DeKalb County’s Georgia Department of Transportation (GDOT) Gateways Landscaping Design, Installation, Enhancement and Maintenance (Multi-Year)

Rev. 03/27/2019 P&C ` DeKalb County Department of Purchasing and Contracting JANUARY 30, 2023 REQUEST FOR PROPOSALS (RFP) NO. 22-500636 FOR DEKALB COUNTY'S GEORGIA DEPARTMENT OF TRANSPORTATION (GDOT) GATEWAYS LANDSCAPING DESIGN, INSTALLATION, ENHANCEMENT, AND MAINTENANCE (MULTI-YEAR) Procurement Agent: Phyllis A. Head Email: phead@dekalbcountyga.gov MANDATORY DeKalb First LSBE Meeting: (Bidders must attend 1 meeting on either of the dates listed.): Wednesday February 1, 2023; or Wednesday February 8, 2023 Zoom Video and/or Audio Conferencing: To attend the 10:00 A.M. Mandatory Prime/LSBE Meeting via video conferencing, Join Zoom Meeting: https://dekalbcountyga.zoom.us/j/157231430 To attend the 2:00 P.M. Mandatory Prime/LSBE Meeting via video conferencing, Join Zoom Meeting:

href="https://dekalbcountyga.zoom.us/j/308537243" target="_blank">https://dekalbcountyga.zoom.us/j/308537243 Please utilize audio conferencing if you are unable to access the Zoom Meeting, dial: 1-888-270-9936 Conference code: 107222 NON-Mandatory Pre-Proposal Conference: Monday February 6, 2023, at 10:00 A.M. Zoom Link: https://dekalbcountyga.zoom.us/j/84736102665 Password: 796868 Deadline for Submission of Questions: 5:00 P.M., Friday February 10, 2023 Deadline for Receipt of Proposals: 3:00 P.M., Tuesday February 28, 2023 THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS RFP TO THE DEPARTMENT OF PURCHASING AND CONTRACTING OF DEKALB COUNTY GOVERNMENT ON OR BEFORE THE STATED DATE AND TIME WILL BE SOLELY AND STRICTLY THE RESPONSIBILITY OF THE RESPONDER. ___________________________________________________________________________________________ ________________________________________________________________________________________ mailto:phead@dekalbcountyga.gov https://dekalbcountyga.zoom.us/j/84736102665 Revised 11/09/2020 P&C TABLE OF CONTENTS Section Title Page I. Introduction..................................................................................................... 4 II. Scope of Work ................................................................................................ 5 A. Design..............................................................................5 B. Installation ................................................................................................ 6 B. Enhancement .............................................................................................. 7 C. Maintenance ............................................................................................... 8 D. Weekly Litter / Debris Removal .............................................................. 10 III. Operational Guidelines ................................................................................. 10 IV. Traffic Requirements .................................................................................... 11 V. Mandatory Acknowledgement of Site Visit and Inspection ........................ 12 VI. Award .......................................................................................................... 12 VII. GDOT Requirements ................................................................................... 12 VIII. Proposal Format ............................................................................................ 13 A. Cost Proposal ........................................................................................... 13 B. Technical Proposal ................................................................................... 13 C. DeKalb First Ordinance ........................................................................... 16 D. Federal Work Authorization Program ..................................................... 17 IX. Criteria for Evaluation .................................................................................. 17 X. Contract Administration ............................................................................... 17 A. Standard County Contract ........................................................................ 17 B. Submittal Instructions .............................................................................. 17 C. Pre-Proposal Conference and Site Visit ................................................... 18 D. Questions ................................................................................................. 18 E. Acknowledgement of Addenda ................................................................ 18 F. Proposal Duration ..................................................................................... 19 G. Project Director/Contract Manager .......................................................... 19 H. Expenses of Preparing Responses to this RFP......................................... 19 I. Georgia Open Records Act....................................................................... 19 J. First Source Jobs Ordinance..................................................................... 19 K. Business License ...................................................................................... 20 XI. Award of Contract/Interviews ...................................................................... 21 Attachment A. Cost Proposal ....................................................................... 23 Attachment B. Proposal Cover Sheet ........................................................... 29 Attachment C. Contractor Reference and Release Form .............................. 30 Attachment D. Subcontractor Reference and Release Form ........................ 31 Attachment E. LSBE Opportunity Tracking Form ....................................... 32 Attachment F. Sample County Contract ....................................................... 41 Attachment G. Responder Affidavit ............................................................. 56 Attachment H. First Source Jobs Ordinance Information & Exhibits .......... 57 Attachment I. First Source New Employee Tracking Form ........................ 67 Attachment J. Mandatory Acknowledgement of Site Visit and Inspection . 70 Exhibit A1. Aerial Photo - Candler Rd. @ I-20 Intersection (GDOT) ......... 71 Page 2 of 94 Revised 11/09/2020 P&C Exhibit A2. Aerial Photo - Panola Rd. @ I-20 Intersection (GDOT) .......... 72 Exhibit A3. Aerial Photo - Wesley Chapel Rd. @ I-20 Intersection (GDOT)...................................................................................................... 73 Exhibit A4. Aerial Photo - Chamblee-Tucker Rd. @ I-285 Intersection (GDOT)...................................................................................................... 74 Exhibit A5. Aerial Photo - Chamblee-Tucker Rd. Median (only) ............... 75 Exhibit A6. Aerial Photo – Flat Shoals Pkwy. Median (only) ..................... 76 Exhibit A7. GDOT Publications Policies & Procedures........................77 Page 3 of 94 Rev. 03/27/2019 P&C ___________________________________________________________________________________________ DeKalb County Department of Purchasing and Contracting Maloof Administration Building, 1300 Commerce Drive, 2nd Floor, Decatur, Georgia 30030 January 30, 2023 REQUEST FOR PROPOSAL (RFP) No.22-500636 FOR DEKALB COUNTY’S GDOT GATEWAYS LANDSCAPING DESIGN, INSTALLATION, ENHANCEMENT AND MAINTENANCE (MULTI-YEAR) DEKALB COUNTY, GEORGIA DeKalb County Government (the County) requests qualified individuals and firms with experience in landscaping design, installation, enhancement, and maintenance services to submit proposals for DeKalb County’s GDOT Gateways Landscaping Design, Installation, Enhancement, and Maintenance. I. INTRODUCTION A. The County’s Beautification Division is seeking a contractor to provide landscaping design, installation, enhancement, and maintenance services at four (4) GDOT gateways / ramp locations and landscaping enhancement and maintenance services at two (2) DeKalb County median locations in the County. The services consist of four (4) components: landscape design, landscaping installation, landscaping enhancement and landscape maintenance services including litter removal. The locations and services include: The following four (4) GDOT gateways / ramp locations for landscaping design, installation and maintenance services: • Candler Road @ I-20 Intersection shall include all four (4) sides of the GDOT ramp, approximately 1.84 acre. See Exhibit A1 • Panola Road @ I-20 Intersection shall include all four (4) sides of the GDOT ramp, approximately 4.98 acres. See Exhibit A2 • Wesley Chapel Road @ I-20 Intersection shall include all four (4) sides of the GDOT ramp, approximately 2.80 acres. See Exhibit A3 • Chamblee-Tucker Road @ I-285 Intersection shall include all four (4) sides of the GDOT ramp, approximately 5.53 acres. See Exhibit A4 The following two (2) DeKalb County median locations for landscaping enhancement and maintenance services: Page 4 of 94 Revised 11/09/2020 P&C • Chamblee-Tucker Road Median Starting from I-285 to Presidential Pkwy. Approximately 1.5 mile. See Exhibit A5 • Flat Shoals Pkwy. Median Starting from Clifton Springs Rd. to Wesley Chapel Rd. approximately 2.1 miles. See Exhibit A6 B. The following Required Documents Checklist includes a list of attachments which must be completed and returned with Responder’s technical proposal: Required Documents Attachment Cost Proposal Form (1 copy, separate & sealed) A Proposal Cover Sheet B Contractor Reference and Release Form C Subcontractor Reference and Release Form (make additional copies as needed) D LSBE Documents – Exhibits A and B E Responder Affidavit G First Source Jobs Ordinance (with Exhibits 1 – 4) H New Employee Tracking Form I Mandatory Acknowledgement of Site Visit and Inspection J Exceptions to the Standard County Contract, if any K C. The design and installation shall commence within ten (10) calendar days after acknowledgement of receipt of written notice to proceed and shall be completed within 150 calendar days, while maintenance services shall be performed according to the schedule submitted in this RFP. The installation schedule shall be developed and submitted with a project start date and schedule for installation in Spring 2023. D. The County reserves the right to make one (1) award for all four (4) components: design, landscaping installation, landscaping enhancements, and maintenance services, including litter removal; or multiple awards or whatever is deemed in the best interest of the County. II. SCOPE OF WORK A. Design 1. Along with technical proposal, the Proposer will be expected to submit initial conceptual design(s), per GDOT requirements, for each of the following gateway locations: • Candler Road @ I-20 Intersection (include all four (4) sides of the GDOT ramp, approximately 1.84 acre.) See Exhibit A1 Page 5 of 94 Revised 11/09/2020 P&C • Panola Road @ I-20 Intersection (include all four (4) sides of the GDOT ramp, approximately 4.98 acres). See Exhibit A2 • Wesley Chapel Road @ I-20 Intersection (include all four (4) sides of the GDOT ramp, approximately 2.80 acres). See Exhibit A3 • Chamblee-Tucker Road @ I-285 Intersection (include all four (4) sides of the GDOT ramp, approximately 5.53 acres.) See Exhibit A4 Note: Irrigation system is not required. 2. The Proposer shall submit to the County conceptual design(s) for each location for evaluation and review. Conceptual design(s) shall be submitted via flash drive with technical proposal, including one original, hard copy version and six (6) flash drives containing identical copies of technical proposal, and conceptual design(s). 3. The Proposer shall clearly specify the plants type, sizes, quantities, spacing of each proposed plant type within each design. 4. The Proposer shall provide a complete list of trees, plants, seasonal flowers, ornamental shrubs, pine straw/mulch and other plant species proposed for each location. Note: Invasive plants that are non-native to the ecosystem, environmentally harmful, economic cause, etc., are prohibited for use in this project. Georgia grown plants are strongly encouraged. Additionally, only Bermuda sod is approved for this project and for the entire length of each DOT ramp. 5. Ornamental shrubs used for mitigation are to be spaced for total coverage in two (2) years. 6. The proposed design(s) shall also include a list of trees, plants, seasonal flowers, ornamental shrubs, and/or other plant species, pine straw/mulch to be replaced for each season. 7. The Proposer shall identify any proposed initial removal of existing trees, plants, ornamental shrubs, objects, etc. from each location. Note: No tree removal, pruning, or ground disturbance shall take place within any stream buffer. 8. The minimum size of plant materials at time of planting is: • 1 – 1 1⁄2 “for large canopy shade trees • 4 – 5’ tall for small flowering trees • 4 – 5’ tall for evergreen trees • 2 1⁄2 - 3’ tall for evergreen shrubs B. Installation 1. The Contractor shall provide landscaping installation in accordance with the approved design for each of the following locations: • Candler Road @ I-20 Intersection shall include all four (4) sides of the GDOT ramp, approximately 1.84 acres. See Exhibit A1 Page 6 of 94 Revised 11/09/2020 P&C • Panola Road @ I-20 Intersection shall include all four (4) sides of the GDOT ramp, approximately 4.98 acres. See Exhibit A2 • Wesley Chapel Road @ I-20 Intersection shall include all four (4) sides of the GDOT ramp, approximately 2.80 acres. See Exhibit A3 • Chamblee-Tucker Road @ I-285 Intersection shall include all four (4) sides of the GDOT ramp, approximately 5.53 acres. See Exhibit A4 2. The Proposer shall provide a total combined cost for the landscaping installation for the plant list on Attachment A Cost Proposal Form. For the purposes of budget allocation and contracting, the individual cost for each of the four (4) GDOT interchange locations will be calculated using a factor (scaled according to the acres at each location) as provided in Attachment A Cost Proposal Form. 3. The Contractor shall comply with all GDOT Publications policies & procedures, including but not limited to those regarding landscaping and enhancements (Exhibit A7). 4. The Contractor is responsible for soil testing, and installation of all plants, flower, ornamental shrubs, sods, pine straw/mulch in accordance with the County and GDOT approved design for each location. 5. The Contractor shall provide a guarantee on all installed landscape and the installed Bermuda grass must germinate within the first 90 days. All approved and installed plants shall remain alive and healthy for at least twelve (12) months after installation. All dead or diseased plants shall be removed and replaced by the contractor at its own expense. 6. The Contractor shall properly bag all trash, debris, and/or litter removed from designated work areas upon completion of the installation, enhancement, and/or maintenance. The Contractor is responsible for disposal of trash and debris in accordance with all federal, state, and local laws, rules and regulations. 7. Prior to installation, the Contractor shall check for all underground utilities and conduct installation to avoid any impact on utilities. 8. The minimum size of plant materials at time of planting are • 1 – 1 1⁄2“ for large canopy shade trees • 4 – 5’ tall for small flowering trees • 4 – 5’ tall for evergreen trees • 2 1⁄2 - 3’ tall for evergreen shrubs C. Enhancement 1. There are two (2) DeKalb County median locations that require a one-time enhancement on existing landscape. The locations include: • Chamblee-Tucker Road Median Starting from I-285 to Presidential Pkwy. Approximately 1.5 miles. See Exhibit A5 Page 7 of 94 Revised 11/09/2020 P&C • Flat Shoals Pkwy. Median Starting from Clifton Springs Rd. to Wesley Chapel Rd. approximately 2.1 miles. See Exhibit A6 2. The Proposer shall provide a proposed enhancement plan for each location using the existing landscape. For example, trimming plants/shrubs/trees and apply mulching/pine straw/sod wherever needed. Note: Only pine straw, mulch, and/or Bermuda sod are accepted as ground cover material. 3. The Proposer shall provide a cost for installation in accordance with the design drawings, details, and total plants list for each location on Attachment A Cost Proposal Form. 4. No existing trees, plants, or ornamental shrubs shall be removed and installed from/to existing landscape without County approval. D. Maintenance 1. The Contractor shall provide continued landscaping maintenance for all six (6) locations: • Candler Road @ I-20 Intersection (shall include all four (4) sides of the GDOT ramp, approximately 1.84 acres.) See Exhibit A1 • Panola Road @ I-20 Intersection shall include all four (4) sides of the GDOT ramp, approximately 4.98 acres. See Exhibit A2 • Wesley Chapel Road @ I-20 Intersection shall include all four (4) sides of the GDOT ramp, approximately 2.80 acres. See Exhibit A3 • Chamblee-Tucker Road @ I-285 Intersection shall include all four (4) sides of the GDOT ramp, approximately 5.53 acres. See Exhibit A4 • Chamblee-Tucker Road Median Starting from I-285 to Presidential Pkwy. Approximately 1.5 miles. See Exhibit A5 • Flat Shoals Pkwy. Median Starting from Clifton Springs Rd. to Wesley Chapel Rd. approximately 2.1 miles. See Exhibit A6 2. Maintenance shall include, at minimum, the following: • Litter abatement services • Mowing of the Bermuda sod and weeding, pruning and other general maintenance activities (bi-weekly) • Maintaining the entire designated flower bed area and entire acreage of the GDOT Intersections / Ramps and the DeKalb County Medians, and replacing proposed plant materials as needed (assumed on a quarterly basis – See Item 18 under Section C Maintenance) 3. The Contractor shall be responsible for caring, enhancement, and maintaining of the installed landscape. Page 8 of 94 Revised 11/09/2020 P&C 4. All landscaped areas shall be fertilized as needed. An application schedule and frequency along with the specified fertilizer products must be submitted and approved by the County prior to each application. 5. As needed, the Contractor shall be responsible for the immediate control and identification of any insect or disease that may arise in any landscaped area. 6. Year-round mowing, weeding, and weed eater around the perimeter of the GDOT ramps around the landscaped areas shall be done every two weeks from April 1st to November 30th of each year and every four weeks from December 1st through March 31st of each year. 7. Pre-emergent and post emergent applications are required once a year as part of landscaping enhancement and maintenance services. 8. All grassed areas shall be uniformly cut to a minimum height of 1”, but no higher than 2”, unless otherwise directed by the County. Note: In the event the Contractor mows higher than the specified height, the contractor shall mow the area in conflict again at the Contractor’s own expense. 9. The Contractor shall ensure that its operation does not cause rutting or damage any slopes. The Contractor shall be solely responsible for repairing any damage caused by the normal mowing operations to the ditches. If rutting occurs, the Contractor shall hand mow only. 10. The Contractor shall take caution and mow within a reasonable limit for grass on undamaged slopes with adequate cover that are no steeper than 3:1. This option is not recommended on slopes steeper than 3:1, or in any other situations that may be a hazard to the operator or the traveling public, including areas that may be too wet or otherwise inaccessible. 11. Hand carried equipment is required for trimming in areas that are inaccessible for mowing equipment. In such instances, the Contractor shall mow the grass to a height of six (6) inches, unless a special request is made by the County. 12. Prior to mowing, the Contractor shall be responsible for removing all litter and debris from all grassed areas. 13. Upon each service completion, the Contractor shall keep the entire serviced area neat and clean. 14. To prevent projectiles from being thrown around, mowers must have guards on their mowing decks. 15. The entire length of the GDOT ramp shall be edged after each mowing event. 16. All seasonal/annual landscape flowers, ornamental shrubs, etc. shall be replaced at the beginning of each calendar season (Spring, Summer, Fall, & Winter). 17. The Contractor is responsible for disposal of trash and debris in accordance with all federal, state, and local laws, rules and regulations. 18. The cost to replace twenty percent (20%) of all proposed plant materials shall be included in the cost proposal. Actual compensation to the Proposer will be based on actual plants replaced as part of routine maintenance and replacement activities, pursuant to the terms and conditions of this Agreement. Page 9 of 94 Revised 11/09/2020 P&C Note: The County is responsible for replacing all ornamental plants that are frozen, stolen, vandalized, or otherwise destroyed by unforeseen circumstances beyond the Contractor’s control. However, if the County determines that the poor condition of ornamental plants is due to improper maintenance or other cause within the Contractor’s control, the Contractor shall be responsible for replacing such ornamental plant at its own expense. This determination shall be made at the County’s sole discretion. 19. Perennial ornamental shrubs shall be pruned as needed. 20. Dead or diseased plants shall be removed and replaced as needed. 21. If necessary, if mulch or pine straw is lost, washed or blown away, such areas shall be replenished as needed at a minimum of one time a year in December. E. Weekly Litter/Debris Removal 1. The Contractor shall perform litter removal once a week for the entire GDOT intersection / ramp areas and DeKalb County Medians landscape project. 2. The Contractor shall provide all labor, safety, materials, litter bags, supplies, tools, transportation equipment, and anything else necessary for the performance of high-quality litter removal at the locations listed in these specifications. 3. The Contractor shall maintain the designated areas/locations in a manner that results in a clean and satisfactory, free of litter, garbage, refuse, and other debris in accordance with the specifications herein. 4. The Contractor shall properly bag all litter and remove it from all designated areas upon completion of the task. The Contractor is responsible for disposal of trash and debris in accordance with all federal, state, and local laws, rules and regulations. 5. The Contractor shall complete the litter removal operations in such a manner so as not to damage the existing ground areas or create roadside obstacles. 6. The Contractor shall be solely responsible for the safety and the conduct of its personnel at all times within the service area. 7. The Contractor shall provide and place litter removal work signs for all designated locations. Signs must be strategically placed and visible to the public. III. OPERATIONAL GUIDELINES A. The County will conduct inspections for the sites serviced/maintained within twenty-four (24) hours of completion. B. Notification of unsatisfactory work will be communicated to the vendor and correction of deficiency is required to be completed within twenty-four (24) hours from notification. C. No storage or service of equipment shall take place on work sites, except in unforeseen circumstances. Note: The County will not be liable for any damages caused to Contractor’s property while at work sites. Contractor is solely responsible for Contractor’s equipment. Page 10 of 94 Revised 11/09/2020 P&C D. Should the Contractor be obstructed or delayed in the execution of or completion of the work as a result of unforeseeable causes beyond the control of the Contractor and not due to his fault or neglect, including but not restricted to acts of God or the public enemy, acts of government, fires, floods discovery of pre-existing hazardous materials, utility conflicts, epidemics, quarantine regulations, strikes or lockouts, the Contractor shall notify the County immediately by telephone and in writing within twenty-four (24) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which the Contractor may have had to request a time extension. The County reserves the right to determine, at the County’s sole discretion, the necessity for time extensions and the length of any such time extension, but requests for time extensions will not be unreasonably denied. E. The Contractor shall carry on the operations in such a manner so as not to damage the existing ground areas or roadside obstacles. F. The Contractor shall be responsible for providing machinery, equipment, tools, materials, labor, supervision, transportation, insurance, proper safety measures, and all incidentals necessary to complete the required work as described herein. G. The Contractor shall be responsible for all maintenance and repair of equipment and the availability, presence, and supervision of all employees. H. The safety aspects of the operation must be followed to ensure the safety of the public. Safety is the responsibility of the Contractor. I. The Contractor shall be liable for any damages caused by its employees and/or its sub-contractor during service. In such event, the Contractor shall be responsible for the replacement or the repair of damaged property. If damaged property resulting from the Contractor’s operations has to be repaired or replaced by the County, the cost of such work and repair shall be deducted from the Contractor’s payment. It is highly recommended the Contractor document by means of video or picture to verify that damage was done prior to the mowing operation. J. The Contractor shall immediately notify the County designee regarding any safety issues, concerns, or incidents. K. At least once a month, the Contractor shall take before and after pictures of each work site and submit them to the County. L. The County reserves the right to require additional site services upon request. The County will be responsible for the cost of additional service. The scope of service and all expectations are the same as specified herein. In the case of additional site service is required, the contractor shall provide a price quote and shall obtain the County’s written approval prior to the beginning of the additional work. M. Since the County is closed on weekends. Work on the weekend is not permitted. IV. TRAFFIC REQUIREMENTS A. Where required, maintenance of traffic shall be the responsibility of the Contractor and shall be part of the cost proposal and shall conform to the GDOT’s most current edition of Construction Standards and Details for Design, Construction and Maintained Systems and the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways. These documents can be obtained online from the GDOT website: www.dot.ga.gov Page 11 of 94 http://www.dot.ga.gov/ Revised 11/09/2020 P&C B. All costs associated with traffic control must be included with the Unit Price. If the Contractor does not comply with the FHWA and MUTCD (i.e. signs qualified flagmen, barricades), the County reserves the right to direct the Contractor to cease operations until deficiencies are corrected. In addition, no road closures shall be allowed except in the case of emergencies. C. The work shall be carried out so as to not interfere unnecessarily or improperly with the passage of pedestrians and/or vehicles. D. If conditions are such that temporary traffic signals and signs illuminated or are otherwise necessary, then these will be provided and maintained by the Contractor. E. Contractor shall comply with any special traffic requirements of the County in which the work may be conducted. F. Prior approval from GDOT and/or the County is required for any lane closures related to this project. V. MANDATORY ACKNOWLEDGEMENT OF SITE VISIT AND INSPECTION A. Prior to submittal of your proposal, the Proposer responders must visit and review the site locations on his/her own time, and to familiarize himself/herself with the conditions of each site. B. The Proposer shall be responsible for measuring the entire length of the GDOT ramp. C. Responders must confirm the inspections by completing the ACKNOWLEDGEMENT OF SITE VISIT (See Attachment J) VI. AWARD A. This contract will be awarded for all four (4) components: design, installation, landscaping enhancement and maintenance services including litter removal. The County reserves the right to make one or multiple awards, as deemed whatever is best for the County. VII. GDOT REQUIREMENTS A. This landscaping project is mostly on GDOT properties, except for the two (2) median locations that belong to the County. In addition to the requirements specified herein, the awarded contractor shall also be familiar with the GDOT Policies and Procedures enclosed hereby as Exhibit A7, GDOT Publications Policies & Procedures. This document can also be found at the following link: http://mydocs.dot.ga.gov/info/gdotpubs/Publications/6755-9.pdf B. The County will be responsible for securing the mowing & maintenance agreements from GDOT using the approved Stamped Construction Drawings provided by the Contractor. C. The County will be responsible for all permit requirements from GDOT and the County using the supporting permit application documentation provided by the Contractor. Page 12 of 94 https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmydocs.dot.ga.gov%2Finfo%2Fgdotpubs%2FPublications%2F6755-9.pdf&data=04%7C01%7Ctphan%40dekalbcountyga.gov%7C7283d03860b14abda7ec08d9ebfa2c20%7C292d5527abff45ffbc92b1db1037607b%7C1%7C0%7C637800287940544512%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0&sdata=wWglTy5dk9UnIWgdekjqNt5b57h3ALqnJtdpLOSRe80%3D&reserved=0 Revised 11/09/2020 P&C VIII. PROPOSAL FORMAT Responders are required to submit their proposals in the following format: A. Cost Proposal 1. The cost proposal must be submitted in a separate, sealed envelope with the responder’s name and “Cost Proposal for Request for Proposals No. 22-500636 for “DeKalb County’s GDOT Gateways Landscaping Design, Installation, Enhancement, and Maintenance” on the outside of the envelope. 2. The sealed envelope containing the cost proposal is requested to be included in the sealed package containing the technical proposal. 3. DO NOT INCLUDE FEES OR COSTS IN ANY AREA OUTSIDE OF THIS COST PROPOSAL. Including fees in any area outside of the Cost Proposal in its separate, sealed envelope shall result in Responder’s proposal being deemed non-responsive. 4. Responders are required to submit their costs on Attachment A, Cost Proposal Form. Responder shall not alter the cost proposal form. B. Technical Proposal DO NOT INCLUDE ANY COSTS OF ANY KIND IN THE TECHNICAL PROPOSAL OR ON THE DISCS CONTAINING THE TECHNICAL PROPOSAL. 1. Technical Proposals must be submitted in a sealed envelope(s) or box(es) with the responder’s name and “Request for Proposals No. 22-500636 for “DeKalb County’s GDOT Gateways Landscaping Design, Installation, Enhancement, and Maintenance” on the outside of each envelope or box. 2. Responder shall complete Attachment B, Proposal Cover Sheet, and include this as the first page of the technical proposal. 3. Technical Approach: a) Responders are required to describe a summary of the firm’s understanding and approach to each task outlined under the Scope of Work and methods that will achieve the required outcome of the project as specified herein. b) Specifically, concerning the design(s), the responders shall provide, as part of their Proposal in response to this RPF, a detailed description of the proposed design(s), including a plants list along with design plans or any other information that will assist the County in evaluating the proposed design(s). To the extent the proposed designs are location specific, please indicate the location that the design is proposed to match. Page 13 of 94 Revised 11/09/2020 P&C 4. Project Management: a) Describe how the project will be organized and managed; b) Provide a project schedule at the task level starting with the receipt of the Notice to Proceed and ending with project completion. The anticipated schedule shall show the start date and initial installation in Spring 2023. c) Describe progress reporting procedures for the project; d) Include the anticipated use of subcontractors or vendors; and e) Describe the resources necessary to accomplish the purpose of the project. f) Include participation in monthly construction progress meeting and as needed correspondence with the Owner. 5. Personnel: a) Identify the individuals who will be part of the project team; provide the key personnel assigned for each of the tasks identified in the scope of this RFP including but not limited to landscape design, landscape installation, landscape maintenance, and landscape enhancements; b) Include any outside personnel, such as subcontractors; c) Provide detailed resumes of team members and subcontractors who will be directly working on the project; Include their experience for GDOT landscape projects and any other landscape projects for government entities in the US; Identify their key area of expertise pertaining to the scope of services in this RFP; d) Provide documentation for the Project Manager’s experience and any other key personnel’s experience directly related to landscape design, landscape installation, landscape maintenance, and landscape enhancements for similar GDOT projects and projects performed for other government entities e) Any changes to the key personnel team after contract award will need to be approved in writing by the County. The Contractor will need to submit, to the County, resumes and relevant experience as required in this RFP and obtain written approval prior to making the personnel change for the project. 6. Organizational Qualifications: It is imperative that the materials and information provided to the County on the organizational qualifications include sufficient documentation that will indicate the proposer’s work experience, training, education and performance of similar projects for GDOT and local government entities, in both size and scope. Experience of key personnel on the project may be substituted for organizational experience only for landscape design and maintenance portions of the Scope of Services. Only the Organizational qualifications and experience will count for installation and enhancement service portion of the Scope of Services. At a minimum, Proposers must expressly reply to each subpart of each of the following questions: a) Has the Responder performed the following scope for any Georgia Department of Transportation (GDOT) projects? i. landscape design ii. landscape installation Page 14 of 94 Revised 11/09/2020 P&C iii. landscape maintenance iv. landscape enhancements b) If Responder has worked for the GDOT previously, please identify the following: i. How many years of experience with GDOT projects similar to the one outlined in this RFP? ii. Identify any GDOT projects performed by Responder in the last five years. Provide a list of the projects with a brief project summary, including project name, project size, project location, years and duration of project, and contract terms and project values. Provide a minimum of two (2) GDOT project(s) your company previously had or currently has in the last five years. iii. Are you familiar with GDOT policies and procedures? c) Has the Responder performed the scope of work described above for any government entities within the United States? Provide a list of the projects with a brief project summary, including project name, project size, project location, years and duration of project, and contract terms and project values. d) Has the Responder performed the scope of work described above in the Metro Atlanta area? If so, provide a list of the projects with a brief project summary, including project name, project size, project location, years and duration of project, and contract terms and project values. e) Describe Responders overall experience, capabilities and other qualifications for this project and projects of similar size and scope. f) How many years has Responder operated under current company name? g) Has Responder ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any government entity, including a Federal department or agency from doing business with the Federal Government, a state department or agency from doing business with a state, and/or any local government from doing business with a local government? h) Provide number of personnel and sub-contractor(s) assigned to work on projects stated above. i) Did any projects include sod installation? If so, what was the square footage? j) Did any projects include pre/post emergent for weed control? If so, what was the frequency? k) Did any projects include fertilization? If so, what was the frequency? l) Did any projects include litter removal? If so, what was the frequency? m) Were tree-gators for watering trees/scrubs used on the projects? If so, what was the frequency? n) Did the projects include total installation? 7. Financial Responsibility: a. Responder must provide financial statements for the last three (3) years that evidences the responder’s financial capabilities to perform the scope of work. (Audited statements are Page 15 of 94 Revised 11/09/2020 P&C preferable but a minimum of balance sheet, income statement and cash flow statement may be accepted.) Provide year of incorporation (if applicable). 8. References: a) Responder shall provide three (3) references for projects similar in size and scope to the project specified herein using the Reference and Release Form attached hereto as Attachment C. References must indicate the client, the size of the contract, the full range of services and contract time frame. Each reference shall include a contact person who has direct knowledge of the services, a current telephone number and email address. The ineffectiveness of contact information and/or the reference’s lack of responsiveness may result in reduction in points for this category. b) Provide three (3) references for each subcontractor proposed as a part of the project team. The references shall be for the same or similar types of services to be performed by the subcontractor (including LSBE-DeKalb and/or LSBE-MSA firms) on projects similar in size and scope to the project outlined in this RFP. Use Attachment D, Subcontractor Reference and Release Form. Make additional copies as needed. 9. Location and Responsibility: a. Provide the following information: Are you a DeKalb County Firm? Yes / No. b. Contractor to maintain an office in the greater Atlanta area during the contract period. The Contractor must be available to meet in person with County personnel upon a 24- hour notice period. C. DeKalb First Ordinance 1. It is the objective of the Chief Executive Officer and Board of Commissioners of DeKalb County to provide maximum practicable opportunity for all businesses to participate in the performance of government contracts. The current DeKalb County List of Certified Vendors may be found on the County website at http://www.dekalbcountyga.gov/purchasing/. 2. It is required that all responding Responders attend the mandatory LSBE meeting within two- weeks of the solicitation’s advertisement, and comply, complete and submit all LSBE forms with the Responder’s response to remain responsive. Attendance can be in person, via video conference and teleconference. Video conferencing is available through Skype/Lync. Instructions for attendance via video conference can be found on the County’s website at https://www.dekalbcountyga.gov/purchasing-contracting/dekalb-first- lsbe-program. 3. For further details regarding the DeKalb First Local Small Business Enterprise Ordinance, contact the LSBE Program representative, at DeKalbFirstLSBE@dekalbcountyga.gov. Page 16 of 94 http://www.dekalbcountyga.gov/purchasing/pdf/supplierList.pdf https://www.dekalbcountyga.gov/purchasing-contracting/dekalb-first-lsbe-program https://www.dekalbcountyga.gov/purchasing-contracting/dekalb-first-lsbe-program mailto:pcadmin-ops@dekalbcountyga.gov Revised 11/09/2020 P&C D. Federal Work Authorization Program Contractor and Subcontractor Evidence of Compliance All qualifying contractors and subcontractors performing work with DeKalb County, Georgia must register and participate in the federal work authorization program to verify the work eligibility information of new employees. Successful responder(s) shall be required to register and participate in the federal work authorization program, which is a part of Attachment F, Sample County Contract. In order for a Proposal to be considered, it is mandatory that the Responder Affidavit, Attachment G, be completed and submitted with responder’s proposal. IX. CRITERIA FOR EVALUATION The following evaluation criteria and the maximum points stated below will be used as the basis for the evaluation of proposals. A. Cost (10 points) B. Technical Approach to the Project (10 points) C. Project Management (10 points) D. Personnel (10 points) E. Organizational Qualifications (40 points) F. Financial Responsibility (5 points) G. References (5 points) H. Local Small Business Enterprise Participation (10 points) I. Optional Interview (10 points) – bonus X. CONTRACT ADMINISTRATION A. Standard County Contract The attached sample contract is the County’s standard contract document (see Attachment F), which specifically outlines the contractual responsibilities. All responders should thoroughly review the document prior to submitting a proposal. Any proposed revisions to the terms or language of this document must be submitted in writing with the responder’s response to the request for proposals. Since proposed revisions may result in a proposal being rejected if the revisions are unacceptable to the County, responders should review any proposed revisions with an officer of the firm having authority to execute the contract. No alterations can be made in the contract after award by the Board of Commissioners. B. Submittal Instructions One (1) original hard copy Technical Proposal stamped “Original”, one (1) original hard copy Design(s) and six (6) flash drives with each containing an identical copy of the Technical Proposal and design(s) (do not include the Cost Proposal on the flash drives); and one (1) original Cost Proposal (see Section III.A. for additional instructions regarding submittal of Cost Proposal) must be submitted to the following address no later than 3:00 p.m. on Tuesday February 28, 2023. Page 17 of 94 Revised 11/09/2020 P&C DeKalb County Department of Purchasing and Contracting The Maloof Center, 2nd Floor 1300 Commerce Drive Decatur, Georgia 30030 Proposals must be clearly identified on the outside of the packaging with the responder’s name and “Request for Proposals No. RFP 22-500636 for “DeKalb County’s GDOT Gateways Landscaping Design, Installation, Enhancement, and Maintenance” on the outside of the envelope(s) or box(es). It is the responsibility of each Responder to ensure that its submission is received by 3:00 p.m. on the proposal due date. The time/date stamp clock located in the Department of Purchasing & Contracting shall serve as the official authority to determine lateness of any response. The RFP opening time shall be strictly observed. Be aware that visitors to our offices will go through a security screening process upon entering the building. Responders should plan enough time to ensure that they will be able to deliver their submission prior to our deadline. Late submissions, for whatever reason, will not be evaluated. Responders should plan their deliveries accordingly. Telephone or fax proposals will not be accepted. C. Pre-Proposal Conference (Non-Mandatory) A pre-proposal conference and site visit will be held at 10:00 a.m. EST on the 6th day of February 2023 via Zoom teleconference. Interested responders are strongly encouraged to attend and participate in the pre-proposal conference. For information regarding the pre-proposal conference, please contact Phyllis A. Head at phead@dekalbcountyga.gov. D. Questions All questions concerning the Project and requests for interpretation of the Contract may be asked and answered at the pre-proposal conference; however, oral answers are not authoritative or binding on the County. Questions must be submitted to Phyllis A. Head at phead@dekalbcountyga.gov, no later than 5:00 p.m. EST on Friday February 10, 2023. Questions and requests for interpretation received by the Department of Purchasing and Contracting after this time on this date will not receive a response or be the subject of addenda. E. Acknowledgment of Addenda Addenda may be issued in response to changes in the RFP. It is the responsibility of the responder to ensure awareness of all addenda issued for this solicitation. Please acknowledge the addenda and submit to the Department of Purchasing and Contracting as requested. Responder may call Phyllis A. Head at phead@dekalbcountyga.gov to verify the number of addenda prior to submission. Addenda issued for this project may be found on DeKalb County’s website, www.dekalbcountyga.gov/formalbids. Page 18 of 94 mailto:phead@dekalbcountyga.gov Revised 11/09/2020 P&C F. Proposal Duration Proposals submitted in response to this RFP must be valid for a period of One Hundred Twenty (120) days from proposal submission deadline and must be so marked. G. Project Director/Contract Manager The County will designate a Project Director/Contract Manager to coordinate this project for the County. The successful responder will perform all work required pursuant to the contract under the direction of and subject to the approval of the designated Project Director/Contract Manager. All issues including, payment issues, shall be submitted to the Project Director/Contract Manager for resolution. H. Expenses of Preparing Responses to this RFP The County accepts no responsibility for any expenses incurred by the responders to this RFP. Such expenses are to be borne exclusively by the responders. I. Georgia Open Records Act Without regard to any designation made by the person or entity making a submission, DeKalb County considers all information submitted in response to this invitation or request to be a public record that will be disclosed upon request pursuant to the Georgia Open Records Act, O.C.G.A. §50-18-70 et seq., without consulting or contacting the person or entity making the submission, unless a court order is presented with the submission. You may wish to consult an attorney or obtain legal advice prior to making a submission. J. First Source Jobs Ordinance The First Source Ordinance is a public regulation which requires contractors and beneficiaries of eligible DeKalb County projects to make a good faith effort to hire fifty (50) percent of all jobs using the First Source Registry. Beneficiaries are immediate recipients of County grants or community development block funds administered by the County of at least $50,000. Contractors include an individual or entity entering into any type of agreement with the County, funded in whole or in part with County funds. WorkSource DeKalb (WSD) maintains the First Source Registry, comprised of qualified and trained DeKalb County residents. Business Solutions Unit (BSU) is available to assist the employer with selecting the most qualified candidate by using the First Source Registry to meet the company’s hiring needs. WSD manages the First Source program through the Business Solutions Unit by assigning a specific BSU Specialist. The First Source process is conducted similarly to the BSU business service request process. The BSU Specialist works closely with employers using TALEO and BSU processes to ensure the hiring needs of the employers are met. For more information on the First Source Jobs Ordinance requirement, please contact WorkSource DeKalb at www.dekalbworksource.org or 404-687-3400. Page 19 of 94 Revised 11/09/2020 P&C K. Business License Responder shall submit a copy of its current, valid business license with its proposal or upon award. If the responder is a Georgia corporation, responder shall submit a valid county or city business license. If the responder is not a Georgia corporation, responder shall submit a certificate of authority to transact business in the state of Georgia and a copy of its valid business license issued by its home jurisdiction. If responder holds a professional certification which is licensed by the state of Georgia, then responder shall submit a copy of its valid professional license. Any license submitted in response to this requirement shall be maintained by the responder for the duration of this Contract. L. Ethics Rules Proposers are subject to the applicable Ethics provision within the DeKalb County Purchasing Policy; the Organizational Act, Section 22A, a n d the Code of DeKalb County. Any violations will be addressed, pursuant to these policies and rules. To the extent that the Organizational Act, Section 22A and the Code of DeKalb County allow a gift, meal, travel expense, ticket, or anything else of value to be purchased for a County employee by a contractor doing business with the County, the contractor must provide written disclosure, quarterly, of the exact nature and value of the purchase to the Chief Integrity Officer, if created, or the Finance Director or his/her designee. Every contractor conducting business with the County will receive a copy of these ethical rules at the time of execution of the contract. M. Right to Audit The County shall have the right to audit all books and records, including electronic records, relating or pertaining to this contract or agreement, including but not limited to all financial and performance related records, property, and equipment purchased in whole or in part with County funds and any documents or materials which support those records, kept under the control of the Contractor, including but not limited to those kept by the Contractor's employees, agents, assigns, successors and subcontractors. The County also has the right to communicate with Contractor's employees related to the audited records. The Contractor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this contract and for seven (7) years after termination or expiration of this contract, including any and all renewals thereof. The books and records, together with supporting documents and materials shall be made available, upon request to the County or its designee, during normal business hours at the Contractor's office or place of business. In the event that no such location is available, then the books, records, and supporting documents shall be made available for audit at a time and location which is convenient for the County. N. Cooperative Agreement The County through the Department of Purchasing and Contracting may permit piggybacks to this contract from other city, county, local authority, agency, or board of education if the vendor will extend the same prices, terms, and conditions to the city. Piggybacking shall only be available where Page 20 of 94 Revised 11/09/2020 P&C competition was used to secure the contract and only for a period of 12-months following entry, renewal or extension of the contract. This provision shall not apply to any contract where otherwise prohibited or mandated by state law. XI. AWARD OF CONTRACT/ INTERVIEWS An evaluation committee will review and rate all proposals and shall determine if interviews are necessary. If interviews are conducted, firms will be scheduled for an oral presentation to the evaluation committee, not to exceed one hour’s duration, to respond to questions from the evaluation committee relevant to the firm’s proposal. The evaluation committee will make its recommendation for award and the DeKalb County Governing Authority, will make the final decision as to award of the contract. THE COUNTY RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS, TO WAIVE INFORMALITIES, AND TO RE-ADVERTISE. Sincerely, __________________________________ Phyllis A. Head Procurement Manager Department of Purchasing and Contracting Page 21 of 94 Revised 11/09/2020 P&C Attachment A: Cost Proposal Attachment B: Proposal Cover Sheet Attachment C: Contractor Reference and Release Form Attachment D: Subcontractor Reference and Release Form Attachment E: LSBE Opportunity Tracking Form Attachment F: Sample County Contract Attachment G: Responder Affidavit Attachment H: Attachment I: First Source Jobs Ordinance Information with Exhibits 1 - 4 First Source New Employee Tracking Form Attachment J: Attachment K: Mandatory Acknowledgement of Site Visit and Inspection Exceptions to the Standard County Contract, if any Exhibit A1: Aerial Photo - Candler Rd. @ I-20 Intersection Exhibit A2: Aerial Photo - Panola Rd. @ I-20 Intersection Exhibit A3: Exhibit A3 – Aerial Photo - Wesley Chapel Rd. @ I-20 Intersection Exhibit A4: Aerial Photo - Chamblee-Tucker Rd. @ I-285 Intersection Exhibit A5: Aerial Photo - Chamblee-Tucker Rd. Median Exhibit A6: Aerial Photo – Flat Shoals Pkwy. Median Exhibit A7: GDOT Publications Policies & Procedures Page 22 of 94 Revised 11/09/2020 P&C ATTACHMENT A COST PROPOSAL FORM (consisting of 5 pages) DEKALB COUNTY GDOT GATEWAYS LANDSCAPING DESIGN, INSTALLATION, ENHANCEMENT AND MAINTENANCE Responder: Please complete the attached pages of the Cost Proposal Form and return them with this cover page. The cost proposal must be submitted in a separate, sealed envelope with the Responder’s name and “Request for Proposals No. RFP 22-500636 and DeKalb County’s GDOT Gateways Landscaping Design, Installation, Enhancement, and Maintenance” clearly identified on the outside of the envelope. By signing this page, Responder acknowledges that he has carefully examined and fully understands the Contract, Scope of Work, and other attached documents, and hereby agrees that the proposal is a formal, binding offer and if his proposal is accepted, he will contract with DeKalb County according to the Request for Proposal documents. Please provide the following information: Name of Firm: ___________________________________________________________ Address: _______________________________________________________________ Contact Person Submitting Proposal:__________________________________________ Title of Contact Person:____________________________________________________ Telephone Number:_______________________________________________________ Fax Number:_____________________________________________________________ E-mail Address:__________________________________________________________ ____________________________________ Signature of Contact Person ____________________________________ Title of Contact Person Page 23 of 94 Revised 02/19/2020 P&C COST PROPOSAL FORM ***COST PROPOSAL FORM MUST BE SUBMITTED IN A SEPARATE SEALED ENVELOPE OR PROPOSER WILL BE DEEMED NON-RESPONSIVE AND WILL NOT BE CONSIDERED FOR AWARD*** Item No. Description Qty Factor Units Unit Price Total Price 1 Landscaping Design as Specified under the Scope of Services, Item A, Design. Proposer indicates hereby the total price shall include all four (4) sides of each GDOT ramp for all four (4) locations: (See Note 1) 1. Candler Road @ I-20 Intersection (~ 1.84 ac) 1 1 LS $ $ 2. Panola Road @ I-20 Intersection (~ 4.98 ac) 1 1 LS $ $ 3. Wesley Chapel Road @ I-20 Intersection (~ 2.80 ac) 1 1 LS $ $ 4. Chamblee-Tucker Road @ I-285 Intersection (~ 5.53 ac) 1 1 LS $ $ Sub Total for Landscaping Installation for all GDOT Intersections / Ramps = $ 2 Landscaping Installation as Specified under the Scope of Services, Item B, Installation. Proposer indicates hereby the total price shall include all four (4) sides of each GDOT ramp for all four (4) locations: (See Note 1) 1. Candler Road @ I-20 Intersection (~ 1.84 ac) 1 1 LS $ $ 2. Panola Road @ I-20 Intersection (~ 4.98 ac) 1 1 LS $ $ 3. Wesley Chapel Road @ I-20 Intersection (~ 2.80 ac) 1 1 LS $ $ 4. Chamblee-Tucker Road @ I-285 Intersection (~ 5.53 ac) 1 1 LS $ $ Sub Total for Landscaping Installation for all GDOT Intersections / Ramps = $ Page 24 of 94 Revised 02/19/2020 P&C ***COST PROPOSAL FORM MUST BE SUBMITTED IN A SEPARATE SEALED ENVELOPE OR PROPOSER WILL BE DEEMED NON-RESPONSIVE AND WILL NOT BE CONSIDERED FOR AWARD*** Item No. Description Qty Factor Units Unit Price Total 3 Landscaping Enhancement as Specified under the Scope of Services, Item C, Enhancement. Proposer indicates hereby the price shall include all planting areas along the entire length of each median location (See Note 2) 5. Chamblee-Tucker Road Median Starting from I-285 to Presidential Pkwy (~ 1.5 miles) 1 1 LS $ $ 6. Flat Shoals Pkwy. Median Starting from Clifton Springs Rd. to Wesley Chapel Rd. (~ 2.1 miles) 1 1 LS $ $ Sub Total for Landscaping Enhancement Installation for DeKalb County Medians = $ 4A For the season between April 1 through November 30, every Two-Week Maintenance Service as Specified under the Scope of Services, Item D, Landscaping Maintenance. Proposer indicates hereby the total price shall include all four (4) sides of each GDOT ramp for all four (4) locations: (See Note 1) 1. Candler Road @ I-20 Intersection (~ 1.84 ac) 16 1 bi-wkly $ $ 2. Panola Road @ I-20 Intersection (~ 4.98 ac) 16 1 bi-wkly $ $ 3. Wesley Chapel Road @ I-20 Intersection (~ 2.80 ac) 16 1 bi-wkly $ $ 4. Chamblee-Tucker Road @ I-285 Intersection (~ 5.53 ac) 16 1 bi-wkly $ $ Sub Total for Every Two-Week Maintenance Service for all four (4) GDOT Intersections / Ramps = 16 - bi-wkly $ 4B For the season between April 1 through November 30, every Two-Week Maintenance Service as Specified under the Scope of Services, Item D, Landscaping Maintenance. Proposer indicates hereby the price shall include all planting areas along the entire length of each median location (See Note 2) 5. Chamblee-Tucker Road Median Starting from I-285 to Presidential Pkwy (~ 1.5 miles) 16 1 bi-wkly $ $ 6. Flat Shoals Pkwy. Median Starting from Clifton Springs Rd. to Wesley Chapel Rd. (~ 2.1 miles) 16 1 bi-wkly $ $ Sub Total for Every Two-Week Maintenance Service for DeKalb County Medians = $ Page 25 of 94 Revised 02/19/2020 P&C ***COST PROPOSAL FORM MUST BE SUBMITTED IN A SEPARATE SEALED ENVELOPE OR PROPOSER WILL BE DEEMED NON-RESPONSIVE AND WILL NOT BE CONSIDERED FOR AWARD*** Item No. Description Qty Factor Units Unit Price Total 4C For the season between December 1 through March 31, once per month Maintenance Service as Specified under the Scope of Services, Item D, Landscaping Maintenance. Proposer indicates hereby the total price shall include all four (4) sides of each GDOT ramp for all four (4) locations: (See Note 1) 1. Candler Road @ I-20 Intersection (~ 1.84 ac) 4 1 mthly $ $ 2. Panola Road @ I-20 Intersection (~ 4.98 ac) 4 1 mthly $ $ 3. Wesley Chapel Road @ I-20 Intersection (~ 2.80 ac) 4 1 mthly $ $ 4. Chamblee-Tucker Road @ I-285 Intersection (~ 5.53 ac) 4 1 mthly $ $ Sub Total for monthly Maintenance Service for all four (4) GDOT Intersections / Ramps = 4 - $ 4D For the season between December 1 through March 31, monthly Maintenance Service as Specified under the Scope of Services, Item D, Landscaping Maintenance. Proposer indicates hereby the price shall include all planting areas along the entire length of each median location (See Note 2) 5. Chamblee-Tucker Road Median Starting from I-285 to Presidential Pkwy (~ 1.5 miles) 4 1 mthly $ $ 6. Flat Shoals Pkwy. Median Starting from Clifton Springs Rd. to Wesley Chapel Rd. (~ 2.1 miles) 4 1 mthly $ $ Sub Total for monthly Maintenance Service for DeKalb County Medians = $ 5 Weekly Litter/Debris Removal Service as Specified under the Scope of Services, Item E, Weekly Litter/Debris Removal. Proposer indicates hereby the weekly price per each location (See Notes 1 and 2) 1. Candler Road @ I-20 Intersection (~ 1.84 ac) 52 - wkly $ $ 2. Panola Road @ I-20 Intersection (~ 4.98 ac) 52 - wkly $ $ 3. Wesley Chapel Road @ I-20 Intersection (~ 2.80 ac) 52 - wkly $ $ 4. Chamblee-Tucker Road @ I-285 Intersection (~ 5.53 ac) 52 - wkly $ $ Page 26 of 94 Revised 02/19/2020 P&C ***COST PROPOSAL FORM MUST BE SUBMITTED IN A SEPARATE SEALED ENVELOPE OR PROPOSER WILL BE DEEMED NON-RESPONSIVE AND WILL NOT BE CONSIDERED FOR AWARD*** Description Qty Factor Units Unit Price Total 5. Chamblee-Tucker Road Median Starting from I-285 to Presidential Pkwy (~ 1.5 miles) 52 - wkly $ $ 6. Flat Shoals Pkwy. Median Starting from Clifton Springs Rd. to Wesley Chapel Rd. (~ 2.1 miles) 52 - wkly $ $ Sub Total for Weekly Litter/Debris Removal Service for GDOT Intersections / Ramps and DeKalb County Medians = $ 6 Replace twenty (20) percent of all proposed plant materials shall be included in the cost proposal. Item. 18 (See Note 3). 1. Candler Road @ I-20 Intersection (~ 1.84 ac) 0.2 1.00 - $ $ 2. Panola Road @ I-20 Intersection (~ 4.98 ac) 0.2 1.00 - $ $ 3. Wesley Chapel Road @ I-20 Intersection (~ 2.80 ac) 0.2 1.00 - $ $ 4. Chamblee-Tucker Road @ I-285 Intersection (~ 5.53 ac) 0.2 1.00 - $ $ 5. Chamblee-Tucker Road Median Starting from I-285 to Presidential Pkwy (~ 1.5 miles) 0.2 1.00 - $ $ 6. Flat Shoals Pkwy. Median Starting from Clifton Springs Rd. to Wesley Chapel Rd. (~ 2.1 miles) 0.2 1.00 - $ $ Sub Total for Weekly Litter/Debris Removal Service for GDOT Intersections / Ramps and DeKalb County Medians = $ 7 Contingency Budget = $ 250,000.00 GRAND TOTAL (Sum of Subtotals for Items 1, 2, 3A & B, 4A-D, 5, 6 and 7) = $ Page 27 of 94 Revised 02/19/2020 P&C ***COST PROPOSAL FORM MUST BE SUBMITTED IN A SEPARATE SEALED ENVELOPE OR PROPOSER WILL BE DEEMED NON-RESPONSIVE AND WILL NOT BE CONSIDERED FOR AWARD*** Notes: 1. The Proposer shall provide the individual lump sum costs for each of the four (4) GDOT interchange locations identified in the RFP for all the services (design, installation / enhancement, maintenance, weekly debris removal, and replacement cost that takes into the account the design(s) proposed in accordance with the Scope of Services. 2. The Proposer shall provide the individual lump sum costs for each of the two (2) DeKalb County Median locations identified in the RFP for all the services (design, installation / enhancement, maintenance, weekly debris removal, and replacement cost that takes into the account the design(s) proposed in accordance with the Scope of Services. 3. Actual compensation to the proposer will be based on actual plants replaced as part of routine maintenance and replacement activities, as agreed upon by all parties after contract award. Page 28 of 94 Revised 02/19/2020 P&C ATTACHMENT B PROPOSAL COVER SHEET NOTE: Read all instructions, conditions and specifications in detail before completing this Request for Proposal. Please complete and include this cover sheet with your technical proposal. Company Name Federal Tax ID# Complete Primary Address County City Zip Code Mailing Address (if different) City State Zip Code Contact Person Name and Title Telephone Number (include area code) Email Address Fax Number (include area code) Company Website Address Type of Organization (check one)  Corporation  Joint Venture Proprietorship Government Proposals for RFP 22-500636 for DeKalb County’s GDOT Gateways Landscaping Design, Installation, Enhancement, and Maintenance described herein will be received in the Purchasing & Contracting Department, Room 2nd Floor, The Maloof Center, 1300 Commerce Drive, Decatur, Georgia 30030 on February 28, 2023 until 3:00 p.m. (EST). Proposals shall be marked in accordance with the RFP, Section V.B. CAUTION: The Decatur Postmaster will not deliver certified or Special Delivery Mail to specific addresses within DeKalb County Government. When sending proposals or time sensitive documents, you may want to consider a courier that will deliver to specific offices at street addresses of office buildings with multiple offices. Proposal Cover Sheet should be signed by a representative of Proposer with the authority to bind Proposer to all terms, conditions, services, and financial responsibilities in the submitted Proposal. Authorized Representative Signature(s) Title(s) Type or Print Name(s) Date Page 29 of 94 Revised 02/19/2020 P&C ATTACHMENT C CONTRACTOR REFERENCE AND RELEASE FORM List below at least three (3) references, including company name, contact name, address, email address, telephone numbers and contract period who can verify your experience and ability to perform the type of service listed in the solicitation. Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name REFERENCE CHECK RELEASE STATEMENT You, the County, are hereby authorized to contact the references provided above for purposes of this RFP. Signed_______________________________________ Title___________________________ (Authorized Signature of Proposer) Company Name _____________________________________Date _____________________ Page 30 of 94 Revised 02/19/2020 P&C ATTACHMENT D SUBCONTRACTOR REFERENCE AND RELEASE FORM List below at least three (3) references, including company name, contact name, address, email address, telephone numbers and contract period who can verify your experience and ability to perform the type of service listed in the solicitation. Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name Company Name Contract Period Contact Person Name and Title Telephone Number (include area code) Complete Primary Address City State Zip Code Email Address Fax Number (include area code) Project Name REFERENCE CHECK RELEASE STATEMENT You, the County, are hereby authorized to contact the references provided above for purposes of this RFP. Signed_______________________________________ Title___________________________ (Authorized Signature of Proposer) Company Name _____________________________________Date _____________________ Page 31 of 94 Revised 02/19/2020 P&C ATTACHMENT E DEKALB FIRST LSBE INFORMATION WITH EXHIBITS A – B SCHEDULE OF LOCAL SMALL BUSINESS ENTERPRISE PARTICIPATION OPPORTUNITY TRACKING FORM The Chief Executive Officer and the Board of Commissioners of DeKalb County believe that it is important to encourage the participation of small and local businesses in the continuing business of County government; and that the participation of these types of businesses in procurement will strengthen the overall economic fabric of DeKalb County, contribute to the County’s economy and tax base, and provide employment to local residents. Therefore, the Chief Executive Officer and the Board of Commissioners have made the success of local small businesses a permanent goal of DeKalb County by implementing the DeKalb First Local Small Business Enterprise Ordinance. PROVISIONS OF DEKALB FIRST LOCAL SMALL BUSINESS ENTERPRISE (LSBE) ORDINANCE Percentage of LSBE Participation Required 20% of Total Award Certification Designation Request For Proposals (RFP) LSBE Within DeKalb (LSBE-DeKalb) Ten (10) Preference Points LSBE Outside DeKalb (LSBE-MSA) Five (5) Preference Points Demonstrated GFE Two (2) Preference Points Certified Local Small Business Enterprises (LSBEs) located within DeKalb County and prime contractors utilizing LSBEs that are locally-based inside DeKalb County shall receive ten (10) points in the initial evaluation of their response to any Request for Proposal. Certified LSBEs located outside of DeKalb County but within the nine (9) County Metropolitan Statistical Area (MSA) consisting of Cherokee, Clayton, Cobb, Douglas, Fayette, Fulton, Gwinnett, Henry and Rockdale Counties shall receive five (5) points in the initial evaluation of their response to any Request for Proposal. Prime Contractors who demonstrate sufficient good faith efforts in accordance with the requirements of the ordinance shall be granted two (2) points in their initial evaluation of responses to any Request for Proposal. Pro-rated points shall be granted where a mixture of LSBE-DeKalb and LSBE MSA firms are utilized. Utilization of each firm shall be based upon the terms of the qualified sealed solicitation. Prime Contractor(s) deemed responsible and remains responsive to an Invitation to Bid (ITB) because they are either a certified LSBE-DeKalb or LSBE-MSA firm or has obtained 20% participation of an LSBE-DeKalb or LSBE-MSA firm, submits the lowest bid price shall be deemed the lowest, responsive and responsible bidder. Prime Contractor(s) deemed responsible and remains responsive to an Invitation to Bid (ITB) and documented good faith efforts, submits a lower bid price than a Prime Contractor that achieved 20% Page 32 of 94 Revised 02/19/2020 P&C LSBE participation, or otherwise required benchmark, then the Prime Contractor who actually met the benchmark will be given the opportunity to match the lowest bid price of the Prime Contractor who only made good faith efforts. Prime Contractor(s) who choose not to match the lowest bid price, then the Prime Contractor who made the good faith efforts will be deemed the lowest, responsive and responsible bidder. For all qualified sealed solicitations, the Director of Purchasing and Contracting, DeKalb County Government, shall determine if the bidder/proposer has included written documentation showing that at least twenty percent (20%) of the total contract award will be performed by a certified LSBE. This written documentation shall be in the form of a notarized Schedule of LSBE Participation (Attached hereto as “Exhibit A”.) For all contracts, a signed letter of intent from all certified LSBEs describing the work, material, equipment and/or services to be performed or provided by the LSBE(s) and the agreed upon percentage shall be due with the bid or proposal documents and included with “Exhibit A”. The certified vendor list establishes the group of Certified LSBE’s from which the bidder/proposer must solicit subcontractors for LSBE participation. This list can be found on our website http://www.dekalbcountyga.gov/purchasing-contracting/about-purchasing-and-contracting or obtained from the Special Projects LSBE Program team. Prime Contractors failing to meet the LSBE benchmark must document and demonstrate Good Faith Efforts in accordance with the attached “Checklist for Good Faith Efforts” portion of “Exhibit A.” The notarized Schedule of LSBE Participation shall be due and submitted with each bid or proposal. Failure to achieve the LSBE benchmark or demonstrate good faith efforts shall result in a bid or proposal being rejected. Prime Contractors that fail to attend the mandatory LSBE meeting in person or via video conference shall mean that the Prime Contractor has not demonstrated sufficient good faith efforts and its bid or proposal if submitted, shall be deemed non-responsive without any further review. Upon award, Prime Contractors are required to submit a report detailing LSBE Sub-Contractor usage with each request for payment and not less than on a monthly basis. Prime Contractors shall ensure that all LSBE sub-contractors have been paid within seven (7) days of the Prime’s receipt of payment from the County. Failure to provide requested reports/documentation shall constitute a material breach of contract, entitling the County to terminate the Contract for default or pursue other remedies. LSBE sub- contractors must confirm payments received from the Prime(s) for each County contract they participate in. For eligible bids/proposals valued over $5,000,000.00, the Mentor-Protégé provision of the Ordinance shall apply. Prime Contractors must agree to become mentors and take on an LSBE protégé in an effort to enhance the potential of future LSBEs. Qualifying projects shall be performed by both Mentor and Protégé through a subcontract between both parties. This requirement is in addition to all other applicable sections of the DeKalb First Ordinance. Please review the ordinance, section 2-214 for detailed information regarding this initiative. Page 33 of 94 http://www.dekalbcountyga.gov/purchasing-contracting/about-purchasing-and-contracting Revised 02/19/2020 P&C EXHIBIT A SCHEDULE OF DEKALB FIRST LOCAL SMALL BUSINESS ENTERPRISE PARTICIPATION OPPORTUNITY TRACKING FORM As specified, Bidders and Proposers are to present the details of LSBE participation below: PRIME BIDDER PROPOSER:___________________________________________________________ SOLICITATION NUMBER: RFP 22-500636 TITLE OF UNIT OF WORK: DeKalb County’s GDOT Gateways Landscaping Design, Installation, Enhancement, and Maintenance 1. My firm, as the prime bidder/proposer on this unit of work, is a certified (check all that apply): ____LSBE-DeKalb ____LSBE-MSA 2. If you are a Certified LSBE-DeKalb or MSA, please indicate below the percentage of that your firm will carry out directly: ____________________________________. 3. If the prime bidder/proposer is a joint venture, please describe below the nature of the joint venture and level of work and percentage of participation to be provided by the LSBE-DeKalb or MSA joint venture firm. ________________________________________________________________________ ________________________________________________________________________ 4. List the LSBE-DeKalb or MSA subcontractors and/or firms (including suppliers) to be utilized in of this contract, if awarded. No changes can be made in the subcontractors listed below without the prior written approval of the County. Please attach a signed letter of intent from all certified LSBEs describing the work, materials, equipment or services to be performed and/or provided and the agreed upon percentage of work to be performed. A Letter of Intent form is attached hereto as “Exhibit B”. Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed Page 34 of 94 Revised 02/19/2020 P&C Percentage of work to be performed Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed Percentage of work to be performed Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed Percentage of work to be performed Name of Company Address Telephone Fax Contact Person Indicate certification status and attach proof of certification: LSBE-DeKalb/LSBE-MSA Description of services to be performed Percentage of work to be performed Please attach additional pages, if necessary. Page 35 of 94 Revised 02/19/2020 P&C EXHIBIT A, CONT’D DEKALB COUNTY CHECKLIST FOR GOOD FAITH EFFORTS A bidder/proposer that does not meet the County’s LSBE participation benchmark is required to submit documentation to support all “Yes” responses as proof of “good faith efforts.” Please indicate whether or not any of these actions were taken: Yes No Description of Actions 1. Prime Contractors shall attend a MANDATORY LSBE Meeting via video conference within two-weeks of advertisement of the solicitation. 2. Provide a contact log showing the company’s name, contact person, address, email and contact number (phone or fax) used to contact the proposed certified subcontractors, nature of work requested for quote, date of contact, the name and title of the person making the effort, response date and the percentage of work. 3. Provide interested LSBEs via email, of any new relevant information, if any, at least 5 business days prior to submission of the bid or proposal. 4. Efforts made to divide the work for LSBE subcontracting areas likely to be successful and to identify portions of work available to LSBEs consistent with their availability. Include a list of divisions of work not subcontracted and the corresponding reasons for not including them. The ability or desire of a bidder/proposer to perform the contract work with its own organization does not relieve it of the responsibility to make good faith efforts on all scopes of work subject to subcontracting. 5. Efforts were made to assist potential LSBE subcontractors meet bonding, insurance, or other governmental contracting requirements. Where feasible, facilitating the leasing of supplies or equipment when they are of such a specialized nature that the LSBE could not readily and economically obtain them in the marketplace. 6. Communication via email or phone with DeKalb First Program Staff seeking assistance in identifying available LSBEs. Provide DeKalb First Program Staff representative name and title, and date of contact. 7. For all contracts, a signed letter of intent from all certified LSBEs describing the work, materials, equipment or services to be performed or provided by the LSBE(s) and the agreed upon LSBE participation percentage shall be due with the bid or proposal documents. 8. Other Actions, to include Mentor/Protégé commitment for solicitations $5M and above (specify): Please explain all “no” answers above (by number): Page 36 of 94 Revised 02/19/2020 P&C This list is a guideline and by no means exhaustive. The County will review these efforts, along with attached supporting documents, to assess the bidder/proposer’s efforts to meet the County’s LSBE Participation benchmark. If you require assistance in identifying certified, bona fide LSBEs, please contact the Purchasing and Contracting Department - DeKalb First Program at DeKalbFirstLSBE@dekalbcountyga.gov. Page 37 of 94 mailto:DeKalbFirstLSBE@dekalbcountyga.gov Revised 02/19/2020 P&C EXHIBIT A, CONT’D DEKALB FIRST LOCAL SMALL BUSINESS ENTERPRISE SCHEDULE OF PARTICIPATION OPPORTUNITY TRACKING FORM Bidder/Proposer Statement of Compliance Bidder(s)/Proposer(s) hereby state that they have read and understand the requirements and conditions as set forth in the objectives and that reasonable effort were made to support the County in providing the maximum practicable opportunity for the utilization of LSBEs consistent with the efficient and economical performance of this contract. The Bidder and any subcontractors shall file compliance reports at reasonable times and intervals with the County in the form and to the extent prescribed by the Director of DeKalb County Purchasing and Contracting Department. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of Contractors and their subcontractors. 1. Non-Discrimination Policy a. During the performance of this agreement, Contractor agrees to conform to the following Non-Discrimination Policy adopted by the County. b. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or disability. The Contractor will take action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, national origin, or disability. Such action shall include, but not be limited to, the following: (1) Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth provisions of this non-discrimination clause. (2) Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or disability. c. Without limiting the foregoing, Contractor shall not discriminate on the basis of disability in the admission or access to, or treatment or employment in, the programs and activities, which form the subject of the contract. The Contractor will take action to ensure that applicants for participation in such programs and activities are considered without regard to disability. Such action shall include, but not be limited to, the following: (1) Contractor agrees to post in conspicuous places available to participants in its programs and activities notices to be provided setting forth the provisions of this non-discrimination clause. Page 38 of 94 Revised 02/19/2020 P&C (2) Contractor shall, in all solicitations or advertisements for programs or activities, which are the subject of the contract, state that all qualified applicants will receive consideration for participation without regard to disability. 2. Commitment The undersigned certifies that he/she has read, understands, and agrees to be bound by the bid specifications, including the accompanying Exhibits and other terms and conditions of the Invitation to Bid and/or Request for Proposal regarding LSBE utilization. The undersigned further certifies that he/she is legally authorized by the bidder or responder to make the statements and representations in Exhibit A and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s) with the LSBE(s) listed in this Exhibit A, which are deemed by the owner to be legitimate and responsible LSBEs. Said agreement(s) shall be for the work and contract with the Prime Contractor. The undersigned understands and agrees that if any of the statements and representations are made by the Bidder knowing them to be false, or if there is a failure of the successful Bidder (i.e., Contractor) to implement any of the stated agreements, intentions, objectives, goals and commitments set forth herein without prior approval of the County, then in any such events the contractor’s act or failure to act, as the case may be, shall constitute a material breach of contract, entitling the County to terminate the Contract for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights and remedies the County may have for other defaults under the Contract. Additionally, the Contractor will be subject to the loss of any future contract awards by the County for a period of one year. Firm Name (Please Print): _________________________________________________________________ Firm’s Officer: ________________________________________________________________ (Authorized Signature and Title Required) Date Sworn to and Subscribed to before me this ____ day of_______________, 202__. _________________________________________________________________ Notary Public My Commission Expires:_____________________________________________ Page 39 of 94 Revised 02/19/2020 P&C EXHIBIT B LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR PROVIDING MATERIALS OR SERVICES Instructions: 1. Complete the form in its entirety and submit with proposal documents. 2. Attach a copy of the LSBE’s current valid Certification Letter. To:__________________________________________________________________________ (Name of Prime Contractor Firm) From: ________________________________________ Υ LSBE –DeKalb Υ LSBE –MSA (Name of Subcontractor Firm) (Check all that apply) ITB Number: 22-500636 Project Name: DeKalb County’s GDOT Gateways Landscaping Design, Installation, Enhancement, and Maintenance The undersigned subcontractor is prepared to perform the following described work or provide materials or services in connection with the above project (specify in detail particular work items, materials, or services to be performed or provided). Description of Materials or Services Project/Task Assignment % of Contract Award Prime Contractor Sub-contractor Signature:_________________________ Signature:______________________________ Title:_____________________________ Title:__________________________________ Date:_____________________________ Date: __________________________________ Page 40 of 94 SAMPLE ATTACHMENT F SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES DEKALB COUNTY, GEORGIA THIS AGREEMENT made as of this ____day of _____, 20___, (hereinafter called the “execution date”) by and between DEKALB COUNTY, a political subdivision of the State of Georgia (hereinafter referred to as the “County”), and ____________________, a corporation organized and existing under the laws of the State of __________, with offices in __________ __________, __________ (hereinafter referred to as “Contractor”), shall constitute the terms and conditions under which the Contractor shall provide _______________________ in DeKalb County, Georgia. WITNESSETH: That for and in consideration of the mutual covenants and agreements herein set forth, the County and the Contractor hereby agree as follows: ARTICLE I. CONTRACT TERM The Contractor shall commence the Work under this Contract within ten (10) days from the acknowledgement of receipt of the Notice to Proceed. As required by O.C.G.A §36-60-13, this Contract shall (i) terminate without further obligation on the part of the County each and every December 31st, as required by O.C.G.A. § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of this Contract; (ii) automatically renew on each January 1st, unless terminated in accordance with the termination provisions of this Contract; and (iii) terminate absolutely, with no further renewals, on December 31, 20XX, unless extended by Change Order adopted and approved by the DeKalb County Governing Authority and the Contractor in accordance with the terms of this Contract. ARTICLE III. PAYMENT As full payment for the faithful performance of this Contract, the County shall pay the Contractor, the Contract Price, which is an amount not to exceed ______________ ($__________), unless changed by written Change Order in accordance with the terms of this Contract. The term “Change Order” includes the term “amendment” and shall mean a written order authorizing a change in the Work, and an adjustment in Contract Price to Contractor or the Contract Term, as adopted and approved by the Contractor and the DeKalb County Governing Authority, or the Chief Executive Officer, if exempted from Governing Authority adoption and approval in accordance with the express terms of this Contract. The Chief Executive Officer or his/her designee shall have the authority to approve and execute a Change Order lowering the Contract Price or increasing the Contract Price up to twenty percent (20%) of the original Contract Price, provided that the total amount of the increase authorized by such Change Order is less than $100,000.00. If the original Contract or Purchase Order Price does not exceed $100,000.00, but the Change Order will make the total Contract Price exceed $100,000.00, then the Change Order will require approval by official action of the Governing Authority. Any other increase of the Contract Price shall be by Change Order adopted and approved by the DeKalb County Governing Authority and the Contractor in accordance with the terms of this Contract. Amounts paid to the Contractor shall comply with and not exceed Attachment A, the Contractor’s Cost Proposal, consisting of ______ page(s) attached hereto and incorporated herein by reference. Payment is to be made no later than thirty (30) days after submittal of undisputed invoice. Invoice(s) must be submitted as follows: A. Original invoice(s) must be submitted to: DeKalb County, Georgia Attention: “{Department}” Page 41 of 94 SAMPLE Revised 11/09/2020 P&C ________________________ ________________________ B. Upon award, Prime Contractor(s) with Local Small Business Enterprise (LSBE) Subcontractor(s) shall enter utilization reports electronically at www.dekalblsbe.info. Proof of payment to the LSBE Subcontractor must be uploaded and submitted. LSBE Subcontractors shall confirm receipt of payment from the Prime, electronically also, at www.dekalblsbe.info ARTICLE IV. STATEMENT OF WORK The Contractor agrees to provide all services in accordance with the County’s Request for Proposals (RFP) No. 22-500636 for DeKalb County GDOT Gateways Landscaping Design, Installation, Enhancement, and Maintenance, attached hereto as Appendix I and incorporated herein by reference, and the Contractor’s response thereto, attached hereto as Appendix II and incorporated herein by reference. The Contractor’s services shall include all things, personnel, and materials necessary to accomplish specific assignment(s) authorized by the County. Specific Work Authorizations will have precedence over any interpretation within the Contract. ARTICLE V. GENERAL CONDITIONS A. Accuracy of Work The Contractor shall be responsible for the accuracy of the Work and any error and/or omission made by the Contractor in any phase of the Work under this Agreement. B. Additional Work The County shall in no way be held liable for any work performed under this section which has not first been approved in writing by the County in the manner required by applicable law and/or the terms of this Contract. The County may at any time order changes within the scope of the Work without invalidating the Contract upon seven (7) days written notice to the Contractor. The Contractor shall proceed with the performance of any changes in the Work so ordered by the County unless such change entitles the Contractor to a change in Contract Price, and/or Contract Term, in which event the Contractor shall give the County written notice thereof within fifteen (15) days after the receipt of the ordered change, and the Contractor shall not execute such changes until it receives an executed Change Order from the County. No extra cost or extension of time shall be allowed unless approved by the County and authorized by execution of a Change Order. The parties’ execution of any Change Order constitutes a final settlement of all matters relating to the change in the Work which is the subject of the Change Order. The County shall not be liable for payment for any work performed under this section which has not first been approved in writing by the County in the manner required by applicable law and/or the terms of this Contract. C. Ownership of Documents All documents, including drawings, estimates, specifications, and data are and remain the property of the County. The Contractor agrees that the County may reuse any and all plans, specifications, drawings, estimates, or any other data or documents described herein in its sole discretion without first obtaining permission of the Contractor and without any payment of any monies to the Contractor therefore. However, any reuse of the documents by the County on a different site shall be at its risk and the Contractor shall have no liability where such documents are reused. D. Right to Audit The County shall have the right to audit all books and records, including electronic records, relating or pertaining to this contract or agreement, including but not limited to all financial and performance related records, property, and equipment purchased in whole or in part with County funds and any documents or materials which support those records, kept under the control of the Contractor, including but not limited to those kept by the Contractor’s employees, agents, assigns, successors and subcontractors. The County also has the right to communicate with Contractor’s employees related to the audited records. The Contractor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this contract and for seven (7) years after termination or expiration, including any and all renewals thereof. The books and records, together with supporting documents and materials shall be made available, upon request to the County or its designee, during normal Page 42 of 94 http://www.dekalblsbe.info/ http://www.dekalblsbe.info/ SAMPLE Revised 11/09/2020 P&C business hours at the Contractor’s office or place of business. In the event that no such location is available, then the books, records, and supporting documents shall be made available for audit at a time and location which is convenient for the County. E. Successors and Assigns The Contractor agrees it shall not sublet, assign, transfer, pledge, convey, sell, or otherwise dispose of the whole or any part of this Contract or his right, title, or interest therein to any person, firm, or corporation without the previous written consent of the County. If the County consents to any such assignment or transfer, then the Contractor binds itself, its partners, successors and assigns to all covenants of this Contract. Nothing contained in this Contract shall create, nor be interpreted to create privity, or any other relationship whatsoever, between the County and any person, or entity other than Contractor. F. Reviews and Acceptance Work performed by the Contractor shall be subject to review and acceptance in stages as required by the County. Acceptance shall not relieve the Contractor of its professional obligation to correct, at his own expense, any errors in the Work. G. Termination of Agreement The Contractor understands and agrees that the date of the beginning of Work, rate of progress, and time for completion of the Work are essential conditions of this Contract. The County may, for its own convenience and at its sole option, without cause and without prejudice to any other right or remedy of County, elect to terminate the Contract by delivering to the Contractor, at the address listed in the Notices article of this Contract, a written notice of termination specifying the effective date of termination. Such notice shall be delivered to Contractor at least thirty (30) days prior to the effective date of termination. If Contractor’s services are terminated by the County, the termination will not affect any rights or remedies of the County then existing or which may thereafter accrue against Contractor or its surety. In case of termination of this Contract before completion of the Work, Contractor will be paid only for the portion of the Work satisfactorily performed through the effective date of termination as determined by the County. Neither party shall be entitled to recover lost profits, special, consequential or punitive damages, attorney’s fees or costs from the other party to this Contract for any reason whatsoever. This Contract shall not be deemed to provide any third-party with any remedy, claim, right of action, or other right. The parties’ obligations pursuant to this Section shall survive any acceptance of Work, or termination or expiration of this Contract. H. Indemnification Agreement The Contractor shall be responsible from the execution date or from the time of the beginning of the Work, whichever shall be the earlier, for all injury or damage of any kind resulting from the Work, to persons or property, including employees and property of the County. The Contractor shall exonerate, indemnify, and save harmless the County, its elected officials, officers, employees, agents and servants, hereinafter collectively referred to in this Section as “the County Indemnitees,” from and against all claims or actions based upon or arising out of any damage or injury (including without limitation any injury or death to persons and any damage to property) caused by or sustained in connection with the performance of this Contract or by conditions created thereby or arising out of or in any way connected with Work performed under this Contract, as well as all expenses incidental to the defense of any such claims, litigation, and actions. Furthermore, Contractor shall assume and pay for, without cost to the County Indemnitees, the defense of any and all claims, litigation, and actions suffered through any act or omi