RFQ Q50674 Laredo Solar Monitoring Services.pdf

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY

REQUEST FOR QUOTATIONS

TO ALL PROSPECTIVE QUOTERS:

RFQ No. Q50674 Advertising Date: February 18, 2025 RFQ Title: Laredo Solar Monitoring Services Email Quotation Responses to: Howard Jackson, hejackson@itsmarta.com

RFQ Deadline: March 5, 2025, at 2:00p.m. (local time)

The Metropolitan Atlanta Rapid Transit Authority (“MARTA” or the “Authority”) is soliciting quotes from firms to provide solar monitoring services though a detailed assessment of the existing monitoring equipment, replacing outdated components, and reactivating the 5-year monitoring subscription for MARTA’s Office of Sustainability pursuant to the terms and conditions contained in Part 4 (“Contract”) of the RFQ. All Quotations must be received by MARTA no later than the RFQ deadline set forth above. Quotes received after the RFQ deadline will not be considered/reviewed and will be rejected.

Any questions regarding this procurement must be submitted in writing to MARTA’s contact person, Howard Jackson, Contract Specialist via electronic mail a hejackson@itsmarta.com, on or before 2:00 p.m.

EST on February 20, 2025 . Questions submitted after the designated period will not be considered by MARTA. Responses to inquiries will be posted to MARTA’s website at www.itsmarta.com. All Quoters (and any representative thereof) are strictly prohibited from contacting any MARTA employees (or third-party representatives or consultants of MARTA) on any matter having to do with this procurement. No quotation of $200,000 or more will be considered.

Each quote submitted to MARTA will become the property of MARTA, without compensation to Quoter, for MARTA’s use, in MARTA’s sole discretion. Conditions placed upon a quote or exceptions to the terms of this RFQ (or the Contract) may result in MARTA deeming the quotation non-responsible.

If MARTA awards a Contract pursuant to this procurement, MARTA will prepare and forward to the successful Quoter a Contract substantially in the form included in this solicitation document.

Peris Cannon Manager of Contracts

Docusign Envelope ID: 575C73D0-F21A-416E-A4D4-E1CBFA2DD0AF file:///C:/Users/hejackson/Documents/hejackson@itsmarta.com file:///C:/Users/hejackson/Documents/hejackson@itsmarta.com http://www.itsmarta.com/

REQUEST FOR QUOTATIONS

RFQ Q50674: LAREDO SOLAR MONITORING SERVICES

PART 1: INFORMATION AND INSTRUCTIONS TO QUOTERS

1. Minimum Qualifications

2. No Offer by MARTA; Firm Offer by Quoter

3. Quote Evaluation, Award and Multiple Awards; Trade Names and Alternatives

4. Cancellation of RFQ; Waiver of Technicalities

5. Term

6. Georgia Open Records Act

7. Representation

8. Protests

PART 2: SUBMITTAL FORMS

1. Checklist

2. Illegal Immigration Reform and Enforcement Act Affidavit (Form 1)

a. Contract Affidavit (Form 1a)

b. Subcontractor Affidavit (Form 1b)

c. Sub-Subcontractor Affidavit (Form 1c)

3. Acknowledgement of Addenda (Form 2)

4. Quotation Form (Form 3)

5. No Conflict of Interest (Form 4)

6. List of Proposed Subcontractors (Form 5)

7. Qualifications and Business References (Form 6)

8. Appendix A: Office of Diversity and Inclusion Requirements

PART 3: GENERAL TERMS AND CONDITIONS

1. Purchase Order General Terms and Conditions

2. Exhibit A: Scope of Services

3. Exhibit B: Payment Terms

4. Exhibit C: Additional Insurance Requirements

5. Exhibit D: No Conflict of Interest

6. Appendix A: Office of Diversity and Inclusion Requirements

PART 1: INFORMATION AND INSTRUCTIONS TO QUOTERS

REQUEST FOR QUOTATIONS NUMBER Q50674

LAREDO SOLAR MONITORING SERVICES

Quotations shall be prepared, submitted, and considered in accordance with the following instructions, as the same may be modified from time to time in writing by MARTA, in this Request for Quotations Number Q50674 (“RFQ”):

1. MINIMUM QUALIFICATIONS.

(a) To participate in this procurement, Quoter must satisfy the qualifications required by this RFQ. Where the Quoter is a partnership, joint venture arrangement, limited liability company, limited liability partnership or other multiple entity organization, the entity that holds a majority ownership interest in the Quoter (i.e., over 50% ownership) must meet the minimum requirements set forth in this RFQ. Additionally, prior to execution of the Contract, the successful Quoter will be required to demonstrate that it is duly authorized to conduct business in the State of Georgia. Quoter (or an entity comprising Quoter) must not submit more than one quote under the same or different names or as part of multiple organizations.

Any Quoter or entity comprising Quoter that submits more than one quote in response to this solicitation shall be deemed non-responsive. NOTE: This restriction set forth in this paragraph is not applicable to subcontractors. By submitting a quote in response to this RFQ, the Quoter represents and warrants to MARTA that Quoter has or will acquire all the licenses, certifications, permits, bonding capacity and insurance to perform the work set forth in the Contract. By submitting a quote concerning this procurement, Quoter acknowledges that it is familiar with all laws applicable to this procurement, including, but not limited to, all MARTA’s policies and procedures (as the same may change from time to time), all of which are incorporated into this RFQ by this reference.

(b) The Quoter must demonstrate competence and experience in the areas of expertise outlined in the Contract. In particular, qualified companies should provide the information listed below:

1. n/a

2. NO OFFER BY MARTA; FIRM OFFER BY QUOTER. This procurement does not constitute an offer by MARTA to enter into an agreement and cannot be accepted by any Quoter to form an agreement. This procurement is only an invitation for offers from interested Quoters and no offer shall bind MARTA. However, Quoter’s offer is a firm offer to MARTA for a period of 120 calendar days from the quote deadline date and may not be withdrawn during such 120-day time period.

3. QUOTE EVALUATION, AWARD AND MULTIPLE AWARDS; TRADE NAMES AND

ALTERNATIVES.

(i) MARTA shall determine which Quoters are responsive and responsible.

Each responsive and responsible Quote received by MARTA constitutes an offer to perform the Contract upon the terms and conditions contained in the Contract for the prices contained on the Quote Form, which may be accepted by MARTA giving the successful Quoter notice of award during the period set forth herein.

(ii) Before any award is made, MARTA will evaluate the Quote Form and all the information supplied by Quoter in response to this RFQ. To be considered for award, a Quoter must be technically and financially qualified to perform the Contract as determined by MARTA and meet all conditions in the Contract. MARTA reserves the right to accept a Quote other than the lowest, if it determines that MARTA’s interests will be best served by doing so, or to reject all Quotes or parts of Quotes received.

(iii) Multiple Award. The Authority reserves in its sole discretion, the option to award to multiple Quoters. The award(s) will be based on the quotes(s) in their entirety or by components.

(iv) Equipment, supplies, goods, or materials may be described or specified, either in the Scope of Work or on the Quote Form, by trade names or the name of manufacturers and their catalogue information, or may be similarly listed as being known to be acceptable to MARTA. Quoter shall state in its Quote the trade name, the manufacturer and the model number or other catalogue information, or other description of the equipment, supplies, goods, or materials that it will, subject to MARTA’s approval - MARTA shall be the sole judge of the acceptability of proposed alternatives. Quoter may designate an alternative that is at least equal in quality and has the characteristics required for the purpose intended. The Quoter shall be required to show that any such alternative is in fact equal with respect to quality, reliability, suitability, safety, and ease of use, and shall provide MARTA with all information reasonably needed to do so. If a classification, rating, or other certification by an independent testing laboratory is a part of the specifications, the Quoter shall provide reports or certifications by such agency, or by an equivalent independent testing laboratory, showing that any proposed alternative complies. The Quoter, if awarded the Contract, will be required to supply or to use the equipment, supplies, goods, or materials named in its Quote.

4. CANCELLATION OF RFQ; WAIVER OF TECHNICALITIES. MARTA reserves the right to waive any technical defect in a quotation before or after quotation submission. MARTA also reserves the right to cancel this RFQ at any time for any reason or no reason. Additionally, MARTA may in accordance with applicable law, by addendum, modify any provision or part of this RFQ at any time prior to the quotation due date and time. The Quoter shall not rely on oral clarifications to the RFQ unless they are confirmed, in writing, by MARTA in an issued addendum. MARTA also reserves the right to award based upon a Quoter’s original submission without discussion.

5. TERM. The term of this Contract shall commence on the Effective Date and expire five

(5) years thereafter.

6. GEORGIA OPEN RECORDS ACT. Information provided to MARTA is subject to disclosure under the Georgia Open Records Act (“GORA”). Pursuant to O.C.G.A. § 50-18-72(a)(34), “[a]n entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 [O.C.G.A. § 10-1-760 et seq.].”

7. REPRESENTATION. By submitting a quote in response to this RFQ, Quoter acknowledges and represents that: (a) the accompanying quote is made by a person or business entity that is neither a high cost lender nor a predatory lender, nor is the Quoter an affiliate of a high cost lender or a predatory lender, as described in Chapter 6A of Title 7 of the Official Code of Georgia Annotated (“Code”); (b) it has read all of the RFQ documents (including, without limitation, the Contract), including all addenda issued and acknowledges that, if successful, Quoter shall be bound by the requirements stated therein; (c) the signatory to the Quote is the Quoter (or Quoter’s duly authorized agent or employee of the Quoter with the authority to bind Quoter hereto); (d) any information or disclosure provided in response to this RFQ are fully restated herein and remain truthful and accurate representations up to and including the date Quoter submits its Quote to MARTA; (e) MARTA will not agree to make any substantive revisions to the Contract; (f) it will be bound by MARTA’s Code of Ethics available at https://www.itsmarta.com/uploadedFiles/More/About_MARTA/Code%20of%20Ethics% 2010-10-24.pdf as the same may be amended from time to time in MARTA’s sole discretion; and (g) it agrees that it will voluntarily notify MARTA immediately if any information or disclosure provided to MARTA during any part of this procurement process changes, is no longer accurate or would be misleading in any way.

Docusign Envelope ID: 575C73D0-F21A-416E-A4D4-E1CBFA2DD0AF https://www.itsmarta.com/uploadedFiles/More/About_MARTA/Code%20of%20Ethics%2010-10-24.pdf https://www.itsmarta.com/uploadedFiles/More/About_MARTA/Code%20of%20Ethics%2010-10-24.pdf

Quoter acknowledges and agrees that in the event of a conflict between the RFQ in the Quoter’s possession and the version maintained by MARTA, the version maintained by MARTA shall govern.

8. PROTESTS. Any protest or objection to this RFQ or the solicitation process must be submitted, in a timely manner, in accordance with the Protest Procedures set forth on MARTA’s website at https://itsmarta.com/uploadedfiles/Bid%20Protest%20Procedure.pdf https://itsmarta.com/uploadedfiles/Bid%20Protest%20Procedure.pdf

PART 2: REQUIRED SUBMITTAL FORMS

(Check List)

This Checklist is being provided for information purposes only. Quoters are responsible for reviewing the entire solicitation document and remitting all required and/or requested information and submittals. Please include the checklist with your Quote, however, failure to remit the Checklist will not result in the Quoter being deemed non-responsive.

Complete, sign, notarize (if applicable) and submit all forms listed below:

Illegal Immigration Reform and Enforcement Act Affidavit (Form 1) Contract Affidavit (Form 1a) Subcontractor Affidavit (Form 1b) Sub-Subcontractor Affidavit (Form 1c)

Acknowledgement of Addenda (Form 2) Quotation Form (Form 3) No Conflict of Interest (Form 4) List of Proposed Subcontractors (Form 5) Qualifications and Business References (Form 6) Appendix A: Office of Diversity and Inclusion Requirements

FORM 1

ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT ACT FORMS

All Quoters must comply with the Illegal Immigration Reform and Enforcement Act of 2011, O.G.G.A § 13-10-90, et seq. (“IIREA”). Pursuant to the Act, the Quoter must provide with its quote proof of its registration which must contain User ID Number and Date of Registration and continuing and future participation in the E-Verify program established by the United States Department of Homeland Security. For additional information on the E-Verify program or to enroll in the program, go to https://e-verify.uscis.gov/enroll. Under state law, MARTA cannot consider any quote which does not include a completed Contractor’s Affidavit. It is not the intent of this notice to provide detailed information or legal advice concerning the Act. Quoters must familiarize themselves with IIREA and are solely responsible for ensuring their compliance therewith. Quoters may not rely on these instructions for that purpose. These instructions are offered only as a convenience to assist Quoters in complying with the requirements of MARTA’s procurement process and the terms of this RFQ.

1. Where the business structure of a Quoter is such that Quoter is required to obtain an

Employer Identification Number (EIN) from the Internal Revenue Service, Quoter must complete the Contractor Affidavit on behalf of, and provide a Federal Work Authorization User ID Number issued to, the Quoter itself (see Example 1 below). Where the business structure of a Quoter does not require it to obtain an EIN, each entity comprising Quoter must submit a separate Contractor Affidavit (see Example 2 below).

Example 1: ABC, Inc. and XYZ, Inc. form and submit a quote/quote/proposal as

TransitService, LLC. TransitService, LLC must enroll in the E-verify program and submit a single Contractor Affidavit in the name of TransitService, LLC which includes the Federal Work Authorization User ID Number issued to TransitService, LLC.

Example 2: ABC, Inc. and XYZ, Inc. execute a joint venture agreement and submit a quote/quote/proposal under the name TransitService, JV. If, based on the nature of the JV agreement, TransitService, JV is not required to obtain an Employer Identification Number from the IRS. The quote/quote/proposal submitted by TransitService, JV must include both a Contractor Affidavit for ABC, Inc. and a Contractor Affidavit for XYZ, Inc.

2. All Contractor Affidavits must be executed by an authorized representative of the entity named in the Affidavit. Contractors utilizing any subcontractors are required to have each subcontractor and sub-subcontractor complete Forms 1b and 1c prior to the award of the contract.

https://e-verify.uscis.gov/enroll

FORM 1a Contractor Affidavit

O.C.G.A. § 13-10-91(b)(1)

By executing this Contractor Affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of MARTA has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for physical 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(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number Date of Authorization

Name of Contractor: ________________________________________________

Name of Project: ________________________________________________

Name of Public Employer: Metropolitan Atlanta Rapid Transit Authority

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:

FORM 1b Subcontractor Affidavit

O.C.G.A. § 13-10-91(b)(3)

By executing this Subcontractor Affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with ___________________________________ (name of contractor) on behalf of MARTA has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice of receipt of an affidavit from any sub-subcontractor that has contracted with a sub-subcontractor, subcontractor shall forward, within five business days of receipt, a copy of such notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number Date of Authorization

Name of Subcontractor: ____________________________________________________

Name of Project: ____________________________________________________

Name of Public Employer: Metropolitan Atlanta Rapid Transit Authority

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 _________, 202____

NOTARY PUBLIC

FORM 1c Sub-subcontractor Affidavit

O.C.G.A. § 13-10-91(b)(4)

By executing this affidavit, the undersigned sub-subcontractor verifies its compliance with O.C.G.A. §13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract for _______________________________________ (name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract) and _______________________________________ (name of contractor) on behalf of MARTA has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A.§13-10-91. Furthermore, the undersigned sub-subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned sub-subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the sub-subcontractor with the information required by O.C.G.A. §13-10- 91(b). The undersigned sub-subcontractor shall submit, at the time of such contract, this affidavit to __________________________________________ (name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract). Additionally, the undersigned sub-subcontractor will forward notice of the receipt of any affidavit from a sub-subcontractor to ____________________________________________ (name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract). Sub-subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number Date of Authorization

Name of Sub-Subcontractor: ___________________________________________

Name of Project: ___________________________________________

Name of Public Employer: Metropolitan Atlanta Rapid Transit Authority

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

FORM 2

ACKNOWLEDGMENT OF ADDENDA

Each Quoter must complete and submit an acknowledgement with its quote, that it has received all Addenda issued by MARTA for this solicitation. If none were issued check the box next to the word “NONE” below. This form has been included and may be used to satisfy this requirement.

This is to acknowledge receipt of the following Addenda for RFQ Q50674: LAREDO SOLAR

MONITORING SERVICES

NONE [ ]

Addenda # Date

1. _____________________________________ ______________________;

2. _____________________________________ ______________________;

3. _____________________________________ ______________________;

4. _____________________________________ ______________________;

5. _____________________________________ ______________________;

6. _____________________________________ ______________________;

7. _____________________________________ ______________________;

8. _____________________________________ ______________________;

9. _____________________________________ ______________________; and

10. _____________________________________ ______________________.

Date:_______________, 20_____

Corporate Quoter:

[Insert Corporate Quoter Name]

By:

Print Name:

Title:

Corporate Secretary/Assistant Secretary (Corporate Seal)

Date: __________________, 20_____

Non-Corporate Quoter: [Insert Non- Corporate Quoter Name]

By:

Print Name:

Title:

Notary Public (Seal)

FORM 3

QUOTATION FORM

On and as of ____________________, 2025, the undersigned, having examined carefully and become familiar with the (a) accompanying Request for Quotations for RFQ No. Q50674:

LAREDO SOLAR MONITORING SERVICES (“RFQ”); (b) any addenda to the RFQ; and (c) the Contract (as defined in the RFQ) being solicited by the Metropolitan Atlanta Rapid Transit Authority (“MARTA”), hereby submits this quote to MARTA in response to RFQ No. Q50674.

In compliance with RFQ Q50674 and the attached Contract, the undersigned hereby covenants and agrees to perform all Services in accordance with the Scope of Work and terms and conditions set forth in the Contract at the prices set forth in this quotation. The undersigned certifies that the only person or parties interested in this quotation as principals are those named herein, and that this quotation is made without collusion with any other person, firm, or corporation.

The quantity shown on the Quote Form as the "Estimated Quantity" for each item is an estimated quantity only for the purpose of comparing quotes. The Contractor shall deliver the product, at the prices quoted, in such quantities as the Authority orders. The Authority does not guarantee that the actual quantity of work under the Contract will exceed, equal, or approximate these estimates.

In the event of a discrepancy between the Unit Price and the Extended Price, the Unit Price quoted will be deemed by MARTA as the intended price being quoted by the Quoter and the Extended Price (as well as the Quote Total) shall be adjusted accordingly. In the event of a discrepancy between the sum of the Extended Price and the Quote Total, the sum of the Extended Price shall govern, and the Quote Total shall be adjusted accordingly.

Execution. The Quote Form must be signed by an authorized employee or representative of the Quoter.

Modifications/Edits. Quoter shall not delete, modify, or supplement the printed matter on the Quote Form or make any substitutions therefor unless specifically permitted (or directed) on the Quote Form.

FORM 3

QUOTATION FORM

RFQ NUMBER Q50674

In witness whereof, the Quoter hereto has executed this Quotation Form this day of , 20 .

QUOTER:

Company Name:

Street Address:

City: State: Zip:

Telephone Number: Email Address:

Line

Item

Services Description

Estimated

Quantity Unit Price

Extended Price

#1 Solar Monitoring Equipment 1 Each

#2 Monitoring Subscription - Year 1 1 Each

#3 Monitoring Subscription - Year 2 1 Each

#4 Monitoring Subscription - Year 3 1 Each

#5 Monitoring Subscription - Year 4 1 Each

#6 Monitoring Subscription - Year 5 1 Each

Quotation Total

THE QUOTATION FORM MUST BE SIGNED IN ORDER TO BE CONSIDERED FOR AWARD.

FORM 4

NO CONFLICT OF INTEREST

Except as may be identified and explained below, the undersigned hereby certifies that: (a) no member of the Board of Directors, officer, and employee of the Metropolitan Atlanta Rapid Transit Authority; (b) no elected, appointed, and employed official or employee of the State of Georgia and of a governing body, instrumentality, or political subdivision within the territory comprising the Counties of Fulton, DeKalb or Clayton, Georgia; (c) no relative of any persons described above; (d) no member of and delegate to the Congress of the United States has an interest whatsoever in Quoter’s organization and in the proceeds of a Contract and agreement which might be made between Quoter and the Metropolitan Atlanta Rapid Transit Authority as a result of the, quote, or qualification statement accompanied by this certification; and (e) no person who is or who during the past six months has been a member of the Board of Directors, an officer, or an employee of the Metropolitan Atlanta Rapid Transit Authority is employed by or on behalf of the Quoter’s organization.

The undersigned certifies that he/she is legally authorized by the Quoter to make the above representation, and that the representation is true to the best of his/her knowledge and belief and without deliberate omission of any inquiry which would to the best of his/her belief tend to change the above representation. The undersigned understands that any representation made knowing it to be false may disqualify the Quoter from being awarded the Contract and future work by MARTA.

NOTE: THIS CERTIFICATION MUST BE COMPLETED, SIGN AND SUBMITTED TO MARTA.

Signature:

Name (Print):

Title: Telephone #:

Email Address:

Name of Quoter Company:

Address:

FORM 5

LIST OF PROPOSED SUBCONTRACTORS

1. NAME: _______________________________________________________________________________________________________

ADDRESS: _____________________________________________________________________________________________________

TELEPHONE NUMBER: _________________________________________________________________________________________

SUBCONTRACT EFFORT: _______________________________________________________________________________________

AGE OF FIRM: _______YEAR(S) ________ MONTH(S) ❑ DBE ❑ NON-DBE

ANNUAL GROSS RECEIPTS OF FIRM:

❑ $0 - $99,999 ❑ $100,000 - $499,999 ❑$500,000 - $999,999 ❑$1,000,000 - $4,999,999

❑ $5,000,000 - $9,999,999 ❑$10,000,000 - $14,999,999 ❑$15,000,000 – 24,999,999

2. NAME: _______________________________________________________________________________________________________

ADDRESS: _____________________________________________________________________________________________________

TELEPHONE NUMBER: _________________________________________________________________________________________

SUBCONTRACT EFFORT: _______________________________________________________________________________________

3. NAME: _______________________________________________________________________________________________________

ADDRESS: _____________________________________________________________________________________________________

TELEPHONE NUMBER: _________________________________________________________________________________________

SUBCONTRACT EFFORT: _______________________________________________________________________________________

Please additional sheet(s) if needed)

FORM 6

QUALIFICATIONS AND BUSINESS REFERENCES

Name of Quoter:

Business License Number

Federal ID Number

Duns Number

1. Are you registered to do business in Georgia? Yes No

2. Is your company licensed to do Business in the State of Georgia? Yes No

3. Please mark the appropriate classification of your organization.

Individual Partnership Corporation

Limited Liability Company Joint Venture S Corporation

Please identify the State which your organization is incorporated. _________________

If a partnership, list names and addresses of partners; if a corporation, list names of officers and directors and State of Incorporation; if a joint venture, list names and addresses of ventures and, if any venturer is a corporation, partnership, or joint venture, list the same information for each such corporation, partnership, and joint venture.

4. How many years has your organization been in business under your present business name?

____ yrs.

5. How many years of experience has your organization had in work similar to the work of this

Contract?

(a) As a prime contractor? (b) As a subcontractor?

6. List all the contracts which your organization has completed during the last 5 years which demonstrate the qualifications to perform the work of this Contract which your firm has provided services of similar size and scope. (For joint venture work, show the sponsoring individual or company.) Use additional sheet(s), using the same format (s) below as needed.

Customer Organization Name:

Customer Address:

Year: Contract Price:

Kind of Contract: Location of Work:

Contact Person Name: Contact Person Number:

Contact Person Email Address:

Project Name or Service Description:

Customer Organization Name:

Customer Address:

Year: Contract Price:

Kind of Contract: Location of Work:

Contact Person Name: Contact Person Number:

Contact Person Email Address:

Project Name or Service Description:

7. Have you or your organization, or any officer or partner thereof, failed to complete a contract?

If so, provide details

8. Is any litigation pending against your organization or has your organization been engaged in any litigation or adversarial proceedings within the last five (5) years? [Check the correct response below:]

Yes No If the response is yes, please provide a detailed description of each proceeding below:

(Use additional pages if necessary.)

The undersigned certifies that he/she is legally authorized by the Quoter to make the statements and representations contained in this form, and represents and warrants that the foregoing information is true and accurate to the best of his knowledge, and intends that the Metropolitan Atlanta Rapid Transit Authority rely thereon in awarding the Contract.

RESPONDENT NAME: ________________________________________

DATE OF SIGNING: _____________________________________

SIGNATURE: _________________________________________________

TITLE: _____________________________________________

QUOTER MAY USE ADDITIONAL SHEETS IF NECESSARY TO RESPOND TO ANY

QUESTION(S).

APPENDIX A

OFFICE OF DIVERSITY AND INCLUSION REQUIREMENTS

Quoters are: (i) strongly encouraged to consider the use of Small Business Enterprises (“SBE(s)”) in all aspects of the Contract that will be awarded and; (ii) will be required to document their good faith efforts in this regard as an integral part of their Quote. Refer to the Equal Employment Opportunity and Small Business

Enterprise Requirements.

(i) A current listing of SBE’s certified with the Georgia Unified Certification Program DBE Directory, as the same may change from time to time, is located at: http://www.dot.ga.gov/PS/Business/DBE#tab-2.

(ii) MARTA has assigned a 0% goal for Small Business Enterprise participation in this project.

See the attached forms.

http://www.dot.ga.gov/PS/Business/DBE#tab-2

METROPOLITAN ATLANTA RADID TRANSIT AUTHORITY

OFFICE OF DIVERSITY AND INCLUSION

SCHEDULE OF SMALL BUSINESS ENTERPRISE (SBE) UTILIZATION PLAN

Contract # Q50674 Laredo Solar Monitoring Services

As specified in Part I, Section 18 of the Equal Opportunity and Small Business Utilization specifications, Contractors are to present the following details.

Name of

Contractor/Subcontractor

S

B

E

D

B

E

M

B

E

W

B

E

Race Gender

Point of Contact:

Name/Phone Number/Address

Type of work and contract item or parts thereof to be performed

Agreed Upon Contract Amount

Total

CERTIFICATION

The undersigned certifies that he/she has read, understands, and agrees to be bound by Parts I and III of this Request for Quote, including the accompanying Exhibits, regarding Equal Opportunity assurances and

SBE, and the other terms and conditions of the Request for Quote. The undersigned further certifies that he/she is legally authorized by the Contractor to make the statements and representations in this Part I and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter-into formal agreement(s) with SBE(s) which are otherwise deemed by the

Authority to be technically responsible and certified to perform the work listed above.

Print Name: ________________________________ Signature: ____________________________________ Title: ____________________________ Date of Signing: _________________________

Firm or Corporate name: ______________________________________________ Telephone: __________________________________ Fax: _____________________________________________

Address:_________________________________________________________________________________________________________________________________________________________

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY

OFFICE OF DIVERSITY AND INCLUSION

EEO STATISTICAL DATA

Contract #___Q50674 Laredo Solar Monitoring Services ______

Employment Data as of: _____________________ ___________________ ________________________________________ Company Location Contract Name

The Contractor shall provide the following information pertaining to its workforce. If the Contractor has an Atlanta-area workforce, it should be shown; if the Contractor does not have an Atlanta-area workforce, total permanent workforce should be shown.

The above reflects (check one): Atlanta-area workforce Total permanent workforce (outside Atlanta area)

Firm’s Name Signature /Title Date

JOB CATEGORIES

ALL EMPLOYEES TOTAL MINORITY EMPLOYEES

TOTAL

MALES AND

FEMALES MALES FEMALES

MALES FEMALES

BLACK

ASIAN

AMERICAN

AMERICAN

INDIAN HISPANIC BLACK

ASIAN

AMERICAN

AMERICAN

INDIAN HISPANIC

Officers

Managers

Supervisors

Professionals

Technicians

Sales Workers

Office & Clerical

Craftsman (skilled)

Operatives (semi-skilled)

Laborers (unskilled)

Service Workers

Apprentices

TOTALS

PART 3

RFQ NO. Q50674

GENERAL TERMS AND CONDITIONS

See attached.

Purchase Order General Terms and Conditions

1. Acceptance

This purchase order is an offer by Metropolitan

Atlanta Rapid Transit Authority (“MARTA”) to purchase of the goods ("Goods") or services

(“Services”) specified, from the party to whom the purchase order is addressed ("Seller") in accordance with and subject to these terms and conditions ("Terms"; together with the terms and conditions on the face of the purchase order, ("Order"). This Order will be deemed accepted by the Seller upon the first of the following to occur: (a) Seller making, signing, or delivering to MARTA any letter, form or other writing or instrument acknowledging acceptance or (b) any performance by Seller under the Order. This

Order, together with any documents incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to the Order and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral, with respect to the subject matter of the Order, unless a separate overriding written contract has been entered into and signed by the parties. The Order expressly limits Seller's acceptance to the terms of the Order. These Terms expressly exclude any of Seller's terms and conditions of sale or any other document issued by Seller in connection with this Order.

2. Delivery

Seller shall deliver the Goods and/or perform the Services at the delivery point (“Delivery

Location”), and on the date(s) specified in this

Order ("Delivery Date). If Seller fails to deliver the Goods or Services in full, on the Delivery

Date, MARTA may terminate the

Order immediately and Seller shall indemnify

MARTA against any losses, damages, and reasonable costs and expenses attributable to

Seller's failure to deliver.

3. Inspection

MARTA reserves the right to inspect the Goods before, on or after the Delivery Date. MARTA, at its sole option, may reject all or any portion of the Goods if it determines the Goods are defective or nonconforming. If MARTA requires replacement of the Goods, Seller shall replace the nonconforming Goods at Seller’s sole expense within 15 days of being informed of defective or non-conforming goods. If Seller fails to timely deliver replacement Goods, MARTA may, among other remedies set forth herein, replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to

Section 7. Any inspection or other action by

MARTA under this Section shall not affect

Seller's obligations under the Order, and MARTA shall have the right to further inspection after

Seller takes remedial action.

4. Price, Payment and Invoices

The price of the Goods or Services is the price(s) stated on the face of this Order (“Price(s)”).

Seller warrants that prices shown on this Order shall be complete, and no additional charges of any type shall be added without MARTA's express written consent.

Seller shall invoice MARTA for the Order within thirty (30) days of delivery. Unless otherwise stated in the Order, MARTA shall pay all properly invoiced amounts due to Seller within thirty (30) days after receipt of such invoice, except for any amounts disputed by MARTA.

The parties shall seek to resolve all such disputes expeditiously and in good faith. Seller shall continue performing its obligations under the Order notwithstanding any such dispute.

Without prejudice to any other right or remedy, MARTA reserves the right and Seller agrees that MARTA has such right, to set off any amount owing to it by Seller against any amount payable by MARTA to Seller. Payment of an invoice is not evidence or admission that the Goods or Services meet the requirements of the Order.

All prices must be Free On Board Destination

(“FOB”), unloaded as directed by MARTA and assembled unless otherwise specifically indicated. Seller bears the expense and risk of transporting the goods to the specified location and is responsible for ensuring that the delivered goods have not been damaged during transport.

Unless otherwise specified, payment terms are

Net thirty (30) from receipt of accurate and complete invoice and upon acceptance issued by the appropriate MARTA receiving department.

Invoices:

• All invoices should be sent to:

Metropolitan Atlanta Rapid Transit

Authority (MARTA) accountspayable@itsmarta.com

• A separate invoice is required for each purchase order. Multiple purchase orders issued to the same

Seller may not be invoiced using identical invoice numbers.

• The purchase order number must be on all invoices, correspondence, packages, packing slips, and delivery tickets (shipper's bill of lading). All invoices must state the

Seller's name and remittance address, and name of requesting department to whom delivery of Goods and/or

Services are to be made.

• Invoices must not include sales tax. Seller acknowledges that MARTA will not pay for any sales tax.

• Discount terms must be specified on the invoice.

• Exact description of Good(s) and/or Service(s) must be shown exactly as stated on the Purchase

Order. Invoices are not paid until orders are complete with all items on purchase order received, evaluated, tested, inspected approved and accepted by

MARTA.

5. Conflict of Interest/Prohibited Interests

The Seller undertakes, represents, and warrants that none of the following, during his/her/its tenure or for six months thereafter, has or will have any interest, direct or indirect, in the Purchase Order or in any part of the proceeds hereof: members of MARTA’s Board of Directors; officers, employees, or of any representative of MARTA in the administration of the Order, pursuant to MARTA's Code of

Ethics. This section also applies to members of or delegates to the United States Congress or the Georgia legislature; and members of the governing body, and all other officers and employees, of the City of Atlanta, Counties of

Clayton, Fulton and DeKalb, Georgia.

6. Change Order

MARTA may, from time to time, initiate changes by issuing to Seller written notices

(each, a “Change Order”) that alter, add to, or deduct from the Goods or Services, but that are otherwise subject to the Terms of this

Order. Seller will promptly comply with the terms of any Change Order.

7. Termination

MARTA may terminate this Order, in whole or in part, for any reason or no reason upon thirty

(30) days' prior written notice to Seller. In addition to any remedies provided herein, MARTA may terminate this Order with immediate effect, either before or after acceptance of Goods or Services, if Seller has breached any of the Terms herein. If the Seller becomes insolvent, commences (or has commenced by it or against it) a bankruptcy proceeding, receivership, reorganization or assignment for the benefit of creditors, then

MARTA may terminate this Order. If MARTA terminates the order, Seller’s sole and exclusive remedy, if any, shall be limited to the payment for the Goods or Services already received and accepted by MARTA prior to the termination.

8. Warranties

Seller warrants to MARTA that for a period of eighteen (18) months from the Delivery Date, all Goods, Services or Goods furnished in connection with Services will: (a) be new and free from any defects in workmanship, material and design; (b) conform to applicable specifications; (c) be fit for their intended purpose and operate as intended; (d) be free and clear of all liens, security interests or other encumbrances; and (e) not infringe or misappropriate any third party's intellectual property rights. These warranties survive any delivery, inspection, acceptance or payment.

These warranties are cumulative and in addition to any other warranty provided by law or in equity. Any applicable statute of limitations runs from the date of MARTA's discovery of the noncompliance. If MARTA gives Seller notice of noncompliance, Seller shall, at its own cost and expense, promptly replace or repair the nonconforming Goods or

Services.

9. Indemnification

Seller shall defend, indemnify, and hold harmless MARTA and its subsidiaries, affiliates, successors and assigns and MARTA’s directors, officers, shareholders, and employees (collectively, "Indemnitees") against any and all loss, injury, death, damage, liability, claim, action, judgment, interest, penalty, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder (collectively, "Losses") arising out of or occurring in connection with (a) Seller’s performance of its obligations (b) Seller's negligence, willful misconduct (c) breach of the Terms of this

Order (d) possession of Goods that infringe upon the rights of any third party or (e) misappropriates the patent, copyright, trade secret or other intellectual property right of any third party.

10. Insurance

Seller shall, at its own expense, maintain, and carry insurance in full force and effect with financially sound and reputable insurers, which includes: (a) commercial general liability

(including product liability) in a sum no less than $1,000,000 for each occurrence and

$2,000,000 in the aggregate; (b) workers’ compensation insurance in compliance with the applicable laws of each jurisdiction affected by the Order; (c) if the Seller will use or provide for use of motor vehicles in providing and/or performing the Order, automobile (motor vehicle) insurance covering all liabilities for personal injury and property damage arising from the use of such vehicles, with limits of no less than $1,000,000. Upon

MARTA's request, Seller shall provide MARTA with a Certificate of Insurance listing MARTA as the certificate holder and evidencing the coverage specified in this Order.

11. Compliance with Law

Seller warrants and represents to MARTA that it is in compliance with (and shall remain in compliance during performance of this Order) and ensure that its employees, agents, contractors and subcontractors (the

“Personnel”) comply with all applicable laws, regulations and ordinances. Seller has and shall maintain in effect all the licenses, permissions, authorizations, consents and permits required by law to carry out its obligations under the

Order. Seller shall comply with all export and import laws of all countries involved in the sale of Goods under this Order. Seller assumes all responsibility for shipments of Goods requiring any government import clearance. If Seller fails to comply with the laws, orders, rules, ordinances and regulations and as a result

MARTA is fined, Seller agrees to pay the fine and costs incident thereto or reimburse

MARTA immediately upon written request therefor. To the extent that Seller’s personnel are required to enter onto MARTA’s site or property, Seller shall ensure that its personnel comply with MARTA’s health, safety and environmental policies and standards.

12. Shipping Terms

Delivery shall be made in accordance with the

Terms of this Order. The Order number must appear on all documents pertaining to the

Order, invoices, packing lists, correspondence, and all shipping documents. Seller shall not substitute material or ship more than the quantity ordered. Seller shall be solely responsible for and pay, all costs of delivering the Goods to the Delivery Location, including, without limitation, all shipping and freight costs and all duties, fees, tariffs or similar analogous taxes on imports/exports of the Goods

(“Customs

Duties”).

13. Taxes

MARTA is exempt from the State of Georgia and local sales tax and an Exemption Certificate will be furnished upon written request.

14. Title and Risk of Loss

Unless otherwise specified in the Order, risk of loss of the Goods remains with Seller and title will not pass to MARTA until the Goods are delivered to and accepted by MARTA at the

Delivery Location.

15. Force Majeure

Neither party shall be liable to the other for any delay or failure in performing its obligations under the Order to the extent that such delay or failure is caused by an event or circumstance that is beyond the reasonable control of the applicable party, without such party's fault or negligence, and which, by its nature, could not have been foreseen by such party ("Force

Majeure Event"). Force Majeure Events include, but are not limited to, acts of God, floods, fire, earthquakes, explosion, epidemic, war, invasion, terrorist acts, riots, strike, or embargoes. Seller's economic hardship, changes in market conditions or inability to pay a monetary amount are not considered Force

Majeure Events. Seller shall use its best efforts to end the failure or delay of its performance, ensure that the effects of any Force Majeure

Event are minimized and resume performance under the Order. If a Force Majeure Event prevents Seller from performing for a continuous period of more than fifteen (15) business days, MARTA may terminate this Order immediately by giving written notice to Seller.

16. Relationship of the Parties

The Seller is an independent contractor of

MARTA. Nothing contained herein shall be construed as creating any agency, partnership, employment or fiduciary relationship. Neither party shall have authority to bind the other party in any manner whatsoever.

17. Governing Law and Venue

All matters arising out of or relating to this

Order shall be governed by and construed in accordance with the laws of the State of

Georgia, excluding its choice or conflict of law rules. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the federal court of the

Northern District of Georgia and/or state courts of Fulton County, Georgia and the courts of appeal from them.

18. Notices

All notices, consents, claims, demands, waivers and communications required or permitted hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth on the face of this Order or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (all fees pre-paid), or U.S. certified or registered mail

(return receipt requested, with all postage prepaid).