RFQC 23-042 Veterans Park

02001243-2

REQUEST FOR STATEMENTS OF QUALIFICATION FROM

QUALIFIED CONSTRUCTION MANAGERS

RFQC #23-042

CONSTRUCTION MANAGER AT RISK

VETERANS PARK PROJECT (THE “PROJECT”)

RESPONSE DUE DATE: November 22, 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/opportunities/77923

A response submitted (“Response” or “SOQ”) 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.

The pre-submittal conference for this Request for Qualifications (“RFQC”) will be on November 9, 2022 at 10:00 AM via zoom.

Join Zoom Meeting https://us06web.zoom.us/j/88640208290?pwd=bTZsTXhzajNPUklURGM5VW4zaGFLZz09

Meeting ID: 886 4020 8290

Passcode: 031278

Questions should be directed in writing to Charise Glass, City of Sandy Springs Purchasing Manager 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 November 15, 2022.

Information concerning this solicitation may be found electronically at:

The Bonfire website will contain this RFQC, any addenda, clarifications, schedule changes and other important information regarding the solicitation. Construction managers 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.

https://sandysprings.bonfirehub.com/opportunities/77923 mailto:Support@GoBonfire.com http://bonfirehub.zendesk.com/hc https://us06web.zoom.us/j/88640208290?pwd=bTZsTXhzajNPUklURGM5VW4zaGFLZz09 mailto:purchasing@sandyspringsga.gov

Table of Contents

QUALIFICATIONS LETTER AND CERTIFICATION

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:

➢ DEADLINE FOR RECEIPT OF SEALED QUALIFICATIONS:

1.4.4 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: 11

2.3.6 CONTRACT AWARD:

2.4. CITY’S RIGHTS RESERVED

SECTION 3: SCOPE OF PROJECT/SPECIFICATIONS

3.1 CITY’S INTENT

3.2 CONSTRUCTION PROJECT MANAGER FOR THE CITY

3.3 NO LIMIT TO COMPETITION

SECTION 4: RESPONDENT QUALIFICATIONS

4.1 CITY’S RIGHT TO INVESTIGATE

4.2 PREPARING RESPONSE

4.2 RESPONSE SUBMITTAL

SECTION 5: EVALUATIONS

5.1 INITIAL REVIEW

5.2 EVALUATION COMMITTEE

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

E-VERIFY PROGRAM:

6.10 COMPLIANCE WITH LAWS

6.11 DRUG-FREE WORKPLACE

6.11.1 CERTIFICATION:

6.11.2 PENALTIES:

6.12 SUBSTITUTIONS AND CHANGE ORDERS

6.13 INVOICING AND PAYMENT

6.14 DELIVERIES

EXHIBIT A – CORPORATE CERTIFICATE FORM

EXHIBIT B – CERTIFICATION OF CONTRACTOR GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT... 27

EXHIBIT C – CERTIFICATION OF CONSULTANT DRUG FREE WORKPLACE

EXHIBIT D – AFFIVAVIT VERIFYING STATUS FOR CITY PUBLIC BENEFIT APPLICATION

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

EXHIBIT F – INSURANCE REQUIREMENTS

EXHIBIT G – NOTICE TO CONTRACTORS COMPLIANCE WITH TITLE VI OF CIVIL RIGHTS ACT OF 1964

QUALIFICATIONS LETTER AND CERTIFICATION

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

OF YOUR STATEMENT OF QUALIFICATIONS.)

We propose to furnish and deliver all of the deliverables and services named in the attached RFQC 23-042 Construction

Manger at Risk Veterans Park Project for the City of Sandy Springs (“City”).

It is understood and agreed that this 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 we have 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 our written signature on this Response, we guarantee and certify that all items included in this statement meet or exceed any and all such City specifications described in this RFQC. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all Responses, waive technicalities, and informalities, and to make an award in the best interest of the City.

CERTIFICATION

I certify 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. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the RFQC and certify that I am authorized to sign this Response for the Respondent. I further certify that the provisions of O.C.G.A. § 45-10-20, et seq.

have not been violated and will not be violated in any respect.

Authorized Signature for Respondent:

Date:

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

Print/Type Respondent Name Here:

RESPONDENT’S RFQC CHECKLIST

9 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 Purchasing 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 your 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 ........................................................................................................... October 26, 2022

Pre-Qualification Conference……………………………………………………………….November 9, 2022 (10:00 AM)

Deadline for Receipt of Written Questions ............................................. November 15, 2022 (5:00 PM)

Deadline for Posting Written Answers to City’s Website ........................................ November 17, 2022

Response Due Date ................................................................................. November 22, 2022 (2:00 PM)

Interview (if Required)……………………………………………………………………………………………...December 7, 2022

Anticipated Award Date ................................................................................................ December 2022

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

(This proposed schedule of events is informational and is subject to change at the discretion of the City.)

SECTION 1: RFQC INSTRUCTIONS

1.1 Single Point of Contact

From the date this Request for Qualifications (the “RFQC”) is issued until a qualified construction manager is selected, Respondents are not allowed to communicate with any staff (other than designee below) 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: Charise Glass 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, and terms/conditions and promptly notify the Purchasing Manager, identified above, in writing or via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, 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. The addendum will be posted on the Bonfire website alongside the posting of the RFQC at https://sandysprings.bonfirehub.com/opportunities/77923 The Addenda will become part of the procurement documents and subsequent contract. Respondents must sign and return any addendum with their Response. Failure to respond in accordance with an addendum may be cause for rejection. In unusual circumstances, the City may postpone an opening in order to notify vendors and to give Respondents sufficient time to respond to the 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 Purchasing Manager referenced above or in Bonfire on or before November 15, 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.

1.2.3 The City’s Answers: The City will provide, no later than November 17, 2022, an official written answer to all questions received within the period stipulated under Section 1.2.3. The City of Sandy Spring’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 of Sandy Springs. 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/77923 by the close of business on the date listed.

Respondents must sign and return any addendum with their RFQC response.

mailto:purchasing@sandyspringsga.gov

1.3 Pre-Submittal Conference

The pre-submittal conference for this Request for Qualifications (“RFQC”) will be on November 9, 2022 at 10:00

AM via zoom.

Join Zoom Meeting https://us06web.zoom.us/j/88640208290?pwd=bTZsTXhzajNPUklURGM5VW4zaGFLZz09

Meeting ID: 886 4020 8290

Passcode: 031278

1.4 Submitting a Sealed Response

1.4.1 Organization of Response: Each Response shall be prepared simply and economically, providing straight-forward, concise delineation of the Respondent’s capabilities to satisfy the requirements of this RFQC. To expedite the evaluation of SOQs, it is essential that Respondents follow the format and instructions contained herein.

Respondent shall place the following information on the outside cover of the SOQ submittal.

Request for Qualified Contractor #23-042 RFQC Closing Date: November 22, 2022

RFQC Closing Time: 2:00PM Name and Contact Representative of Firm

Respondents shall organize their SOQs 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 SOQ.

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. Standard Forms – Respondent’s authorized representative(s) shall complete the standard forms attached (Exhibits A through E) to the contract upon award.

E. Addenda – if any addenda have been issued, complete, sign and return the Addendum Acknowledgement (for each addenda issued) with bid.

1.4.2 Failure to Comply with Instructions: The City may choose not to evaluate, may deem 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.

https://us06web.zoom.us/j/88640208290?pwd=bTZsTXhzajNPUklURGM5VW4zaGFLZz09

1.4.3 Responses:

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 November 22,2022. Technical and Cost Responses shall be submitted separately through Bonfire at:

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 risk 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 Purchasing Manager requesting to withdraw. The letter must be on company letterhead and signed by an individual authorized to legally bind the firm.

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 firm. 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 120 Days: Except in rare cases as described in Section 1.4.5, a Response may not be corrected, withdrawn, or canceled by the Respondent for a 120-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 the 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 the City 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, unless prior written consent has been given by the Respondent; and (4) other information subject to Constitutional protections.

2.2.2 Review of Responses: Upon opening the sealed Responses, the Purchasing 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 trade secret claim is attached to each Response containing trade secrets.

Information separated out under this process will be available for review only by the Purchasing 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 Purchasing Manager will determine whether an 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 non-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 contract award, the City may initiate discussions with one or more Respondents should clarification or negotiation be necessary.

Respondents may also be required to make an oral presentation and/or product demonstration to clarify or further define their Responses. In either case, Respondents should be prepared to send qualified personnel to the City to discuss technical and contractual aspects of the Response. Oral presentations and product demonstrations, if requested, shall be at the Respondent’s expense.

2.3.6 Contract Award: Award, if any, shall be made by City Council upon recommendation of the City Manager, to the Respondent that presents a Response in the best interest of the City and otherwise meets all requirements of the City for successful completion of the Project, as determined by the City.

2.4. City’s Rights Reserved

While the City has every intention to make an award as a result of this procurement, issuance of the RFQC in no way constitutes a commitment by the City to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to:

• Cancel or terminate this 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 any 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 the City’s 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 City’s Intent

PURPOSE

This is a qualification-based procurement process. The purpose of this RFQC is to seek Statements of Qualifications from highly qualified contractors to provide all personnel, materials, equipment, labor and services necessary to perform Construction Management at Risk (“CM at Risk”) services for the Veterans Park Project, as more fully described in Section 3 of this RFQC. Firms submitting Responses shall follow the process described herein. The City intends to enter into a contract with the successful Respondent to complete the Project in accordance with the terms, conditions, and specifications contained in this RFQC.

PROJECT SCOPE

Veterans Memorial Park will be constructed on an approximately one-acre site located at the intersections of Roswell Road (SR-9), Mount Vernon Highway, and Johnson Ferry Road in the City of Sandy Springs, Georgia. The park is located directly across Roswell Road from City Springs and will serve two purposes; first as a memorial to all the veterans who have served this country; and second, as a gateway welcoming all to City Springs – the heart of downtown Sandy Springs.

The park will feature a large fountain along Roswell Road, mirroring the existing Performing Arts Center fountain on the west side of the road. It will also contain a large central plaza space, an oval memorial garden, and a flag court.

The memorial garden will include a granite monument to each service. Each monument will include a bronze plaque with the individual service’s insignia on the top face and the service line name engraved in the face of the monument. The park will include pedestrian lighting for the walkways and specialty lighting for each of the monuments. A series of pre-cast clad walls will surround the fountain while a series of stone veneer walls will enclose the balance of the park. The park will be landscaped with shade trees, ornamental shrubs, and grasses. Site furnishings (benches, trash receptacles, etc.) will also be provided within the park.

There will be a signature piece of sculpture commissioned by the City and Art Sandy Springs for eventual placement within the park. The exact location and size of that piece remains to be determined. The schedule for the delivery and installation of the art piece is also not yet known.

Note that the park must be completed by October 1, 2023 to enable a formal ribbon-cutting to be held on November 11, 2023 – Veterans Day. Liquidated damages will apply if that deadline is not met.

Note also that Sandy Springs’ adjacent TSPLOST – 191 project (improvements to both Johnson Ferry Road and Mount Vernon Highway, from Roswell Road to the east) will be under construction beginning in June or July 2023.

That project will begin with construction east of the Library and any related roadway work immediately adjacent to the park is not expected to commence until after November 15, 2023. Georgia Power will also be installing underground ductbank and cabinets in the area just South and East of the limits of disturbance. Coordination with Georgia Power will be required.

Major Veterans Park Components

The following elements will be required for the construction of the park:

• Limited Demolition – saw cutting of perimeter pavement, partial removal of the existing wood fence, etc.

• Earthwork – clear and grub the sod, strip and stockpile topsoil, import, place and compact required fill, etc.

• Utility Infrastructure – provide area drains, green infrastructure, stormwater connections, potable water and sanitary sewer connections,

• Concrete Curb & Gutter – constructed primarily along Roswell Road (SR-9) frontage,

• Wall Construction – Fountain pool walls and site retaining and seat walls,

• Fountain – Pools, waterproofing, tile work, precast veneer and wall caps, jets, lights, plumbing, sanitation and filtration systems, electrical work, vault installation, etc.

• Hardscape Improvements – Concrete walks, colored concrete bands, brick pavers, concrete unit pavers, bluestone paving, radius cut granite curb, site furnishings, etc.

• Granite Monuments – engraved lettering with bronze plaques & insignia,

• Landscape – Trees, shrubs, groundcover, grasses, topsoil, amendments, & mulch

• Irrigation System Required – To be provided as a design-build item by contractor

• Electrical Infrastructure, Site & Memorial Lighting – Provide electrical service to the fountain vault, pedestrian lights, specialty lights, and other electrical site requirements,

• Flag Court – Install three 35’-40’ flag poles with up lights.

Specialty Subcontractors will be required for two trades on this project: fountain construction and landscape / hardscape construction.

Please note: This will be an open-book contract with all estimates, subcontractor/vendor quotes, subcontracts, purchase orders, and financial reporting available to the City at all times.

The City has elected to utilize CM at Risk delivery method for the Project and desires for the selection process to take place in a manner that allows for the Construction Manager (“CM”) to join other members of the Project team as early in the design process as possible. The intent is to foster a team approach for the design, estimating, permitting and construction phases of the Project. Barge Design, Inc., the City’s architect (“A/E”) will provide the programming, design work, and contract administration associated with the Project. The goal is to leverage the knowledge and expertise of all team members to provide the City with the best possible results by delivering the Project on schedule and within budget.

COLLABORATIVE APPROACH

The Project will be completed by using a collaborative approach. The City will administer the Project internally and will contract directly with both the A/E and CM.

The CM will function as a professional consultant during the early design phases, and provide advice on constructability, schedule, cost, category three/four cost analysis, value management, logistics, and any other areas in which construction expertise is valuable. Before the completion of construction documents, the CM will provide a guaranteed maximum price (“GMP”) for the Project based upon drawings and descriptive specifications prepared by the A/E. This GMP will be incorporated by change order into the CM at Risk contract.. If recommended by the CM and approved by the City, early construction packages (or early release of materials) will be bid and administered by the CM. The CM has the responsibility of ensuring that all construction, whether in separate early packages or not, is provided within the GMP.

The basis of the CM at Risk contract will be reimbursement of actual costs, with a fixed fee and a not to exceed GMP.

SCHEDULE

The overall detailed Project schedule, including phasing, is yet to be determined; however, it is the City’s desire to substantially complete the Project by October 1, 2023 with final completion on October 30th, 2023. As mentioned above, it is the intent to bring the CM on early in the design process to maximize value management, cost analysis, schedule and constructability input from the selected CM and to work closely with the other members of the Project team.

BONDING CAPACITY

Based on the anticipated scope of the Project, Respondents must demonstrate a minimum bonding capacity of $10 million per project

3.2 Construction Project Manager for the City

The successful Respondent will report to the Construction Project Manager for the City (“CPM”). The CPM will be a representative of the City on the Project and will be the successful Respondent’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 CM at Risk contract with the City, including matters relating to performance of contract requirements, timely performance, changes to the work, and quality of the work. The successful Respondent agrees to take direction from the CPM, and to make all Project documentation available upon request.

3.3 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 Respondents are to submit a Response. These requirements and other specifications are not designed to prevent any Respondent 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 resumes, exhibits, affidavits, or other enclosure information called for may be included in an appendix and will not count toward the page limit. Responses that include qualifications of more than one firm shall not exceed the page limits. Such Responses 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.

4.2 Response Submittal

The Respondent shall submit the following information as its Technical Response:

A: General Qualifications

1. Company Overview

a) Proposing company’s name and primary contact for the Response.

b) Address of company’s headquarters and, if applicable, the address of the local branch.

c) Office designated for the Project, and distance to the Project.

d) Indicate number of years in business under the name stated above. Describe company ownership structure and provide a brief company history.

e) Organizational chart of the company showing authority, structure, and depth of resources.

f) List number of permanent employees. If a branch office will be utilized, further indicate the employee breakdown by professional discipline for that office and an organization chart for that office.

g) Describe significant company changes that are anticipated to occur over the duration of the Project.

h) Provide a list of current on-going projects (including preconstruction and construction).

2. Financial / Legal Information

a) List company’s total annual billings for the past five (5) years.

b) Provide a copy of your company’s latest financial statement and the name/phone of company’s primary banker.

c) Provide the name of company’s bonding company and name/phone of the local agent.

d) Provide a letter from the surety indicating company’s current bonding capacity and the surety’s willingness to bond the work under consideration. Indicate the A.M. Best rating for company’s surety and its status to do business in Georgia.

e) Has the company ever defaulted on a contract? If so, explain.

f) Has the company been involved in litigation or arbitration with an owner in the last five (5) years? If so, describe each instance giving specific detail regarding the reasons for the claim and amount in dispute.

Explain how the claim was resolved.

B: Relevant Experience

1. Distinguish the company by describing its local office’s current, and relevant experience with project components described within this RFQC, similar projects and the year each project was completed. Identify each project as to whether it was constructed by this office or performed by other out-of-state offices.

2. Provide a description of the company’s (local office’s) five (5) most relevant projects currently underway or completed within the last five (5) years. Include name of project, location, construction value, schedule, completion date, owner (with name and current phone number of contact), architect (with name and phone number of contact), and the names of project team members involved. Identify each project as to whether it was constructed by this office or performed by other out-of-state offices.

3. Describe the company’s approach to utilizing technology in construction and what technologies you intend to incorporate into the Project.

4. Describe the company’s understanding of the open book contracting approach.

5. Provide resumes of your proposed main Project team members, including: proximity to the Project, similar project experience, years with the firm, years in this position, project references, projects constructed together.

(Do not provide resumes of individuals that will not be involved day to day in the Project or those who will not be on-site).

C: Statement of Suitability for the Project

• C1. 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 unique aspects of the Project.

D. Cost Proposal Requirements.

• D1. The Cost Proposal will be evaluated for technically qualified Offerors after Technical Proposals are evaluated. The Cost Proposal shall be submitted separately through Bonfire. The Cost Proposal should contain the following information:

1. Proposed Fee and General Conditions. Indicate Offeror’s proposed fee and general conditions for the services shown below. These fee/costs encompass all fees and costs to be contracted upon for the Project.

a) Preconstruction: Included within the general conditions costs. Preconstruction activities will include schematic budget, design development budget, and final GMP estimates. Also included within the preconstruction cost will be all value engineering efforts. The preconstruction phase will also include CM proposing alternative methods and products that will match the project schedule.

b) General Conditions Cost: Please state as a total dollar amount Offeror’s general conditions cost for the Project. This Project is open book, so all general conditions cost shall be included within this Proposal. General conditions costs shall include all preconstruction costs, home office overhead costs, jobsite supervision, vehicle costs, trailers, jobsite utilities and temporary power for the building, small tools, safety costs, site administration costs, accounting costs, phones, computer and software, dumpsters, daily and final clean-up, signage, security, temporary fencing and screening and barricades, scheduling, temporary facilities, as-builts, NPDES monitoring, hoisting, survey and layout, general liability insurance and builders risk insurance (based upon $10M construction cost).

Utility impact fees and tap fees shall be considered cost of work items. Material testing services are by Owner.

General Conditions Fee stated as a lump sum: _________________________________________.

c) Project Construction Fee: Please state as a percentage Offeror’s construction fee.

Construction Fee stated as a percentage of direct costs and general conditions cost:

d) Bond Cost: Please state Offeror’s payment and performance bond cost as a lump sum (based upon $10M construction cost).

SECTION 5: EVALUATIONS

5.1 Initial Review

All Responses received will be reviewed by the Purchasing 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 the City (“Evaluation Committee”) for further evaluation.

5.2 Evaluation Committee

Responses will be evaluated by the Evaluation Committee composed of City staff and other key stakeholders deemed appropriate by the City. The City does not disclose the names of the Evaluation Committee members, their roles within the Project or the size of the Evaluation Committee. After the initial review described above, the Evaluation Committee will evaluate the Responses including without limitation, experience, references, and other data and information relating to Respondents’ qualifications. The criteria used to evaluate Technical Responses will include, but are not limited to, the following:

1. Capability to bond a project and a bid or proposal in the minimum amount of $10 million per project

2. Respondent’s approach to pre-construction services and techniques

3. Respondent’s and proposed Project teams demonstrated ability to deliver complex renovation projects on time and on budget

4. Financial strength and stability of Respondent

5. Experience of the Respondent with construction manager at risk / guaranteed maximum price contacts

6. Experience of the Respondent and proposed Project team with projects similar in scope and size to the

Project

7. Experience of the Respondent and proposed Project team with public clients

8. Respondent’s reputation and owner references

9. Litigation, arbitration, and contract default history of Respondent

Technical Proposal Evaluation

Technical Proposals will be scored and ranked based upon how well the Offeror demonstrates its knowledge and understanding of the following evaluation criteria, which will be used to evaluate Technical Proposals:

No. Evaluation Criteria

Description Score

1 Qualifications Include complete general and financial information needed to demonstrate the capability execute the Project 30

Relevant Experience

Include relevant references and team experience

3 Capabilities Describe the Project approach, unique qualities, and methodologies to demonstrate Suitability. 30

As part of the Technical Proposal evaluation, the City will contact some or all of the references listed by the Offeror in its Technical Proposal. The City may also obtain data independently from other governmental and commercial sources, at its sole discretion. The purpose of this evaluation is to allow the City to assess the Offeror’s ability to perform the effort described in this RFQC based on the Offeror’s demonstrated past performance.

Cost Proposal Evaluation

Cost Proposals will be evaluated separately from Technical Proposals. The City reserves the right to negotiate with one

(1) or more Offerors should the City deem it is in its best interest to negotiate. To facilitate negotiations, the City reserves the right to revise and/or alter the Project scope. The City reserves the right to suspend negotiations with one

(1) Offeror and to enter into negotiations with another Offeror.

Submission of a Proposal indicates the Offeror’s acceptance of the described evaluation methodology and the Offeror’s recognition that some subjective judgments must be made by the City.

Cost, while considered, will not be the sole, determining factor in making a Contract award.

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 Purchasing Manager.

6.1 Additional Contract Provisions and Terms

This RFQC, including all RFQC documents and any addenda, the Respondent’s 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 successful Respondent 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 the duration of the Project until completion upon written approval of the City and successful Respondent, in accordance with the requirements of the contract.

6.4 Contract Termination

The City may terminate, by written notice to the Respondent, any resulting contract without cause. The City must give notice of termination to the Respondent at least fourteen (14) days prior to the effective date of termination.

6.5 Subcontractors

The lowest responsive and responsible Respondent 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 CM 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 CM. 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 the (10) days of notice of contract award, and at all times that a contract is in force, the CM 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 $1,000,000 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 $2,000,000 each occurrence / $2,000,000 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 $5,000,000.

E. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits not less than $3,000,000 per occurrence or claim, and $3,000,000 policy aggregate. Insurance policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors’ Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

F. Professional (Errors and Omissions) Insurance for Professional Services provided in role as CM 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 CM. 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.