RFQ PWUP 24_02 _ On_Call Professional Enginee.pdf

City of Norcross Public Works, Utilities & Parks Department

REQUEST FOR STATEMENT OF QUALIFICATIONS

ON-CALL PROFESSIONAL ENGINEERING & DESIGN SERVICES

RFQ PWUP 24-02

City of Norcross Public Works, Utilities & Parks Department

REQUEST FOR STATEMENT OF QUALIFICATIONS

ON-CALL PROFESSIONAL ENGINEERING & DESIGN SERVICES

RFQ PWUP 24-02

INTRODUCTION & OVERVIEW:

The City of Norcross is soliciting qualifications from qualified professional firms experienced in and able to provide on-call general engineering services (Traffic Engineering and Road/Drainage Design, Site Development Engineering & Landscape Architecture, Surveying, Environmental Engineering, Geotechnical Engineering and Materials Testing, Architectural Design & Structural Engineering), which will be needed on an as-needed basis on City projects. The City seeks multiple firms to provide engineering services, management, support, and oversight to coordinate, plan, direct, control, and perform the scope of work listed below. Interested firms shall provide qualified and experienced technical and professional personnel to perform duties and responsibilities as assigned.

This Request for Qualifications (RFQ) is an invitation by the City of Norcross for consultants to submit an offer, which shall be subject to evaluation and subsequent discussion(s). All prospective consultants will be afforded full opportunity to submit responses to this RFQ by submitting in the form and manner as indicated in this RFQ their interests, complete details on how they would provide the services, statements of experience and costs to provide the services, along with other requested information.

The statement of qualifications package should be clearly marked “RFQ PWUP 24-02 – ON-CALL PROFESSIONAL ENGINEERING & DESIGN SERVICES” on its face and submitted by 11:00 a.m. on March 1, 2024, to the address below. Please submit two printed copies and one electronic copy (USB) of your RFQ package to:

City of Norcross – PWUP 345 Lively Avenue

Norcross, GA 30071

RFQ 24-04 – ON-CALL PROFESSIONAL ENGINEERING & DESIGN SERVICES

Attn: Christabel Ghansah, Capital Projects Manager

Both printed and electronic copies must contain the same information.

Please submit questions/requests via e-mail only to procurement@norcrossga.net by 5:00 p.m. on February 16, 2024.

No submission will be received or accepted after the above specified date and time. Submissions received after the designated date and time will be deemed invalid and returned unopened to the firm. No submission may be withdrawn within thirty (30) days after the deadline and all submissions shall remain firm during this period. Requests for withdrawals must be submitted in writing.

We appreciate your interest in the City of Norcross!

mailto:procurement@norcrossga.net

RFP/RFQ CHECKLIST

The 10 Most Critical Things to Keep in Mind When Responding to an RFP/RFQ for the City of Norcross

1. Read the entire document. Note critical items such as: mandatory requirements;

supplies/services required; submittal dates; number of copies required for submittal;

funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.).

2. Note the City of Norcross’ staff member’s name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP/RFQ and is an excellent source of information for any questions you may have.

3. Attend the Pre-Proposal webinar if one is offered, these conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP/RFQ.

4. Take advantage of the “question and answer” period. Submit your questions by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFP/RFQ. All addenda issued for this RFP/RFQ will be posted on the City’s website and will include all questions asked and answered concerning the RFP/RFQ.

5. Follow the format required in the RFP/RFQ when preparing your response. Provide point- by-point responses to all sections in a clear and concise manner.

6. Provide complete answers/descriptions. Read and answer all questions and requirements. Do not assume the City or Evaluation Committee will know what your capabilities are or what items/services you can provide, even if you have previously contracted with the City. Evaluations are based solely on the information and materials provided in your response.

7. Use the forms provided, i.e., reference form, sample budget form, certification forms, etc..

8. Check the City website for RFP/RFQ addenda. Before submitting your response, check the City website at https://www.norcrossga.net/bids.aspx to see whether any addenda were issued for the RFP/RFQ.

9. Review and read the RFP/RFQ document again to make sure that you have addressed all requirements.

10. Submit your response on time. Note all the dates and times listed and be sure to submit all required items on time. Late and incomplete responses are never accepted.

This checklist is provided for assistance only and should not be submitted with Company’s Response.

https://www.norcrossga.net/bids.aspx

CITY OF NORCROSS STATEMENT OF QUALIFICATIONS LETTER

We propose to furnish and deliver any and all of the deliverables and services named in the attached Request for Statement of Qualifications (RFQ) for which prices have been set. The price or prices offered herein shall apply for the period stated in the RFQ.

It is understood and agreed that this Statement of Qualifications constitutes an offer, which when accepted in writing by the City of Norcross and is subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and the City of Norcross.

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

It is understood and agreed that this Statement of Qualifications shall be valid and held open for a period of one hundred twenty (120) days from Statement of Qualifications opening date.

STATEMENT OF QUALIFICATIONS SIGNATURE AND CERTIFICATION

(Company to sign and return with Statement of Qualifications)

I certify that this Statement of Qualifications is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Statement of Qualifications for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the Statement of Qualifications and certify that I am authorized to sign this Statement of Qualifications for the Company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect.

Authorized Signature Date

Print/Type Name _ _ _ _ _ _ _ _ _ _ _ _

Print/Type Company Name Here

Phone Number ______________________ Email Address __________________________

CITY OF NORCROSS DISCLOSURE FORM

This form is for disclosure of campaign contributions and family member relations with City of Norcross officials/employees.

Please complete this form and return it part of your RFQ package.

Name of Company

Name and the official position of the Norcross Official to whom the campaign contribution was made

(Please use a separate form for each official to whom a contribution has been made in the past two (2) years.)

List the dollar amount/value and description of each campaign contribution made over the past two

(2) years by the Applicant/Opponent to the named Norcross Official.

Amount/Value Description

Please list any family member that is currently (or has been employed within the last 9 months) by the City of Norcross and your relation:

1.0 INTRODUCTION

1.1 PURPOSE OF PROCUREMENT

The City of Norcross seeks design-consulting firms to provide professional engineering, planning, and landscape architectural related services for an annual on-call professional services consulting agreement. Services provided under the on-call professional engineering and design services agreement could include the following disciplines.

• Traffic Engineering and Road/Drainage Design

• Site Development Engineering & Landscape Architecture

• Surveying

• Environmental Engineering, Geotechnical Engineering and Materials Testing

• Architectural Design

• Structural Engineering

The City intends to select multiple consulting firms through the qualification-based process and intends to execute on-call consulting agreements (with annual renewal options not to exceed 3-years) with the selected firms for services to be provided. The City reserves the right to assign project task orders as the City desires to the selected firms. The selected consultants will work with and coordinate with the City of Norcross Public Works, Utilities and Parks department and the Community Development department throughout the life of the program. Selected firms will be expected to provide services in accordance with the project schedule established by the City of Norcross.

1.2 SCOPE OF SERVICES

1.2.1 Description of Tasks

The scope and services for each project may vary. It is expected that certain projects may require specialized tasks to be performed by sub-consultants. The following list of services, while not an exhaustive list, is provided to demonstrate the types of services that may be requested from the selected design consultants:

• Surveying

• Collection of traffic counts and preparation of traffic studies

• Assisting with public information meetings

• Environmental studies

• Greenspace Design

• Sidewalk Design

• Interior Renovations

• Park Amenity Architecture

• Permitting services including Erosion, Sedimentation, and Pollution Control Plans, environmental permits (wetlands, state waters buffers, etc.), FEMA floodplain map revisions

• Streetscape/Landscape Architecture services

• Bridge/culvert and retaining wall design services

• Hydraulic and Hydrological Studies

• Geotechnical Studies (Bridge Foundation Investigation, Soil Survey)

• Bid Document Preparation and Bid Assistance

• Other services as authorized by the City of Norcross

1.2.2 General Information

1. It is extremely important that project schedules be met. Only those firms or teams with the necessary resources and a commitment to complete all work on schedule should submit a Statement of Qualifications (SOQ).

2. City of Norcross will expect to liaise with a single project manager representing the prime consultant firm and the sub-consultants.

3. The City of Norcross reserves the right to approve sub-consultants.

4. The City may select the best-qualified consultant(s) based on the information received from interested firms because of this solicitation.

5. City of Norcross reserves the right to cancel all Request for Qualifications at any time when it is determined to be in the best interest of the City.

6. City of Norcross also reserves the right to increase, reduce, add or delete any item in this solicitation as deemed necessary.

7. City of Norcross strongly encourages the solicitation of interest from

Disadvantaged Business Enterprises (DBE). Any selection made because of this notice will be made without regard to race, color, religion, sex, or national origin.

8. City of Norcross anticipates hourly/not to exceed contracts to be awarded because of this advertisement.

9. It is the responsibility of all firms interested in submitting Statement of

Qualifications (SOQs) for this advertisement to routinely check the posting on the website for any revisions to this RFQ.

10. Incomplete submittals will not be considered. Late submittals will not be accepted.

1.3 BACKGROUND INFORMATION

Each successful consultant that is awarded an on-call consulting agreement by the City of Norcross will be forwarded selected project descriptions from time to time. Projects descriptions may also be provided by the following phases but not limited to: Database, Concept, Preliminary Plans, Right of way Plans, and Final Plans and Miscellaneous services.

The firm will be requested to prepare and submit proposed scopes of services and fees to produce (in accordance with the on-call consulting agreement) project related documents or provide the requested services. The consultant's submittal package for each project shall include:

• A detailed description of the services to be provided,

• A milestone schedule for major tasks to be conducted by the consultant

• A list of deliverables to be provided by the consultant

• A proposed fee structure for the project

The City will review each submittal and accept, reject, or negotiate a final scope and fee with the selected consultant. The City reserves the right to issue a project description to more than one consultant with on-call agreements. Upon acceptance of a final scope and fee for each project, the City will issue to the consultant a task order-indicating acceptance of the project proposal and authorization to commence services in accordance with the on-call consulting agreement and the project proposal.

1.4 STATEMENT OF QUALIFICATIONS CERTIFICATION

Pursuant to the provisions of the Official Code of Georgia Annotated 50-5-67(a), the City of Norcross certifies the use of competitive sealed bidding will not be practical or advantageous to the City in completing the acquisition described in this RFQ. All Statement of Qualifications submitted pursuant to this request will be made in accordance with the provisions of this RFQ.

1.5 SCHEDULE OF EVENTS

See Appendix A for the detail Schedule of Events

1.6 RESTRICTIONS ON COMMUNICATIONS WITH STAFF

From the issue date of this RFQ until a contractor is selected and the selection is announced, no Firm is allowed to communicate for any reason with any City staff, elected officials, or other contractors or sub-contractors except through the Capital Projects Manager named herein, or during the Company's conference, or as provided by existing work agreement(s).

The City reserves the right to reject the Statement of Qualifications of any Firm violating this provision. All questions concerning this RFQ must be submitted in writing via email to the Capital Projects Manager. No questions other than written questions will be accepted. No response other than written responses will be binding upon the City.

All questions about this RFQ should include the company name and the referenced RFQ section in the following format:

Company Name

1. Question Citation of relevant section of the RFQ

2. Question Citation of relevant section of the RFQ

Please submit questions/requests via e-mail only to the Capital Projects Manager at procurement@norcrossga.net by 5:00 p.m. on February 16, 2024.

1.7 STATEMENT OF QUALIFICATIONS SUBMISSION GUIDELINES

1.7.1 PROCESS FOR SUBMITTING STATEMENT OF QUALIFICATIONS

1.7.2 Preparation of Statement of Qualifications

Each Statement of Qualifications should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation. If supplemental materials are a necessary part of the technical Statement of Qualifications, the Company should reference these materials in the technical Statement of Qualifications, identifying the document(s) and citing the appropriate section and page(s) to be reviewed.

1.7.3 Packaging of Statement of Qualifications

Submissions in response to this RFQ must be divided into two appropriately labeled sections: a Technical Submission and a Cost Proposal. The contents of each package will include:

1. Technical Submission:

• Proposal Certification

• Technical Proposal, addressing all submission requirements

2. Cost Proposal

• The Company must use the Cost Proposal form mailto:procurement@norcrossga.net

Do not include cost information in the Technical Proposal

ANY STATEMENT OF QUALIFICATIONS RECEIVED AFTER THE DUE DATE AND TIME WILL NOT BE

EVALUATED.

1.8 EVALUATION CRITERIA

Qualifications of Design Team (including sub-consultants) (30%)

• Qualifications of the design team members.

• Demonstrated experience and reputation of project manager in the management of similar type projects.

• Knowledge of current design criteria (including FHWA Policies, AASHTO

Guidelines and GDOT Design Policies).

Past experience of the Design Team (30%)

• Demonstrated experience with similar type of projects

• Demonstrated ability to complete multiple projects for municipal clients in a timely manner

• References

Understanding/Willingness to meet expectation (20%)

• Demonstrated perceived ability to provide the services described

• Ability to provide requested services in a timely manner

QC/QA Procedures (10%)

• Demonstrated proposed QC/QA procedures

Pricing (10%)

• See Appendix C

References may be contacted to confirm the consultant's history of project performance. The final selection of consultants to support the City of Norcross for Professional Services will be made based on qualifications and perceived ability to provide services.

Evaluation Criteria Max Score Qualifica�ons 30 Experience 30 Understanding & Willingness to Meet Expecta�ons 20 QC/QA Procedures 10 Pricing 10 Total 100

1.8.1 Evaluation Process

All responsive Statement of Qualifications will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFQ responses in terms of differing price, quality, and contractual factors. These scores will be used to determine the most advantageous offering to the City. Only those that meet the evaluation criteria will be considered as pre-qualified.

1.8.2 Administrative Review

The Statement of Qualifications will be reviewed by the Capital Projects Manager for the following administrative requirements:

1. All required information and documentation submitted by deadline

2. Technical Submission of Statement of Qualifications

3. All documents requiring an original signature have been signed (scanned original or digitally signed)

1.8.3 Evaluation Committee Review

In this phase, the Evaluation Committee will evaluate the quality and completeness of each technical submittal as it addresses each requirement of the RFQ. The RFQ carries a total weight of 100 points. Technical submittals will be evaluated and scored in categories. Each category is assigned a maximum point value. Technical submittals must receive at least 75 points (75%) to be further evaluated.

1.8.4 Site Visits and Oral Presentations

The City reserves the right to conduct site visits or to invite a Company to present their technical solution to the Technical Evaluation Team.

1.8.5 Submittal Requirements

Failure to meet these requirements will result in the Statement of Qualifications being determined “non-responsive” and the entire submittal will be rejected.

1. Submittals of firm information and qualifications should be double-sided, 8½” x 11” 1 0 pages, exclusive of resumes and required forms.

2. Provide firm name, address, telephone number, e-mail address for the primary contact person, former firm names, official Georgia address (if applicable), joint venture partner information (if applicable), and sub-consultants to be used by the firm. If the firm has branch offices, state which office will be performing the majority of the work.

3. Provide the following information for prime and sub-consultant(s) for the last three

(3) years: average number of permanent employees. Firms having offices other than the local office, this information should be listed for both the local office and the firm as a whole.

4. In table format and labeled TABLE 1, also for the last three (3) years, provide a brief description of 5-10 related projects completed (including construction costs). Include the name of the project owner, a contact name and telephone number, and where the work was performed.

5. One page of the SOQ shall be devoted to an Organizational Chart. This page shall be single-sided and shall not exceed 11” x 17” in size. Additional information should not be added on this page.

6. Provide the names of key personnel (Principal, Project Manager, Lead

Engineer, Hydraulic Engineer (list experience with drainage software), Surveyor, Structural Engineer, QC/QA Engineer, etc.) who will perform the work. Personnel information should include professional registrations [type, number, and state(s) where registered], years of experience, years with firm, actual work performed by the individual and experience with drafting and design software to be used (name and version).

7. The consultant's proposed project manager shall be identified and must be a professional licensed in the State of Georgia.

8. Consultants shall clearly indicate in the submittal package the designated staff person that will act as the primary point of contact with the City.

9. The consultants should provide the name of their insurance carrier and the current insurance limits.

10. The consultant should provide a minimum of three (3) references, including name, position, phone number and email address.

1.9 REJECTION OF STATEMENT OF QUALIFICATIONS/CANCELLATION OF RFQ

The City reserves the right to reject any or all Statement of Qualifications, to waive any irregularity or informality in a Statement of Qualifications, and to accept or reject any item or combination of items, when to do so would be to the advantage of the City. It is also within the right of the City to reject Statement of Qualifications that do not contain all elements and information requested in this document. The City reserves the right to cancel this RFQ at any time. The City will not be liable for any cost/losses incurred by the Company throughout this process.

1.10 CITY’S RIGHT TO INVESTIGATE AND REJECT

The City may make such investigations as deemed necessary to determine the ability of the Company to provide the supplies and/or perform the services specified.

1.10.1 Company Informational Requirements

In determining the capabilities of a Company to perform the services specified herein, the following informational requirements must be met by the Company. (Note: Each item must be thoroughly addressed. Company taking exception to any requirements listed in this section may be found non-responsive or be subject to point deductions.)

1.10.2 Resumes/Company Profile and Experience

Company shall specify how long the individual/company submitting the Statement of

Qualifications has been in the business of providing services similar to those requested in this RFQ and under what company name. A resume or summary of Statement of Qualifications, work experience, education, skills, etc., which emphasizes previous experience in this area should be provided for all key personnel who will be involved with any aspects of the contract.

1.10.3 Company Financial Stability

Company shall demonstrate their financial stability to supply, install and support the services specified by: (1) providing financial statements, preferably audited, for the 2 (two) consecutive years immediately preceding the issuance of this RFQ, and (2) providing copies of any quarterly financial statements that have been prepared since the end of the period reported by your most recent annual report.

2.0 TERMS AND CONDITIONS

FIRMS ARE ADVISED TO THOROUGHLY UNDERSTAND THE TERMS AND CONDITIONS, PRIOR

TO SUBMISSIONS.

2.1 RFQ AMENDMENTS

The City reserves the right to amend this RFQ prior to the Statement of Qualifications due date. All amendments and additional information will be posted to the City’s website at:

https://www.norcrossga.net/bids.aspx. Companies are encouraged to check this website frequently.

2.2 STATEMENT OF QUALIFICATIONS WITHDRAWAL

A submitted Statement of Qualifications may be withdrawn prior to the due date by a written request to the Capital Projects Manager. A request to withdraw a Statement of Qualifications must be signed by an authorized individual.

2.3 COST FOR PREPARING STATEMENT OF QUALIFICATIONS

The cost for developing the Statement of Qualifications is the sole responsibility of the Company. The City will not provide reimbursement for such costs.

2.4 TERM

The term of this contract shall be for one (1) year from the beginning date, or such shorter time as may be indicated on the bid document and all orders issued and postmarked by the Department during said term shall be filled at the contract price.

2.5 RENEWAL

The City shall have the option, in its sole discretion, to renew the Contract for three (3) additional renewals as defined in the Standard Contract Form on a year-to-year basis by giving the Contractor written notice of the renewal decision at least sixty (60) days prior to the expiration of the initial term or renewal term and requesting Contractor’s written consent for renewal of the Contract. Renewal will depend upon the best interests of the City, funding, and Contractor's performance. Renewal will be accomplished through the issuance of a Notice of Award Amendment. Upon the City's election, in its sole discretion, to renew any part of this Contract, Contractor shall remain obligated to perform in strict accordance with this Contract unless otherwise agreed by the City and the Contractor.

2.6 CONFLICT OF INTEREST

If a Company has any existing client relationship that involves the City of Norcross, the Company must disclose each relationship.

2.7 ADA GUIDELINES

The City of Norcross adheres to the guidelines set forth in the Americans with Disabilities Act.

Firms should contact the Capital Projects Manager at least one week in advance if they require special arrangements. The Georgia Relay Center at 1-800-255-0056 (TDD Only) or 1- 800-255-0135 (Voice) will relay messages, in strict confidence, for the speech and hearing impaired.

2.8 COMPLIANCE WITH LAWS

The Contractor will comply with all City, State of Georgia and Federal laws, rules, and regulations.

2.9 GOVERNING TERMS

This RFQ expressly limits acceptance to the terms stated below. Any additional or different terms proposed by Contractor and expressed in any form (acknowledgements, confirmations, invoices, catalogs, brochures, technical data sheets, etc.), whether before or after Contractor’s receipt of this contract, shall not be binding upon City. City’s silence or acceptance of the Materials shall not constitute consent to such additional or different terms.

2.10 INDEMNIFICATION

Contractor shall be responsible for and shall indemnify and hold City harmless from any and all claims, demands, costs, damages and expenses of whatever nature (including, without limitation, attorney’s fees) relating to or arising from (a) Contractor’s breach of any of the representations and warranties contained herein; (b) Contractor’s failure to follow City’s specifications; (c) Contractor’s other breach of the terms hereof; or (d) any other act(s) or omissions(s) of Contractor, its employees, independent contractors,, agents, and suppliers.

2.11 CORRECTIONS/CREDITS

At City’s option, Contractor shall either issue an appropriate credit or undertake, at Contractor’s sole cost, corrections to materials made necessary by reason of Contractor’s failure to follow City’s specifications or Contractor’s other breach of the terms hereof. The remedies afforded City in this paragraph is in addition to, not in lieu of, any other remedy herein or provided by law or equity.

2.12 INSURANCE

Contractor shall maintain the following insurance (a) comprehensive general liability, including blanket contractual, covering bodily injuries with limits of no less than $1,000,000.00 per person and $1,000,000.00 per occurrence, and property damage with limits of no less than $1,000,000.00 per occurrence;

and (b) statutory worker’s compensation insurance, including employer’s liability insurance.

In addition to above general coverages, Contractor shall maintain Professional Liability Insurance with limits of $2,000,000 per occurrence and in aggregate. All insurance shall be provided by an insurer(s) acceptable to City and shall be provided for thirty (30) days prior notice of cancellation to City. Upon request, Contractor shall deliver to City a certificate or policy of insurance evidencing Contractor’s compliance with this paragraph. Contractor shall abide by all terms and conditions of the insurance and shall do nothing to impair or invalidate the coverage.

2.13 CANCELLATION

City may cancel this agreement at any time prior to City’s acceptance of the Materials, upon giving written notice of cancellation to Contractor. In such event, in lieu of the price(s) specified on the reverse hereof, Contractor shall be entitled only to payment of the direct non-cancelable costs theretofore incurred by Contractor and any direct non-cancelable committed costs theretofore committed by Contractor, as directly relating to the performance of Contractor’s obligations hereunder prior to such cancellation; provided, however, the total amount of such costs shall not exceed the price(s) specified on the reverse side. City shall not be responsible for any other amounts whatsoever including, without limitation, penalties.

2.14 INDEPENDENT CONTRACTOR

Contractor shall at all times be acting as an independent contractor and not be considered or deemed to be an agent, employee, joint venture, or partner of City. Contractor shall have no authority to contract for or bind City in any manner.

2.15 NO ASSIGNMENT

Contractor may not assign this agreement or any of its rights or responsibilities hereunder, without City’s prior written consent.

2.16 AUDIT

Upon not less than two (2) days prior notice, City shall have the right to inspect and audit all records (including, without limitation, financial records) of Contractor which pertain to Contractor’s fulfillment of this agreement and charge, therefore.

2.17 ATTORNEY’S FEES

In the event of Contractor’s breach hereunder, City, in addition to the recovery of all monies and damages owed to City, shall be entitled to recover from Contractor the reasonable attorney’s fees and court costs incurred by City because of such breach.

2.18 MISCELLANEOUS

a) No remedy of City shall be exclusive of any other remedy herein or provided by law as equity, but each shall be cumulative.

b) City’s failure or forbearance to enforce any term hereof shall not be deemed to be a waiver of such right or claim, or any right of claim hereunder. Moreover, City’s waiver of any term hereof shall not operate or be construed as a waiver of any subsequent breaches of the same or any other term.

c) If any of the terms hereof shall be determined to be invalid or unenforceable, the remaining terms shall remain in full force and effect.

d) The terms contained in this contract constitute the entire agreement between City and Contractor and supersedes all other oral or written Statement of Qualifications, purchase orders, invoices, agreements and communications between City and Contractor relating to the subject matter hereof.

e) No term of this agreement may be modified or waived except by an instrument in writing signed by an authorized representative of the party against which enforcement of such modification or waiver is sought.

f) This agreement and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Georgia.

2.19 SPECIAL STIPULATIONS

To the extent City attaches to this agreement any special terms, which conflict with or are inconsistent with any of the foregoing terms, the attached special terms shall control.

3.0 DEFINITION OF TERMS

OCGA - Official Code of Georgia Annotated (State Statute)

Company – Respondent to this Request for Statement of Qualifications

RFQ - Request for Statement of Qualifications

3.1 DESCRIPTION OF REQUIREMENTS

The City of Norcross has established certain requirements with respect to Statement of Qualifications/ to be submitted by Company.

Whenever the terms "shall", "must", "will", or "is required" are used in the RFQ, the specification being referred to be a mandatory requirement of this RFQ. Failure to meet any mandatory requirement will cause rejection of the Company’s Statement of Qualifications.

Whenever the terms "can", "may", or "should" are used in the RFQ, the specification being referred to be a desirable and failure to provide any items so termed may not be cause for rejection, however, will probably cause a reduction in score awarded.

3.1.1 Resulting Contract

This RFQ and any addenda, the Company’s RFQ response, including any amendments, a best and final offer, and any clarification question responses shall be included in any resulting contract. A draft contract, attached as Appendix D, contains the contract terms and conditions which may form the basis of any contract between the City and the highest scoring Company. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract.

3.1.2 Mandatory Requirements

To be eligible for consideration, a Company must meet the intent of all mandatory requirements. The City will determine whether a Company’s RFQ response complies with the intent of the requirements. RFQ responses that do not meet the full intent of all requirements listed in this RFQ may be subject to point reductions during the evaluation process or may be deemed non-responsive.

3.1.3 Understanding of Specifications and Requirements

By submitting a response to this RFQ, Company agrees to an understanding of and compliance with the specifications and requirements described in this RFQ.

3.1.4 Company’s Signature

The Statement of Qualifications must be signed by an individual authorized to legally bind the Company submitting the Statement of Qualifications. The Company’s signature on the Statement of Qualifications in response to this RFQ guarantees that the offer has been established without collusion and without effort to preclude the City of Norcross from obtaining the best possible supply or service. Proof of authority of the person signing the RFQ response must be furnished upon request.

3.2 SUBMITTING A STATEMENT OF QUALIFICATIONS

3.2.1 Organization of Statement of Qualifications

Company must organize their Statement of Qualifications into sections that follow the format of this RFQ. A point-by-point response to all numbered sections, subsections, and appendices is required. If no explanation or clarification is required in the Company’s response to a specific subsection, the Company shall indicate so in the point-by-point response or utilize a blanket response for the entire section with the following Statement:

“(Company’s Name)” understands and will comply.

3.2.2 Failure to Comply with Instruction

Company failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any Statement of Qualifications that do not follow this RFQ format, are difficult to understand, are difficult to read, or are missing any requested information.

3.2.3 Copies Required and Deadline for Receipt of Statement of Qualifications

Submit 2 physical copies and 1 electronic copy (USB Drive) of Statement of Qualifications by 11:00 a.m. local time on March 1, 2024.

3.2.4 Late Statement of Qualifications

Regardless of cause, late submissions will not be accepted and will automatically be disqualified from further consideration. It shall be the Company’s sole risk to ensure delivery at the receptionist’s desk at the designated office by the designated time. A late Statement of Qualifications will not be opened and may be returned to the Company at the expense of the Company or destroyed if requested.

3.3 REQUIRED REVIEW

3.3.1 Review RFQ

Company 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.

3.3.2 Form of Questions

Company with questions or requiring clarification or interpretation of any section within this RFQ must address these questions via e-mail before February 16th, 2024, at 5:00 p.m.. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered.

Contact person for questions is Christabel Ghansah, Capital Projects Manager procurement@norcrossga.net

3.3.3 City’s Responses

The City will provide official written responses to all questions received in the form of a 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: https://www.norcrossga.net/bids.aspx.

3.3.4 Standard Terms and Conditions/Standard Contract.

By submitting a response to this RFQ, Company agrees to acceptance of the standard terms and conditions and standard contract as set out in Appendix D of this RFQ. Much of the language included in the standard terms and conditions and standard contract reflects requirements of state law. Requests for exceptions to the standard terms and conditions, standard contract terms, or any added provisions must be submitted to the procurement officer referenced above by the date for receipt of written/e-mailed questions or with the Company’s RFQ response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Company’s ability to respond to the RFQ or perform the contract. The City reserves the right to address non-material, minor, insubstantial requests for exceptions with the highest scoring Company during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFQ and will apply to all Company submitting a response to this RFQ.

https://norcrossga-my.sharepoint.com/personal/christabel_ghansah_norcrossga_net/Documents/RFQ%20PWUP%2024-02%20-%20OnDemand%20Services/procurement@norcrossga.net https://www.norcrossga.net/bids.aspx

3.3.5 Project Oversight and Staffing

The successful company will report to either the Public Works Department or Community Development. Staff contacts and oversight will be determined at the Project Kickoff Meeting.

Project status is mandatory, during the work via in-process reviews (IPRs), reports and/or other interactions as proposed or specified.

4.0 RFQ STANDARD INFORMATION

4.1 AUTHORITY

This RFQ is issued under the authority of the City of Norcross. The RFQ process is a procurement option allowing the award to be based on stated evaluation criteria. The RFQ states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFQ, will be used.

4.2 COMPANY COMPETITION

The City encourages free and open competition among Companies. Whenever possible, the City will design specifications, Statement of Qualifications, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies.

4.3 RECEIPT OF STATEMENT OF QUALIFICATIONS AND PUBLIC INSPECTION

4.3.1 Public Information

All information received in response to this RFQ, including copyrighted material, is deemed public information and will be made available for public viewing and copying the day after the Mayor and Council select a list of Qualified Consultants and the Statement of Qualifications has passed with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated and documented; (2) matters involving individual safety as determined by the City of Norcross (3) any company financial information requested by the City of Norcross to determine Contractor responsibility, unless prior written consent has been given by the Company; and

(4) other constitutional protections.

4.3.2 Procurement Officer Review of Statement of Qualifications.

Upon opening the Statement of Qualifications received in response to this RFQ, the staff member in charge of the solicitation will review the Statement of Qualifications and separate out any information that meets the referenced exceptions in Section 2.4.1 above, providing the following conditions have been met:

• Confidential information is clearly marked and separated from the rest of the Statement of Qualifications.

• The Statement of Qualifications does not contain confidential material in the cost or price section.

• An affidavit from a Company’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each Statement of Qualifications containing trade secrets.

Information separated out under this process will be available for review only by the staff member, the evaluation committee members, and limited other designees.

Company must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party.

4.4 CLASSIFICATION AND EVALUATION OF STATEMENT OF QUALIFICATIONS

4.4.1 Initial Classification of Statement of Qualifications as Responsive or Non- responsive

All Statement of Qualifications will initially be classified as either “responsive” or “non-responsive”. Statement of Qualifications may be found non-responsive any time during the evaluation process or contract negotiation if any of the required information is not provided;

the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFQ; or the Statement of Qualifications is not within the plans and specifications described and required in the RFQ. If a Statement of Qualifications is found to be non-responsive, it will not be considered further.

4.4.2 Determination of Responsibility

The procurement officer will determine whether a Company has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and throughout contract negotiations, if information surfaces that would result in a determination of non-responsibility. If a Company is found to be non-responsible, the determination must be in writing, made a part of the procurement file and mailed to the affected Company.

4.4.3 Evaluation of Statement of Qualifications

All responsive Statement of Qualifications will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFQ responses in terms of differing price, quality, and contractual factors. These scores will be used to determine the most advantageous offering to the City. Only those that meet the evaluation criteria will be considered as pre-qualified

4.4.4 Completeness of Statement of Qualifications

Selection and award will be based on the Company’s Statement of Qualifications and other items outlined in this RFQ. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested.

Information or materials presented by Company outside the formal response or subsequent discussion/negotiation or “best and final offer,” if requested, will not be considered, will have no bearing on any award, and may result in the Company being disqualified from further consideration.

4.5 CITY’S RIGHTS RESERVED

Issuance of the RFQ in no way constitutes a commitment by the City of Norcross to award and execute a contract. Upon 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 Qualifications 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 Qualifications;

• 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.

4.6 MANDATORY REQUIREMENTS

This section identifies all mandatory requirements, which must be present in the Statement of Qualifications before further consideration will be given. Company must prepare and submit a response, which references the page(s) of the Technical Response where satisfaction of the Mandatory Requirements is substantiated.

APPENDIX A

SCHEDULE OF EVENTS

Event: Date:

Release of RFQ January 31, 2024, at 11:00 a.m.

Deadline for Written Questions February 16, 2024, at 5:00 p.m.

Submissions Due March 1, 2024, at 11:00 a.m.

Proposal Evaluation On/About March 2024

Contract Award (On/about) One/About May 2024

APPENDIX B

REFERENCES

Please complete attached reference form and provide accurate information for each reference. Please inform your references that the City of Norcross will follow up to perform reference checks. It will affect your scores if we are not able to contact your references, or they do not respond in time.

The City of Norcross will not serve as a reference, in the event that your Company worked with the City of Norcross previously.

Alternatively, Proposers are welcome to provide three (3) reference letters where they provided the same or similar services. Reference letters must be on official letterhead and signed by the point of contact of the agency where the service was performed.

References for _____________________________________________________________

Please provide a list of contact numbers, addresses and a contact person from three (3) jobs completed (or in progress) having a similar specification and scope of work.

City of Norcross requests a minimum of three (3) references where work of a similar size and scope has been completed.

1. Company Name: _______________________________________________________

Description of Project: __________________________________________________

Completion Date: ______________________________________________________

Contact Person: ________________________________________________________

Telephone: ____________________________ Fax: ___________________________

Email address: ________________________________________________________

2. Company Name: _______________________________________________________

Description of Project: __________________________________________________

Completion Date: ______________________________________________________

Contact Person: ________________________________________________________

Telephone: ____________________________ Fax: ___________________________

Email address: ________________________________________________________

3. Company Name: _______________________________________________________

Description of Project: __________________________________________________

Completion Date: ______________________________________________________

Contact Person: ________________________________________________________

Telephone: ____________________________ Fax: ___________________________

Email address: ________________________________________________________

APPENDIX C

RFQ PWUP 24‐02

COST PROPOSAL

PRIME CONSULTANT AND ANY SUB‐

CONSULTANTS HOURLY RATES

PRINCIPAL‐IN‐CHARGE

PROJECT MANAGER

SENIOR ENGINEER

ENGINEER

PROJECT ADMINISTRATOR

TECHNICIAN

2‐PERSON SURVEY CREW

SURVEY MANAGER

CONSTRUCTION INSPECTOR

CONSTRUCTION PROJECT MANAGER

CONSTRUCTION ASSISTANT

FIELD TECHNICIAN

LAB TESTING (PER TEST)

OTHER (SPECIFY)

Where there is a reference in the RFQ to deliverables, submission requirements or other response and contract performance discussions, said discussion might not be all inclusive of all requirements in the RFQ. It is incumbent upon the Contractor to read this entire RFQ carefully and respond to, and price, all requirements and ensure “Total Contract Value for ALL Requirements” above includes all requirements.

APPENDIX D

DRAFT CONTRACT

DRAFT CONTRACTUAL AGREEMENT

This Agreement made and entered into this day of _, in the year 2015; by and between The City of Norcross, Georgia, having its principle place of business at 65 Lawrenceville St. Norcross, Georgia and (“Contractor”) having its principle place of business at .

WHEREAS, the City of Norcross has caused Request for Qualifications Number (RFQ 24-02) to are issued soliciting proposals from qualified contractors to furnish all items, labor services, materials and appurtenances called for by them in accordance with this proposal. Selected (“Contractor”) is required to provide the services as called for in the scope of services; and

WHEREAS, the Contractor submitted a response to the RFQ 24-02; and

WHEREAS, the Contractor’s submittal was deemed by the City of Norcross to be the proposal determined to be most advantageous to the City; and

NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows:

1.0 Scope of Work

The Contractor agrees to provide all Services and comply with all requirements specified in the RFQ, a copy of which is…