CITY OF ALPHARETTA REQUEST FOR PROPOSAL

CITY OF ALPHARETTAREQUEST FOR PROPOSAL(THIS IS NOT AN ORDER)Issue Date:April 26, 2012RFP Due Date and Time:May 24, 20122:00 PM, Local TimeRFP Number:12-111RFP Title: Downtown City Center:Geotechnical, Materials Testing,and Environmental ServicesNumber of Pages:57 pagesCONTACT INFORMATIONProcurement Agent and Contactfor this RFP: Debora Westbrookdwestbrook@alpharetta.ga.usProcurement Officer: Thomas G. HarrisCity of AlpharettaFinance DepartmentBudget & Procurement2970 Webb Bridge RoadAlpharetta, GA 30009Phone: 678-297-6052Fax: 678-297-6063Website: http://www.alpharetta.ga.usReturn Sealed Proposal to:City of AlpharettaFinance DepartmentBudget & Procurement2970 Webb Bridge RoadAlpharetta, GA 30009(See Parking Information Section 1.0.1)INSTRUCTIONS TO OFFERORSMark Face of Sealed Envelope/Package:Offeror’s Name and AddressRFP Name & NumberRFP Due Date & TimeSpecial Instructions:IMPORTANT: SEE STANDARD TERMS AND CONDITIONSOFFERORS MUST COMPLETE THE FOLLOWINGOfferor Name/Mailing Address:Authorized Offeror Signatory:Offeror Phone Number(s):(Please print name and sign in ink)Offeror FAX Number:Offeror Federal I.D. Number:Offeror E-mail Address:OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSERevised 3/12

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesTABLE OF CONTENTSTABLE OF CONTENTS ............................................................................................................................... 2OFFEROR’S RFP CHECKLIST ................................................................................................................... 5SCHEDULE OF EVENTS ............................................................................................................................. 6PROJECT OVERVIEW ................................................................................................................................. 7SECTION 1: RFP INSTRUCTIONS .............................................................................................................. 81.0 SINGLE POINT OF CONTACT .................................................................................................. 81.0.1 Parking Information ................................................................................... 81.1 REQUIRED REVIEW ............................................................................................................... 81.1.1 Review RFP .............................................................................................. 81.1.2 Addenda .................................................................................................... 81.1.3 Form of Questions .................................................................................... 81.1.4 City’s Answers........................................................................................... 81.2 SECTION NOT USED ............................................................................................................. 91.3 SUBMITTING A SEALED PROPOSAL ........................................................................................ 91.3.1 Organization of Proposal .......................................................................... 91.3.2 Failure to Comply with Instructions ......................................................... 101.3.3 Multiple Proposals ................................................................................... 101.3.4 Cost Proposal Form ................................................................................ 101.3.5 Standard Forms ...................................................................................... 101.3.6 Standard Contract ................................................................................... 101.3.7 Copies Required and Deadline for Receipt of Sealed Proposals ........... 111.3.8 Late Submissions, Withdrawals, and Corrections .................................. 111.3.9 Notice of “No Bid” .................................................................................... 121.4 OFFEROR'S CERTIFICATION ................................................................................................. 121.4.1 Understanding of Specifications and Requirements ............................... 121.4.2 Offeror’s Signature .................................................................................. 121.4.3 Offer in Effect for 120 Days ..................................................................... 121.5 COST OF PREPARING A PROPOSAL ...................................................................................... 121.5.1 City Not Responsible for Preparation Costs ........................................... 121.5.2 All Timely Submitted Materials Become City Property ........................... 13SECTION 2: RFP RECEIPT AND EVALUATION PROCESS ................................................................... 132.0 AUTHORITY ........................................................................................................................ 132.1 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION ............................................................... 142.1.1 Public Information ................................................................................... 142.1.2 Procurement Agent’s Review of Proposals ............................................ 142.2 CLASSIFICATION AND EVALUATION OF PROPOSALS ............................................................... 142.2.1 Initial Classification of Proposals as Responsive or Nonresponsive ...... 142.2.2 Determination of Responsibility .............................................................. 142.2.3 Evaluation of Proposals .......................................................................... 142.2.4 Completeness of Proposals .................................................................... 152.2.5 Achieve Passing Ranking ....................................................................... 152.2.6 Opportunity for Discussion/Negotiation and/or Oral Presentation/ ProductDemonstration ......................................................................................... 152.2.7 Best and Final Offer ................................................................................ 152.2.8 Evaluation Committee Recommendation for Award ............................... 15Page: 2 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental Services2.2.9 Negotiation .............................................................................................. 152.2.10 Contract Award ....................................................................................... 152.3 VENDOR REGISTRATION ...................................................................................................... 162.4 TOBACCO AND SMOKING ..................................................................................................... 162.5 CITY’S RIGHTS RESERVED .................................................................................................. 16SECTION 3: SCOPE OF PROJECT/SPECIFICATIONS ........................................................................... 173.0 CITY’S INTENT .................................................................................................................... 173.0.1 GENERAL INFORMATION: ............................................................................ 173.0.2 LOCATION: ...................................................................................................... 173.0.3 PROJECT DESCRIPTION: ............................................................................. 173.0.4 PROJECT ORGANIZATION: ........................................................................... 183.1 SCOPE OF PROJECT ............................................................................................................ 183.1.1 Basic Services: ................................................................................................ 183.1.2 Phase 1 Environmental Site Assessment: ....................................................... 193.1.3 Geotechnical Exploration / Investigation: ........................................................ 193.1.4 Geotechnical Report: ....................................................................................... 203.1.5 Subsurface Utility Location: ............................................................................. 203.1.6 Construction Materials Testing and Special Inspection Services .................... 203.2 REQUIRED INFORMATION ..................................................................................................... 213.2.1 PROPOSAL REQUIREMENTS: ...................................................................... 213.2.2 PROPOSAL ORGANIZATION: ........................................................................ 233.2.3 SELECTION PROCESS: ................................................................................. 24SECTION 4: NOT USED ............................................................................................................................ 25SECTION 5: COST PROPOSAL ................................................................................................................ 26SECTION 6: EVALUATION CRITERIA ..................................................................................................... 276.0 EVALUATION CRITERIA ........................................................................................................ 27EVALUATION FORM ................................................................................................ 28SECTION 7: TERMS AND CONDITIONS .................................................................................................. 297.0 ADDITIONAL CONTRACT PROVISIONS AND TERMS ................................................................. 297.1 PERFORMANCE PRIOR TO CONTRACT EXECUTION ................................................................ 297.2 CONTRACT TERM ............................................................................................................... 297.3 SUBCONTRACTORS ............................................................................................................. 297.4 SECTION NOT USED ............................................................................................................ 297.5 GENERAL INSURANCE REQUIREMENTS ................................................................................ 297.6 COMPLIANCE WITH WORKERS’ COMPENSATION ACT ............................................................ 307.7 COMPLIANCE WITH ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT ACT ......................... 317.7.1 E-Verify Program .................................................................................... 317.7.2 SAVE Program ........................................................................................ 327.8 COMPLIANCE WITH LAWS .................................................................................................... 327.9 SUBSTITUTIONS AND CHANGE ORDERS ............................................................................... 327.10 CONTRACT TERMINATION .................................................................................................... 337.11 INVOICING AND PAYMENT .................................................................................................... 337.12 MISCELLANEOUS ................................................................................................................ 33APPENDIX A: STANDARD FORMS .......................................................................................................... 34CITY OF ALPHARETTA DISCLOSURE FORM ......................................................................................... 35AFFIDAVIT VERIFYING CONTRACTOR PARTICIPATION IN FEDERAL WORK AUTHORIZATION PROGRAM (E-VERIFY/I-9) ...................................................................................................................................... 36Page: 3 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesAFFIDAVIT VERIFYING SUBCONTRACTOR PARTICIPATION IN FEDERAL WORK AUTHORIZATION PROGRAM(E-VERIFY/I-9) ................................................................................................................................. 36AFFIDAVIT VERIFYING SUB-SUBCONTRACTOR PARTICIPATION IN FEDERAL WORK AUTHORIZATIONPROGRAM (E-VERIFY/I-9)................................................................................................................. 38AFFIDAVIT VERIFYING LEGAL IMMIGRATION STATUS (SAVE PROGRAM) .............................................. 39REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION ............................................. 40NOTICE OF “NO BID” FORM ............................................................................................................... 41APPENDIX B: STANDARD CONTRACT .................................................................................................. 42APPENDIX C: CITY OF ALPHARETTA TAX FORMS ............................................................................. 48APPENDIX D: COMBINED PARCEL SURVEY........................................................................................ 50APPENDIX E: FEE PROPOSAL – RFP 12-110 ....................................................................................... 51APPENDIX F: PROJECT SCHEDULE ..................................................................................................... 55APPENDIX G: UST INFORMATION ......................................................................................................... 56Page: 4 of 57

City of Alpharetta, GAOFFEROR’S RFP CHECKLISTRFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesThe 10 Most Critical Things to Keep in MindWhen Responding to an RFP for the City of Alpharetta1. _______ Read the entire document. Note critical items such as: supplies/servicesrequired; submittal dates; number of copies required for submittal; contractrequirements (e.g. bonding and insurance requirements); etc.2. _______ Note the Procurement Agent's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate withregarding the RFP and is an excellent source of information.3. _______ Attend the pre-proposal conference if one is offered. These conferencesprovide an opportunity to ask clarifying questions, obtain a betterunderstanding of the project, or to notify the City of any ambiguities,inconsistencies, or errors in the RFP. This conference may be mandatory.4. _______ Take advantage of the “question and answer” period. Submit yourquestions to the Procurement Agent by the due date listed in the Schedule ofEvents and view the answers given in the formal “addenda” issued for theRFP. All addenda issued for an RFP are posted on the City’s website and willinclude all questions asked and answered concerning the RFP.5. _______ Follow the format required in the RFP when preparing your response.Provide point-by-point responses to all sections in a clear and concisemanner.6. _______ Provide complete answers/descriptions. Read and answer all questionsand requirements. Don’t assume the City or evaluation committee will knowwhat your company capabilities are or what items/services you can provide,even if you have previously contracted with the City. The proposals areevaluated based solely on the information and materials provided in yourresponse.7. _______ Use the forms provided, e.g. cover page, cost proposal form, standardforms, etc.8. _______ Check the City website for RFP addenda. Before submitting yourresponse, check the City website at http://www.alpharetta.ga.us to seewhether any addenda were issued for the RFP. If so, you must submit asigned cover sheet for each addendum issued along with your RFPresponse.9. _______ Review and read the RFP document again to make sure that you haveaddressed all requirements. Your original response and the requested copiesmust be identical and complete. The copies are provided to the evaluationcommittee members and will be used to rank your response.10. _______ Submit your response on time. Note all the dates and times listed in theSchedule of Events and within the document, and be sure to submit allrequired items on time. Late proposal responses will not be accepted.This checklist is provided for assistance only and should not be submitted with Offeror’sResponse.Page: 5 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesSCHEDULE OF EVENTSEVENTDATERFP Issue Date ........................................................................................... April 26, 2012Deadline for Receipt of Written Questions ................................... May 14, 2012, 4:00 PMDeadline for Posting of Written Answers to City Website ............. May 18, 2012, 5:00PMRFP Response Due Date ............................................................. May 24, 2012, 2:00 PMPage: 6 of 57

City of Alpharetta, GAPROJECT OVERVIEWRFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesThe City of Alpharetta (hereinafter “City”) is soliciting proposals from a qualified firms thatspecialize in geotechnical testing, materials testing, inspections, laboratory testing, engineering,environmental, and professional services for projects of the specific type described herein.These services are intended to ensure the City receives a high-quality Downtown City Centerproject on time and within budget. The project will consist of a 22-acre campus featuring anew City Hall, a new public Parking Garage, a new 5-acre Park/Green space, a Town Green,and space for future private development and associated infrastructure.The vision for this project “is of a vibrant environment of parks and civic space that will serve asa gathering space for our citizens.” The City would like the project to become a catalyst toactivate the downtown area, including current and future retail and attract private sectordevelopers for additional commercial development on the project site. It is envisioned to be apedestrian friendly, multi-modal safe environment that is environmentally conscious.The geotechnical contractor shall provide field inspection and testing services for the Citybased on a combination of unit prices and lump sum quotes, until such time that the scope canbe further defined. Once further defined, the selected firm will be required to provide budgetsfor the work using the unit rates submitted with the cost proposal of this RFP. The geotechnicalcontractor shall provide professional services as required to support the schedule of the project,utilizing personnel with professional certifications in all relevant fields that they are involved withon the project. The geotechnical contractor shall provide engineers registered in the State ofGeorgia to certify all work and to write all recommendations and reports.Page: 7 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesSECTION 1: RFP INSTRUCTIONS1.0 Single Point of ContactFrom the date this Request for Proposal (the “RFP”) is issued until an Offeror is selected andthe selection is announced by the Procurement Officer, Offerors are not allowed tocommunicate with any City staff or elected officials regarding this procurement, exceptat the direction of Debora Westbrook, the Procurement Agent in charge of the solicitation.Any unauthorized contact may disqualify the Offeror from further consideration. Contactinformation for the single point of contact is as follows:Procurement Agent: Debora WestbrookAddress:2970 Webb Bridge RoadAlpharetta, GA 30009Telephone Number: 678-297-6052Fax Number: 678-297-6063E-mail Address:dwestbrook@alpharetta.ga.us1.0.1 Parking Information: Parking is provided at 2970 Webb Bridge Road (City lot)along the edge of the property. You may park in any open space except those designatedby a reserved sign or designated as spaces for the disabled (use requires display ofdisabled persons parking placard – hang tag). In the event that spaces are not available inthe City lot, overflow parking is available next door at St. James United Methodist Church.When using the Church lot, please park along the side adjacent to the City lot. Werequest that you not walk through the landscaping between the two lots, but use thesidewalk to walk around to the City lot. Do Not Block access to or from the Fire Station.1.1 Required Review1.1.1 Review RFP: Offerors should carefully review this RFP in its entirety includingall instructions, requirements, specifications, and terms/conditions and promptly notify theProcurement Agent, identified above, in writing or via e-mail of any ambiguity,inconsistency, unduly restrictive specifications, or error which may be discovered uponexamination of this RFP.1.1.2 Addenda: The City may revise this RFP by issuing an addendum prior to itsopening. The addendum will be posted on the City’s website alongside the posting of theRFP at http://www.alpharetta.ga.us. Addenda will become part of the proposal documentsand subsequent contract. Offerors must sign and return any addendum with their RFPresponse. Failure to propose in accordance with an addendum may be cause forrejection. In unusual circumstances, the City may postpone an opening in order to notifyvendors and to give Offerors sufficient time to respond to the addendum.1.1.3 Form of Questions: Offerors with questions or requiring clarification orinterpretation of any section within this RFP must address these questions in writing or viae-mail to the Procurement Agent referenced above on or before 4:00 PM, May 14, 2012.Each question must provide clear reference to the section, page, and item in question.Questions received after the deadline may not be considered.1.1.4 City’s Answers: The City will provide by 5:00 PM, May 18, 2012, an officialwritten answer to all questions received within the period stipulated under Section 1.1.3.Page: 8 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesThe City's response will be by formal written addendum. Any other form of interpretation,correction, or change to this RFP will not be binding upon the City. Any formal writtenaddendum will be posted on the City’s website alongside the posting of the RFP athttp://www.alpharetta.ga.us by the close of business on the date listed. Offerors must signand return any addendum with their RFP response.1.2 Section Not Used1.3 Submitting a Sealed Proposal1.3.1 Organization of Proposal: Offerors must organize their submission in thefollowing format with tabs separating each section: If any directions located in Sections 3and/or 4 of this document conflict with this order, defer to order in Section 3 and/or 4.1. Cover Page – Offeror’s authorized official to complete, sign, and return withproposal response;a. By submitting a response to this RFP, Offeror agrees to an understanding ofand compliance with the specifications and requirements described herein.Offerors should include a listing of any exceptions to Sections 1, 2, and 7(including subsections).2. Section 3, Scope of Project/Specifications – include all requested documents,information, exceptions, clarifications, etc.;3. Section 4, Offeror Qualification – include all requested documents andinformation (this may at times be included in Section 3 and not Section 4 of anRFP);4. Section 5, Cost Proposal Form with Proposal Price Certification – Offeror’sauthorized official to complete, sign, and return with proposal response;5. Appendix A, Standard Forms:a. Disclosure Form – complete, sign, and return with bid response;b. Affidavit Verifying Compliance with Illegal Immigration Reform andEnforcement Act; E-Verify and SAVE Programs – complete, sign, and returnwith bid response for Contractor, Subcontractor, and/or Sub-Subcontractor(all applicable);c. Request for Taxpayer identification Number and Certification (W-9) –complete, sign, and return Page 1 (only) with bid response (completeinstructions available from http://www.irs.gov/pub/irs-pdf/fw9.pdf );d. Notice of “No Bid” (ONLY if applicable) – complete, sign, and return in lieu ofbid submission.6. Appendix B, Standard Contract: By submitting a response to this RFP, Offerorsagree to execute a contract substantially in the form as referenced in Appendix Bupon contract award by the City;7. Additional Appendices (ONLY if applicable) – include all requested documentsand information;Page: 9 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental Services8. Addenda – if any addenda have been issued, complete, sign and return Page 1,Addendum Acknowledgement (for each addenda issued) with proposalresponse.1.3.2 Failure to Comply with Instructions: Offerors failing to comply with theseinstructions may be subject to ranking reductions. The City may also choose not toevaluate, may deem non-responsive, and/or may disqualify from further considerationany proposals that do not follow this RFP format, are difficult to understand, are difficultto read, or are missing any requested information.1.3.3 Multiple Proposals: Offerors may, at their option, submit multiple proposals, inwhich case each proposal shall be evaluated as a separate document. Multipleproposals must be submitted in separate envelopes and marked plainly to notify thateach envelope contains a separate and single proposal response.1.3.4 Cost Proposal Form: Offerors must respond to this RFP by utilizing the CostProposal form found in Section 5. The Cost Proposal form will be used as the primaryrepresentation of each Offeror’s cost/price, and will be used extensively during proposalevaluations. Additional information should be included as necessary to explain in detailthe Offeror’s cost/price. One Original Cost Proposal shall be submitted in a separate,sealed opaque envelope marked “Cost Proposal” with Offeror’s Name, RFP #, RFPName, and Due Date/Time. Additional Cost proposal sheets shall not be included inproposal original or copies.1.3.5 Standard Forms: Offerors must respond to this RFP by completing thestandard forms set forth under Appendix A. The standard forms include legalrequirements that must be met before formal negotiations can be completed and theaward process commenced.1.3.6 Standard Contract: By submitting a response to this RFP, Offerors agree toexecute a contract substantially in the form as referenced in Appendix B upon contractaward by the City.Page: 10 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental Services1.3.7 Copies Required and Deadline for Receipt of Sealed Proposals:All proposals must be received in sealed opaque packaging. Offerorsmust submit the following number of copies to the address set forth on theCover Page:A. Technical Proposal:• One (1) unbound hard (paper) copy marked “Original” withoriginal signatures;• Six (6) hard (paper) copies marked “Copy”. NOTE: All copies mustinclude exactly the same information as provided in the hard copy“Original”;• One (1) CD-ROM or Flash Drive copy. Mark all CD’s and/or flashdrives with Offeror’s name and RFP name and number. All files mustbe in either a (1) Microsoft Office file format or a (2) PortableDocument Format (PDF). Use caution in creating the electronic files. Ifthe City is unable to open files due to data-corruption, the Offeror’sproposal may be considered incomplete. NOTE: All copies mustinclude exactly the same information as provided in the hard copy“Original”.B. Cost Proposal:• One (1) hard copy marked “Original” with original signatures shallbe submitted at the same time as the Technical Proposal in aseparate, sealed opaque envelope marked “Cost Proposal” with theOfferor’s name, address, RFP #, RFP Name, and Due Date/Time.Additional Cost Proposal sheets shall not be included in proposaloriginal or copies.C. Standard Forms:• One (1) completed “Original” each of all Appendix A requiredforms along with a copy of any required verifiable document(s) shallbe submitted at the same time as the Technical Proposal in a separatesealed opaque envelope marked “Standard Forms” with the Offeror’sname, address, RFP #, RFP Name, and Due Date/Time. Additionalforms are not required to be included in bid proposal original or copies.Proposals must be received sealed and at the receptionist’s desk ofthe location noted on the Cover Page prior to 2:00 PM, on May 24,2012. Facsimile or e-mail responses to requests for proposals areNOT accepted.1.3.8 Late Submissions, Withdrawals, and Corrections:Late Proposal: Regardless of cause, late proposals will not be accepted and willautomatically be disqualified from further consideration. It shall be the Offeror’s sole riskto assure delivery to the receptionist's desk at the designated office by the designatedtime. Late proposals will not be opened and may be returned to the Offeror at theexpense of the Offeror or destroyed if requested.Proposal Withdrawal: An Offeror requesting to withdraw their proposal prior to the RFPdue date and time may submit a letter to the Procurement Agent requesting to withdraw.The letter must be on company letterhead and signed by an individual authorized toPage: 11 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental Serviceslegally bind the firm. An Offeror requesting to withdraw after the proposal has beenopened will be required to submit a letter with documented facts supporting the reasonfor withdrawal within two business days of the opening. The letter must be on companyletterhead and signed by an individual authorized to legally bind the firm. The Offerormust present clear and convincing evidence that an unintentional error was made. TheProcurement Officer will review the withdrawal request and a judgment will be made.Generally, proposal withdrawal after proposal due date/time for reasons other thanobvious clerical errors are not permitted.Proposal Correction: If an error is discovered prior to the opening, the Offeror cansubmit a corrected proposal. The corrected proposal should be clearly marked that itsupersedes the proposal originally submitted. If an obvious clerical error is discoveredafter the proposal has been opened, the Offeror may submit a letter to the designatedProcurement Agent within two business days of opening, requesting that the error becorrected. The letter must be on company letterhead and signed by an individualauthorized to legally bind the firm. The Offeror must present clear and convincingevidence that an unintentional error was made. The Procurement Officer will review thecorrection request and a judgment will be made. Generally, modifications to openedproposals for reasons other than obvious clerical errors are not permitted.1.3.9 Notice of “No Bid”: It is important to the City of Alpharetta to receive a replyfrom all invited Offerors. There is no obligation to submit a bid, quotation, or proposal;however, if you are unable or do not wish to participate in this bid and this “Notice of NoBid” is not executed and returned, your firm may be deleted from our list of qualifiedbidders/proposers. This form is located in Appendix A (Standard Forms).1.4 Offeror's Certification1.4.1 Understanding of Specifications and Requirements: By submitting aresponse to this RFP, Offeror agrees to an understanding of and compliance with thespecifications and requirements described in this RFP.1.4.2 Offeror’s Signature: The proposals must be signed in ink by an individualauthorized to legally bind the business submitting the proposal. The Offeror’s signatureon a proposal in response to this RFP guarantees that the prices quoted have beenestablished without collusion and without effort to preclude the City from obtaining thebest possible supply or service. Proof of authority of the person signing the RFPresponse must be furnished upon request.1.4.3 Offer in Effect for 120 Days: Except in rare cases as described in Section1.3.8, a proposal may not be corrected, withdrawn, or canceled by the Offeror for a 120-day period following the deadline for proposal submission as defined in the Schedule ofEvents, or receipt of best and final offer, if required, and Offeror so agrees in submittingthe proposal.1.5 Cost of Preparing a Proposal1.5.1 City Not Responsible for Preparation Costs: The costs for developing anddelivering responses to this RFP and any subsequent presentations of the proposal asrequested by the City are entirely the responsibility of the Offeror. The City is not liablePage: 12 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental Servicesfor any expense incurred by the Offeror in the preparation and presentation of theirproposal.1.5.2 All Timely Submitted Materials Become City Property: All materialssubmitted in response to this RFP become the property of the City and are to beappended to any formal documentation, which would further define or expand anycontractual relationship between the City and Offeror resulting from this RFP process.SECTION 2: RFP RECEIPT AND EVALUATION PROCESS2.0 AuthorityThis RFP is issued under the authority of the City of Alpharetta.Page: 13 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental Services2.1 Receipt of Proposals and Public Inspection2.1.1 Public Information: During the opening of sealed proposals, only the nameof each supplier shall be announced. No other information will be disclosed nor shall theproposals be considered open record until after council award. All information receivedin response to this RFP, including copyrighted material, is deemed public informationand will be made available for public viewing and copying shortly after the council awardwith the following four exceptions: (1) bona fide trade secrets meeting confidentialityrequirements that have been properly marked, separated, and documented; (2) mattersinvolving individual safety as determined by the City; (3) any company financialinformation requested by the City to determine vendor responsibility, unless prior writtenconsent has been given by the Offeror; and (4) other constitutional protections.2.1.2 Procurement Agent’s Review of Proposals: Upon opening the sealedproposals received in response to this RFP, the Procurement Agent in charge of thesolicitation will review the proposals and separate out any information that meets thereferenced exceptions in Section 2.1.1 above, providing the following conditions havebeen met:• Confidential information is clearly marked and separated from the rest of theproposal;• Proposal does not contain confidential material in the cost/price section; and• An affidavit from an Offeror’s legal counsel attesting to and explaining the validityof the trade secret claim is attached to each proposal containing trade secrets.Information separated out under this process will be available for review only by theProcurement Officer, Procurement Agent, the Evaluation Committee members, andlimited other designees. Offerors must be prepared to pay all legal costs and feesassociated with defending a claim for confidentiality in the event of a “right to know”(open records) request from another party.2.2 Classification and Evaluation of Proposals2.2.1 Initial Classification of Proposals as Responsive or Nonresponsive:All proposals will initially be classified as either “responsive” or “nonresponsive”.Proposals may be found nonresponsive any time during the evaluation process ornegotiations if any of the required information is not provided; the submitted price isfound to be excessive or inadequate as measured by criteria stated in the RFP; or theproposal is not within the plans and specifications described and required in the RFP.Proposals found nonresponsive will not be considered further.2.2.2 Determination of Responsibility: The Procurement Officer will determinewhether an Offeror has met the standards of responsibility. Such a determination may bemade at any time during the evaluation process and through negotiation if informationsurfaces that would result in a determination of non-responsibility. If an Offeror is foundnon-responsible, the determination must be in writing, made a part of the procurementfile and mailed to the affected Offeror.2.2.3 Evaluation of Proposals: The Evaluation Committee will evaluate theremaining proposals and recommend whether to award to the highest-ranking Offeror or,if necessary, to seek discussion/negotiation or a “best and final offer” in order todetermine the highest-ranking Offeror. All responsive proposals will be evaluated basedon stated evaluation criteria (Section 6). In ranking against stated criteria, the City mayconsider such factors as accepted industry standards and a comparative evaluation ofPage: 14 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental Servicesall other qualified RFP responses in terms of differing price, quality, and contractualfactors. These rankings will be used to determine the most advantageous offering to theCity.2.2.4 Completeness of Proposals: Selection and award will be based on theOfferor’s proposal and other items outlined in this RFP. Submitted responses may notinclude references to information located elsewhere, such as Internet websites orlibraries, unless specifically requested. Information or materials presented by Offerorsoutside the formal response or subsequent discussion/negotiation or “best and finaloffer,” if requested, will not be considered, will have no bearing on any award, and mayresult in the Offeror being disqualified from further consideration.2.2.5 Achieve Passing Ranking: Any proposal that fails to achieve a passingranking for any part/section for which a passing ranking is indicated will be eliminatedfrom further consideration.2.2.6 Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration: After receipt of all proposals and prior to the determinationof the award, the City may initiate discussions with one or more Offerors shouldclarification or negotiation be necessary. Offerors may also be required to make an oralpresentation and/or product demonstration to clarify their RFP response or to furtherdefine their offer. In either case, Offerors should be prepared to send qualifiedpersonnel to the City to discuss technical and contractual aspects of the proposal. Oralpresentations and product demonstrations, if requested, shall be at the Offeror’sexpense.2.2.7 Best and Final Offer: The “Best and Final Offer” is an option available to theCity under the RFP process which permits the City to request a “best and final offer”from one or more Offerors if additional information is required to make a final decision.Offerors may be contacted asking that they submit their “best and final offer”, which mustinclude any and all discussed and/or negotiated changes.2.2.8 Evaluation Committee Recommendation for Award: The EvaluationCommittee will provide a written recommendation for award to the Procurement Officerthat contains the ranking and related supporting documentation for its decision. TheProcurement Officer will review the recommendation to ensure its compliance with theRFP process and criteria before concurring with the Evaluation Committee’srecommendation.2.2.9 Negotiation: Upon recommendation from the Evaluation Committee, theProcurement Officer and/or City department representatives may begin negotiations withthe responsive and responsible Offeror whose proposal achieves the highest rankingand is, therefore, the most advantageous to the City. If negotiation is unsuccessful orthe highest-ranking Offeror fails to provide necessary documents or information in atimely manner, or fails to negotiate in good faith, the City may terminate negotiations andbegin negotiations with the next highest-ranking Offeror.2.2.10 Contract Award: Award, if any, will be made to the highest-ranking Offerorwho provides all required documents and successfully completes the negotiationprocess. The contract will be substantially in the form as referenced in Appendix B.Page: 15 of 57

City of Alpharetta, GA2.3 Vendor RegistrationRFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesVendors responding to this RFP are encouraged to register as a vendor with the City by goingto www.alpharetta.ga.us and choosing City Hall Online – Online Services – Vendor Registration.Web based registration is the preferred method of registration and allows each vendor to entertheir types of services and products offered. However, a vendor may submit a proposal withoutfirst registering. Registration can also be completed by contacting the Procurement Agent incharge of this solicitation by e-mail.2.4 Tobacco and SmokingThe use of tobacco products in any form on City property; within City facilities and City vehicles;or on City construction or job sites is strictly prohibited. For purposes of this policy, “Cityproperty” shall include any and all buildings owned, leased, rented and areas maintained by theCity; any grounds, parking lots; and construction or worksites under City of Alpharetta control.Smoking is prohibited by law in any area where paint or other flammable materials may bepresent.Furthermore, the City’s Mayor and Council have approved an ordinance prohibiting the use ofall tobacco products in City Parks and/or on the Greenway. A violation of this ordinance is amisdemeanor punishable as other violations of City Park rules and regulations.It is recommended that contractors make all field employees aware of the City’s policy andordinance. Notice of this policy and ordinance or lack thereof does not relieve anyone from theobligation to comply.2.5 City’s Rights ReservedWhile the City has every intention to award a contract as a result of this bid, issuance of the bidin no way constitutes a commitment by the City to award and execute a contract. Upon adetermination such actions would be in its best interest, the City, in its sole discretion, reservesthe right to:• cancel or terminate this bid at any time. A notice of cancellation will be issued on theCity’s website. If the bid is cancelled, the City will not reimburse any vendor for thepreparation of their bid. Bids may be returned upon request if unopened;• reject any or all submissions received in response to this bid;• waive and/or amend any undesirable, inconsequential, or inconsistentprovisions/specifications of this bid which would not have significant impact on anysubmission;• not award if it is in the best interest of the City not to proceed with contract execution;• terminate any contract if the City determines adequate funds are not available.Page: 16 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesSECTION 3: SCOPE OF PROJECT/SPECIFICATIONS3.0 City’s Intent3.0.1 GENERAL INFORMATION: The City of Alpharetta (hereinafter “City”) issoliciting proposals from qualified, geotechnical testing firms who specialize ingeotechnical services, materials testing, inspections, laboratory testing and professionalservices for projects of the specific type described herein. These services are intendedto ensure the City receives a high- quality Downtown City Center project on time andwithin budget. The project will consist of a 22-acre campus featuring a new City Hall, anew public Parking Garage, a new 5- acre Park/Green space, a Town Green, and spacefor future private development and associated infrastructure.3.0.2 LOCATION: The project will be located within the City of Alpharetta, Georgia.Project site is approximately bounded to the north by Academy Street; to the east byBrooke Street; to the South by Old Milton Parkway; and to the west by State Route 9.3.0.3 PROJECT DESCRIPTION: The City intends to construct a new Downtown CityCenter consisting of a new City Hall of approximately 47,000 square feet, a 450space Public Parking Garage, a 5-acre Public Park/Green space, 1-acre Town Green,and associated infrastructure. The City desires this project to obtain a LEED ® Silverrating. The project will include building pads for future development, expansion of anoffsite detention pond and possible street enhancements.The vision for this project “is of a vibrant environment of parks and civic space that willserve as a gathering space for our citizens”. The City would like the project to becomea catalyst to activate the downtown area, including current and future retail, andattract private sector developers for additional commercial development on the projectsite. It is envisioned to be a pedestrian friendly, multi-modal, safe environment that isenvironmentally conscious.The City earlier commissioned a study of site usage plan that is available on the Citywebsite: http://www.alpharetta.ga.us/index.php?p=501Project funding in the amount of $29,000,000.00 was approved in a BondReferendum by the Citizens of Alpharetta on November 8, 2011. Additional funds haveincreased the total budget to $30,200,000. A preliminary breakdown of the budget isbelow.It is the City’s desire that the project will be completed and all facilities usable byJune 14, 2014.The current schedule for purposes of this RFP:Completion, City Council Approval of Master Plan.........................June 11, 2012Completion, City Council Approval of Schematic Design...............July 30, 2012Completion, City Council Approval of Design Development...........October 8, 2012Completion of Construction Documents*........................................February 14, 2013Construction Completion.................................................................June 14, 2014Occupy............................................................................................June 25, 2014*An early issue package including utilities and/or grading may be required.A schedule with greater detail is attached as Appendix F.Page: 17 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesWhile the master plan noted above has passed through a number of community inputworkshops that were very valuable, it was only a preliminary effort. It was useful inexplaining the project components to the community. The City would like to exploreall options of master planning the site; to be sure it moves forward with a plan that hasthe greatest likelihood of succeeding with their goals for the area. The library is in afixed 3-acre parcel, as is the relocation of Haynes Bridge Road. The City is obligatedto a minimum 5-acre park/ green space. Beyond those three fixed items, the Citywould like to explore the options that lead to success on the project site, but alsoembrace, support, and integrate the surrounding area.In addition, design and construction of the new Downtown City Center will requirecoordination with a new Atlanta-Fulton Public Library System facility which will occupya f portion of the same site. The Atlanta-Fulton Public Library System facility will bedesigned and constructed by others independent of this project, but the architect teamwill be responsible for the integration of site planning and other work necessary totake advantage of the synergies that exist between this Project and the Atlanta-FultonPublic Library System project.A Combined Parcel Survey is attached in Appendix D.3.0.4 PROJECT ORGANIZATION: The City retained Jones Lang LaSalle asProgram Manager to represent its interests in the project. Once the City has awardedthis contract, the Program Manager will act as the focal point to receive anddisseminate information to the design, and construction team and function as anexpert interface between the City and the architects, engineers, and contractors hiredby the City. After award, should interpretive information be required, it will be directedthrough the Program Manager.3.1 Scope of Project3.1.1 Basic Services: The City requires the services of qualified geotechnical testingfirms who specialize in geotechnical services, materials testing, inspections, laboratorytesting, engineering, environmental and professional services to become a member ofthe project team and to assist the Design Team (Project Architect, Master Planner andLandscape/Park Architect) and other consultants in the planning, programming, design,contract documents and construction administration of this project, which includes allcomponents on the 22 acre site (excluding the library property) adjustments to adjacentroadways as required and offsite detention.Your firm will be required to coordinate closely with key individuals including theOWNER, the design team, and the selected contractor.The geotechnical contractor shall provide field inspection and testing services for theCity based on a combination of unit prices and lump sum quotes, until such time that thescope can be further defined. Once further defined, the selected firm will be required toprovide budgets for the work using the unit rates submitted with the cost proposal of thisRFP. The geotechnical contractor shall provide professional services as required tosupport the schedule of the project, utilizing personnel with professional certifications inall relevant fields that they are involved with on the project.The geotechnical contractor shall provide engineers registered in the State of Georgiato certify all work and to write all recommendations and reports. The contractor shallimplement testing procedures as directed by the City and others that meet ASTMstandards, GDOT standards, and general industry practice.Page: 18 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesThe Geotechnical, Materials Testing and Environmental firm will be responsible forcoordinating its team and coordinating with the design and construction teams.Important considerations for the Project Plan include: 1• Coordination with the Haynes Bridge Road Realignment project• Coordination with the Atlanta-Fulton County Library System project• Expansion of an offsite master storm water detention facility as early as possible3.1.2 Phase 1 Environmental Site Assessment:The cost for the work in this Section 3.1.2 shall be proposed as a lump sum.Conduct a Phase I Environmental Site Assessment (Phase I) for the site in generalaccordance with those tasks established by ASTM International guidance E 1527-05,Standard Practice for Environmental Site Assessments,' Phase I Environmental SiteAssessment Process, This standard practice is intended to fulfill the requirements of 40CFR Part 312, "Standards and Practices for All Appropriate Inquiry" and assist theOwner in establishing the innocent landowner defense of the ComprehensiveEnvironmental Response, Compensation and Liability Act (CERCLA),The purpose of the Phase I is to identify environmental concerns based on recognizedenvironmental conditions and business environmental risks in connection with thesubject property. The assessment should include a review of the site history; a review ofenvironmental lists published by federal, state and local agencies; a site and area visit;and preparation of a written report. The report should summarize observations, findings,conclusions, and recommendations.A number of UST’s exist on and near the site. These have been monitored and closedover the course of the last number of years. A sampling of the available information isattached at Appendix G and available in separate documents from RFP 12-111 webpage. A report shall be submitted by the Geotechnical firm that outlines measures thatwill be required or recommended during site work and construction to deal with possibleremaining soil contamination and UST’s.3.1.3 Geotechnical Exploration / Investigation: Perform a geotechnicalexploration at the site to provide subsurface information to evaluate the bearing materialsthat will ultimately support the foundations for the proposed development. Toaccomplish this objective, the following scope of geotechnical services should becompleted at a minimum:1. A site and area reconnaissance will be conducted for evidence of geotechnicalconcerns.2. Review the geotechnical report(s) for the existing structure (if available) as wellas published maps and aerial photographs.3. Soil test borings to evaluate general subsurface conditions in the project area.Soil test borings will be drilled to about 25 feet below current, grade elevations orauger refusal, whichever occurs first. A total of 175 linear feet of drilling isanticipated.4. Standard penetration tests (SPT) will be conducted at approximately 2Y, -footintervals in the upper I 0 feet and at 5-foot intervals below I 0 feet to assess the1 The City reserves the right to remove any service from this scope.Page: 19 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental Servicescomposition and consistency of the soil and collect disturbed samples.5. Borings should be backfilled and patched as needed.6. Water levels in the borings should be recorded at the time of drilling 13.1.4 Geotechnical Report:The cost for the work in this Section 3.1.4 shall be proposed as a lump sum.Upon completion of the field effort, a written report shall be completed that documentsfindings along with our conclusions and recommendations. The report will be preparedunder the supervision of a registered professional engineer specializing in geotechnicalengineering. The report shall include the following:1. A brief review of our field procedures.2. A review of area and site geological conditions.3. A review of subsurface soil and rock stratigraphy.4. Discussion of site grading including excavation difficulty due to rock andgroundwater.5. Recommendations for site preparation and construction of compacted fills.6. Recommendations for design and construction of foundations.7. Recommendations for soil-supported floor slabs.8. Highlight potential design and/or construction issues as indicated by theexploration.9. Subsurface Utility Location 23.1.5 Subsurface Utility Location: Provide subsurface utility locating service tolocate subsurface utilities across the site. Subsurface utilities should be located acrossthe entire site unless directed otherwise by the Owner. Utility locations should be markedon the ground surface and should be included a survey.3.1.6 Construction Materials Testing and Special Inspection ServicesProvide testing services for the following phases of construction:1. Earthwork, Utility and Wall Construction2. Foundation Construction3. Concrete Placement Construction4. Masonry Construction5. Structural Steel and/or Structural Wood6. Pavement ConstructionThe following identified specified services should be provided:a. Earthwork Observation and TestingI. Site proofrolling observation and subgrade evaluations includingmonitoring of proofrollingII. Laboratory tests to include proctor tests.III. Perform compaction testing on fill and backfill material, as required.2 The City reserves the right to remove any service from this scope.Page: 20 of 57

City of Alpharetta, GAb. Foundation/Slab ConstructionRFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesI. Evaluate foundation/slab subgrades and confirm the design bearingpressure is available and that slab subgrades are suitable for concreteplacement.c. Concrete Placement ConstructionI. Reinforcing steel inspections.II. Examine truck to verify that concrete appears properly mixed.III. Perform necessary on-site slump, air and unit weight tests duringconcrete pours.IV. Monitor concrete temperature and mixing time.V. Mold one set of four (4) cylinders for each 75 CY or fraction thereof ofconcrete placed in any one day.VI. Transport cylinders to the lab after 24 hours, store per ASTMrequirements, then test 1 specimen at 7 days, 2 specimens at 28 daysand 1 specimen at 56 days for compressive strength.VII. Perform floor flatness/levelness measurements on two random visitsto include first SOG and elevated pour.d. Masonry ConstructionI. Fabricate one set of three (3) grout prisms during random periodicvisits.II. Monitor grout placement during random periodic visits.III. Verify reinforcing steel placement during random periodic visits.IV. Transport, store and test grout prisms/cubes for compressive strengthper ASTM requirements.e. Structural Steel ErectionI. Visual inspection of welded connections.II. Visual inspection of bolted connections.f. Structural WoodI. Visual inspection of elements of seismic force resisting system.II. Visual periodic inspection of wood shear wall members and fasteners.g. Pavement ConstructionI. Proofroll subgrades and GAB. 33.2 Required Information3.2.1 PROPOSAL REQUIREMENTS: Each response to this RFP shall include theinformation described in this section. Failure to include all of the elements specified maybe cause for rejection. Additional information may be provided, but should be succinctand relevant to the goals of this RFP. Excessive information will not be consideredfavorably. Document pages shall be 8-1/2 inches by 11 inches in size or folded to such a3 The City reserves the right to remove any service from this scope.Page: 21 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental Servicessize. Be sure to follow and clearly mark each section of your proposal according to thesections below.All submittals shall contain the following elements, and in the ordergiven:A. Basic Information of Each Firmi. Firm name, mailing address (include physical location if mailingaddress is a PO Box), contact person, telephone number, fax number,and e-mail address.ii.iii.iv.Type of organization (partnership, limited partnership, corporation, etc.).History of the firm, including background of firm’s executive managementand number of years the firm has been in business.Financial Information:a. List your total annual construction volume for the past five (5) years;B. Relevant Experience and CapabilitiesProvide a narrative containing the following information:1. The proposer and its team must demonstrate experience in providingengineering services and be licensed to provide professional services in theState of Georgia. The proposer and its team should provide informationdemonstrating expertise in mixed use and municipal facilities and the codesand regulations specific to Georgia.2. Firm sizes, current workload and ability to perform based on currentprojects.3. Qualifying background and experience of each of the firms and personnelwith public or government projects similar to those described within theScope of Work. List projects of a similar nature which best illustrate theexperience of the firms and current staff which is being assigned to thisproject. (List no more than 10 projects, nor projects which werecompleted more than five (5) years ago). The following information isrequested on each project: (Limit: One (1) page per project)a. Owner Name and Addressb. Completion Date and/or Status of Projectc. Project Description (identify major elements, and/or uniquefeatures and added value)d. Project Size (SF and Acres)e. Key Personnel from your Firm involved in the project.• Those individuals that are included within this Project Teamshall be identified in bold.f. Client Reference (name, position, address, and telephonenumber) - Please make sure the reference contact information iscurrent. Incorrect reference information may be construed as anon-reference.Page: 22 of 57

City of Alpharetta, GAC. Project Teamg. Project Budget and Type of Contracth. Architect and Structural Engineer• Firm name• Contact name reference• Contact phone numberRFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesIdentify the individuals in the firm who will be assigned to the project. Include aproposed organization chart clearly defining lead individuals for each phase,and resumes for all individuals proposed, including any outside subconsultants.(Limit: Individual resumes must be limited to two (2) pages each).Individual Resumes: The following should be found on each resume.i. Assigned Individual:ii. Years of Experience:iii. Years with Firm:iv. Project Assignment/Role Description• Key Responsibilities for this Project:• Level of Involvement in each Phase(s) of this Projectv. Located in what Office:vi. Education or Special Training:vii. Specific Relevant Project Experience (list minimum of three, providingdetails of each):• Project Description:• Project Size and Cost:• Current Project Status:• Client Contact Information:viii. Active registration(s)ix. Other experience and qualification relevant to this project.3.2.2 PROPOSAL ORGANIZATION: Offerors must organize their submission inthe following format with tabs separating each section:1. Cover Page – Offeror’s authorized official to complete, sign, and returnwith proposal response;• By submitting a response to this RFP, Offeror agrees to anunderstanding of and compliance with the specifications andrequirements described herein. Offerors should include a listing of anyexceptions to Sections 1, 2, and 7 (including subsections).2. Proposal Requirements – include all requested documents, information,exceptions, clarifications, etc. from Section 3.1.1, organized numerically asshown;3. Appendix A, Standard Forms:• Disclosure Form – complete, sign, and return with bid response;Page: 23 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental Services• Affidavit Verifying Compliance with Illegal Immigration Reform andEnforcement Act; E-Verify and SAVE Programs – complete, sign, andreturn with bid response for Contractor, Subcontractor, and/or Sub-Subcontractor (all applicable);• Request for Taxpayer identification Number and Certification (W-9) –complete, sign, and return Page 1 (only) with bid response (completeinstructions available from http://www.irs.gov/pub/irs-pdf/fw9.pdf );• Notice of “No Bid” (ONLY if applicable) – complete, sign, and return in lieuof bid submission.4. Appendix B, Standard Contracts: By submitting a response to this RFP,Offerors agree to execute a contract substantially in the form as referenced inAppendix B upon contract award by the City;5. Additional Appendices (ONLY if applicable) – include all requested documentsand information;6. Addenda – if any addenda have been issued, complete, sign and return Page1, Addendum Acknowledgement (for each addenda issued) withproposal response.3.2.3 SELECTION PROCESS: The City Administrator shall appoint an EvaluationCommittee composed of three to five members who will review all proposals receivedon time.The selection of the winning proposal will be based on a numerical scoring system asindicated in Section 6.Page: 24 of 57

City of Alpharetta, GASECTION 4: NOT USEDRFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesThis section left blank.Page: 25 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesSECTION 5: COST PROPOSALA. Using Appendix E, provide Lump Sum fees as requested and a Unit Rate Schedule for allother services to be delivered.B. Attach separate pages that describe:Amounts to be paid to sub-consultants by phasePossible services that would require additional feesAward will consider price, but price will not be the sole, determining factor.Instructions for submitting Cost Proposal: One (1) hard copy marked “Original” with originalsignatures shall be submitted in a separate, sealed opaque envelope marked “Cost Proposal”with the Offeror’s name, address, RFP #, RFP Name, and Due Date/Time. Additional Costproposal sheets shall not be included in proposal original or copies.Proposal Price CertificationIn compliance with the attached specification, the undersigned offers and agrees that if thisproposal is accepted by the City Council within one hundred twenty (120) days of the date ofproposal opening, that the undersigned will furnish any or all of the deliverables upon whichprices are quoted, at the price set opposite each, to the designated point(s) within the timespecified.COMPANY__________________________________________________________________ADDRESS___________________________________________________________________AUTHORIZED SIGNATURES____________________________________________________PRINT / TYPE NAME _________________________________________________________PHONE & EMAIL _____________________________________________________________Page: 26 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesSECTION 6: EVALUATION CRITERIA6.0 Evaluation CriteriaAll proposals received will be reviewed by the Procurement Agent to ensure that alladministrative requirements of the RFP package have been met, such as all documentsrequiring a signature have been signed and submitted. Failure to meet these requirements maybe cause for rejection. All proposals that meet the administrative requirements will be turnedover to the Evaluation Committee for further evaluation. The Evaluation Committee will reviewall proposals received and determine a ranking based on the information provided in Sections 3through 5 of this RFP. As previously indicated, the Evaluation Committee may, in its solediscretion and in the course of its evaluation, arrange a site visit or requestpresentations/demonstrations with one or more selected Offerors.(Form begins next page)Page: 27 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesEVALUATION FORMThe selection of the winning proposals will be based on a numerical scoring system. There are6 categories by which the proposals will be evaluated. The proposals will be assigned a scorefor each category: 1 (poor), 2 (below average), 3 (average), 4 (above average) or 5(excellent). Each category will be weighted as shown.CATEGORY WEIGHT SCORE ACTUAL SCOREA. Firm Experience 25% x _____ = __________-Municipal work-Materials testing-Soil studies-Foundation studies-Environmental services-UST investigation-ReferencesC. Project Manager Experience 25% x _____ = __________-Years of experience-Professional licenses/certifications-Municipal workD. Location 10% x _____ = __________E. Prices 25% x _____ = __________F. Overall Impression 15% x _____ = __________Total __________Firm Name___________________________________________________________________Address _____________________________________________________________________Phone & Email________________________________________________________________Print Representative’s Name_________________________________________________________________________________________________________________________________SIGNATURE OF REPRESENTATIVEDATE SUBMITTEDPage: 28 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesSECTION 7: TERMS AND CONDITIONSThe City’s Terms and Conditions are set forth below. Offerors should notify the City of anyTerms and Conditions that either preclude them from responding to the RFP or addunnecessary cost. This notification must be made by the deadline for receipt of written/e-mailedquestions or with the Offeror’s RFP response. Any requests for material, substantive, importantexceptions to the standard terms and conditions will be addressed by formal written addendumissued by the designated Procurement Agent. The City reserves the right to address any nonmaterial,minor, insubstantial exceptions to the terms and conditions with the highest-rankingOfferor at the time of contract negotiation.7.0 Additional Contract Provisions and TermsThis RFP, including all RFP documents and any addenda, the Offeror’s RFP response,including any amendments, a best and final offer, any clarification question responses, and anynegotiations shall be included in the resulting contract referenced in Appendix B. The Termsand Conditions do not define the total extent of the contract language that may be negotiated. Inthe event of a dispute as to the duties and responsibilities of the parties under any resultingcontract, the contract, along with any attachments prepared by the City, will govern in the sameorder of precedence as listed in the contract.7.1 Performance prior to Contract ExecutionThe successful Offeror shall not begin performance of the project prior to the execution of aformal written contract by the City and the Offeror. Any Offeror beginning performance prior tothe execution of the contract shall be deemed to be proceeding at the Offeror's risk, and shallnot be entitled to any compensation for such performance. In addition, the City reserves theright to withdraw or cancel the award of the proposal.7.2 Contract TermThe contract term is until completion of the project.7.3 SubcontractorsThe highest-ranking Offeror will be the prime contractor if a contract is awarded and shall beresponsible, in total, for all work of any subcontractors. All subcontractors, if any, must be listedin the proposal. The City reserves the right to approve all subcontractors. The Contractor shallbe responsible to the City for the acts and omissions of all subcontractors or agents and ofpersons directly or indirectly employed by such subcontractors, and for the acts and omissionsof persons employed directly by the Contractor. Further, nothing contained within this documentor any contract documents created as a result of any contract award derived from this RFP shallcreate any contractual relationships between any subcontractor and the City.7.4 Section not Used7.5 General Insurance RequirementsThe Contractor shall provide the City with a certified copy of each of the policies or binders tothe address listed under Section 1.0 indicating the existence of the policies prior to thebeginning of the contract term. In the event a binder is delivered, it shall be replaced withinten (10) days by a certified copy of the policy. Each policy shall contain a valid provision orendorsement that the policy may not be canceled without giving thirty (30) days written noticethereof to the City representative named in the contract. A renewal policy or certificate shallPage: 29 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental Servicesbe delivered to the City at least thirty (30) days prior to the expiration date of each expiringpolicy. If at any time, any of the policies shall be or become unsatisfactory to the City as toform or substance, or any of the carries issuing such policies shall be or becomeunsatisfactory to the City, the Contractor shall deliver to the City representative upon demanda certified copy of any policy required herein for review. The Certificates of Insurance shallstate that the City of Alpharetta is additionally insured on all coverage’s illustratedand will include primary and contributory status for design E&O, engineers E&O,general, auto, and umbrella liability with waiver of subrogation in favor of the City ofAlpharetta for all lines including workers compensation. Subcontractors shall also becertified as additionally insured or present certificates of insurance subject to all limitsand extensions of coverage required and identified herein.• Workers Compensation: Workers Compensation $500,000 per accident peremployee with waiver of subrogation. Required documentation includes certificatefrom insurance company showing issuance of workmen’s compensation coverage forthe State of Georgia.• Comprehensive General Liability Insurance:Commercial General Liability $1,000,000 each occurrence$1,000,000 aggregate• Comprehensive Auto Liability Insurance:Bodily Injury Liability$1,000,000 each occurrenceProperty Damage Liability $ 100,000 each occurrence• Excess Umbrella Liability:Combined Single Limit Bodily Injuryand / or Property Damage$5,000,000 each occurrence$5,000,000 aggregate• Engineers’ Errors and Omissions for all Engineering Firms, including Pollutionand Mold extensions:$5,000,000 each occurrence• Design Errors and Omissions for ALL Architects, including Pollution and Moldextensions:$5,000,000 each occurrenceThe City of Alpharetta has the option to change these insurance requirements at its discretion.7.6 Compliance with Workers’ Compensation ActThe Contractor is required to supply the City with proof of compliance with the Workers’Compensation Act while performing work for the City. Neither the Contractor nor its employeesare employees of the City. Proof of compliance must be received at the address listed underSection 1.0 within acceptable time limits established during the contract negotiation process. Ifthe Contractor does not meet the State’s requirement for workers compensation coverage, thecertificate of insurance shall state that the contractor waives subrogation in regard to workerscompensation.Page: 30 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental Services7.7 Compliance with Illegal Immigration Reform andEnforcement Act7.7.1 E-Verify Program:The City of Alpharetta is committed to compliance with Federal and State laws requiringthe verification of newly hired employees to ensure they are lawfully entitled to work inthe United States. As such, the City shall not enter into a contract for the physicalperformance of services unless the contractor registers and participates in a federalwork authorization program (E-Verify). Bidders/offerors should include a fully executedE-Verify affidavit as part of their bid/RFP submission.Requirement to Participate in a Federal Work Authorization Program(E-Verify):(1) Pursuant to O.C.G.A. § 13-10-91:a. Public employers shall not enter into any contract for the physicalperformance of services within the State of Georgia unless thecontractor registers and participates in a federal work authorizationprogram to verify the employment eligibility of all newly hiredemployees;b. Subcontractors shall not enter into any contract with a contractor forthe physical performance of services within the State of Georgiaunless such subcontractor registers and participates in a federal workauthorization program to verify the employment eligibility of all newlyhired employees; andc. Sub-subcontractors shall not enter into any contract with asubcontractor or sub-subcontractor for the physical performance ofservices within the State of Georgia unless such sub-subcontractorregisters and participates in a federal work authorization program toverify the employment eligibility of all newly hired employees.(2) As of the date of enactment of O.C.G.A. § 13-10-91, the applicable federalwork authorization program is “E-Verify” (https://everify.uscis.gov/enroll/StartPage.aspx?JS=YES)operated by the United StatesCitizenship and Immigration Services Bureau of the United States Department ofHomeland Security. Information and instructions regarding E-Verify programregistration, corporate administrator registration, and designated agentregistration can be found at that website address.Contractor, Subcontractor, and Sub-subcontractor Evidence ofCompliance:(1) Public employers who enter into a contract for the physical performance ofservices within the State of Georgia shall include in such contract a provisionstating that compliance with the requirements of O.C.G.A. § 13-10-91 areconditions of the contract.(2) Pursuant to O.C.G.A. §13-10-91, public employers shall include in all coveredcontracts a provision stating the contractor’s agreement that, in the event thecontractor employs or contracts with a subcontractor in connection with thecovered contract, the contractor will secure from such subcontractor attestationof the subcontractor’s compliance with O.C.G.A. 13-10-91 by the subcontractor’sPage: 31 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental Servicesexecution of the subcontractor affidavit and maintain records of such attestationfor inspection by the City at any time. Such subcontractor affidavit shall becomea part of the contractor/subcontractor agreement.(3) Pursuant to O.C.G.A. §13-10-91, public employers shall include in all coveredcontracts a provision stating the contractor’s agreement that, in the event thecontractor employs or contracts with a subcontractor that employs or contractswith any sub-subcontractor, the subcontractor will secure from such subsubcontractorattestation of the sub-subcontractor’s compliance with O.C.G.A.13-10-91 by the sub-subcontractor’s execution of the sub-subcontractor affidavitand maintain records of such attestation for inspection by the City at any time.Such sub-subcontractor affidavit shall become a part of the subcontractor/subsubcontractoragreement.(4) All portions of contracts pertaining to compliance with O.C.G.A. 13-10-91 andthese rules, and any affidavit related hereto, shall be open for public inspection inthis State at reasonable times during normal business hours.7.7.2 SAVE Program:The City of Alpharetta is committed to compliance with Federal and State laws requiringthe verification of the legal immigration status of any person 18 years or older whoapplies for state or local public benefits. Bidders/offerors should include a fully executedSAVE affidavit as part of their bid/RFP submissionContractor Requirement to Verify Legal Immigration Status (SAVEProgram):O.C.G.A. § 50-36-1 states that an agency or political subdivision providing oradministering a public benefit shall require every applicant for such benefit toexecute a signed and sworn affidavit verifying the applicant’s lawful presence inthe United Sates.Forms necessary to ensure compliance with this section are included under Appendix Aand must be received at the address listed under Section 1.0 prior to execution of anypurchase order or contract.7.8 Compliance with LawsThe Contractor must, in performance of work under this contract, fully comply with all applicablefederal, state, or local laws, rules and regulations, including, but not limited to, the Civil RightsAct of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990,and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by theContractor subjects subcontractors to the same provision. The Contractor agrees that the hiringof persons to perform the contract will be made on the basis of merit and qualifications andthere will be no discrimination based upon race, color, religion, creed, political ideas, sex, age,marital status, physical or mental disability, or national origin by the persons performing thecontract.7.9 Substitutions and Change OrdersNO substitutions of material, schedule cancellations, or Change Orders are permitted afterContract award without written approval by the Director of Engineering/Public Works or hisauthorized representative. Where specific employees are proposed by the Contractor for thework, those employees shall perform the work as long as those employees work for theContractor, either as employees or subcontractors, unless the City agrees to a replacement.Page: 32 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesRequests for any substitution will be reviewed and may be approved by the City at its solediscretion. Verbal agreements to the contrary will not be recognized.7.10 Contract TerminationThe City may, by written notice to the Contractor, terminate any resulting contract withoutcause. The City must give notice of termination to the Contractor at least 14 days prior to theeffective date of termination.7.11 Invoicing and PaymentThe CITY agrees to pay the CONTRACTOR in current funds for the performance of theContract subject to additions and deductions as provided in the General Conditions of theContract, and to make payments as agreed during the pre-construction meeting (if applicable).Upon completion of work and acceptance of the items, the Contractor shall submit an invoicedetailing the appropriate charges as currently allowed.Invoices shall be submitted to:City of AlpharettaDepartment of Engineering/Public Works1790 Hembree RoadAlpharetta, GA 30009Upon receipt of invoice and inspection and acceptance of the project work, the City will renderpayment. All such invoices will be paid within forty-five (45) days by the City unless any itemsthereon are questioned, in which event payment will be withheld pending verification of the amountclaimed and the validity of the claim. The Contractor will provide complete cooperation during anysuch investigation.Individual Contractors will provide their social security numbers; and proprietorships, partnerships,and corporations shall provide their federal employer identification number on Page 1 of thisRequest for Bid. All Contractors will provide a completed and signed W-9 located in Appendix A:Standard Forms with bid submission.7.12 Miscellaneous(1) In the event there are to be deliveries on site, all goods and materials will be F.O.B.Destination, Freight Prepaid and Allowed. The onsite delivery address is:City of AlpharettaEngineering/Public Works Department1790 Hembree RoadAlpharetta, GA 30009No freight or postage charges will be paid by the City of Alpharetta unless such charges areincluded and accepted in the bid price and awarded by contract. The Contractor, at contractor’sexpense, will arrange to have someone onsite to inspect and accept delivery. The Contractorhas sole responsibility for securing all materials at the project site.(2) The City does not pay sales tax and will not be charged sales tax on any invoice. The Citycannot extend sales tax exempt status to any contractor or vendor.Sales Tax Exempt# 301-682441Federal Tax Identification# 58-6011454Copies of the City’s Sales and Use Tax Certificate of Exemption and Form W-9, TaxpayerIdentification and Certification are included in Appendix C.Page: 33 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesAPPENDIX A: STANDARD FORMSThis section contains the forms necessary to ensure compliance with various laws as describedwithin this RFP.Instructions for Submitting Required Standard FormsForms Required with Every Proposal Submitted:1. City of Alpharetta Disclosure Form2. Affidavit Verifying Contractor Participation in Federal Work Authorization Program(E-Verify/I-9)3. Affidavit Verifying Subcontractor Participation in Federal Work Authorization Program(E-Verify/I-9) (if using subcontractor(s))4. Affidavit Verifying Sub-Subcontractor Participation in Federal Work AuthorizationProgram (E-Verify/I-9) (if using sub-subcontractor(s))5. Affidavit Verifying Legal Immigration Status (SAVE Program)6. Request for Taxpayer Identification Number and Certification (W-9)One completed original each of all six forms listed above and a copy of any required verifiabledocument(s) are to be returned in a separate envelope within the sealed Proposal package. Donot include copies of these documents as part of the proposal package.Page: 34 of 57

City of Alpharetta, GACity of Alpharetta Disclosure FormRFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesPage: 35 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesAffidavit Verifying Contractor Participation in Federal WorkAuthorization Program (E-Verify/I-9)Affidavit Verifying Subcontractor Participation in Federal WorkPage: 36 of 57

City of Alpharetta, GAAuthorization Program (E-Verify/I-9)RFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesPage: 37 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesAffidavit Verifying Sub-Subcontractor Participation in Federal WorkAuthorization Program (E-Verify/I-9)Page: 38 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesAffidavit Verifying Legal Immigration Status (SAVE Program)Page: 39 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesRequest for Taxpayer Identification Number and CertificationPage: 40 of 57

City of Alpharetta, GANotice of “No Bid” FormRFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesPage: 41 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesAPPENDIX B: STANDARD CONTRACTCITY OF ALPHARETTASTANDARD CONTRACT FOR SERVICESThis Contract for Professional Services for the City of Alpharetta is made and enteredinto and is effective the day of , 20 , by and between (the"Contractor") and the City of Alpharetta, Georgia (the "City").1. Contract Documents. The Contract Documents consist of this Contract, the City'sRequest for Proposal (the “RFP”) dated, any addenda thereto, and theContractor’s Proposal dated, all of which collectively are incorporatedherein by reference (collectively, the "Contract Documents"). In the event of any conflictin the Contract Documents, the RFP and this Contract shall control.2. Term. The term of this Contract shall be for ( ) year(s) beginningand ending. This Contract may be renewed by mutual consent for( ) additional one-year term(s). This Contract may be terminated prior to the term byeither party in the event of substantial failure or default of the other party to fulfill itsobligations under this Contract. Prior to such termination, the non-defaulting party shallgive notice to the defaulting party of the failure or default. Such party shall have fifteen(15) days from the date of the notice to cure the default or failure if such default or failureis capable of being cured. Upon failure to cure the failure or default within fifteen (15)days, or if such failure or default is not capable of being cured, the non-defaulting partymay terminate the Contract effective immediately upon written notice as provided inParagraph 11. The Contract may also be terminated prior to term by the City for City'sconvenience upon not less than fourteen (14) days written notice to the Contractor. Inthe event of such termination, the Contractor shall be compensated for servicesperformed prior to termination. Such amount shall be paid by the City upon theContractor's delivering or otherwise making available to the City, all data, drawings,specifications, reports, estimates, summaries and that other information and materials asmay have been accumulated by the Contractor in performing the services included inthis Contract, whether completed or in progress.3. General Scope of Services. The Contractor's duties and scope of services arespecifically set forth in the RFP, and, in general, include thefollowing:_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.4. Contract Prices. The City shall pay the Contractor for the Contractor's performance inaccordance with the amounts established in Contractor’s Completed Cost ProposalForm or the amount finally awarded by City ($ ). No price adjustments shall bemade during the term or any extension of this Contract except upon mutual consent ofthe parties. Notwithstanding any other provision of this Contract, and without prejudiceto any of City’s other rights and remedies, City shall have the right at any time or times todeduct and withhold from any payment for services that may become due under thisContract, such amount or amounts as may reasonably appear necessary to compensatethe City for work that is defective, damaged, flawed, unsuitable, non-conforming orPage: 42 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental Servicesincomplete. The City shall be entitled to retain such withheld amounts until such time asContractor has performed its obligations to the satisfaction of the City.5. Representations and Warranties. Contractor represents and warrants that: (a)Contractor has full power and authority to perform its obligations hereunder and todeliver the products and services set forth in the Contract Documents to the City withoutthe consent of any other person or entity, and the products and services shall bedelivered free and clear of any lien, encumbrance, security interest or other claim, ofwhatever nature; (b) Contractor shall comply with all applicable statutes, rules,regulations and requirements of any governmental agency or authority, whether now orhereafter enacted, in performing its obligations hereunder, and the products andservices shall comply with all such statutes, rules, regulations and requirements in effectat the time of delivery to and acceptance by the City; (c) Contractor shall perform itsobligations hereunder in a good, professional and workman-like manner, and in strictaccordance with City's specifications and the terms of this Contract; (d) All servicesperformed by the Contractor under this Contract shall be conducted in a mannerconsistent with the level of care and skill ordinarily exercised by other members ofContractor's profession or trade currently practicing in the same locality under similarconditions; and (e) Contractor, in the performance of its duties under this Contract,including but not limited to, its dealings with property owners, developers, contractors,consultants, architects and any local, state or federal governmental agency or politicalsubdivision, shall owe its primary duty of loyalty to the City.6. Insurance; Indemnification. Contractor shall maintain the types and amounts ofinsurance set forth as from time to time reasonably shall be requested by the City.Contractor shall provide proof of such insurance to the City contemporaneously with theexecution of this Contract, and as and when requested by the City during the termhereof. Contractor shall indemnify and hold the City harmless from all claims, demands,losses, attorneys' fees and liabilities of any type or nature arising out of or related to theContractor's, or Contractor's agents’, employees’ or subcontractors’, performance ornon-performance of this Contract, including, but not limited to, claims for injury to personor property; provided, however, that this indemnification obligation shall not apply toclaims arising from the sole negligence of the City or its employees. Nothing in thisparagraph or this Contract shall be deemed to constitute a waiver of the City's sovereignimmunity or create rights in any third party.7. No Subcontractors. No subcontractor or consultant shall be retained by Contractor toperform services under this Contract without the prior written consent of the City with theexception of those already noted in the Contractor’s Proposal in the ContractDocuments. Essential staff members assigned to this Project shall not be reassignedwithout the consent of the City, which consent shall not be unreasonably withheld.Administration of any approved subcontractor shall be the Contractor's responsibility andall subcontracts shall require each subcontractor to be bound by all pertinent portions ofthis Contract and to assume all applicable obligations and responsibilities which theContractor by this Contract assumes toward the City. In particular, and not by way oflimitation, all indemnification and insurance provisions shall be fully binding upon anysubcontractor providing a portion of the services, for all intents and purposes as if saidsubcontractor were a party to this Contract.8. Independent Contractor. The Contractor shall at all times be acting as an independentcontractor and not be considered or deemed to be an agent, employee, joint venture orpartner of the City. Contractor shall have no authority to contract for or bind City in anymanner.Page: 43 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental Services9. Conflict of Interest. The Contractor represents that it has not, within two (2) yearspreceding the execution of this Contract, made or agreed to make any valuable giftwhether in the form of service, loan, thing, or promise to any person (including anymember of such person's immediate family), having the duty to recommend, the right tovote upon, or any other direct influence on the selection of the Contractor to provideproducts and services to the City. This provision shall not apply to legal campaigncontributions, provided that such contributions have been disclosed in Contractor’sresponse to the City’s RFP.10. Ownership of Work Product. In the event Contractor prepares, pursuant to theperformance of this Contract, any drawings, plans, studies, reports, specifications, otherdocuments (the “Work Product”), the City shall be deemed the owner of the original of allsuch Work Product, and all statutory and common law rights with respect to such WorkProduct shall accrue to the City, provided the City has paid for the services in full.11. Notices. All contractual notices and communications under this Contract shall bedeemed sufficient if given by certified mail or statutory overnight mail with return receiptrequested, or hand delivered:(a)(b)(c)To the Contractor at the following address:______________________________Attention: ____________________________________________________________________________________________________________To the City at the following address:City of AlpharettaAttention: Director of Finance2970 Webb Bridge RoadAlpharetta, Georgia 30009With a copy to:C. Sam Thomas, P.C.Alpharetta City AttorneyBovis, Kyle & Burch, LLC200 Ashford Center NorthSuite 500Atlanta, Georgia 30338-2668For the purposes of this Contract, the effective date of notice shall be the date that thenotice is placed in certified or statutory overnight mail, or placed with a courier for handdelivery.12. Compliance with Illegal Immigration Reform and Enforcement Act:(a) E-Verify Program: The City is committed to compliance with Federal and Statelaws requiring the verification of newly hired employees to ensure they arelawfully entitled to work in the United States. As such, the City shall not enter intoa contract for the physical performance of services unless the Contractorregisters and participates in a federal work authorization program (E-Verify). TheE-Verify affidavit submitted by the Bidders/offerors will become part of theContract Documents.Page: 44 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesRequirement to Participate in a Federal Work Authorization Program (E-Verify):- Pursuant to O.C.G.A. § 13-10-91.The Contractor has registered and participates in a federal workauthorization program to verify the employment eligibility of allnewly hired employees;Subcontractors shall not enter into any contract with theContractor for the physical performance of services within theState of Georgia unless such subcontractor registers andparticipates in a federal work authorization program to verify theemployment eligibility of all newly hired employees; andSub-subcontractors shall not enter into any contract with asubcontractor or sub-subcontractor for the physical performanceof services within the State of Georgia unless such subsubcontractorregisters and participates in a federal workauthorization program to verify the employment eligibility of allnewly hired employees.- As of the date of enactment of O.C.G.A. § 13-10-91, the applicable federalwork authorization program is “E-Verify” (https://everify.uscis.gov/enroll/StartPage.aspx?JS=YES)operated by the UnitedStates Citizenship and Immigration Services Bureau of the United StatesDepartment of Homeland Security. Information and instructions regarding E-Verify program registration, corporate administrator registration, anddesignated agent registration can be found at that website address.Contractor, Subcontractor, and Sub-subcontractor Evidence of Compliance:i. Contractor providing the physical performance of services under thiscontract shall comply with the requirements of O.C.G.A. § 13-10-91.ii.iii.Pursuant to O.C.G.A. §13-10-91, in the event the Contractor employs orcontracts with a subcontractor in connection with the covered contract,the Contractor shall secure from such subcontractor attestation of thesubcontractor’s compliance with O.C.G.A. 13-10-91 by thesubcontractor’s execution of the subcontractor affidavit and will maintain arecord of such attestation for inspection by the City at any time. Suchsubcontractor affidavit shall become a part of theContractor/subcontractor agreement.Pursuant to O.C.G.A. §13-10-91, in the event the Contractor employs orcontracts with a subcontractor that employs or contracts with any subsubcontractor,the subcontractor will secure from such sub-subcontractorattestation of the sub-subcontractor’s compliance with O.C.G.A. 13-10-91by the sub-subcontractor’s execution of the sub-subcontractor affidavitand maintain records of such attestation for inspection by the City at anytime. Such sub-subcontractor affidavit shall become a part of thesubcontractor/sub-subcontractor agreement.iv. All portions of contracts pertaining to compliance with O.C.G.A. 13-10-91and these rules, and any affidavit related hereto, shall be open for publicinspection in this State at reasonable times during normal business hoursPage: 45 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental Services(b) SAVE Program: The City is committed to compliance with Federal and State lawsrequiring the verification of the legal immigration status of any person 18 years orolder who applies for state or local public benefits. The SAVE affidavit submittedby the Bidders/offerors will become part of the Contract Documents.Contractor Requirement to Verify Legal Immigration Status (SAVE Program):i. O.C.G.A. § 50-36-1 states that an agency or political subdivisionproviding or administering a public benefit shall require every applicant forsuch benefit to execute a signed and sworn affidavit verifying theapplicant’s lawful presence in the United States.13. Miscellaneous.(a) No Discrimination. In performing the services required under this Contract, theContractor shall not discriminate against any person on the basis of race, color,religion, sex, national origin or ancestry, age or disability.(b) Governing Law. This Contract is executed and shall be performed in the State ofGeorgia, and this Contract shall be construed and enforced in accordance withthe laws of the State of Georgia.(c) Captions. Titles or captions of sections contained in this Contract are insertedonly as a matter of convenience and for reference, and in no way define, limit,extend or prescribe the scope of this Contract or the intent of any provision.(d) Counterparts. This Contract may be executed in three (3) or more counterparts,each of which shall be deemed an original, but all of which shall togetherconstitute one (1) and the same instrument.(e) Severability. In the event that any provision hereof is held to be invalid orunenforceable, such provision shall be severed from this Contract and shall notaffect the validity or enforceability of the remainder of this Contract.(f) Entire Agreement. This Contract supersedes all prior discussions andagreements between the parties with respect to the matters contained herein andconstitutes the sole and entire agreement between the parties.(g) Persons Bound. This Contract shall be binding upon and shall inure to thebenefit of the parties, their respective successors, successors in title, legalrepresentatives, heirs and permitted assigns. This Contract may not be assignedby the Contractor without the prior written consent of the City.(h) Amendment. No term or provision of this Contract may be amended, waived,supplemented, modified or terminated except by an instrument in writing signedby the party against whom the enforcement of the amendment, waiver,supplement, modification or termination is sought.(i) Waiver. The City's failure or forbearance to enforce any term hereof shall not bedeemed to be a waiver of such right or claim, or any right of claim hereunder.Moreover, the City's waiver of any term hereof shall not operate or be construedas a waiver of any subsequent breaches of the same or any other term.(j) Arbitration. Any dispute arising out of this Contract shall, at the option of the Cityof Alpharetta, be submitted to binding arbitration conducted in Atlanta, Georgia inaccordance with the rules of the American Arbitration Association.(k) Annual Appropriation. Notwithstanding any other provision or provisions of thisContract, if this Contract is a multi-year contract, it shall terminate absolutely andwithout further obligation of the City (a) at the close of the calendar year in whichPage: 46 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental Servicesit was executed and at the close of each succeeding calendar year if the CityCouncil, not later than thirty (30) days prior to the end of any such calendar year,adopts a resolution terminating the Contract; or (b) at the close of the fiscal yearin which it was executed and at the close of each succeeding fiscal year if theCity Council fails to appropriate funding for the Contract for any such succeedingfiscal year.IN WITNESS WHEREOF, the parties to these presents have executed this Contract inthree (3) counterparts, each of which shall be deemed an original.Executed this ______ day of ______________________, 20____.CITY OF ALPHARETTA, GEORGIABy:___________________________________David Belle Isle, Mayor___________________________________By:___________________________________APPROVED AS TO FORM:Its:__________________________________________________________________C. Sam Thomas, P.C.City Attorney802964Page: 47 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesAPPENDIX C: CITY OF ALPHARETTA TAX FORMSPage: 48 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesPage: 49 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesAPPENDIX D: COMBINED PARCEL SURVEYPage: 50 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesAPPENDIX E: FEE PROPOSAL – RFP 12-110In the spaces provided below, enter the fixed amounts or unit rates that are requested.This form should only be included in the separate sealed envelope for Cost Proposal along withSection 5 form. (See Section 1.3.7 for more information on submitting Cost Proposal.)1. Geotechnical Engineer will be paid a lump sum fee for the performance of the serviceslisted in:a. Environmental Phase 1, Section 3.1.2: $_________________________b. Geotechnical Report, Section 3.1.4: $_________________________2. Unit Rates- Place rates in the tables on the following pages. Rates shall be fully loadedwith taxes, insurance, profit, overhead, etc.Page: 51 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesDESCRIPTION Unit Rate CommentsA. ENGINEERING AND TECHNICAL SERVICES1) Engineering Aide, per hour2) Staff Engineer, per hour3) Project Engineer, per hour4) Senior Registered Engineer, per hour5) ICC Soils, Masonry or Concrete Special Inspector, perhour6) Soil Technician, per hour7) ACI Concrete Techinician, per hour8) ICC Structural Steel Inspector – Visual Method, per hour9) Mileage, per tripB. LABORATORY TESTING SERVICES1) Standard Proctor Compaction Test (ASTM D 698)2) Modified Proctor Compaction Test (ASTM D 1557)3) Proctor Check Point, each4) Atterberg Limits (ASTM D 4318), each5) Shrinkage Limits (ASTM D 427), each6) Specific Gravity (ASTM D 854), each7) Sieve Analysis (ASTM D 422), each8) Hydrometer with Sieve Analysis (ASTM D 422), each9) Moisture Content (ASTM D 2216), each10) California Bearing Ratio Test (ASTM D 1883), per pointPage: 52 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesDESCRIPTION Unit Rate CommentsC. AGGREGATES1) Agregate Gradation (ASTM C 136), coarse aggregate,each2) Agregate Gradation (ASTM C 136), fine aggregate, each3) Gradation of Graded Aggregate Base, each4) Absorption (ASTM C 127, 128), each5) Organic Impurities (ASTM C 40), each6) Specific Gravity (ASTM C 127 & 128), each7) Sulfate Soundness, Magnesium or Sodium (ASTM C 88),eachD. CONCRETE1) Compressive Strength Test, cylinders (ASTM C 39) , each2) Compressive Strength Test, cubes (ASTM C 109) , each3) Compressive Strength Test, prisms (ASTM C 1019) ,each4) Compressive Strength Test, cores (ASTM C 42) , each5) Splitting Tensile Test (ASTM C 496), each6) Beams, Flexural Strength (ASTM D 78), each7) Modulus of Elasticity, per cylinder, each8) Compressive Strength Mix Design Verification, lightweight(ASTM C 192), each9) Cylinder Cutting, per cylinder10) Floor Flatness and Levelness Testing (Dipstick), persquare foot,E. ASPHALTIC CONCRETE1) Extraction and Gradation (ASTM D 2172 and C 136),each2) Marshall Stability and Density, 3 pills per test, (ASTM D1559), each3) Reheat and Compact Sample, each4) Core Density, each (ASTM D 2726)F. FIREPROOFING1) Density of Sprayed On Fire-Resistive Material (ASTM E605), ea.Page: 53 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesDESCRIPTION Unit Rate CommentsG. FIELD TESTING EQUIPMENT CHAREGES1) Diamond Bit Usage, per inch, diameter and length2) Generator Usage, per day3) Coring Machine Usage, per day4) Field Density, Nuclear Gauge, per day5) Nondestructive steel testing equipment, per hour6) Windsor Probe testing, per series7) Pachometer equipment, per hour8) Equipment Rental9) Turbidity Test, eachPage: 54 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesAPPENDIX F: PROJECT SCHEDULEPage: 55 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesAPPENDIX G: UST INFORMATIONPage: 56 of 57

City of Alpharetta, GARFP 12-111, Downtown City Center:Geotechnical, Materials Testing, andEnvironmental ServicesPage: 57 of 57