposal, the language in the former shall govern.

14 Subcontractors The lowest responsive and responsible Offeror will be the prime contractor, if a contract is awarded, and shall be responsible, in total, for all work of any subcontractors. The City of Roswell reserves the right to approve all subcontractors. The Contractor shall be responsible to the City of Roswell for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract award derived from this RFQ 24-305-C shall create any contractual relationships between any subcontractor and the City of Roswell

15 Compliance with Workers Compensation Act The Contractor is required to supply the City of Roswell with proof of compliance with the Workers’ Compensation Act while performing work for the City of Roswell. Neither the Contractor nor its employees are employees of the City of Roswell. Proof of compliance must be received at the address listed under Section 1.1 within acceptable time limits established by the contract. If the Contractor does not meet the State’s requirement for workers’ compensation coverage, the certificate of insurance shall state that the contractor waives subrogation in regard to workers’ compensation.

16 Substitutions and Change Orders NO substitutions of material, schedule cancellations, or change orders are permitted after contract award without written approval by the City Administrator. Where specific employees are proposed by the Offeror for the work, those employees shall perform the work as long as those employees work for the Contractor, either as employees or subcontractors, unless the City of Roswell agrees to a replacement.

Requests for any substitution will be reviewed and may be approved by the City of Roswell at its sole discretion. Verbal agreements to the contrary will not be recognized.

17 Invoicing and Payment The City of Roswell agrees to pay the Offeror in current funds for the performance of the contract. Unless otherwise noted in the RFQ 24-305-C Special Elements, the successful offeror will be paid upon completion of work and acceptance of the items or services, the Offeror shall submit an invoice detailing the appropriate charges as currently allowed.

The City will process approved payment requests under this project to the awarded Contractor. Payment to subcontractors and suppliers is the responsibility of the awarded Contractor. The City will not entertain any other payment arrangements.

Invoices shall be submitted to:

Roswell Finance Department Attn: Accounts Payable invoices@roswellgov.com 38 Hill Street Roswell, GA 30075

Upon receipt of invoice and inspection and acceptance of the items, the City of Roswell will render payment. All such invoices will be paid within thirty (30) days by the City of Roswell unless any items thereon are questioned, in which event payment will be withheld pending verification of the amount claimed and the validity of the claim. The Offeror will provide complete cooperation during any such investigation.

No sales tax will be charged on any orders.

Successful Offeror(s) must provide the City with a completed and signed W-9

18 Deliveries In the event there are to be deliveries on site, all goods and materials will be F.O.B. Destination, Freight Prepaid and Allowed. The onsite delivery address will be within the City of Roswell City Limits, with a specific address to be provided by the City upon request. Unless otherwise noted, the delivery address will correspond to the site of the work in question or as directed by the responsible department.

No freight or postage charges will be paid by the City of Roswell unless such charges are included and accepted in the proposed price and awarded by contract. The Offeror, at Offeror’s expense, will arrange to have someone onsite to inspect and accept delivery. The Offeror has sole responsibility for securing all materials at the project site. Offeror shall transfer and deliver to the department named all of the goods and/or services described in this solicitation for the consideration set forth herein. Risk of loss of the goods shall pass to the department upon acceptance only. Title to the goods shall remain with vendor until acceptance by the department.

19 Compliance with Laws The Contractor must, in performance of work under the contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including, but not limited to, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Offeror subjects subcontractors to the same provision. The Offeror agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract.

20 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Either party has relied on any representation, promise, or inducement not contained herein.

(Remainder of this Page left intentionally Blank)

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature.

CITY OF ROSWELL: CONTRACTOR:

By: __________________________ By: ________________________________

Title:_________________________ Title:_______________________________

Name:________________________ Name:______________________________

Date: ________________________ Date: ______________________________

ATTACHMENT A

RFQ 24-305-C

ATTACHMENT B

AWARDED SUPPLIER RESPONSE TO RFQ# 24-305-C

ATTACHMENT C

STATEMENT OF WORK

REQUIRED EXHIBITS

ALL DOCUMENTS MUST BE SIGNED IN “BLUE” INK AND RETURNED

WITH YOUR PROPOSAL DOCUMENTS.

CONTINUED ON NEXT PAGE

EXHIBIT 1 = E-VERIFY

EXHIBIT 2 = GEORGIA SECURITY AND IMMIGRATION COMPLIANCE AFFIDAVIT

EXHIBIT 3 = DRUG FREE WORKPLACE

EXHIBIT 4 = NON-COLLUSION

EXHIBIT 5 = WITHDRAWAL REQUEST

EXHIBIT 6 = INSURANCE REQUIREMENTS

City of Roswell Standard Forms

Contractor Affidavit under O.C.G.A. § 13-10-91(b)(l)

The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any contract to which Contractor is a party that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with

O.C.G.A. § 13-10-91, attesting as follows:

a) The Contractor has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program;

b) The Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof;

c) The Contractor will notify the public employer in the event the Contractor ceases to utilize the federal work authorization program during the contract period, including renewals or extensions thereof;

d) The Contractor understands that ceasing to utilize the federal work authorization program constitutes a material breach of Contract;

e) The Contractor will contract for the performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the Contractor with the information required by O.C.G.A. § 13-

10-91(a), (b), and (c);

f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s) subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to which Contractor is a party after the date hereof without further action or consent by Contractor; and

g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to the public employer within five business days of receipt.

Federal Work Authorization User ID Number (6 or 7 digits only) Date of Authorization

Name of Contractor Name of Project

Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on ________________, _____, 20__ in ___________________________ (city), ________(state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE _______ DAY OF _____________, 20______.

NOTARY PUBLIC

My Commission Expires: _________________________

City of Roswell, GA

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT

Contractor(s) Name:

Address: __________________________________

By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A.

§ 13- 10-91, stating affirmatively that the individual, firm, or corporation which is registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E- Verify,* in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.

The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91(b).

The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Roswell within five (5) business days after any subcontractor(s) is/are retained to perform such service.

E Verify TM Company Identification Number Date of Authorization

BY: Authorized Officer or Agent Date (Name of Person or Entity)

SUBSCRIBED AND SWORN BEFORE

ME ON THIS THE

__________ DAY OF , 20_

[NOTARY SEAL]

Notary Public

My Commission Expires:

* Or any subsequent replacement 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. 99-60

DRUG-FREE WORKPLACE

The undersigned certifies that the provisions of Code Sections 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the “Drug-free Workplace Act”, have been complied with in full. The undersigned further certifies that:

(1) A drug-free workplace will be provided for the Service Provider’s employees during the performance of the Contract; and

(2) Each Service Provider who hires a subcontractor to work in a drug-free workplace shall secure from the subcontractor the following written certification:

“As part of the subcontracting agreement with (Service Provider), (subcontractor) certifies to the Service

Provider that a drug-free workplace will be provided for the subcontractor’s employees during the performance of this Contract pursuant to paragraph (7) of the subsection (b) of Code Section 50-24-03.”

Also, the undersigned further certifies that he/she will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract.

Company Name

BY: Authorized Officer or Agent Date (Service Provider Signature)

Title of Authorized Officer or Agent of Service Provider

Printed Name of Authorized Officer or Agent

NON-COLLUSION AFFIDAVIT

The undersigned bidder or agent, being duly sworn on oath, says that he/she has not, nor has any other member, representative, or agent of the firm, company, corporation, or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding.

He/She further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee gift, commission or thing of value on account of such sale.

OATH AND AFFIRMATION

I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND

INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE

AND CORRECT.

Dated this day of , (Name of Organization)

(Title of Person Signing)

(Signature)

(Bid Number)

STATE OF ___________________________)

COUNTY OF )

Before me, a Notary Public, personally appeared the above named and swore that the statements contained in the foregoing document are true and correct.

Subscribed and sworn to me this day of .

Notary Public Signature:

My Commission Expires:

WITHDRAWAL REQUEST

City of Roswell Purchasing Department

a. Prior to the due date, a submitted proposal may be withdrawn by the Offeror by submitting a written request to the Buyer named herein. A person authorized to sign for the Offeror must sign all such requests.

The City reserves the right to add provisions to the contract to be consistent with the successful Offeror's offer and to negotiate with the successful Offeror other additions to, deletions from, and/or changes in the language in the Contract, provided that no such addition, deletion or change in Contract language would, in the sole discretion of the City affect the evaluation criteria set forth herein, or give the successful Offeror a competitive advantage.

Any exceptions to the agreement must be clearly identified, accompany the Offeror's proposal, and be attached to the agreement. Offerors are cautioned that any exception submitted that will give the Offeror a competitive advantage over another Offeror or that will cause a failure to meet a mandatory requirement of the RFP will not be accepted.

Prior to award, the apparent winning Offeror(s) may be required to enter discussions with the city to resolve any contractual differences before an award is made. These discussions are to be finalized and all exceptions resolved within one (1) week of notification, if not, this could lead to rejection of the Offeror's proposal. The offer will not retype the enclosed contract.

I. CERTIFICATION

By my signature below, it is certified that my firm can meet all terms of the RFP and will perform the services specified and for the privilege of doing so on the City of Roswell premises. I understand that, upon proper acceptance of this offer by the City of Fairburn, a contract will thereby be created.

Given under my hand this day of , 20 .

Name of Firm

Signature

Title

Business Address

Sworn to and subscribed before me this day of , 20 .

Email address

Rev 10/2020

PROFESSIONAL SERVICES INSURANCE GUIDELINES

(For projects less than $5,000,000)

Statutory Workers' Compensation Insurance

(a) Employers Liability:

Bodily Injury by Accident - $100,000 each accident Bodily Injury by Disease - $500,000 policy…