ON-CALL STORM PIPE CLEANING

CITY OF ALPHARETTA REQUEST FOR PROPOSALS (RFP)
RFP Number: 26-117
RFP Title: ON-CALL STORM PIPE CLEANING
INFORMATION AND CONTRACT TERMS & CONDITIONS
RFP Information
1. Offeror Acknowledgement
By submitting a Proposal for this request, the authorized signer and represented firm acknowledge
and confirm that they have read, understand, and agree to information within this RFP's documents
including all required and informational documents, files, and forms posted to the Bonfire project
webpage for this RFP. These documents make up the RFP. They will become part of any contract that
may be awarded because of responses to this RFP.
By sending a Proposal, the Offeror acknowledges and agrees that:
a. The Offeror has carefully examined and fully understands the terms, conditions, and
requirements of any proposed Work as noted within this RFP.
b. The Offeror acknowledges that they completed a personal examination of the site of the
proposed work (if applicable).
c. The Offeror is satisfied with the actual conditions and requirements of the proposed Work.
d. The Offeror acknowledges that they can complete the Work as noted in this RFP.
e. In compliance with Scope of Work/Specifications, by submitting a cost proposal in response
to the request, the Offeror agrees that if this proposal is accepted by the City Council within
one hundred twenty (120) days of the date of RFP Response Due Date, that the Offeror will
furnish any or all of the deliverables upon which prices are quoted, at the price set opposite
each, to the designated point(s) within the time specified.
Acknowledging these statements by the submittal of a proposal to the City, the Offeror proposes and
agrees that if the Offeror 's proposal is accepted, the Offeror will contract with the City in full agreement
with the Contract Documents.
2. City's Authority and Right to Investigate
This procurement is issued under the authority of the City of Alpharetta's Procurement Policy, also
following State of Georgia and Federal applicable laws. The City has the right to reject all proposals,
to reject any proposal that has not followed or met the City's scope of work or specifications (non-
responsive) or reject any proposal that shows that an Offeror cannot meet one or more of the
requirements (non-responsibility). The City has the right to ignore unimportant mistakes that do not
affect the work or service to be provided, the purchase of requested item(s), or proposal pricing to
award a contract that is in the best interest of the City.
The City may make such investigations as considered necessary to determine the ability of the Offeror
to provide the supplies and/or perform the services specified.
3. Receipt of Proposals and Public Inspection
a. Public Information:
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City of Alpharetta RFP 26-117, ON-CALL STORM PIPE CLEANING
RFP Information, Contract Terms & Conditions
Upon receipt of all sealed proposals, only the name of each supplier and the date and time of receipt
shall be recorded. No other information will be disclosed, nor shall the proposals be considered
open record until after council award. (O.C.G.A 50-18-72, paragraph 10) All information received
in response to this RFP, including copyrighted material, is deemed public information and will be
made available for public viewing and copying shortly after the council award with the following
five exceptions:
1. bona fide trade secrets that have been specifically identified, properly marked, separated,
and documented and to which the Offeror has attached an affidavit declaring that such
specific information constitutes a trade secret pursuant to Article 27 of Chapter 1 of Title
10 of the Official Code of Georgia Annotated, will not be disclosed; provided however, if
the City determines that such specifically identified information does not in fact constitute
a trade secret, the City will notify the Offeror of its intent to disclose such information prior
to its initial disclosure as required by law;
2. matters involving individual safety, as determined by the City, may be withheld from
disclosure;
3. any company financial information in the form of records containing tax matters or tax
information that is confidential under state or federal law, which has been requested by
the City to determine vendor responsibility, unless prior written consent has been given
by the Offeror will not be disclosed;
4. any document or record, or portion thereof, containing information exempt from
disclosure pursuant to O.C.G.A. 50-18-70, et seq., may be withheld from disclosure as
determined by the City; and
5. any other document or record, or portion thereof, mandated by law to be kept confidential,
as determined by the City.
All open records requests must be presented in writing along with specific items requested. The
Open Records Request form is available from the City's main website and requested through the
City Clerk's office.
b. Procurement Agent's Review of Proposals:
The Procurement Agent in charge of the solicitation will open and review the Proposals and
separate out any information that meets the referenced exceptions noted above, providing the
following conditions have been met:
1. Documents or records containing information that the Offeror wishes to keep confidential
must be specifically identified and clearly marked and separated from the rest of the
Proposal by the Offeror and;
2. The Proposal does not contain any such confidential material in the cost/price section; and
3. An affidavit from the Offeror specifically identifying information as a trade secret and
declaring that such information constitutes a trade secret pursuant to Article 27 of Chapter
1 of Title 10 of the Official Code of Georgia Annotated is attached to each separated
document or record in the Proposal that Offeror wishes to be kept confidential because it
contains trade secrets.
Information separated out under this process will be available for initial review only by the
Procurement Officer, Procurement Agent, and limited other designees. Offerors acknowledge that
the act of separating out such information by the Procurement Agent does not operate to exempt
such information from disclosure as a public record; rather, the disclosure of such information is
governed by O.C.G.A. 50-18-70, et seq. Offerors should be prepared to pay all legal costs and
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fees associated with defending a claim for confidentiality in the event an (open records) request is
submitted by another party, and the City determines that such information is subject to disclosure.
General Terms and Conditions
We will incorporate the City's standard terms and conditions into the Contract. Those terms and conditions
are set forth below in this document. We ask that Offerors notify the City of any Terms and Conditions
that either prevent them from responding to this procurement or add unnecessary cost. The Offeror must
make this notification in writing either as a written question sent before the question deadline or with the
Offeror's response.
1. Disclosure
Any Consultant as defined in O.C.G.A. 36-80-28 that is engaged to develop or draft
specifications/requirements or serve in a consultative role during the procurement process for any
City procurement method, by entering into such an arrangement or executing a contract that the
consultant agrees to: (1) Avoid any appearance of impropriety and must follow all policies and
procedures of the City; (2) disclose to the City any material transaction or relationship pursuant to
36-80-28, considered a conflict of interest, any involvement in litigation or other dispute,
relationship or financial interest not disclosed in the Disclosure form; and (3) Acknowledge that any
violation or threatened violation of the agreement may cause irreparable injury to the City, entitling
the City, to seek injunctive relief in addition to all other legal remedies. This requirement does not
apply to confidential economic development activities pursuant to 50-18-72 or to any development
authority for the purpose of promoting the development of trade, commerce, industry, and
employment opportunities or for other purposes and, without limiting the generality of the
foregoing, must specifically include all authorities created pursuant to Title 36 Chapter 62; However,
per provisions of subparagraph (e)(1)(B)of Code Section 36-62-5 reporting of potential conflicts of
interest by development authority board members is required.
2. Compliance with Title VI of the Civil Rights Act of 1964
The City of Alpharetta, as a federal grant recipient, conforms to Title VI of the Civil Rights Act of
1964 and its amendments. Title VI of the Civil Rights Act of 1964 requires that no person in the
United States will, on the grounds of race, color or national origin, be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any program or activity receiving
Federal financial assistance. Presidential Executive Order 12898 addresses environmental justice in
minority and low-income populations. Presidential Executive Order 13166 addresses services to
those individuals with limited English ability.
The City is committed to enforcing the provisions of Title VI and to taking positive and realistic
affirmative steps to ensure the protection of rights and opportunities for all people affected by its
programs.
Any person who believes they have been subjected to unlawful discriminatory practice under Title
VI has a right to file a formal complaint. Any such complaint must be filed in writing or in person
with the City of Alpharetta's Title VI Compliance Officer, within one hundred-eighty (180) days
following the date of the alleged discriminatory action. For more information or Title VI
Discrimination Complaint Forms contact the Title VI Compliance Officer at the following:
Human Resources: Title VI Compliance
City of Alpharetta
2 Park Plaza
Alpharetta, GA 30009
Tel: 678-297-6014
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3. Substitutions and Change Orders
NO substitutions of material, schedule cancellations, or Change Orders are allowed after Contract
award without written approval by the Director of the contracting City Department or his authorized
representative. For purchase orders $50,000.01 or greater, cumulative Change Orders more than 10%
of the original contract will require the approval of the City Council.
Where specific employees are proposed by the Contractor for the work, those employees must
perform the work if those employees work for the Contractor, either as employees or subcontractors,
unless the City agrees to a replacement or requests same based on an objective standard of review of
past performance. We will review requests for any substitution and may be approved by the City at
its sole discretion. We will not recognize any verbal agreements to the contrary. In the event a
substitution of a Contractor employee is required due to termination of employment by Contractor,
Contractor must provide the City with prompt written notice of the need for such substitution and
must cooperate with the City in providing a replacement.
4. General Insurance Requirements
Upon Council approval, the awarded Contractor shall provide the City with a Certificate of
Insurance (COI) to the procurement agent listed on the cover page for this RFP. The COI shall indicate
the existence of the policies prior to the beginning of the contract work or term. Thereafter, a renewal
certificate shall be delivered to the City at least thirty (30) days prior to the expiration date of each
expiring policy. If at any time, any of the policies shall be or become unsatisfactory to the City as to
form or substance, or any of the carries issuing such policies shall be or become unsatisfactory to the
City, the Contractor shall deliver to the City representative upon demand a certified copy of any
policy required herein for review. The Certificates of Insurance shall state that the City of Alpharetta
is additionally insured.
* Workers Compensation: Workers Compensation $500,000 per accident per employee with waiver of
subrogation. Required documentation includes certificate from insurance company showing
issuance of workmen's compensation coverage for the State of Georgia.
* Comprehensive General Liability Insurance:
Commercial General Liability $1,000,000 each occurrence
$1,000,000 aggregate
* Comprehensive Auto Liability Insurance:
Bodily Injury Liability $1,000,000 each occurrence
Property Damage Liability $100,000 each occurrence
* Excess Umbrella Liability:
Combined Single Limit Bodily Injury
and / or Property Damage $1,000,000 each occurrence
$1,000,000 aggregate
Insurance; Indemnification. The awarded Consultant must keep the types and amounts of insurance
set forth as from time to time will be requested by the City. The awarded Consultant must supply
proof of such insurance to the City at the same time as the execution of any resulting Contract and/or
purchase order, and as and when requested by the City during the term hereof. Acceptance of a
certificate or proof of insurance does not constitute approval or agreement by the City that the
insurance requirements have been satisfied. The awarded Consultant will indemnify and hold the
City harmless from all claims, demands, losses, attorneys' fees and liabilities of any type or nature
arising out of or related to the Consultant's, or Consultant's agents', employees' or subconsultants',
negligent performance or non-performance of any resulting Contract and/or purchase order,
including, but not limited to, claims for injury to person or property; provided, however, that this
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indemnification obligation will not apply to claims arising from the sole negligence of the City or its
employees. Nothing in this paragraph or any resulting Contract and/or purchase order will be
considered to constitute a waiver of the City's sovereign immunity, create rights in any third party,
or create any third-party beneficiaries.
5. Term.
The Contract is for a term of one year starting from the notice to proceed date, as further provided
for in the Contract and in accordance with O.C.G.A. 36-60-13.
The term of the Contract may be extended by the City, with the written consent of the Contractor,
for such added period as may be necessary or advantageous to the City.
6. Additional Contract Provisions and Terms
The procurement, including all documents and appendices attached hereto, referenced here and/or
incorporated here, and any addenda hereto, and the response of the awarded Consultant, including
any amendments thereto, will be incorporated into the Contract (as previously set forth, all such
documents are collectively referred to as the "Contract Documents").
The Terms and Conditions set forth here do not define the total extent of the contract language. In
the event of a conflict or dispute as to the duties and responsibilities of the City and Consultant under
any resulting Contract Documents, the Contract, will govern in accordance with the order of
precedence set forth therein.
7. Invoicing, Payment Processing
A. The City agrees to pay the Consultant in current funds for the performance of the Contract subject
to additions and deductions as provided in the Contract, and, if applicable, to make payments in
the manner and on the periodic basis agreed to by the City during the pre-construction meeting.
Upon completion of the Work or, if agreed to by the City, upon completion of certain portions
thereof, the Contractor shall submit an invoice detailing the appropriate charges as currently
allowed.
B. The City will process approved payment requests under this Project to the awarded Consultant
only. Payment to subcontractors and suppliers is the responsibility of the Consultant. The City
will not entertain any other payment arrangements.
C. Upon receipt of invoice and inspection and acceptance of the Work, the City will render payment.
All such invoices will be paid within forty-five (45) days by the City unless any items thereon are
questioned, in which event payment will be withheld pending verification of the amount claimed
and the validity of the claim. The Consultant will provide complete cooperation during any such
investigation.
8. Performance Prior to Contract Execution
The successful Consultant will not begin performance of the Project prior to the execution of a formal
written contract by the City and the successful Consultant. Any Consultant beginning performance
prior to the execution of the Contract will be proceeding at the Consultant's risk and will not be
entitled to any compensation for such performance. Under such circumstances, the City reserves the
right to withdraw or cancel the award of the procurement.
9. Subconsultants
The highest-scoring responsive and responsible Consultant will be the prime consultant if a contract
is awarded and executed and will be responsible, in total, for all work of any subconsultants. All
subconsultants, if any, must be listed in the Consultant's response to this procurement. The City
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reserves the right to approve all subconsultants. The Consultant will be responsible to the City for
the negligent acts and negligent omissions of all subconsultants or agents and of persons directly or
indirectly employed by such subconsultants, and for the acts and omissions of persons employed
directly by the Consultant. Further, nothing contained within the procurement, or otherwise in the
Contract Documents created because of any contract award derived from the procurement, will
create any contractual relationships between any subconsultant of the Consultant and the City.
10. Independent Consultant
The Consultant will always be acting as an independent consultant and not be considered or deemed
to be an agent, employee, joint venture, or partner of the City. The Consultant will have no authority
to contract for or bind City in any manner. Neither the Consultant nor its employees are employees
of the City. The Consultant will have and maintain the responsibility for and control of the rendition
of the Work (including, the services performed) under the Contract, the discipline of its employees,
and other matters incident to the performance of the Work (services, duties, and responsibilities as
described and contemplated in the Contract). The Consultant must supply the City with proof of
compliance with the Workers' Compensation Act while performing work for the City. Proof of
compliance must be received with the Consultant's response to the procurement at the address listed
on the Cover Page of the procurement.
11. Compliance with Illegal Immigration Reform and Enforcement Act
E-Verify Program:
The City of Alpharetta 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 will not enter into a contract for the physical performance of services unless
the Consultant registers and takes part in a federal work authorization program (E-Verify). Further,
Consultants submitting a Proposal for the physical performance of service must include a fully
executed E-Verify affidavit as part of their Response to the procurement.
Requirement to Participate in a Federal Work Authorization Program (E-Verify):
No Consultant will give a response for the physical performance of service unless the Consultant
takes part in a Federal Work Authorization Program and follows the requirements of O.C.G.A. 13-
10-91.
1) Per O.C.G.A. 13-10-91, the Consultant represents, warrants, acknowledges, and/or agrees
that:
a) The Consultant has registered and participates in a federal work authorization
program to verify the employment eligibility of all newly hired employees;
b) Subconsultants will not enter into any contract with the Consultant for the physical
performance of services within the State of Georgia unless such subconsultant registers
and takes part in a federal work authorization program to verify the employment
eligibility of all newly hired employees; and
c) Sub-subconsultants will not enter into any contract with a subconsultant or sub-
subconsultant for the physical performance of services within the State of Georgia
unless such sub-subconsultant registers and takes part in a federal work authorization
program to verify the employment eligibility of all newly hired employees.
2) As of the date of enactment of O.C.G.A. 13-10-91, the applicable federal work authorization
program is "E-Verify" (https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES), operated
by the United States Citizenship and Immigration Services Bureau of the United States
Department of Homeland Security. Information and instructions about E-Verify program
registration, corporate administrator registration, and designated agent registration can be
found at such website address.
Consultant, Subconsultant, and Sub-subconsultant Evidence of Compliance:
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1) The Consultant, if entering a contract with the City supplying the physical performance of
services, will follow the requirements of O.C.G.A. 13-10-91.
2) Per O.C.G.A. 13-10-91, in the event the Consultant employs or contracts with a subconsultant
in connection with a covered contract, Consultant will secure from such subconsultant
attestation of the subconsultant's compliance with O.C.G.A. 13-10-91 by the subconsultant's
execution of the subconsultant affidavit, the form of which is provided in Appendix B hereof
and keep records of such attestation for inspection by the City at any time. Such subconsultant
affidavit will become a part of the consultant/subconsultant agreement. It will be the duty of
the Awarded Consultant to submit copies of all affidavits, drivers' licenses, and/or
identification cards required pursuant to this Section, as applicable, to the City within five (5)
business days of receipt.
3) Pursuant to O.C.G.A. 13-10-91, in the event the Consultant employs or contracts with a
subconsultant that employs or contracts with any sub-subconsultant, the subconsultant will
secure from such sub-subconsultant attestation of the sub-subconsultant's compliance with
O.C.G.A. 13-10-91 by the sub-subconsultant's execution of the sub-subconsultant affidavit,
the form of which is also provided in Appendix A hereof, and maintain records of such
attestation for inspection by the City at any time. Such sub-subconsultant affidavit will become
a part of the subconsultant/sub-subconsultant agreement.
4) The Consultant must follow all other applicable requirements and provisions of O.C.G.A. 13-
10-91 and other applicable rules and regulations issued in relation thereto.
5) All portions of contracts about compliance with O.C.G.A. 13-10-91 and all other applicable
rules and regulations issued in relation thereto, and any affidavit related hereto, will be open
for public inspection in this State at reasonable times during normal business hours.
6) Forms necessary to ensure compliance with this section are included in Required Forms and
must be received at the address listed on the procurement's Cover Page prior to review of
Consultant's response.
12. Compliance with Laws
The Consultant will, in performance of work under the Contract, fully follow all applicable federal,
state, or local laws, rules, and regulations, including, but not limited to, Title VI of the Civil Rights
Act of 1964 and its amendments, the Age Discrimination Act of 1975, the Americans with Disabilities
Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by
the Consultant subjects subconsultants to the same provision. The Consultant agrees that the hiring
of persons to perform the contract will be made based on merit and qualifications and there will be
no discrimination based upon race, color, religion, gender, national origin or ancestry, age, creed,
marital status, physical or mental disability, or political ideas by the persons performing the contract.
13. Termination
This Contract may be ended prior to the term ending by either party in case of substantial failure or
default of the other party to fulfill its obligations under this Contract. Prior to such termination, the
non-defaulting party will give notice to the defaulting party of the failure or default. Such party will
have fifteen (15) days from the date of the notice to cure the default or failure if such default or failure
is capable of being cured. Upon failure to cure the default or failure within fifteen (15) days, or if
such failure or default is not capable of being cured, the non-defaulting party may terminate the
Contract effective at once upon the provision of written notice as provided in Section 15
(Notices). The Contract may also be ended prior to expiration of the term by the City for City's
convenience upon the provision of not less than fourteen (14) days written notice to the
Consultant. In case of such termination, the Consultant will be compensated for services performed
prior to termination. Such amount will be paid by the City upon the Consultant's delivering or
otherwise making available to the City, all data, drawings, specifications, reports, estimates,
summaries and other information and materials as may have been accumulated by the Consultant in
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performing the services included in this Contract, whether completed or in progress. All
unperformed obligations incurred by Consultant prior to such date will survive termination of this
Contract.
14. Annual Appropriation and Renewal
Notwithstanding any other provision or provisions of this Contract, per O.C.G.A. 36-60-13, this
Contract will end at once and absolutely if the City finds that adequate funds are not appropriated
or granted or funds are de-appropriated such that the City cannot fulfill its obligations under the
Contract, which determination is at the City's sole discretion and will be conclusive.
15. Ownership of Work Product
In the event Consultant prepares, pursuant to the performance of this Contract, any drawings, plans,
studies, reports, specifications, other documents (the "Work Product"), the City will be deemed the
owner of the original of all such Work Product, and all statutory and common law rights with respect
to such Work Product will accrue to the City, provided the City has paid for the services in full.
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Appendix A: City Truck Route Allowed Truck Routes and Map
Certain trucks may travel in and through the City of Alpharetta using only those streets and roads
highlighted in the Truck Route Map provided in Appendix A of this document and available for review
online at:
https://www.alpharetta.ga.us/government/departments/public-works/alpharetta-truck-routes
As noted in Chapter 18 (Traffic) of the Code of the City of Alpharetta, Georgia, except as specifically
set out herein, trucks (defined as motor vehicle having a gross vehicular weight rating (G.V.W.R.) in
excess of thirty-six thousand pounds (36,000 lbs.) or having an overall length in excess of thirty feet
(30'), except vehicles designed to carry passengers) are prohibited from using any street within the City
except those designated below:
1) SR 9 (North Main Street - South Main Street)
2) SR 120
3) Haynes Bridge Road (SR 120 to City Limits)
4) Hembree Road (Westside Parkway to Roswell City Limits continuing on Roswell Truck Route)
5) Mansell Road
6) Maxwell Road (SR 9 to Hembree Road)
7) McGinnis Ferry Road
8) North Point Parkway
9) Union Hill Road
10) Westside Parkway
11) Windward Concourse
12) Windward Parkway (SR 9 to Union Hill Road)
13) Davis Drive (Mansell Road to Westside Parkway)
Exceptions to the above schedule are when the terminal, parking lot, repair garage, headquarters,
place of pickup or delivery of the restricted motor vehicle is not on a designated truck route, ingress
to and egress from such places will be made by the most direct route available between the terminal,
parking lot, repair garage, headquarters, place of pickup or delivery and the nearest designated truck
route.
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