RFQC 22-037

REQUEST FOR STATEMENTS OF QUALIFICATION FROM

QUALIFIED CONTRACTORS

RFQC #22-037

STORMWATER REPAIR, MAINTENANCE AND INSPECTION SERVICES

RESPONSE DUE DATE: FEBRUARY 28, 2022, 2:00 PM EST

The City of Sandy Springs (“City”) uses a procurement portal powered by Bonfire Interactive (“Bonfire”) for accepting and evaluating bids, statements of qualification, responses and proposals digitally, found by using the link below:

https://sandysprings.bonfirehub.com/projects/59232/

A response submitted (“Response”) in any other format (e-mail, paper, fax, mail, etc.) will not be accepted for any reason.

Please contact Bonfire at Support@GoBonfire.com for technical questions related to your registration or submissions.

You can also visit Bonfire’s help forum at bonfirehub.zendesk.com/hc.

There is no pre-submittal conference for this Request for Qualifications (“RFQC”). Questions should be directed in writing to Edward McAdoo III, City of Sandy Springs, Senior Contract Specialist and Procurement Manager for this procurement, via e-mail at purchasing@sandyspringsga.gov or via the QA function in Bonfire. The deadline for submitting questions will be no later than 5:00 PM on February 17, 2022.

Information concerning this solicitation may be found electronically at:

https://sandysprings.bonfirehub.com/projects/59232/

The Bonfire website will contain this RFQC, any addenda, clarifications, schedule changes and other important information regarding the solicitation. Contractors submitting Responses (“Respondents”) should check these electronic pages daily.

The City reserves the right, among others, to reject all Responses and to waive technicalities and informalities, to make award in the best interest of the City, or to cancel this solicitation at any time for any reason.

Table of Contents

RESPONDENT’S RFQC CHECKLIST

SCHEDULE OF EVENTS

SECTION 1: RFQC INSTRUCTIONS

1.1 SINGLE POINT OF CONTACT

1.2 REQUIRED REVIEW

1.2.1 REVIEW RFQC

1.2.2 ADDENDA

1.2.3 FORM OF QUESTIONS:

1.2.3 THE CITY’S ANSWERS

1.3 PRE-SUBMITTAL CONFERENCE

1.4 SUBMITTING A SEALED RESPONSE

1.4.1 ORGANIZATION OF RESPONSE:

1.4.2 FAILURE TO COMPLY WITH INSTRUCTIONS:

1.4.3 RESPONSES:

1.4.4 DEADLINE FOR RECEIPT OF SEALED QUALIFICATIONS:

1.4.5 Late Submissions, Withdrawals, and Corrections

1.5 RESPONDENT'S CERTIFICATION

1.5.1 UNDERSTANDING OF SPECIFICATIONS AND REQUIREMENTS:

1.5.2 RESPONDENT’S SIGNATURE:

1.5.3 OFFER IN EFFECT FOR 180 DAYS:

1.6 COST OF PREPARING A RESPONSE

1.6.1 CITY NOT RESPONSIBLE FOR PREPARATION COSTS:

1.6.2 ALL TIMELY SUBMITTED MATERIALS BECOME PROPERTY OF THE CITY:

SECTION 2: RECEIPT OF RESPONSES AND EVALUATION PROCESS

2.1. AUTHORITY

2.2. RECEIPT OF RESPONSES AND PUBLIC INSPECTION

2.2.1 PUBLIC INFORMATION:

2.2.2 REVIEW OF RESPONSES:

2.3. CLASSIFICATION AND EVALUATION OF RESPONSES

2.3.1 INITIAL CLASSIFICATION OF RESPONSES AS RESPONSIVE OR NONRESPONSIVE:

2.3.2 DETERMINATION OF RESPONSIBILITY:

2.3.3 EVALUATION OF RESPONSES:

2.3.4 COMPLETENESS OF RESPONSES:

2.3.5 OPPORTUNITY FOR INTERVIEW, DISCUSSION/NEGOTIATION, AND/OR ORAL PRESENTATION/PRODUCT DEMONSTRATION: 10

2.3.6 PRE-QUALIFIED LIST:

2.4. CITY’S RIGHTS RESERVED

SECTION 3: SCOPE OF PROJECT/SPECIFICATIONS

3.1 PURPOSE AND SUMMARY OF PROCUREMENT

3.2 SCOPE OF SERVICES

3.3 PERFORMANCE

3.4 Contractor Service Priority Schedule………………………………………………………………………………………13

3.5 Emergency Response Services……………………………………………………………………………………………..…13

3.6 Vehicle Tracking……………………………………………………………………………………………………………………..13

3.7 Scheduled Equipment List……………………………………………………………………………………………………….14

3.8 Project Manager for the City……………………………………………………………………………………………………14

3.9 No Limit to Competition………………………………………………………………………………………………………

SECTION 4: RESPONDENT QUALIFICATIONS

4.1 CITY’S RIGHT TO INVESTIGATE

4.2 PREPARING RESPONSE

4.3 RESPONSE SUBMITTAL

4.3.1 Response Description and Resource of Respondent Firm………………………………………………………..15

4.3.2 Experience and Qualifications………………………………………………………………………………………………….16

4.3.3 Statement of Suitability…………………………………………………………………………………………………………..17

SECTION 5: EVALUATIONS

5.1 INITIAL REVIEW

5.2 TWO-PHASE PROCUREMENT

SECTION 6: TERMS AND CONDITIONS

6.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS

6.2 PERFORMANCE PRIOR TO CONTRACT EXECUTION

6.3 CONTRACT TERM

6.4 CONTRACT TERMINATION

6.5 SUBCONTRACTORS

6.6 GENERAL INSURANCE REQUIREMENTS

6.7 COMPLIANCE WITH WORKERS’ COMPENSATION ACT

6.8 COMPLIANCE WITH ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT ACT

6.9 COMPLIANCE WITH LAWS:

6.10 DRUG-FREE WORKPLACE

6.10.1 CERTIFICATION

6.10.2 CERTIFICATION:

6.11. SUBSTITUTIONS AND CHANGE ORDERS: .............................................................................................. …22

6.12 INVOICING AND PAYMENT

6.13 DELIVERIES

EXHIBIT A – CORPORATE CERTIFICATE FORM

EXHIBIT B – CONTRACTOR AFFIDAVIT UNDER O.C.G.A. §13-10-91

QUALIFICATIONS LETTER AND CERTIFICATION

(FAILURE TO INCLUDE THIS SIGNED QUALIFICATIONS LETTER AND CERTIFICATION MAY RESULT IN THE REJECTION

OF YOUR RESPONSE.)

By submitting a Response, the undersigned proposes to furnish and deliver any and all of the deliverables and services named in the attached RFQC #22-037 Stormwater Repair, Maintenance and Inspection Services (“Project”) for the City of Sandy Springs (“City”).

It is understood and agreed that the Response constitutes an offer, which when accepted in writing by the Purchasing

Division of the City’s Finance Department, and subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and the City.

It is understood and agreed that the undersigned has read the City’s specifications shown or referenced in the RFQC and that this statement is made in accordance with the provisions of such specifications. By written signature on this

Response, the undersigned guarantees and certifies that all items included in this Response meet or exceed any and all such City specifications described in this RFQC. The undersigned further agrees, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all Responses, waive technicalities, and informalities, and to make an award in the best interest of the City.

CERTIFICATION

The undersigned certifies that this Response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a statement for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. The undersigned understands that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. The undersigned agrees to abide by all conditions of the RFQC and certifies that he/she is authorized to sign this Response for the Respondent. The undersigned further certifies that the provisions of O.C.G.A. § 45-10-20, et seq., have not been violated and will not be violated in any respect.

Authorized Signature for Respondent:

Date:

Print/Type Name and Title of Person Signing for Respondent: _

Print/Type Respondent Name Here:

RESPONDENT’S RFQC CHECKLIST

Critical Things to Keep in Mind When Responding to an RFQC for the City of Sandy Springs

1. Read the entire document. Note critical items such as: supplies/services required; submittal dates; number of copies required for submittal; contract requirements (e.g. bonding and insurance requirements); etc.

2. Note the Procurement Manager's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFQC and is an excellent source of information.

3. Attend the pre-submittal conference, 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 RFQC.

4. Take advantage of the “question and answer” period. Submit your questions to the

Procurement Manager by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFQC. All addenda issued for an RFQC are posted on the City’s website and will include all questions asked and answered concerning the RFQC.

5. Follow the format required in the RFQC 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.

Don’t assume the City will know what your company’s capabilities are or what items/services you can provide, even if you have previously contracted with the City.

Responses are evaluated based solely on the information and materials provided in your

Response.

7. Use the forms provided, e.g. cover page, standard forms, etc.

8. Review the RFQC document again to make sure that you have addressed all requirements.

Your original Response must be complete.

9. Submit Response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late Responses will not be accepted.

This checklist is provided for assistance only and should not be submitted with the Response.

SCHEDULE OF EVENTS

EVENT DATE

RFQC Issue Date ............................................................................................................ February 2, 2022

Deadline for Receipt of Written Questions ................................................ February 17, 2022 (5:00 PM)

Deadline for Posting Written Answers to City’s Website ........................................... February 23, 2022

Response Due Date .................................................................................... February 28, 2022 (2:00 PM)

Anticipated Pre-qualification Date ....................................................................................... March 2022

(All time references in this document are to be understood as local, Eastern Time, for the City of Sandy Springs, Georgia)

SECTION 1: RFQC INSTRUCTIONS

1.1 Single Point of Contact

From the date this Request for Qualifications (“RFQC”) is issued until a qualified contractor is selected, Respondents are not allowed to communicate with any staff (other than designee below (“Procurement Manager”)) or elected officials of the City regarding this procurement. Any unauthorized contact may disqualify the Respondent from further consideration. Contact information for the single point of contact is as follows:

Purchasing Manager: Edward McAdoo III

Address: 1 Galambos Way

Sandy Springs, GA 30328

Telephone Number: 770-730-5600

E-mail Address: purchasing@sandyspringsga.gov

1.2 Required Review

1.2.1 Review RFQC: Respondents should carefully review this RFQC in its entirety including all instructions, requirements, specifications, terms and conditions and promptly notify the Procurement Manager, identified above, in writing or via e-mail of any ambiguity, inconsistency, unduly restrictive specification, or error which may be discovered upon examination of this RFQC.

1.2.2 Addenda: The City may revise this RFQC by issuing an addendum prior to its opening. Any addendum will be posted on the Bonfire website alongside the posting of the RFQC at https://sandysprings.bonfirehub.com/opportunities/59232. Addenda will become part of the procurement documents and subsequent contract. Respondents must sign and return any addendum with their Responses. Failure to respond in accordance with an addendum may be cause for rejection of a Response. In unusual circumstances, the City may postpone an opening in order to notify vendors and to give Respondents sufficient time to respond to an addendum.

1.2.3 Form of Questions: Respondents with questions or requiring clarification or interpretation of any section within this RFQC shall address these questions in writing or via e-mail to the Procurement

Manager referenced above or in Bonfire on or before February 17, 2022 at 5:00 PM. Each question shall provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered.

1.2.4 The City’s Answers: The City will provide, no later than February 23, 2022, an official written answer to all questions received within the period stipulated under Section 1.2.3. The City’s response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFQC will not be binding upon the City. Any formal written addendum will be posted on the City’s Bonfire website alongside the posting of the RFQC at https://sandysprings.bonfirehub.com/opportunities/59232 by the close of business on the date listed. Respondents must sign and return any addendum with their

Response.

1.3 Pre-Submittal Conference

There is no pre-submittal conference scheduled for this solicitation.

1.4 Submitting a Sealed Response

1.4.1 Organization of Response: Each Response shall be prepared simply and economically, providing straightforward, concise delineation of the Respondent’s capabilities to satisfy the requirements of this

RFQC. To expedite the evaluation of Responses, it is essential that Respondents follow the format and instructions contained herein.

Respondent shall place the following information on the outside, lower left corner of the Response submittal.

Request for Qualified Contractor #22-037

RFQC Closing Date: February 28, 2022

RFQC Closing Time: 2:00PM

Respondents shall organize their Responses in the following format:

A. Qualifications Letter and Certification – Respondent’s authorized representative(s) shall complete and sign the Qualifications Letter and Certification on page 4 of this RFQC and return it with the

Response.

B. Statement of Qualifications – Respondent shall respond comprehensively and clearly to the requirements of Section 4 and shall include all documents, information, exceptions, clarifications, etc., as requested therein.

C. Supporting Information – Respondent shall include all requested documents and information.

D. Addenda – if any addenda have been issued, complete, sign and return the Addendum

Acknowledgement (for each addenda issued) with the Response.

1.4.2 Failure to Comply with Instructions: The City may choose not to evaluate, may deem as non-responsive, and/or may disqualify from further consideration any Responses that do not follow this

RFQC format, are difficult to understand, are difficult to read, or are missing any requested information.

1.4.3 Deadline for Receipt of Sealed Qualifications: All Responses must be received in Bonfire found by using the link below no later than 2:00 PM (EST), on February 28, 2022.

https://sandysprings.bonfirehub.com/opportunities/59232

Any Response submitted in any other format (e-mail, paper, fax, mail, etc.) will not be accepted for any reason.

1.4.4 Late Submissions, Withdrawals, and Corrections:

A. Late Response - Regardless of cause, late Responses will not be accepted and will automatically be disqualified from further consideration. It shall be the Respondent’s sole responsibility to assure delivery to the Purchasing Office by the designated time. Late Responses will not be opened and may be returned to the Respondent at Respondent’s expense or destroyed if requested by

Respondent.

B. Withdrawal of Response - A Respondent requesting to withdraw its Response prior to the RFQC due date and time may submit a letter to the Procurement Manager requesting to withdraw. The letter must be on the Respondent’s letterhead and signed by an individual authorized to legally bind the

Respondent.

C. Correction of Response - If an obvious clerical error is discovered after the Response has been opened, the Respondent may submit a letter to the Purchasing Manager within two (2) business days of opening, requesting that the error be corrected. The letter must be on the Respondent’s letterhead and signed by an individual authorized to legally bind the Respondent. The Respondent must present clear and convincing evidence that an unintentional error was made. The Purchasing

Manager will review the correction request and a judgment will be made. Generally, modifications to opened Responses for reasons other than obvious clerical errors are not permitted.

1.5 Respondent's Certification

1.5.1 Understanding of Specifications and Requirements: By submitting a Response, Respondent acknowledges an understanding of and agrees to comply with the specifications and requirements described in this RFQC.

1.5.2 Respondent’s Signature: All signatures required in the RFQC on behalf of a Respondent shall be signed in ink by an individual authorized to legally bind the business submitting the Response. Proof of authority of the person signing the Response shall be furnished upon request.

1.5.3 Offer in Effect for 180 Days: Except in rare cases as described in Section 1.4.4, a Response may not be corrected, withdrawn, or canceled by the Respondent for a 180-day period following the deadline for submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and

Respondent so agrees by submitting a Response.

1.6 Cost of Preparing a Response

1.6.1 City Not Responsible for Preparation Costs: The costs for developing and delivering a Response and any subsequent presentations of the Response as requested by the City are entirely the responsibility of the Respondent. The City is not liable for any expense incurred by the Respondent in the preparation and presentation of a Response.

1.6.2 All Timely Submitted Materials Become Property of the City: All materials submitted in response to this RFQC become the property of the City and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Respondent resulting from this procurement.

SECTION 2: RECEIPT OF RESPONSES AND EVALUATION PROCESS

2.1. Authority

This RFQC is issued under the authority of the City of Sandy Springs.

2.2. Receipt of Responses and Public Inspection

2.2.1 Public Information: During the opening of Responses, only the Respondent’s name will be published.

No other information will be disclosed at that time, nor shall the Responses be considered open record until after contract award by City Council. All information received in response to this RFQC, including copyrighted material, is deemed public information and will be made available for public viewing and copying shortly after Council award with the following four (4) 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; (3) any company financial information requested by the City to determine vendor responsibility, if clearly marked as such by the Respondent when submitted; and (4) other information subject to Constitutional protections.

2.2.2 Review of Responses: Upon opening the sealed Responses, the Procurement Manager will review the

Responses and separate out any information that meets the referenced exceptions in Section 2.2.1 above, providing the following conditions have been met:

Confidential information is clearly marked and separated from the rest of the Response;

The Response does not contain any cost; and

An affidavit from a Respondent’s legal counsel attesting to and explaining the validity of the confidentiality claim is attached to each Response containing trade secrets or confidential information.

Information separated out under this process will be available for review only by the Procurement

Manager, the Finance Director, and limited other designees. Respondents 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.

2.3. Classification and Evaluation of Responses

2.3.1 Initial Classification of Responses as Responsive or Nonresponsive: All Responses will initially be classified as either “responsive” or “nonresponsive”. Responses may be found nonresponsive at any time during the evaluation process if any of the required information is not provided or if the Response does not comply with the specifications described and required in the RFQC. Responses found nonresponsive may not be considered further.

2.3.2 Determination of Responsibility: The Procurement Manager will determine whether a Respondent has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through negotiation if information surfaces that would result in a determination of non-responsibility. If a Respondent is found not to be responsible, the determination must be in writing and made a part of the procurement file.

2.3.3 Evaluation of Responses: During the evaluation of Responses, the City reserves the right to request clarification of experience and references, if deemed necessary for a complete evaluation of Responses.

The City shall be the judge of the factors and will make the award in the best interest of the City.

2.3.4 Completeness of Responses: Selection and award will be based on the Respondent’s Response and criteria outlined in this RFQC. Responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Respondents outside the formal Response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Respondent being disqualified from further consideration.

2.3.5 Opportunity for Interview, Discussion/Negotiation, and/or Oral Presentation/Product

Demonstration: After receipt of all Responses and prior to determination of a pre-qualified list, the

City may initiate discussions with one or more Respondents should the City determine such discussions would clarify a Response or would otherwise be beneficial in evaluating Responses.

2.3.6 Pre-Qualified List: A list of qualified Respondents will be determined. Those pre-qualified firms will be eligible to bid on the next phase of the Project.

2.4. City’s Rights Reserved

While the City has every intention to develop a pre-qualified list of Respondents as a result of this procurement, issuance of the RFQC in no way constitutes a commitment to do so by the City. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to:

Cancel or terminate this procurement at any time. A notice of cancellation will be issued on the

City’s website. If the procurement is cancelled, the City will not reimburse a Respondent for the preparation of its Response. Responses may be returned upon request if unopened;

Reject any or all Responses received;

Make a contract award based directly on the Responses received, determined to be in the best interest of the City, in its sole discretion;

Enter into further discussions with one or more Respondents;

Waive and/or amend any undesirable, inconsequential, or inconsistent provisions/specifications of this RFQC which would not have significant impact on any Response;

Not award if it is in the best interest of the City; or

Terminate any contract if the City determines adequate funds are not available.

SECTION 3: SCOPE OF PROJECT/SPECIFICATIONS

3.1 Purpose and Summary of Procurement

The City is seeking submissions from highly qualified contractors to provide Stormwater Repair, Maintenance, and

Inspection Services throughout the City, as directed. The successful Respondent (“Contractor”) will provide scheduled maintenance, upkeep, and operation of City owned facilities. The Contractor shall employ and appropriately train a sufficient number of employees to provide efficient and timely services on behalf of the City.

The Contractor shall assume responsibility for the cost of employing the workforce to maintain the City's facilities.

The Contractor shall have current registration with GDOT as a Qualified Routine Maintenance Contractor in the following work class: Drainage Rehabilitation, Repair, Replacement, and Miscellaneous Maintenance

3.2 Scope of Services

3.2.1 Storm System Maintenance

A. Provide the equipment and labor to maintain the storm drain system in Sandy Springs in accordance with agreed upon schedules and frequencies with the City. Typical maintenance may include but is not limited to replacing catch basin tops, grouting storm structures, minor storm pipe repairs, installing access to a junction box, etc.

B. Line washing of drainage piping and culverts, vacuuming of storm structures including curb inlets, catch basins, drop inlets and junction boxes.

C. Maintain adequate traffic safety control while performing storm drain system maintenance tasks.

Lane closures may be required.

D. Verify with the City all ROW and easement parameters to insure that work is not performed on private property, unless approved by the City.

E. Collect and properly dispose of all solids and debris washed and vacuumed from the storm drain system in accordance with federal, state and local disposal regulations. Disposal costs of the waste shall be forwarded to the City for payment.

3.2.2 Storm System Inspections

A. Inspect storm pipes and structures the City is responsible for maintaining. To comply with the

City’s state MS4 permit, the City or its designee must inspect 20% of the City’s infrastructure each year. That is approximately 2,500 pipes and structures or over two hundred (200) per month.

Inspections will be tracked on a monthly basis with the total completed reported in a monthly report.

B. Utilize a pole camera for the inspections. A picture of each pipe and structure inspected is required. The pole camera shall be wireless and be adjustable to a minimum depth of fifteen feet

(without extensions). It shall have a touchscreen tablet interface that allows viewing, annotation and playback along with a clamp-on bipod to allow hands-free operation to maximize image stability.

C. Notify the City of any deficiencies found during the inspections that require repair after the work order is completed. Maintain daily log of issues. Include a copy of the log in the monthly report.

D. Inspect pipes and structures as required ahead of roadway paving projects. Utilize a pole camera for the inspections. A picture of each pipe and structure inspected is required. Provide real-time summary of any deficiencies or issues using a written collaborative software reporting format such as Asana.

3.2.3 Pond Vegetation Cutting and Removal: Provide vegetation cutting and removal services up to four

(4) times a year based on the list of the City’s detention ponds that will be provided during the ITB process. Services shall include all equipment and labor required to complete the scope of services. The scope includes performing work as follows:

A. Cut all vegetation present inside the pond within the fenced area so that it is no higher than three

(3) inches tall immediately after it is cut.

B. Remove all vines, kudzu, etc., on fences, walls, storm structures, etc.

C. Overseed with dominant grass as required.

D. Provide a time stamped daily report of equipment usage, personnel, and tasks performed.

3.3 Performance

All work shall conform to the Manual of Uniform Traffic Control Devices (MUTCD) and GDOT technical standards and specifications for roads, sidewalks, right of ways (ROW), drainage repair or minor construction, including, but not limited to, street traffic, traffic control devices, and work zone safety. All work performed shall be in accordance with Georgia Department of Transportation Standard Specifications for Construction along with the Construction

Standards and Details. The Contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The Contractor will conform to the MUTCD and the State of Georgia Department of

Transportation standards for traffic control. The Contractor shall, at the request of the City, submit a proposed

Traffic Control Plan for approval by the City before beginning work. All construction signs and devices will be maintained in good condition and meet the latest GDOT and MUTCD requirements. All flaggers must be certified for flagging and maintain proof of that certification. Traffic control will include flagging, lane closures, lane shifts, and provide safe areas and/or adequate safety for pedestrians through the work zone. The Contractor shall maintain a safe work zone for their employees and for pedestrian and vehicular traffic at all times. All Contractor vehicles used onsite shall have the City logo on each side of the vehicle. It is the Contractor’s responsibility to acquire such logos from the City. All water used on the Project must be from a metered source. It is the Contractor’s responsibility to obtain a meter from the operator of the water system they are drawing from, either City of Atlanta, Fulton, DeKalb and/or Gwinnett County.

3.4 Contractor Service Priority Schedule

The Contractor shall perform services in accordance with the below priority schedule. The City and the Contractor shall mutually agree on the priority level for each assigned work order.

• Priority 1 requests – 85% of all priority 1 request will be resolved within 24 hours

• Priority 2 requests – 85% of all priority 2 requests will be resolved within 72 hours

• Priority 3 requests – 85% of all priority 3 requests will be resolved within 7 - 10 days of a work order being initiated

• Priority 4 requests – will be scheduled so as to maximize materials and efficiency.

All Contractor employees shall be NIMS trained to the appropriate level for their job functions. The Contractor shall provide at minimum a four (4) person crew, please provide a copy of each person’s certifications.

3.5 Emergency Response Services

The Contractor shall provide crews available for incidents, emergencies and weather related emergencies on a twenty-four (24) hour on-call basis with a two (2) hour maximum response time for the City. Work includes emergency maintenance such as clearing a clogged stormwater pipe or structure during a weather event. This work may take place during normal work hours, evenings, holidays, and/or weekends. Crew size shall be determined by the City based on the task to be completed. The Contractor shall work within the guidelines of the City's Emergency

Response Plan in the event of a natural disaster.

3.6 Vehicle Tracking

The Contractor shall provide AVL tracking devices to all vehicles associated with this scope. The Contractor shall be responsible for the general upkeep, protection, and operation of these devices to include but not limited to the insurance of continued operation during the times the vehicle is utilized for this scope. The Contractor shall provide at a minimum AVL tracking that provides real-time data, and historical data to include but not limited to speed and idle time updated at an interval no more than thirty (30) seconds. The Contractor shall provide the director of public works or his designee, login access to this data at his discretion.

3.7 Scheduled Equipment List

The Contractor will have the equipment listed below available for use five (5) days a week and during emergency operations. The City logo shall be on all ride vehicles.

1 - 75 HP rubber tire backhoe or equivalent

1 vacuum truck

1 Ford F250 or equivalent

2 Stihl quick cut saws (chop saws) or equivalent with fuel

1 plate or jumping jack tamp with fuel for compaction

(As Required) Gloves, earphones, eye protection, logoed safety vests, safety boots, hard hats, rain suits, or other safety Equipment required by law.

Required shovels, picks, lutes, rakes, brooms, and other tools as needed.

Reflective portable safety signs of the non-permanent type (MUTCD compliant)

Reflective safety cones and traffic barrels (MUTCD compliant)

An appropriate assortment of barricades and traffic delineators (MUTCD compliant)

Cell phones or units with similar wireless capability to adequately communicate with the crew(s)

1 Commercial grade chainsaw with appropriate personal protective equipment for pond vegetation cutting

1 Commercial grade power blower

1 Push mower

Equipment required for pond vegetation cutting and removal

1 Arrow board (MUTCD compliant)

1 pole camera (Enviro-sight or equivalent)

1 additional pickup truck

Parking, labor, material and equipment staging area

30 yard roll off and debris dumping transfer facility

All motor vehicles and mobile machinery shall be equipped with the appropriate strobe lights and warning placards, and all equipment shall be maintained to a clean and professional standard, reflecting the City's high standards.

3.8 Project Manager for the City

The Contractor will report to the designated Public Works Project Manager for the City (“CPM”). The CPM will be a representative of the City on the Project and will be the Contractor’s point of contact for all communications with the City and its consultants. The CPM shall have authority to act on behalf of the City as defined in the Contractor’s contract with the City, including matters relating to performance of contract requirements, timely performance, changes to the work, and quality of the work. The Contractor

3.9 No Limit to Competition

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

SECTION 4: RESPONDENT QUALIFICATIONS

4.1 City’s Right to Investigate

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

The City reserves the right to use any information or additional references deemed necessary to establish the ability of the Respondent to perform the requirements of this procurement.

4.2 Preparing Response

Responses are limited to thirty (30) pages or less using a minimum of an 11-point font. The transmittal letter will not count as part of the page limit. Any exhibits, affidavits, or other enclosure information called for may be included in an appendix and will not count toward the page limit. Submittals that include qualifications of more than one firm shall not exceed the page limits. Such submittals shall be prepared with careful consideration to the limit. Each

Response shall be prepared simply and economically, to provide a straightforward and concise delineation of

Respondent’s capabilities. Fancy colored displays, and promotional materials are not desired. Emphasis must be on completeness, relevance, and clarity of content. To expedite the review of submittals, it is essential that

Respondents follow the format and instructions outlined below. The content of all Responses must be categorized and numbered as outlined below, and responsive to all requested information.

4.3 Response Submittal

The Respondent shall submit the following information as its Response:

4.3.1 Description and Resources of Respondent Firm

A. Provide basic information: Firm name, address, name of primary contact, telephone number, fax number, e-mail address, and company website (if available). If the firm has multiple offices, the qualification statement shall include information about the parent company and branch office separately. Identify office from which Project will be managed and this office’s proximity to the

Project site. Provide form of ownership, including state of residency or incorporation, and number of years in business. Is the Respondent a sole proprietor, partnership, corporation, limited liability corporation (LLC), joint venture, or other structure. For joint venture entities that have not undertaken at least two (2) projects together, each firm should submit its qualifications separately. Joint submittals are subject to the same submittal page limit.

B. Briefly describe the history and growth of Respondent firm(s). Provide general information about the firm's personnel resources, including disciplines and numbers and classifications of employees, and locations and staffing of offices.

C. List the firm’s annual average revenue for the past five (5) years, provide the firm’s current ratio

(current assets/current liabilities) and supply main financial and banking references. (If the parent company’s financial resources are not available to the office that will perform the contract, only the financials of the office with the prospect of a contract with the City should be provided).

D. Has the firm been involved in any litigation in the past five (5) years? Describe the firm’s experience with litigation with owners, subcontractors and/or architects. List any active or pending litigation and explain. List any claims against Respondent firm or against owners where your firm is named.

E. Has the firm or member thereof ever been removed from a contract or failed to complete a contract as assigned? Has the firm ever refused to sign a contract at the original bid amount submitted?

F. The Respondent firm MUST have all the necessary, valid and current licenses to do business in the

State of Georgia as issued by the respective state boards and government agencies responsible for regulating and licensing the services to be provided and performed. Applicable copies should be attached.

4.3.2 Experience and Qualifications

A. Provide professional qualifications and description of experience for proposed Project team including, at a minimum, the following: Superintendent, Project Manager and Project Director.

Firm’s Superintendent, Project Manager and Project Director shall have at least five (5) years’ experience on projects of similar scope and complexity as the Project described in this RFQC. (At this stage, firms may list more than one person qualified and available for the Project Manager

Position).

B. Describe no more than five (5) and no fewer than three (3) projects, in order of most relevant to least relevant, which demonstrate the firm's capabilities to perform the Project described in this

RFQC. The firm shall have at least five (5) years’ experience on projects of similar scope and complexity as this Project. For each project, the following project information shall be provided:

Project name, location, dates during which services were performed, and photograph of project.

Brief description of project and physical description including delivery method, site area, environmental issues, traffic impediments, etc.

Project owner’s contact name, phone number and e-mail address.

Provide any written letters of reference/recommendation about the firm’s performance on the reference project, including statements addressing the level of service and the quality of the construction

List the names and roles of proposed team members identified in 4.3.2A above, if any, who participated in these projects.

Maintenance Work performed in the last five (5) years with a total project cost over

$500,000.00.

C. The Contractor shall conduct background checks, ensure driver’s license, perform drug testing and provide flagger training, and all other OSHA required training for staff. The Contractor shall provide documentation of staff requirements upon request.

4.3.3 Statement of Suitability for this Project: Provide a statement or specific information that may serve to differentiate the firm from other firms in suitability for the Project. Suitability may include, but is not limited to, the firm’s fit to the Project and/or needs of the City, any special or unique qualifications for the Project, current and projected workloads, the proximity of office to Project location, and any techniques or methodologies offered by the firm that may be particularly suitable for this Project type.

SECTION 5: EVALUATIONS

5.1 Initial Review

All Responses received will be reviewed by the Procurement Manager to ensure that all administrative requirements of the RFQC have been met, such as all documents requiring a signature have been signed and submitted. Failure to meet these requirements may be cause for rejection. All Responses that meet the administrative requirements will be turned over to an evaluation committee selected by City management (“Evaluation Committee”) for further evaluation.

5.2 Two-Phase Procurement

Responses will be evaluated on a pass/fail basis by the City and its authorized representatives. After initial review described above, the City will evaluate the Responses including without limitation, experience, references, and other data and information relating to Respondents’ qualifications. The City will determine which Respondents meet the criteria stated in the RFQC and will determine which Respondents will be invited to submit a bid in the second phase of this procurement.

SECTION 6: TERMS AND CONDITIONS

Additional terms and conditions for this procurement are set forth below. Respondents should notify the City of any terms and conditions that either preclude them from responding to the RFQC or add unnecessary cost. This notification must be made by the deadline for receipt of written/e-mailed questions or with the Respondent’s Response. Any requests for material, substantive, important exceptions to the standard terms and conditions will be addressed by formal written addendum issued by the Procurement Manager.

6.1 Additional Contract Provisions and Terms

This RFQC, including all RFQC documents and any addenda, the Response and associated bid, including any amendments, any clarification question responses, shall be included by reference as part of the contract upon award. In the event of a dispute as to the duties and responsibilities of the parties under the contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract.

6.2 Performance Prior to Contract Execution

The Contractor shall not begin performance of the Project prior to the execution of a formal written contract by the

City and the Respondent. Any Respondent beginning performance prior to the execution of the contract shall be deemed to be proceeding at the Respondent's risk, and shall not be entitled to any compensation for such performance. In addition, the City reserves the right to withdraw or cancel the contract award.

6.3 Contract Term

The contract term under this procurement shall be for one (1) year with the option to renew for an additional four

(4) years, in accordance with the requirements of the contract. Services under the contract will commence on July 1, 2022.

6.4 Contract Termination

The City may terminate, by written notice to the Contractor, any resulting contract without cause. The City must give notice of termination to the Respondent at least thirty (30) days prior to the effective date of termination.

6.5 Subcontractors

The Contractor will be the prime contractor, if a contract is awarded, and shall be responsible, in total, for all work of any subcontractors. All subcontractors, if any, must be listed in the Response. The City reserves the right to approve all subcontractors. The Contractor shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract award derived from this RFQC shall create any contractual relationships between any subcontractor and the City.

6.6 General Insurance Requirements

Within (10) days of notice of contract award, and at all times that a contract is in force, the Contractor shall obtain, maintain and furnish the City certificates of insurance from licensed companies doing business in the State of

Georgia with an A.M. Best Rating A-10 or higher and acceptable to the City covering:

A. Workers’ Compensation and Employer’s Liability Insurance. Workers’ Compensation Insurance in compliance with the applicable Workers’ Compensation Act(s) of the state(s) wherein the work is to be performed or where jurisdiction could apply in amounts required by statutes. Employer’s Liability

Insurance, with limits of liability of not less than $3,000,000 per accident for bodily injury or disease.

B. Commercial General Liability Insurance, including contractual liability insurance, product and completed operations, personal and advertising injury, and any other type of liability for which the contract applies with limits of liability of not less than $1,000,000 each occurrence / $3,000,000 policy aggregate for personal injury, bodily injury, and property damage. Commercial General Liability Insurance shall be written on an “occurrence” form.

C. Automobile Liability Insurance with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage if automobiles are to be used in the delivery of or in the completion of services and work or driven onto the City’s property. Insurance shall include all owned, non-owned and hired vehicle liability.

D. Umbrella Insurance with limits of liability excess of Employer’s Liability Insurance, Commercial General

Liability Insurance and Automobile Liability Insurance in the amount of not less than $3,000,000.

E. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits not less than $1,000,000 per occurrence or claim, and

$2,000,000 policy aggregate.

F. Professional (Errors and Omissions) Insurance for Professional Services and for all Design/Build Projects with limits of liability of not less than $3,000,000 per occurrence or claim / $3,000,000 policy aggregate.

Such policy shall also include coverage for losses arising from the breach of information security or cyber liability (including Errors and Omissions, Security and Privacy Liability and Media Liability), whether combined with the Professional Liability policy or placed as a separate policy, but carrying the same limits of liability. Such coverage shall insure damage, injury and loss caused by error, omission or negligent acts, including all prior acts without limitation, related to the professional services to be provided under the contract. The policy shall be amended to include independent contractors providing professional services on behalf of or at the direction of the contractor. The definition of Contractual Liability shall be amended to state that liability under a contract of professional services is covered. Further, coverage shall be afforded for fraudulent acts, misappropriation of trade secrets, internet professional services, computer attacks, personal injury, regulatory actions, wrongful acts, contractual liability, privacy policy, and insured versus insured. The Contractor shall ensure that coverage under this policy continues for a period of thirty-six (36) months after completion of services.

All such insurance shall remain in effect until final payment is made and the Project is accepted by the City. If the

Contractor receives notice of non-renewal or material adverse change of any of the required coverages, it shall promptly advise the City in writing.

Failure of the Contractor to promptly notify the City on non-renewal or material adverse change of any of the required coverages terminates the contract as of the date that the contractor should have given notification to the

City. The insurance policies shall contain or be endorsed to contain, the following provisions:

A. A provision that coverage afforded under such policies shall not expire, be canceled or altered without at least thirty (30) days prior written notice to the City.

B. Workers’ Compensation and Employer’s Liability and Property insurance policies shall contain a waiver of subrogation in favor of the City and the City’s boards, officials, directors, officers, employees, representatives, agents, and volunteers.

C. Commercial General Liability, Automobile Liability Contractors’ Pollution Legal Liability and/or Asbestos

Legal Liability and/or Errors and Omissions (if Project involves environmental hazards) insurance policies shall include an endorsement making the City and the City’s boards, officials, directors, officers, employees, representatives, agents, and volunteers Additional Insureds under such policies.

A copy of these endorsements shall be provided to the City.

Certificates of Insurance showing that such coverage is in force shall be filed under the contract by the Contractor to the City.

The obligations for the Contractor to procure and maintain insurance shall not be construed to waive or restrict other obligations and it is understood that insurance in no way limits liability of the contractor whether or not same is covered by insurance.

6.7 Compliance with Workers’ Compensation Act

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

6.8 Compliance with Illegal Immigration Reform and Enforcement Act

E-Verify Program: The City is committed to compliance with federal and state laws requiring the verification of newly hired employees to ensure they are lawfully entitled to work in the United States. As such, the City shall not enter into a contract for the physical performance of services unless the contractor registers and participates in a federal work authorization program (“E-Verify”). A Respondent shall include a fully executed E-Verify affidavit as part of its Response (see Exhibit B).

A. Requirement…