INVITATION TO BID 22ITB095A-JWT

SOFT DIG SERVICES

For

DEPARTMENT OF PUBLIC WORKS

BID ISSUANCE DATE: December 12, 2022 BID DUE DATE AND TIME: January 17, 2023 @ 11:00a.m., local time PRE-BID CONFERENCE DATE: January 3, 2023 @ 10:00a.m., local time PURCHASING CONTACT: Janelle Tanner at 404-612-7969 E-MAIL: janelle.tanner@fultoncountyga.gov

LOCATION: FULTON COUNTY DEPARTMENT OF PURCHASING

130 PEACHTREE STREET, S.W., SUITE 1168

ATLANTA, GA 30303

mailto:janelle.tanner@fultoncountyga.gov

TABLE OF CONTENTS

Invitation to Bid

Section 1 - Instructions to Bidders

1. Contract Documents

2. Bid Preparation

3. Receipt and Opening of Bids

4. Addenda and Interpretations

5. Site Examination

6. Bidder’s Modification and Withdrawal of Bids

7. Bid and Contract Security

8. Surety Bonds

9. Insurance and Risk Management Requirements

10. Right to Reject Bids

11. Applicable Laws

12. Examination of Contract Documents

13. Bid Evaluation

14. Award Criteria

15. Disqualification of Bidders

16. Basis of Award

17. Professional Licenses

18. Wage Clause

19. Notice of Award of Contract

20. Execution of Contract Documents

21. Payment Terms

22. Equal Employment Opportunity (EEO) in Purchasing and Contract Compliance

23. Joint Venture

24. Non-Collusion

25. Term of Contract

26. Georgia Security and Immigration Compliance Act

27. No Contact Provision

28. Authorization to Transact Business

29. Kick-Off Meeting

30. Substitutions

31. Right to Protest

32. Certificate of Acceptance

33. Exceptions to the County’s Contract

34. Certification Regarding Debarment

35. Intergovernmental Cooperative Procurement Statement

36. Bid General Conditions

Section 2 Bid Form Section 3 Bond Forms Section 4 Scope of Work and Technical Specifications Section 5 Insurance and Risk Management Provisions Section 6 Purchasing Forms Section 7 Contract Compliance Forms

22ITB095A-JWT

Soft Dig Services Invitation to Bid

INVITATION TO BID

22ITB095A-JWT SOFT DIG SERVICES

Sealed Bids for furnishing all materials, labor, tools, equipment and appurtenances necessary for Soft Dig Services must be electronically submitted to the Fulton County Department of Purchasing and Contract Compliance via BidNet Direct, no later than 11:00 a.m., local time, on January 17, 2023.

SCOPE OF WORK

Fulton County is seeking services for soft dig excavation in support of maintenance and repair of water system and other infrastructure.

METHOD OF SOURCE SELECTION

This procurement is being conducted in accordance with all applicable provisions of the Fulton County Code of Ordinances and the specific method of source selection for the services required in this bid is Code Section 102-373, Competitive Sealed Bid.

BID DOCUMENTS

In order to obtain complete information about this solicitation, please click the link below where this document and supporting documents can be downloaded, https://www.bidnetdirect.com/georgia/fultoncounty.

PURCHASING CONTACT

Information regarding the bid or bid requirements, either procedural or technical, may be obtained by submitting questions to:

Purchasing Contact Name: Janelle Tanner Email: janelle.tanner@fultoncountyga.gov Phone: 404-612-7969

PRE-BID CONFERENCE

A Pre-Bid Conference will be held via web-conference.

Date: Tuesday, January 3, 2023 Time: 10:00 a.m., local time Link: Web Conference Link: Join Zoom Meeting https://zoom.us/j/96388171691

Meeting ID: 963 8817 1691 One tap mobile +14703812552,,96388171691# US (Atlanta) +14702509358,,96388171691# US (Atlanta)

Dial by your location +1 470 381 2552 US (Atlanta) https://www.bidnetdirect.com/georgia/fultoncounty mailto:janelle.tanner@fultoncountyga.gov https://zoom.us/j/96388171691

22ITB095A-JWT

Soft Dig Services Invitation to Bid

+1 470 250 9358 US (Atlanta) +1 267 831 0333 US (Philadelphia) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 646 518 9805 US (New York) +1 646 558 8656 US (New York) +1 651 372 8299 US (Minnesota) +1 786 635 1003 US (Miami) +1 602 753 0140 US (Phoenix) +1 669 219 2599 US (San Jose) +1 669 900 9128 US (San Jose) +1 720 928 9299 US (Denver) +1 971 247 1195 US (Portland) +1 206 337 9723 US (Seattle) +1 213 338 8477 US (Los Angeles) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) Meeting ID: 963 8817 1691 Find your local number: https://zoom.us/u/a9T56Oc3t

The Pre-Bid Conference will be conducted for the purpose of explaining the County’s bid process, the specifications/technical documents; to provide non-binding verbal responses to questions concerning these bid specifications; and, to discuss issues from the Bidders perspective. However, no verbal response provided at the Pre-Bid Conference binds the County. Only those responses to questions submitted through BidNet Direct and responded to by the County will be official.

Inquiries regarding the solicitation either technical or otherwise may be submitted prior to the Pre-Bid Conference and will be addressed during the Pre-Bid Conference.

Any additional questions asked at the Pre-Bid Conference will be responded to in the form of an addendum with the County’s official responses.

Fulton County does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of Fulton County Government should be directed to Mario Avery, Contract Compliance Administrator at

(404) 612-6307 or email: mario.avery@fultoncountyga.gov.

VENDOR REGISTRATION

Bid responses must be submitted electronically on-line through BidNet Direct. The Bidder’s firm must be a registered vendor with BidNet Direct at https://www.bidnetdirect.com/georgia/fultoncounty in order to submit a response to this ITBC. There is no charge to register, simply follow the registration path and select the "Limited Access" option.

If you need any assistance registering or using the platform, please call BidNet's Support Team at 800-835-4603 ext. 2 for assistance.

END OF SECTION

https://zoom.us/u/a9T56Oc3t mailto:mario.avery@fultoncountyga.gov https://www.bidnetdirect.com/georgia/fultoncounty

22ITB95A-JWT Section 1 Soft Dig Services Instructions to Bidders

INSTRUCTIONS TO BIDDERS

The following provisions are hereby made a part of this Invitation to Bid. Any Contract awarded as the result of this Bid shall be governed by the following terms and conditions.

1. CONTRACT DOCUMENTS

The Contract Documents include the Contract Agreement, Contractor's Bid (including all documentation accompanying the Bid and any post-Bid documentation required by the County prior to the Notice of Award), any Special Conditions, General Conditions, Supplementary Conditions, Specifications and addenda, together with written amendments issued in accordance with the General Conditions on or after the date of the Contract Agreement.

The Contract Documents shall define and describe the complete work to which they relate.

2. BID PREPARATION

Bidders shall SUBMIT ONE (1) ORIGINAL, SIGNED AND DATED BID

RESPONSE IN PDF FORMAT ELECTONICALLY THROUGH BIDNET DIRECT

(https://www.bidnetdirect.com/georgia/fultoncounty) on the forms provided in the Bid Document.

All bids must be made on the bid forms contained herein and shall be subject to all requirements of the Agreement Documents. All bids must be regular in every respect and no interlineations, excisions, or special conditions shall be made or included in the bid by the Bidder.

Lump sum, unit price and extensions of unit prices must be entered in the appropriate spaces provided on the Bid Schedule/Bid Form. Unit prices shall include an appropriate allocation of overhead and other indirect costs so that the summation of unit price extensions and lump sum items represents the total bid amount. All blank spaces must be typed or hand written in blue ink on the “Original”. All dollar amounts must be BOTH in writing and figures and represent prices for the published scope of work without exceptions.

The County may, in its sole discretion, reject any bid determined as irregular, a conditional bid or any bid on which there is an alteration of, or departure from the Bid Schedule attached.

Erasures or other changes in the bids must be explained or noted over the signature of the Bidder. All corrections to any entry must be lined out and initialed by the Bidder. Please do not use correction tapes or fluid. Failure to do so shall render the Bidder as non-responsive and cause rejection of the bid.

Failure to execute the Bid Schedule/Bid Form documents may result in Bidder being deemed non-responsive and cause rejection of the bid.

3. RECIEPT AND OPENING OF BIDS

Sealed bids will be received by the Fulton County Department of Purchasing & Contract Compliance electronically via BidNet Direct as described above. All submitted bid responses will be electronically time and date stamped at the time all documents are uploaded and received.

REQUIRED SUBMITTALS: The bidder must complete and execute the following documents and upload as required:

1. Georgia Security and Immigration Contractor Affidavit and Agreement

2. Georgia Security and Immigration Subcontractor Affidavit

3. Bid Form

4. Acknowledgement of each Addendum

5. Bid Bond

6. Purchasing Forms

7. Contract Compliance Forms

8. Proof of Insurance

Any bid responses received after the stated time and date will not be considered. It shall be the sole responsibility of the bidder to have his/her bid submitted in BidNet Direct to the County for receipt on or before the stated time and date.

Bid(s) shall be publicly opened via web conferencing, with only the names and total bid price of the bidders disclosed at the opening.

Date: Tuesday, January 17, 2023 Time: 11:05 a.m., local time Web Conference Link: Join Zoom Meeting https://zoom.us/j/92675285557

Meeting ID: 926 7528 5557 One tap mobile +14703812552,,92675285557# US (Atlanta) +14702509358,,92675285557# US (Atlanta)

Dial by your location +1 470 381 2552 US (Atlanta) +1 470 250 9358 US (Atlanta) +1 786 635 1003 US (Miami) +1 267 831 0333 US (Philadelphia) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 646 518 9805 US (New York) +1 646 558 8656 US (New York) +1 651 372 8299 US (Minnesota) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 602 753 0140 US (Phoenix) https://zoom.us/j/92675285557

+1 669 219 2599 US (San Jose) +1 669 900 9128 US (San Jose) +1 720 928 9299 US (Denver) +1 971 247 1195 US (Portland) +1 206 337 9723 US (Seattle) +1 213 338 8477 US (Los Angeles) Meeting ID: 926 7528 5557 Find your local number: https://zoom.us/u/abf3diJ3XF

4. ADDENDA AND INTERPRETATIONS

No interpretations of the meaning of the specifications or other pre-bid documents will be made to any Bidder orally.

Bidders requiring clarification or interpretation shall submit question(s) via BidNet Direct website to the designated Purchasing Representative. To be given consideration, requests must be received no later than 2:00 PM., Monday January 9, 2023. The County will not respond to any requests, oral or written, received after this date.

Only communications from firms that are in submitted via BidNet Direct website will be recognized by the County as duly authorized expressions on behalf of Bidder(s). Any and all such interpretations and any supplemental instructions to this solicitation will be in the form of written addenda to the specifications and posted on BidNet Direct website.

Failure of Bidders to receive or acknowledge any addendum shall not relieve them of any obligation under the Bid. All addenda shall become part of the Contract Documents.

5. SITE EXAMINATION

There will not be a scheduled site visit for this project.

6. BIDDER’S MODIFICATION AND WITHDRAWAL OF BIDS

A Bidder may modify or withdraw its bid by written request, provided that the request is received by the County prior to the bid due date and time at the address to which bids are to be submitted. Provided further, that in case of an electronic request (i.e. facsimile, e-mail, etc.) a written confirmation thereof over the authorized signature of the Bidder must be received by the County at the address to which original Bids are to be submitted within three (3) calendar days after issue of the electronic message. Following withdrawal of its bid, the Bidder may submit a new bid, providing delivery is affected prior to the established bid opening date and time. No bid may be withdrawn after bid due date for sixty (60) calendar days.

https://zoom.us/u/abf3diJ3XF

7. BID AND CONTRACT SECURITY (NON-APPLICABLE)

8. SURETY BONDS (NON-APPLICABLE)

9. INSURANCE AND RISK MANAGEMENT REQUIREMENTS

Insurance and Risk Management provisions and Indemnification and Hold

Harmless provisions are outlined in Section 5 of this ITB.

Upon award, the successful Bidder must obtain at their expense, a Certificate of

Insurance (“COI”) with policy limits equal to or greater than the limits outlined in Section 5. Proof of insurance must be provided to the County prior to the start of any work activities/services as described in the bid documents. Any and all insurance coverage(s) and/or bonds required under the terms and conditions of the contract shall be maintained during the entire term of the contract, including any contract modifications thereto, and until all work has been completed to the satisfaction of the County.

10. RIGHT TO REJECT BIDS

The County reserves the right to reject any or all bids and to waive informalities.

No bids will be received after the time set for opening bids. Any unauthorized conditions, limitations or provisions attached to the Bid, except as provided herein, will render it informal and may cause its rejection. Unbalanced bids will be subject to rejection. Any bidder may withdraw his/her bid, either personally or by telegraphic or written request, at any time prior to the scheduled closing time for receipt of bids. Telegraphic or written requests for withdrawal must be in the possession of the County prior to the closing time for receipt of bids.

11. APPLICABLE LAWS

All applicable laws and regulations of the State of Georgia and ordinances and regulations of Fulton County shall apply. Protestors shall seek resolution of their complaints in the manner provided in the Fulton County Purchasing Code §102- 488 et. seq., incorporated by reference herein.

12. EXAMINATION OF CONTRACT DOCUMENTS

Prospective bidders shall examine the contract documents and before submitting a bid, shall make a written request to the County for an interpretation or correction of any ambiguity, in consistency or error therein which could be discovered by a bidder. At the bid opening each bidder shall be presumed to have read and be familiar with the contract documents.

13. BID EVALUATION

a. Each Bid timely received and in the County's hands at the time set forth for the Bid opening shall constitute an offer to perform the Agreement on the terms and conditions thereof, in strict accordance with the Agreement documents, and all other requirements, all for the Bid total. For good cause and valuable consideration, the sufficiency of which is acknowledged by submittal of a Bid, each Bidder promises and agrees that its Bid shall be irrevocable for a period of sixty calendar days after the Bid opening and will not be withdrawn or modified during that time. The County may accept any Bid by giving the Bidder Written Notice of acceptance during that time.

If necessary, the period of time specified may be extended by written agreement between the County and the Bidder or Bidders concerned.

b. After the Bids have been opened and before any award is made, the County will evaluate the Bid process, the Bid total, the supplements to the Bid form, Bidder's experience, proposed Subcontractors and equipment manufacturers and other data relating to Bidders' responsibility and qualifications to perform the Agreement satisfactorily.

c. All extension of the unit prices shown and the subsequent addition of extended amounts may be verified by the County. In the event of a discrepancy between the unit price bid and the extension, the unit price will be deemed intended by the Bidder and the extension shall be adjusted. In the event of a discrepancy between the sum of the extended amounts and the bid total, the sum of the extended amounts shall govern.

d. Bidder may be required to submit, in writing, the addresses of any proposed

Subcontractors or Equipment manufacturers listed on the Bid, and to submit other material information relative to proposed Subcontractors or Equipment manufacturers. The County reserves the right to disapprove any proposed Subcontractor or Equipment manufacturers whose technical or financial ability or resources or whose experience are deemed inadequate.

e. The County reserves the right to reject any Bid the prices of which appear to be unbalanced, and to reject any or all Bids, or parts thereof, if it determines, in its sole discretion, that such rejection is in the best interest of the County. Where only a single responsible and responsive Bid is received, the County may in its sole discretion, elect to conduct a price or cost analysis of the Bid. Such Bidder shall cooperate with such analysis and provide such supplemental information as may be required. The determination whether to enter into an Agreement with such sole Bidder shall be solely within the County’s discretion and not dependent upon performance of a price or cost analysis.

f. Bids will be evaluated on the basis of determining the lowest Bid total of a

Bidder, not including alternates, whose Bid is responsive to the Invitation to Bid and who is determined to be technically, financially and otherwise responsible to perform the Agreement satisfactorily, and to meet all other requirements of the Bidding Documents relating thereto. Any Bid may be rejected if it is determined by the County to be non-responsive, provided, however, that the Commission reserves the right to waive any irregularities or technicalities which it determines, within its sole discretion, to be minor in nature and in the interest of the public. Furthermore, any Bid may be rejected if it is determined by the County, in its sole discretion, that the Bidder is not capable of performing the Agreement satisfactorily based upon review of its experience and technical and financial capabilities, or the failure of such bidder to provide information requested relating to such determination. Additionally, the County reserves the right to disqualify Bids, before and after the bid opening, upon evidence of collusion with intent to defraud or other illegal practices upon the part of any Bidder(s).

g. The County intends to award the Agreement at the earliest practicable date to the lowest responsive, responsible Bidder(s), provided that the Bid is within the funds available for the project. In addition, the County reserves the right to reject all Bids if it determines, in its sole discretion, that the public interest will be best served by doing so.

h. A Pre-award Conference may be conducted with the apparent low Bidder(s) to review general requirements of the Bidding Documents.

14. AWARD CRITERIA

Award will be made after evaluating the prices, responsiveness and responsibility of each Bidder.

A. Responsiveness: The determination of responsiveness will be determined by the following:

a. The completeness of all material, documents and/or information required by the County;

b. Whether the bidder has submitted a complete Bid form without irregularities, excisions, special conditions, or alternative bids for any item unless specifically requested in the Bid form.

B. Responsibility: The determination of the bidder’s responsibility will be determined by the following

a. The ability, capacity and skill of the Bidder to perform and/or provide the Work required;

b. The County reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the County that he/she is properly qualified to carry out the obligations of the Contract;

c. The character, integrity, reputation, judgment, experience and efficiency of the Bidder;

d. The quality of performance of work on previous contracts or work;

Maintains a permanent place of business individually or in conjunction with the prime contractor.

e. Has the appropriate and adequate technical experience necessary to perform the Work;

f. Has adequate personnel and equipment to do the Work expeditiously;

g. Has suitable financial means to meet obligations incidental to the work.

15. DISQUALIFICATION OF BIDDERS

Any of the following may be considered as sufficient for disqualification of a Bidder and the rejection of the Bid:

a. Submission of more than one Bid for the same work by an individual, firm, partnership or Corporation under the same of different name(s);

b. Evidence of collusion among Bidders;

c. Previous participation in collusive bidding on Work for the County;

d. Submission of an unbalanced Bid, in which the prices quoted for same items are out of proportion to the prices for other items;

e. Lack of competency of Bidder. The Agreement will be awarded only to a Bidder(s) rated as capable of performing the Work.

16. BASIS OF AWARD

The Contract, if awarded, will be awarded to the two lowest responsive and responsible bidders as determined in the best interest of the County. If two contracts are awarded, each would be for one half of the quantities in the bid form.

No bid may be withdrawn for a period of sixty (60) days after the date of bid opening except as permitted by O.C.G.A., §36-91-41 et seq., as amended. Each Bid must be accompanied by a Bid Bond in accordance with the Bid Bond Requirements provided in the Contract Documents, on a Surety Company’s Standard Bid Bond Form acceptable to the County in an amount no less than 5% of the amount bid. The successful bidder will be required to furnish a Performance Bond and Payment Bond, on or before the issuance of Notice to Proceed, each in the amount of 100% of the Contract Amount. All other required Contract Documents must be fully completed and executed by the Contractor and his/her Surety, and submitted to the Owner on or before the issuance of the Notice to Proceed.

17. PROFESSIONAL LICENSES (NON-APPLICABLE)

The State of Georgia requires that the following professions are required by state law to be licensed:

1. Electricians

2. Plumbers

3. Conditioned Air Contractors

4. Low voltage Contractors

Bidders and any sub-contractors performing any of the above described work must provide a copy of their license for the work they will perform on this project.

Bidders must complete Form C3: Georgia Professional License Certification in Section 6, Purchasing Forms Failure to provide the required license may deem your bid non-responsive.

18. WAGE CLAUSE

Pursuant to 102-413, Each Contractor shall agree that in the performance of the Contract he will comply with all lawful agreements, if any, which the Contractor had made with any association, union, or other entity, with respect to wages, salaries, and working conditions, so as not to cause inconvenience, picketing, or work stoppage.

19. NOTICE OF AWARD OF CONTRACT

As soon as possible, and within sixty (60) days after receipt of bids, the County shall notify the successful Bidder of the Award of Contract.

The award shall be made by the Board of Commissioners of Fulton County to the lowest responsive, responsible bidder(s) as soon as possible after receipt of bids, taking into consideration price and the responsiveness to the requirements set forth in the Invitation for Bid. In such case, no claim shall be made by the selected Contractor(s) for loss of profit if the contract is not awarded or awarded for less work than is indicated and for less than the amount of his bid. The total of the awarded contract shall not exceed the available funds allocated for this project.

Should the County require additional time to award the contract, the time may be extended by mutual agreement between the County and the successful bidder. If an Award of Contract has not been made within sixty (60) days from the bid date or within the extension mutually agreed upon, the Bidder may withdraw the Bid without further liability on the part of either party.

Any award made by the Board of Commissioners as a result of this bid will begin from the date of the notice to proceed. The Bidder agrees hereby to commence work under this Contract, with adequate personnel and equipment, on a date to be specified in a written order from the user department. The contract shall become effective on the Contract Date and shall continue in effect until the end of the term of the contract or until the project has been closed-out unless earlier terminated pursuant to the termination provisions of the contract.

20. EXECUTION OF CONTRACT DOCUMENTS

Upon notification of Award of Contract, the County shall furnish the Contractor the conformed copies of Contract Documents for execution by the Contractor and Contractor’s surety.

Within ten (10) days after receipt the Contractor shall return all the documents properly executed by the Contractor and the Contractor’s surety. Attached to each document shall be an original power-of-attorney for the person executing the bonds for the surety and certificates of insurance for the required insurance coverage.

After receipt of the documents executed by the Contractor and his surety with the power-of-attorney and certificates of insurance, the County shall complete the execution of the documents. Distribution of the completed documents will be made upon completion.

Should the contractor and/or surety fail to execute the documents within the time specified, the County shall have the right to proceed on the Bid Bond accompanying the bid.

If the County fails to execute the documents within the time limit specified, the Contractor shall have the right to withdraw the Contractor’s bid without penalty.

Should an extension of any of the time limits stated above be required, this shall be done only by mutual agreement between both parties.

Any agreement or contract resulting from the acceptance of a bid shall be on a County approved document form. The County reserves the right to reject any agreement that does not conform to the Invitation for Bid and any County requirements for agreements and contracts. The County reserves the right to modify the agreement resulting from this bid upon the recommendation of the County Attorney.

21. PAYMENT TERMS

After award and execution of the Contract Agreement, the County will issue a Purchase Order for invoices to be submitted for payment. Your company must be registered in the County’s AMS System in order for the Department of Purchasing & Contract Compliance to issue a Purchase Order and for your company to receive payments. If your company is not a registered vendor, complete the vendor application via the County’s Vendor Registration website, www.fultonvendorselfservice.co.fulton.ga.us. A copy of the company’s current Business License and W-9 are required to complete the vendor registration process. All payments will be made via Electronic Funds Transfer (EFT).

If you have any questions regarding registering, please contact the County’s Vendor Coordinator at (404) 612-5907

Specific payment terms are described in the Section 8, General Conditions.

22. EQUAL EMPLOYMENT OPPORTUNITY (“EEO”) IN PURCHASING AND

CONTRACTING

To be eligible for award of this Agreement, the Bidder must certify and fully comply with the requirements, terms, and conditions of the County’s Non Discrimination in Contracting and Procurement.

23. JOINT VENTURE

http://www.fultonvendorselfservice.co.fulton.ga.us/

Any Bidder intending to respond to this solicitation as a joint venture must submit an executed joint venture agreement with its offer. The agreement must designate those persons or entities authorized to execute documents or otherwise bind the joint venture in all transactions with Fulton County, or be accompanied by a document, binding upon the joint venture and its constituent members, making such designation. Offers from joint ventures that do not include these documents will be rejected as being non-responsive.

24. NON-COLLUSION

By submitting a signed Bid, Bidder certifies and attests that there has been no collusion with any other Bidder. Reasonable grounds for believing Bidder has an interest in more than one Bid will result in rejection of all Bids in which the Bidder has an interest. Any party to collusion may not be considered in future Bids for the same or similar work.

25. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

This Invitation to Bid is subject to the Georgia Security & Immigration Compliance Act. Effective July 1, 2013, bidders and proposers are notified that all bids/proposals for services that are to be physically performed within the State of Georgia must be accompanied by proof of their registration with and continuing and future participation in the E-Verify program established by the United States Department of Homeland Security. Physical performance of services means any performance of labor or services for a public employer using a bidding process or by contract wherein the labor or services exceed $2,499.99 (except for services performed by an individual who is licensed pursuant to Title 26, Title 43, or the State Bar of Georgia).

A completed affidavit must be submitted with the bid/proposal at the time of submission, prior to the time for opening bids/proposals. Under state law, the County cannot consider any bid/proposal which does not include a completed affidavit. It is not the intent of this notice to provide detailed information or legal advice concerning the Georgia Security & Immigration Compliance Act. All bidders/proposers intending to do business with the County are responsible for independently apprising themselves and complying with the requirements of that law and its effect on County procurements and their participation in those procurements. For additional information on the E-Verify program or to enroll in the program, go to: https://e-verify.uscis.gov/enroll .

The Director of Purchasing & Contract Compliance is authorized to conduct random audits of a contractor’s or subcontractors’ compliance with the Illegal Immigration Reform and Enforcement Act and the rules and regulations of the Georgia Department of Labor.

https://e-verify.uscis.gov/enroll

26. TERM OF CONTRACT

The contract term shall be as defined below. The County is obligated only to pay such compensation under the contract as may lawfully be made from funds budgeted and appropriated for that purpose during the County’s then current fiscal year.

a. Commencement Term

The effective date of the Purchase Order shall begin the starting date and shall end absolutely and without further obligation on the part of the County on the 31st day of December 2023. The Commencement Term shall be subject to events of termination and the County’s termination rights that are described elsewhere in this Agreement. Notwithstanding anything contained in this Agreement, the County’s obligation to make payments provided under this Agreement shall be subject to the County’s annual appropriations of funds for the goods, services, materials, property and/or supplies procured under this Agreement by the County’s governing body and such obligation shall not constitute a pledge of the County’s full faith and credit within the meaning of any constitutional debt limitation.

b. Renewal Terms

Unless the terms of this Agreement are fulfilled with no further obligation of the part of either party on or before the final date of the Commencement Term as stated above, or unless an event of termination as defined within this Agreement occurs during the Commencement Term, this Agreement may be renewed at the written option of the County upon the approval of the County Board of Commissioners for two (2) one-year (“Renewal Terms”). However, no Renewal Term of this Agreement shall be authorized, nor shall any Renewal Term of this Agreement commence unless and until each Renewal Term has first been approved in writing by the County Board of Commissioners for the calendar year of such Renewal Term. If approved by the County Board of Commissioners, the First Renewal Term shall begin on the 1st day of January 2024 and shall end no later than the 31st day of December 2024. If approved by the County Board of Commissioners, the Second Renewal Term shall begin on the 1st day of January 2025 and shall end no later than the 31st day of December 2025. If the County chooses not to exercise any Renewal Term as provided in this Section, then the Term of this Agreement then in effect shall also be deemed the “Ending Term” with no further obligation on the party of either party.

c. Term Subject to Events of Termination

All “Terms” as defined within this Section are subject to the section of this Agreement which pertain to events of termination and the County’s rights upon termination.

d. Same Terms

Unless mutually agreed upon in writing by the parties, or otherwise indicated herein, all provisions and conditions of any Renewal Term shall be exactly the same as those contained within in this Agreement.

e. Statutory Compliance Regarding Purchase Contracts.

The parties intend that this Agreement shall, and this Agreement shall operate in conformity with and not in contravention of the requirements of O.C.G.A. § 36-60- 13, as applicable, and in the event that this Agreement would conflict therewith, then this Agreement shall be interpreted and implemented in a manner consistent with such statute.

27. NO CONTACT PROVISION

It is the policy of Fulton County that the evaluation and award process for County contracts shall be free from both actual and perceived impropriety, and that contacts between potential vendors and County officials, elected officials and staff regarding pending awards of County contracts shall be prohibited.

A. No person, firm, or business entity, however situated or composed, obtaining a copy of or responding to this solicitation, shall initiate or continue any verbal or written communication regarding this solicitation with any County officer, elected official, employee, or designated County representative, between the date of the issuance of this solicitation and the date of the County Manager’s recommendation to the Board of Commissioners for award of the subject contract, except as may otherwise be specifically authorized and permitted by the terms and conditions of this solicitation.

B. All verbal and written communications initiated by such person, firm, or entity regarding this solicitation, if same are authorized and permitted by the terms and conditions of this solicitation, shall be directed to the Purchasing Agent.

C. Any violation of this prohibition of the initiation or continuation of verbal or written communications with County officers, elected officials, employees, or designated County representatives shall result in a written finding by the Purchasing Agent that the submitted Bid or proposal of the person, firm, or entity in violation is “non-responsive”, and same shall not be considered for award.

28. AUTHORIZATION TO TRANSACT BUSINESS

If the Contractor is a corporation or corporations combined to form a joint venture, the corporation or members of the joint venture team, prior to Agreement execution, must submit documentary evidence from the Secretary of State that the corporation is in good standing and that the corporation is authorized to transact business in the State of Georgia.

29. KICK-OFF MEETING

A Kick-off conference may be held with the successful Bidder and all known

Subcontractors at a date and time set by the County.

30. SUBSTITUTIONS

See Special Conditions Article.

31. RIGHT TO PROTEST

Any actual bidder or offeror that has submitted a bid/proposal for a particular procurement and is aggrieved in connection with the solicitation or award of the contract shall protest in writing to the purchasing agent after the date that the specific bid or proposal is submitted. No protest will be accepted or considered prior to the date the specific bid or proposal is submitted; it will be considered untimely. All protests shall set forth in full detail the factual and legal basis for the protest and specific relief sought by the protestor. Protests arising from factual or legal basis that the protestor knew or should have known prior to the submission of the bid/proposal must be submitted within three business days of the submission of the bid/proposal. Protests arising from factual or legal basis that the protestor knew or should have known subsequent to the date the bid/proposal was submitted must be submitted within ten business days after the protestor knew or should have known of such basis, but in no event shall any protest be submitted more than ten business days after the award of the contract.

Untimely protests will not be considered by the purchasing agent and will be simply denied as untimely. Decisions on timeliness by the purchasing agent are not appealable. An oral protest or a protest to an official, employee, User Department, or other person apart from the Director of Purchasing & Contract Compliance does not comply.

32. CERTIFICATE OF ACCEPTANCE

By responding to this Bid, Bidder acknowledges that he/she has read this solicitation document, including any addenda, exhibits, attachments, and/or appendices in its entirety, and agrees that no pages or parts of the document have been omitted, that he/she understands, accepts and agrees to fully comply with the requirements therein.

Bidder also certifies and attests that the Bidder has reviewed the form Fulton

County contract included in this solicitation and agrees to be bound by its terms, or that the Bidder certifies that it is submitting any proposed modification(s) to the contract terms with its proposal in accordance with Section 2.26, Exceptions to the County’s Contract. The Bidder further certifies that the failure to submit proposed modifications with the Bid waives the Bidder’s right to submit proposed modifications later. The Bidder also acknowledges that the indemnification and insurance provisions of Fulton County’s contract included in this solicitation document are non-negotiable and that proposed modifications to said terms may be reason to declare the Bidder’s Bid as non-responsive.

33. EXCEPTIONS TO THE COUNTY’S CONTRACT

If Bidder takes exception to any term or condition set forth in the Owner- Contractor Agreement, and any of its exhibits, appendices or attachments, said exceptions must be clearly identified in the response to this Bid. Exceptions or modifications to any of the terms and conditions must be submitted as a separate document accompanying the Bidder’s Bid clearly marked as “Exceptions.”

The County shall be the sole determiner of the acceptability of any exception(s).

34. CERTIFICATION REGARDING DEBARMENT

By responding to this Bid, Bidder certifies that neither it or its subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from doing business with any government agency. Any such exclusion may cause prohibition of your firm from participating in any procurement by the County. Section 102-449 of the Fulton County Code of Laws, which is incorporated as if fully set forth herein, establishes the procedure for the debarment of contractors.

35. INTERGORVERNMENTAL COOPERATIVE PROCUREMENT STATEMENT

The County through the Department of Purchasing & Contract Compliance grants to any public serving governmental agency, authorization to purchase equivalent services or products described herein with this solicitation at the same submitted unit bid price, terms and conditions, but only with the consent of the Contractor/Consultant/ Service Provider. Public agencies shall have the ability to purchase the awarded goods and services from the awarded Contractor(s)/Consultant(s)/Service Provider(s) under the terms and conditions of the resultant contract. Any purchases shall be between the Contractor/Consultant/Service Provider and the participating public agency and shall not impact the Contractor’s/Consultant’s/Service Provider’s obligation to the County. Any estimated purchase volumes listed herein do not include other public agencies and the County makes no guarantee as to their participation.

36. BID GENERAL CONDITIONS

1. A Bid may be withdrawn upon receipt of a written request prior to the stated due date and time. If a firm seeks to withdraw a bid after the due date and time, the firm must present a notarized statement indicating that an error was made, with an explanation of how it occurred. The withdrawal request must be accompanied by documentation supporting the claim. Prior to approving or disapproving the request, an opinion will be obtained from the County Attorney’s Office indicating whether the firm is bound by its Bid.

Bids for projects that are solicited pursuant to the Georgia Local Government Public Works Construction Law (O.C.G.A. § 36-91-1 et seq.)

may be withdrawn as follows:

The County must advise Bidders in the solicitation of the number of days that Offerors will be required to honor their Bid. If an Bidder is not selected within 60 days of opening the Bids, any Bidder that is determined by the governmental entity to be unlikely of being selected for contract award will be released from the Bid.

2. Fulton County shall be the sole judge of the quality and the applicability of all Bids. Design, features, overall quality, local facilities, terms and other pertinent considerations will be taken into account in determining acceptability.

3. The successful Bidder must assume full responsibility for delivery of all goods and services proposed.

4. The successful Bidder must assume full responsibility for replacement of all defective or damaged goods and/or performance of contracted services within thirty (30) days’ notice by the County of such defect, damage or deficiency.

5. The successful Bidder must assume full responsibility for providing warranty service on all goods, materials, or equipment provided to the County with warranty coverage. Should a vendor be other than the manufacturer, the vendor and not the County is responsible for contacting the manufacturer. The Offeror is solely responsible for arranging for the service to be performed.

6. The successful Bidder shall be responsible for the proper training and certification of personnel used in the performance of the services proposed.

7. The successful Bidder shall not assign, transfer, convey, sublet, or otherwise dispose of any contract resulting from the Bid or of any of its rights, title or interest therein without prior written consent of the Fulton County Board of Commissioners.

8. In case of default by the successful Bidder, Fulton County may procure the articles or services from another source and hold the successful Bidder responsible for any resultant excess cost.

9. All proposals and Bids submitted to Fulton County are subject to the

Georgia “Open Records Act”, Official Code of Georgia, Annotated (O.C.G.A.) § 50-18-70 et seq.

10. All proposals and Bids submitted to Fulton County involving Utility

Contracting are subject to the Georgia law governing licensing of Utility Contractors, O.C.G.A. §43-14-8.2(h).

22ITB095A-JWT Section 2 Soft Dig Services Bid Form

BID FORM

Submitted To: Fulton County Government

Submitted By: ______________________

For: 22ITB095A-JWT, Soft Dig Services

Submitted on ____________________, 2022.

The undersigned, as Bidder, hereby declares that the only person or persons interested in the Bid as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this Bid or in the Contract to be entered into; that this Bid is made without connection with any other person, company or parties making a Bid; and that it is in all respects fair and in good faith without collusion or fraud.

The Bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the Drawings and Specifications for the work and contractual documents relative thereto, and has read all instructions to Bidders and General Conditions furnished prior to the openings of bids; that he has satisfied himself relative to the work to be performed.

The Bidder proposes and agrees, if this Bid is accepted, to contract with the Board of Commissioners of Fulton County, Atlanta, Georgia, in the form of contact specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary, and to complete the construction of the work in full and complete accordance with the shown, noted, and reasonably intended requirements of the Specifications and Contract Documents to the full and entire satisfaction of the Board of Commissioners of Fulton County, Atlanta, Georgia, with a definite understanding that no money will be allowed for extra work except as set forth in the attached General Conditions and Contract Documents for the following prices.

THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY

EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST

RESPONSIBLE BIDDER.

The base bid may not be withdrawn or modified for a period of sixty (60) days following the receipt of bids.

BASE BID AMOUNT (Do not include any Bid Alternates)

(Dollar Amount In Numbers)

(Dollar Amount in Words)

The Bidder agrees hereby to commence work under this Contract, with adequate personnel and equipment, on a date to be specified in a written “Notice to Proceed” from the County.

The Bidder declares that he understands that the quantities shown for the unit prices items are subject to either increase or decrease, and that should the quantities of any of the items of work be increased, the Bidder proposes to do the additional work at the unit prices stated herein; and should the quantities be decreased, the Bidder also understands that payment will be made on the basis of actual quantities at the unit price bid and will make no claim for anticipated profits for any decrease in quantities; and that actual quantities will be determined upon completion of work, at which time adjustments will be made to the contract amount by direct increase or decrease.

BASE BID AMOUNT

Item No. Labor category Estimated hours/year

Hourly labor rate

Total Cost Extended Cost

1 Equipment and Operator 500

Item No. Item Description Estimated

Quantity Unit of Issue Unit price Total Cost Extended

Cost 2 Trip Fee 150 each

Total Cost for Items 1 and 2 $________________

Note:

“Hourly Rate for equipment and operator shall be the time actually on site. Invoices shall include site arrival and departure times. Actual hours worked to be tracked and billed in 15 minute (1/4 hour) increments.

The trip fee shall include the cost for traveling from the contractor’s permanent location of the equipment to the project site, travel to the material disposal site, the cost of all material disposal including any fees, and return to the contractor’s permanent location for the equipment.

The Bidder furthermore agrees that, in the case of a failure on his part to execute the Contract Agreement and Bonds within ten days after receipt of conformed contract documents for execution, the Bid Bond accompanying his bid and the monies payable thereon shall be paid into the funds of the Owner as liquidated damages for such failure.

Enclosed is a Bid Bond in the approved form, in the sum of:

Dollars

($ ) according to the conditions of “Instructions to Bidders” and provisions thereof.

The undersigned acknowledges receipt of the following addenda (list by the number and date appearing on each addendum) and thereby affirms that its Bid considers and incorporates any modifications to the originally issued Bidding Documents included therein.

ADDENDUM # DATED

ADDENDUM # DATED

ADDENDUM # DATED

ADDENDUM # DATED

BIDDER:

Signed by:

[Type or Print Name]

Title:

Business Address:

Business Phone:

Note: If the Bidder is a corporation, the Bid shall be signed by an officer of the corporation; if a partnership, it shall be signed by a partner. If signed by others, authority for signature shall be attached.

The full name and addresses of persons or parties interested in the foregoing Bid, as principals, are as follows:

Name Address

BID BOND

INSTRUCTIONS

1. No bid for a contract in Fulton County for work to be done shall be valid for any purpose unless the Contractor shall give a Bid Bond with good and sufficient surety payable to, in favor of, and for the protection of Fulton County.

2. This form is required for use in connection with the Agreement identified on its face. There shall be no deviation from this form without approval by the County.

3. The full legal name and business address of the Principal shall be inserted in the space designated "Principal" on the face of the form. The bond shall be signed by an authorized person.

4. The Bid Bond shall not be less than 5% of the total amount payable by the terms of the Contract.

5. Corporation executing the bond as surety must be among those appearing on the

U.S. Treasury Department's most current list of approved sureties and must be acting within the amounts and limitations set forth therein.

6. Corporate surety shall be duly authorized by the Commissioner of Insurance of the

State of Georgia to transact surety business in the State of Georgia.

7. Attestation for the Corporation must be by the Corporate Officer; for a partnership by another partner; for an individual by a notary with the Corporate Seal.

BID BOND

22ITB095A-JWT SOFT DIG SERVICES

STATE OF GEORGIA

COUNTY OF FULTON

KNOW ALL MEN BY THESE PRESENTS, THAT WE

hereinafter called the PRINCIPAL, and hereinafter call the SURETY, a corporation chartered and existing under the laws of the State of and duly authorized to transact Surety business in the

State of Georgia, are held and firmly bound unto the Fulton County Government (COUNTY), in the penal sum of

Dollars and Cents ($ ) good and lawful money of the

United States of America, to be paid upon demand of the COUNTY, to which payment well and truly to be made we…